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ORD 2011-12TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2011-12 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING ARTICLE ONE ENTITLED "FLOOD DAMAGE PREVENTION" OF CHAPTER FOUR ENTITLED "FLOOD DAMAGE PREVENTION" OF THE CODE OF ORDINANCES OF THE TOWN AND ADOPTING A NEW ARTICLE ONE ENTITLED "FLOOD DAMAGE PREVENTION" OF CHAPTER ONE OF THE CODE OF ORDINANCES. PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS TO CHAPTER FOUR AS SET FORTH IN THE ORDINANCE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING THAT ANY PERSON WHO VIOLATES ARTICLE I OF CHAPTER 4 OF THE CODE OR ORDINANCES, SHALL BE GUILTY OF A CLASS C MISDEMEANOR PUNISHABLE BY A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) AND THAT EACH DAY THE VIOLATION IS ALLOWED TO EXIST OR CONTINUES TO EXIST SHALL BE A SEPARATE OFFENSE FOR EACH VIOLATION; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town"), is authorized and empowered by law, in accordance with the National Flood Insurance Program/Federal Emergency Management Association to regulate the development of land and property development within the Town; and, WHEREAS, due to changes in the Texas Water Code, revisions to the Town's Flood Damage Prevention Ordinance have become necessary; and WHEREAS, after consulting with the Town's Flood Plain Administrator, staff has determined that the revisions as set forth below are necessary and appropriate to comply with The Flood Control Insurance Act; and WHEREAS, the Town Council hereby finds that the repeal of the existing Article 1 entitled "Flood Damage Prevention" of Chapter 4 of the Code of Ordinances of the Town and the adoption of a new Article 1 entitled "Flood Damage Prevention" of Chapter 4 of the Code of Ordinances of the Town as set forth below is in the best interests of the health, safety and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises having been found by the Town Council to be true and correct are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Article I entitled "Flood Damage Prevention" of Chapter 4 entitled "Flood Damage Prevention" of the Code of Ordinances of the Town of Trophy Club is hereby repealed and a new Article 1 entitled "Flood Damage Prevention" of Chapter 4 of the Code of Ordinances of the Town is hereby adopted and shall be and read in its entirety as follows: Section 1.01 Findings of Fact A. The Flood Hazard Areas of Trophy Club are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and govemmental services, and extraordinary public expenditures for Flood protection and relief, all of which adversely affect the public health, safety and general welfare. <,s. B. These Flood losses are created by the cumUlative effect of obstructions in Floodplains which cause an increase in Flood heights and velocities, and by the occupancy of Flood Hazard Areas by uses vulnerable to Floods and hazardous to other lands because they are inadequately elevated, Flood-proofed or otherwise protected from Flood damage. Section 1.02 Statement of Purpose It is the purpose of this Ordinance to promote the public health, safety, and general welfare and to minimize public and private losses due to Flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of future public money for costly Flood control projects; 3. Minimize the need for rescue and relief efforts associated with Flooding and generally undertaken at the expense of the general public; ORD 2011-12 Page 2 of25 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone, storm drainage and sanitary sewer lines, streets and bridges located in a SFHA; 6. Help maintain a stable tax base by providing for the sound use and Development of Flood-prone areas in such a manner as to minimize future Flood-blight areas; and 7. Insure that potential buyers are notified when a property is in a Flood Area. Section 1.03 Methods of Reducing Flood Losses In order to accomplish its purposes, this Ordinance employs the following methods, techniques, and/or provisions: 1. Restrict or prohibit uses that are dangerous to health, safety or property in times of Flood, or cause excessive increases in Flood heights or velocities; 2. Require that uses vulnerable to Floods, including facilities that serve such uses, be protected against Flood damage at the time of initial construction; 3. Control the alteration of natural Floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters; 4. Control filling, grading, dredging and other Development, which may increase Flood damage; 5. Prevent or regulate the construction of Flood barriers which will unnaturally divert floodwaters or which may increase Flood hazards to other lands. Section 1.04 Definitions Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. Alluvial Fan Flooding: Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by ORD 2011-12 Page 3 of25 high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. Apex: A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. Appurtenant Structure: A structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure Area of Future Conditions Flood Hazard: The land area that would be inundated by the 1-percent-annual chance (100 year) flood based on future conditions hydrology. Area of Shallow Flooding: A designated AO, AH, AR/AO, AR/AH, or VO zone on a Town's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of Special Flood Hazard: The land in the floodplain within a Town subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1- 30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, ARIA, va, V1-30, VE orV. Base Flood: The Flood having a one percent (1%) chance of being equaled or exceeded in any given year. Base Flood Elevation (BFE): The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1-A30, AR, V1-30, or VE that indicates the water surface elevation resulting from the flood that has a one-percent (1%) chance of equaling or exceeding that level in any given year -also called the Base Flood. Basement: Any area of the building having its floor subgrade (below ground level) on all sides. Breakaway Wall: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse ORO 2011-12 Page 4 of 25 under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. Critical Feature: An integral and readily identifiable part of a Flood Protection System, without which the Flood protection provided by the entire system would be compromised. Development: Any man-made change in improved and unimproved real estate, including but not limited to buildings or other Structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Elevated Building: Means, for insurance purposes, a non-basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Elevation Certificate: FEMA Form 81-31. An administrative tool of the NFIP used to provide elevation information necessary to ensure Compliance with Town Floodplain management Ordinances, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment or Revision (LOMA or LOMR-F). EXisting Construction: For the purpose of determining rates, Structures for which the "Start of Construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing Construction" may also be referred to as "existing Structures." EXisting Manufactured Home Park or Subdivision: A Manufactured Home park or subdivision for which the construction of facilities for servicing the lots on which the Manufactured Homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the Floodplain Management Regulations adopted by the Town. Expansion to an Existing Manufactured Home Park or Subdivision: The preparation of additional sites by the construction of facilities for servicing the lots on which the Manufactured Homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA): The federal agency responsible for the emergency evaluation and response to natural disasters caused by earthquakes, hurricanes, Floods, tornadoes, snowstorms, hail, forest fires, drought and weather-related phenomenon. ORD 2011-12 Page 5 of25 Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters, 2. The unusual and rapid accumulation of runoff of surface waters from any source. Flood Elevation Study or Flood Insurance Study: An examination, evaluation and determination of Flood hazards and, if appropriate, corresponding Water Surface Elevations, or an examination, evaluation and determination of mudslide (Le. mudflow) and/or Flood-related erosion hazards. Flood Insurance Rate Map (FIRM): An official map of the Town, on which the Federal Emergency Management Agency (FEMA) has delineated both the Areas of Special Flood Hazards and the risk premium zones applicable to the Town. Floodplain Administrator: The Floodplain Administrator of the Town of Trophy Club, or their designee. Floodplain or Flood-Prone Area: Any land area susceptible to being inundated by water from any source (see definition of Flooding). Floodplain Management: The operation of an overall program of corrective and preventive measures for reducing Flood damage, including but not limited to emergency preparedness plans, Flood control works and Floodplain Management Regulations. Floodplain Management Regulations: Zoning Ordinances, subdivision regulations, building codes, health regulations, special purpose Ordinances (such as a Floodplain Ordinance, grading Ordinance and erosion control Ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of Flood damage prevention and reduction. Flood Protection System: Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify Flooding in order to reduce the extent of the areas within the Town subject to a "special flood hazard" and the extent of the depths of associated Flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. ORD 2011-12 Page 6 of25 Flood Proofing: Any combination of structural and non-structural additions, changes, or adjustments to Structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, Structures and their contents. Floodway or Regulatory Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the Water Surface Elevation more than a designated height. Functionally Dependent Use: A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. Highest Adjacent Grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic Structure: Any Structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the Natural Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district of a district preliminarily determined by the Secretary to qualify as a registered historic district. 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either; a. By an approved state program as determined by the Secretary of the Interior, or b. Directly by the Secretary of the Interior in states without approved programs. ORO 2011-12 Page 7 of25 Levee: A man-made Structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary Flooding. Levee System: A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOMR -Letter of Map Revision: A letter from FEMA officially revising the current FIRM to show changes to Floodplains, Floodways, or Flood elevations. Lowest Floor: The Lowest Floor of the lowest enclosed area (including Basement). An unfinished or Flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a Basement area is not considered a building's Lowest Floor; provided that such enclosure is not built so as to render the Structure in Violation of the applicable non-elevation design requirement of Section 60.03 of the National Flood Insurance Program regulations. Manufactured Home: A Structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "Manufactured Home" does not include a "Recreational Vehicle." Manufactured Home Park or Subdivision: A parcel (or contiguous parcels) of land divided into two or more Manufactured Home lots for rent or sale. Mean Sea Level (MSL): For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which Base Flood elevations shown on the Town's Flood Insurance Rate Map are referenced. National Flood Insurance Program (NFIP): The program of Flood insurance coverage and Floodplain Management administered under the National Flood Insurance Act of 1968 and any amendments to it. and applicable Federal regulations promulgated in Title 44 of the Code of Federal Regulations, Subchapter B. New Construction: For the purpose of determining insurance rates, Structures for which the "Start of Construction" commenced on or after the effective date of an initial FIRM or after December 31,1974, whichever is later, and includes any subsequent improvements to such Structures. For ORD 2011-12 Page 8 of25 Floodplain Management purposes, "New Construction" means Structures for which the "Start of Construction" commenced on or after the effective date of a Floodplain Management regulation adopted by the Town and includes any subsequent improvements to such Structures. New Manufactured Home Park or Subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the Town. Recreational Vehicle: A vehicle that is: 1. Built on a single chassis; 2. Four hundred (400) square feet or less when measured at the largest horizontal projections; 3. Designed to be self-propelled or permanently towable by a light-duty truck; and, 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Regulatory Floodway: See definition for Floodway. Riverine: Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Special Flood Hazard Area (SFHA): see definition for Area of Special Flood Hazard Start of Construction: (For other than New Construction or Substantial Improvements under the Coastal Barrier Resources Act (Pub. L. 97-348», Includes Substantial Improvement and means the date the building permit was issued, provided the actual Start of Construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within one- hundred eighty (180) days of the permit date. The actual start means either the first placement of Permanent Construction of a Structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a Manufactured Home on a foundation. Permanent Construction does not include land preparation, such as clearing, grading and filing; nor does it include the installation of streets and/or walkways; nor does it include excavation for Basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of ORD 2011-12 Page 9 of 25 accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main Structure. For a Substantial Improvement, the actual Start of Construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure: For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, than is principally above ground, as well as a Manufactured Home. Substantial Damage: Damage of any origin sustained by a Structure whereby the costs of restoring the Structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the Structure before the damage occurred. Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement of a Structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the Structure before "Start of Construction" of the improvement. This includes Structures that have incurred "Substantial Damage," regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a Structure to correct existing Violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or, 2. Any alteration of a "Historic Structure," provided that the alteration will not preclude the Structure's continued designation as a "Historic Structure. " Town: The Town of Trophy Club, Texas. Variance: A grant of relief by the Town from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations which are incorporated herein by reference.) Water Surface Elevation: The height, in relation to the National American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of Floods of various magnitudes and frequencies in the Floodplains of coastal or Riverine areas. ORO 2011-12 Page 10 of 25 Section 1.05 General Provisions A. Lands to Which This Ordinance Applies This ordinance shall apply to all areas of special flood hazard in the jurisdiction of Trophy Club, Texas. B. Basis For Establishing Areas of Special Flood Hazard The Areas of Special Flood Hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Denton County, Texas and Incorporated Areas," dated April 18, 2011, with Flood Insurance Rate Map (FIRM), dated April 18, 2011; and any revisions thereto are hereby adopted by reference and declared to be a part of this Ordinance. C. Development in Trophy Club Floodplain Development in Trophy Club Floodplain shall meet applicable FEMA regulations and all Town ordinances. D. Compliance No Structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Article and other applicable laws, codes or regulations. E. Abrogation and Greater Restrictions This Article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where a term or provision of this Article and any other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. F. Interpretation In the interpretation and application of this Ordinance, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under State law. ORO 2011-12 Page 11 of 25 G. Warning and Disclaimer of Liability The degree of Flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater Floods can and will occur and Flood heights may be increased by man-made or natural causes. This Ordinance does not imply that land outside the Areas of Special Flood Hazards or uses permitted within such areas will be free from Flooding or Flood damage. This Ordinance shall not create liability on the part of the Town or any official or employee thereof for any Flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. H. Dumping and Obstructions Prohibited The placement or dumping of any material (including but not limited to dirt, rock, construction debris, rubbish, refuse, tree and brush cuttings, grass clippings, or any other waste, material, or device which may obstruct or impede flow) in a SFHA that regularly or periodically carries surface water is prohibited. Section 1.06 Administration A. Designation of the Floodplain Administrator The Town Manager or designee is hereby appointed as the Floodplain Administrator to administer and implement the provisions of this Ordinance and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management. B. Duties and Responsibilities of the Floodplain Administrator Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: 1. Maintain and hold open for public inspection all records pertaining to the provisions of this Ordinance. 2. Review proposed development applications to determine whether proposed building sites, including the placement of Manufactured Homes, will be reasonably safe from flooding. 3. Review, approve, or deny all applications for development required by this Ordinance. ORD 2011-12 Page 12 of 25 4. Review proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. 5. Where interpretation is needed as to the exact location of the boundaries of the Areas of Special Flood Hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Floodplain Administrator shall make the necessary interpretation. a. When such interpretation results in a determination that an area is NOT in a Special Flood Hazard Area, the issuance of a building permit for any part of the area subsequent thereto shall be subject to the applicant's agreement to indemnify, hold harmless, and defend the Town of Trophy Club, the Town Engineer, and the Floodplain Administrator for any adverse consequences resulting from or related to such determination. 6. Notify in Riverine situations, adjacent communities, and the State Coordinating Agencies, which are Texas Commission on Environmental Quality (TCEQ), and the Texas Water Commission, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. 7. Assure that the Flood-carrying capacity with the altered or relocated portion of any watercourse is maintained or increased. 8. When Base Flood Elevation data has not been provided in accordance with Section 1.06. B. the Floodplain Administrator shall obtain, review and reasonably utilize any Base Flood Elevation data and Floodway data available from a Federal, State or other source, in order to administer the provisions of Section 1.08. 9. When a Regulatory Floodway has not been designated, the Floodplain Administrator must require that no New Construction, SUbstantial Improvements, or other Development (including fill) shall be permitted within Zones A1-30 and AE on the Town's FIRM, unless it is demonstrated that the cumUlative effect of the proposed Development, when combined with all other existing and anticipated Development, will not increase the Water Surface Elevation of the Base Flood more than one foot (1') at any point within the Town. 10. Under the provisions of 44 CFR Chapter 1, Section 65.12 of the National Flood Insurance Program regulations, the Town, in its sole discretion, ORO 2011-12 Page 13 of 25 may choose to exercise, or decline to exercise, its authority to approve certain development in Zones A1-30, AE, AH, on the Town's FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the Town first completes all of the provisions required by Section 65.12. c. Permit Procedures 1. Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by the Floodplain Administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the exact location, dimensions, and elevation of proposed landscape alterations, existing and proposed Structures, including the placement of Manufactured Homes, and the location of the foregoing in relation to Areas of Special Flood Hazard. Additionally, the following information is required: a. Elevation (in relation to Mean Sea Level) of the Lowest Floor (including Basement) of all new and substantially improved Structures. b. Elevation in relation to Mean Sea Level to which any nonresidential Structure shall be Floodproofed; c. A Certificate from a registered professional engineer or architect that the non-residential Floodproofed Structure shall meet the Floodproofing criteria of Section 1.08, Subsection B. 2.; d. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed Development; e. Maintain a record of all such information in accordance with Section 1.07, Subsection B.1. 2. Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this Ordinance and the following relevant factors: a. The danger of life and property due to Flooding or erosion damage; b. The susceptibility of the proposed facility and its contents to Flood damage and the effect of such damage on the individual owner; c. The danger that materials may be swept onto other lands to the injury of other persons or property; ORO 2011-12 Page 14 of 25 d. The compatibility of the proposed use with existing and anticipated Development; e. The safety of access to the property in times of Flood for ordinary and emergency vehicles; f. The costs of providing governmental services during and after Flood conditions including maintenance and repair of streets, bridges, public utilities; and facilities such as sewer, gas, electrical and water systems; g. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and effects of wave action, if applicable, expected at the site; h. The necessity to the facility of a waterfront location, where applicable; i. The availability of alternative locations, not subject to Flooding or erosion damage, for the proposed use. D. Variance Procedures 1. The Building Board of Appeals, empowered under the 2003 Building Code, and as appointed by the Town Council shall hear and render judgment on requests for Variances from the requirements of this Article. Upon consideration of the factors noted in this Section and the intent of this Article, the Building Board of Appeals may attach such conditions to the granting of Variances, as it deems necessary to further the purpose and objectives of this Article. 2. The Building Board of Appeals, empowered under the 2003 Building Code, and shall hear and render judgment on an Appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Article provided that written notice of such Appeal is filed with the Floodplain Administrator within ten (10) business days of the date of the decision or a determination by the Floodplain Administrator. 3. Any person or persons aggrieved by the decision of the Building Board of Appeals may Appeal such decision in the courts of competent jurisdiction. 4. The Floodplain Administrator shall maintain a record of all actions involving an Appeal and shall report Variances to the Federal Emergency Management Agency upon request. ORO 2011-12 Page 15 of 25 5. Variances may be issued for the reconstruction, rehabilitation, or restoration of Structures listed on the National Register of Historic Places or the State Inventory of History Places, without regard to the procedures set forth in the remainder of this Ordinance. 6. Variances may be issued for New Construction and Substantial Improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing Structures constructed below the Base Flood level, providing the relevant factors in Section C.2 of this Section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the Variance increases. 7. Upon consideration of the factors noted above and the intent of this ordinance, the Building Board of Appeals, empowered under the 2003 Building Code, may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this Article (Section 1.03). 8. Variances shall not be issued within any designated Floodway if any increase in Flood levels during the Base Flood discharge would result. 9. Variances may be issued for the repair or rehabilitation of Historic Structures upon a determination that the proposed repair or rehabilitation will not preclude the Structure's continued designation as a Historic Structure and the Variance is the minimum necessary to preserve the historic character and design of the Structure. 10. Prerequisites for granting Variances are as follows: a. Variances may only be issued upon a determination that the Variance is the minimum necessary, considering the Flood hazard, to afford relief. b. Variances may only be issued upon, ORD 2011-12 i. Showing a good and sufficient cause; ii. A determination that failure to grant the Variance would result in exceptional hardship to the applicant, and, iii. A determination that the granting of a Variance will not result in increased Flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or Page 16 of 25 victimization of the public, or conflict with existing local laws or Ordinances. c. Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.11 Variances may be issued by the Town for New Construction and Substantial Improvements and for other Development necessary for the conduct of a Functionally Dependent Use provided that: a. The criteria outlined in Section 1.07, Subsection D (1) to (-9) are met, and b. The Structure or other Development is protected by methods that minimize Flood damages during the Base Flood and create no additional threats to public safety. Section 1.07 Provisions for Flood Reduction A. General Standards In all Areas of Special Flood Hazards, the following provisions are required for all New Construction and Substantial Improvements: 1. All New Construction or Substantial Improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movements of the Structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; 2. All New Construction or Substantial Improvements shall be constructed by methods and practices that minimize Flood damage; 3. All New Construction or Substantial Improvements shall be constructed with materials resistant to Flood damage; 4. All New Construction or Substantial Improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of Flooding; 5. All new and replacement water supply systems shall be designated to minimize or eliminate infiltration of floodwaters into the system; ORO 2011-12 Page 17 of 25 6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and 7. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during Flooding. 8. All new critical facilities, such as emergency centers, hospitals, fire stations, power stations, hazardous materials storage sites or other sites determined by the Town are prohibited from the 500-year Floodplain. B. Specific Standards In all Areas of Special Flood Hazards where Base Flood Elevation data has been provided as set forth in (i) Section 1.06, Subsection B, (ii) Section 1.07, Subsection B. 8, or (iii) Section 8, Subsection C. 3, the following provisions are required: 1. Residential Construction: New Construction and Substantial Improvement of any residential Structure shall have the Lowest Floor (including Basement), elevated a minimum of two feet (2') or more above the Base Flood Elevation. A registered professional engineer or land surveyor shall submit a FEMA Floodplain elevation certification to the Floodplain Administrator that the standard of this subsection, as proposed in Section 1.07, Subsection C. 1. a. is satisfied. 2. Nonresidential Construction: New Construction and Substantial Improvements of any commercial, industrial or other nonresidential Structure shall either have the Lowest Floor (including Basement) elevated two feet (2') or more above the Base Flood level or together with attendant utility and sanitary facilities, shall be designed so that below this level (minimum two feet (2') above the Base Flood Elevation) the Structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification, which includes the specific elevation (in relation to Mean Sea Level) to which such Structures are Floodproofed, shall be maintained by the Floodplain Administrator. 3. Enclosures: New Construction and Substantial Improvements, with fully enclosed areas below the Lowest Floor that are usable solely for parking of vehicles, building access or storage in any area other than a ORD 2011-12 Page 18 of 25 Basement and which are subject to Flooding shall be designed to automatically equalize hydrostatic Flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a. A minimum of two (2) openings on separate walls having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to Flooding shall be provided. b. The bottom of all openings shall be no higher than one foot (1 ') above grade. c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 4. Manufactured Homes a. Require that all Manufactured Homes to be placed within Zone A on a Town's FHBM or FIRM shall be installed using methods and practices that minimize Flood damage. For the purposes of this requirement, Manufactured Homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. b. Require that Manufactured Homes that are placed or substantially improved within Zones A1-30, AH, and AE on the Town's FIRM on sites: ORD 2011-12 i. Outside of a Manufactured Home park or subdivision, ii. In a new Manufactured Home park or subdivision, iii. In an expansion to an Existing Manufactured Home Park or Subdivision, or iv. In an Existing Manufactured Home Park or Subdivision on which a Manufactured Home has incurred "Substantial Damage" as a result of a Flood, be elevated on a permanent foundation such that the Lowest Floor of the Manufactured Home is elevated to a minimum of two feet (2') above the Base Flood Elevation and be Page 19 of25 securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. c. Require that Manufactured Homes be placed or substantially improved on sites in an Existing Manufactured Home Park or Subdivision with Zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of Subsection 4 of this Section be elevated so that either: i. The Lowest Floor of the Manufactured Home is a minimum of two feet (2') at or above the Base Flood Elevation, or ii. The Manufactured Home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than thirty-six inches (36") in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 5. Recreational Vehicles a. Require that Recreational Vehicles placed on sites within Zones A1- 30, AH, and AE on the Town's FIRM either: i. Be on the site for fewer than one-hundred eighty (180) consecutive days or ii. Be fully licensed and ready for highway use, or iii. Meet the permit requirements of Section 1.07, Subsection C. 1, and the elevation and anchoring requirements for "Manufactured Homes" in Subsection 4 of this section. A Recreational Vehicle is ready for highway use if it is on its wheels or jacking system; is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. 6. Floodplain Compensation a. Whenever any portion of a Floodplain is authorized for use, the space occupied by the authorized fill or Structure below the Base Flood Elevation shall be compensated for by a hydraulically equivalent volume of excavation taken from below the Base Flood Elevation. All such excavations shall be constructed to drain freely to the watercourse. 7. Foundation Protection ORO 2011-12 Page 20 0125 a. Engineered Fill-All new buildings constructed in Zone A, A1-30, AH and AE on the Town's FIRM must be constructed on properly designed and compacted fill. C. Standards For Subdivision Proposals 1. All subdivision proposals including the placement of Manufactured Home Parks and Subdivisions shall be consistent with Sections 2, 3, and 4 of this Article. 2. All proposals for the Development of subdivisions including the placement of Manufactured Home Parks and Subdivisions shall meet Floodplain Development Permit requirements of Section 1.06, Subsection C; Section 1.07, Subsection C; and the provisions of Section 1.08 of this Ordinance. 3. Base-Flood Elevation data shall be generated for subdivision proposals and other proposed Development including the placement of Manufactured Home parks and subdivisions which are greater than fifty (50) lots or five (5) acres, whichever is lesser, if not otherwise provided pursuant to 1.06, Subsection B or Section 1.07, Subsection B. 8. of this Article. 4. Base-Flood Elevation data, with the establishment of a floodway, shall be generated by a detailed engineering study for all Zone A areas, within 100 feet of the boundary lines of Zone A areas, and other streams not mapped by FEMA, as indicated on the Town's FIRM. 5. All subdivision proposals including the placement of Manufactured Home Parks and Subdivisions shall have adequate drainage provided to reduce exposure to Flood hazards. 6. All subdivision proposals including the placement of Manufactured Home Parks and Subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate Flood damage. 7. Compensatory Storage requirement (cut and fill) is required by developers to compensate for the loss of conveyance (storage) caused by filling in the Floodplain fringe by removing the hydraulically equivalent amount of material in the Floodplain near the proposed Development. This will help to maintain Flood storage and ensure that floodwaters will not be displaced onto another property as the result of a Floodplain fill. D. Standards for Areas of Shallow Flooding (AO/AH Zones) Located within the areas of special flood hazard established in Section 1.06, Subsection B, are areas designated as shallow flooding. These areas have ORD 2011-12 Page 21 of 25 special flood hazards associated with flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: 1. All new construction and SUbstantial improvements of residential structures have the lowest floor (including basement) elevated to two (2) feet above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the Town's FIRM (at least 2 feet if no depth number is specified). 2. All new construction and substantial improvements of non-residential structures; (a) have the lowest floor (including basement) elevated to two (2) feet above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the Town's FIRM (at least 2 feet if no depth number is specified), or (b) together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the Base Flood Elevation in an AH Zone level, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. 3. A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Section 1.07, Subsection C are satisfied. 4. Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. E. Floodways Floodways located within Areas of Special Flood Hazard established in 1.06, Subsection A, are areas designated as Floodways. Since the Floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles and erosion potential, the following provisions shall apply: 1. Encroachments are prohibited, including fill, New Construction, Substantial Improvements and any other Development within the adopted Regulatory Floodway unless it has been demonstrated through ORO 2011-12 Page 22 of 25 hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the Town during the occurrence of the base flood discharge. 2. If Section 1.08, Subsection E. 1. above is satisfied, all new construction and sUbstantial improvements shall comply with all applicable flood hazard reduction provisions of Section 1.08. 3. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, the Town of Trophy Club may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the Town of Trophy Club first completes all of the provisions required by Section 65.12. Section 1.08 Violations A. No Structure, land, or Development shall hereafter be constructed, located, extended, converted or altered without full Compliance with the terms of this Article and other applicable regulations. B. A Structure or other Development without the Elevation Certificate, other certifications, or other evidence of Compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) and is presumed to be in Violation until such time as that documentation is provided. Section 3. Penalty It shall be unlawful for any person to violate any provision of this Ordinance, and any person-violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. The penalty provided herein shall be cumulative of all other remedies available for enforcement of the provisions of this Ordinance. The remedy provided herein shall be cumulative of all other remedies authorized by law. Section 4. Cumulative Repealer Clause This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance ORO 2011-12 Page 23 of 25 are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. Section 5. Severability If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. Savings All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all Violations of the provisions of any other Ordinance affecting Flood damage prevention regulations which have secured at the time of the effective date of this Ordinance; and, as to such accrued Violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 7. Publication The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. Section 8. Engrossment and Enrollment The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. Section 9. Effective Date This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. ORO 2011-12 Page 24 of25 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 4th day of April, 2011. EFFECTIVE DATE: ATIEST: /[hannrM /1datIA Sbannon DePrateJ,Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: ~t~da~ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORD 2011-12 Connie White, Mayor Town of Trophy Club, Texas [SEAL] Page 25 of25