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HomeMy WebLinkAbout1987-0451686L NO 7- AN ORDINANCE AMENDING CHAPTER 10-1/2, "FLOOD DAMAGE PREVENTION", OF FORTHE CODE ADOPTIONOOFOTHENANCES OF THE REQUIREMENTS OFTF, TEXAS TO PROVIDE THEFEDERALEMERGENCY MANAGE- MENT AGENCY, PROVIDING FOR AMENDMENTS THERETO, PROVIDING FOR ADDITIONS THERETO, PROVIDING FOR DELETIONS THEREWITH, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $1,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Federal Emergency Management Agency has recently promulgated regulations which revised the National Flood Insurance Program floodplain management criteria, and WHEREAS, the City of Denton is a participant in the National Flood Insurance Program and as a condition for continued eligi- bility in the program, the City of Denton must revise floodplain management regulations to be consistent with the revised National Flood Insurance Program, and WHEREAS, the City of Denton desires to continue in the National Flood Insurance Program and hereby adopts the following revisions and additions to be incorporated in the Code of Ordi- nances of the City of Denton, Texas, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Article II of Chapter 10-1/2 of the Code of Ordinances is amended to read as follows Article II Definitions Sec 10 1/2-3 Words, Terms, Phrases Defined Unless specifically defined below, words, terms or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter its most rea- sonable application "Appeal" means a request for a review of the city engineer's interpretation of any provision of this chapter or a request for a variance "Area of shallow flooding" means a designated AO Zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three (3) feet This condition occurs where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident "Area of special flood hazard" is the land in the flood plain within a community subject bdercent as orgreaterchance of flooding in any g Year, designate "Base flood" means the flood having a one per cent chance of being equaled or exceeded in any given year "Critical feature" means an integral and readily identifiable ich the tection provided byothetion entiressystem would betem, without compromised flood pro - compromised "Development" means any man-made change to improved or unim- proved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations "Elevated building" means a nonbasement building (a) built, in the c building i elevated floor 99, A0, AH, B, C, X, and D tohave the top ele elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water, and (b) adequately anchored so as not to impair the structural integrity of the building of up to the magnitudeofthe base flood In the case of Zones Al-30, AE, A, , AH, B. C, X, and D, "elevated building" also includes a building perimeter elevated b h solid means of fill or openings sufficient to facilitate the unimpeded movement of flood water "Encroachment lines" are limits of obstruction of flood flows These lines are generally parallel to the stream The lines are established by assuming that the area landward (outside) of the encroachment lines will be ultimately developed in such a way that it will not be available to convey floodflows If hydraulic efficiencyained by unnecessaryoencroachments, it will tbe adequatetoconveycting the against f the floodwais theregu- latory flood without resulting in a increase in flood elevations of more than on foot "Existing Construction" means for the purposes of determining rates, structures for which the "start of construction" commenced before August 1, 1979 PAGE 2 "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from (a) The overflow of inland or tidal waters, (b) The unusual and rapid accumulation or runoff of surface waters from any source "Flood hazard boundary map (FHBM)" means an official map of a community, issued by the Federal Insurance Administration, where the areas within the boundaries of special flood hazards have been designated as Zone A "Flood insurance rate map (FIRM)" means an official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community "Flood insurance study" is the official report provided by the Federl stration port lood profiles,athe nwater esurface lelevation ofhthe ebn base flood,asfwell as the flood hazard boundary floodway map "Floodplain" is the area outside the floodway which is still subject to inundation by the regulatory flood This area is designated by the symbols FP "Floodway" means the channel of a stream and adjacent land areas which are required to carry and discharge the floodwater of floodflows of any river or stream associated with the regulatory flood elevationth an above thelowable regulatory maximumincrease lofronee in foot wsurface This area is designated by the symbols FW "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo r hirepair facilitiies,o butdoesnot includeers, anhltonguterm ngstorage and so r related manufacturing facilities "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure "Levee" means a man-made structure, usually an earthen embank- ment practdesigned ces toand c ntain,constructed contr l,accordance ivert thewith flowsound o£ewatereso as to provide protection from temporary flooding PAGE 3 "Levee system" means the flood protection system which con- sists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices "Lowest floor" means the lowest floor of the lowest enclosed area (including basement) An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than abasement not con- thateasuch s enclosure sidered a building s lowest floor, provided is not built so as to render the structure in violation of the nce and 44CF his applicable section 603ofthe National FloodInsurance le ntndlgts of taProgram regulations "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation laying connected to the required facilities For flood plain management purposes, the term manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed upon site for greater than one hundred and eighty (180) consecutive day nots includes nsurance travel term trailers,"manufactured othome" Forother similar vehicles "Manufactured home park or subdivision" means a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale "Mean Sea Level" for purposes of the National Flood Insurance Program, the National Geodetic Vertical Data (NGVD) of 1929 or other datum, to which base flood elevation shown on a communities flood insurance rate map are referenced "Minimum building elevation" The elevation to which uses regulated by this chapter are required to be elevated or flood - proofed This elevation would be equal to the elevation that could be reached by the regulatory flood if it occurred under con- ditions existing at the time this ordinance was passed, p lus foot to allow for encroachments permitted by the establishment of floodways, i e minimum building elevation equals regulatory flood elevation plus one foot "New construction" means, for flood plain management purposes, structures for which the "start of construction" commenced on or after the effective date of a flood plain management regulation adopted by a community PAGE 4 "Obstruction" means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectifi- cation, bridge, conduit, culvert, building, wire, fence, rock gravel, refuse, fill structure or matter in, along across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property "Program deficiency" means a defect in a community's flood plain management regulations or administrative procedures that impairs defective implementation of those flood plain management regulations or of the standards contained in Sections 60 3, 60 4, 60 5, or 60 6 of the National Flood Insurance Program regulations "Regulatory flood" means a flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur on a particular stream The regulatory flood generally has an average frequency in the order of the one hundred (100) year recurrence interval flood determined from an analysis of floods on a particular stream and other streams in the same general region "Remedy a violation" means to bring the structure or other development into compliance with state or local flood plain management regulations, or, if this is not possible, to reduce the impact of its noncompliance Ways that impact may be reduced include protecting the structure or other effective development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial expenditure with regard to the structure or other development "Start of construction" includes substantial improvements, and, means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, replace- ment tj or other improvement was within one hundred and eighty (180J 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 pre- paration, such as clearing, grading s it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers, or founda- tions or the ary forms) lude installation eon cthe propertytion of ofof r accessorybuildingsdoes it ,lcsuch theas PAGE 5 garages or sheds not occupied as dwellings units or not part of the main structure "Structure" is anything constructed or erected, on the ground, or attached to the ground, including, but without limiting, the generality of the foregoing buildings, factories, sheds, cabins, manufactured homes, and other similar items "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored, before the damage occurred For the purposes of this definition "sub- stantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure The term does not, however,include either (a) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (b) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places Market value determination, for the purposes of the above definition, shall be made by the City Engineer by making a deter- mination of the cost of repair, reconstruction, or improvement, who may consider appraisals by the taxing district, information contained in the permit application, as well as other information that may be available to the department or other resource "Variance" is a grant of relief to a person from the require- ments of this chapter when specific enforcement would result in unnecessary hardship A variance, therefore, permits construc- tion, or development in a manner otherwise prohibited by this chapter "Violation" means the failure of a structure or the develop- ment to be fully compliant with the community's flood plain management regulations A structure or other development without the elevation certificate, or other certifications, or other evi- dence of compliance required in 44 C F R , sections 60 3 (b) (5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified), of floods of various magnitures and frequencies in the flood plains of coastal or riverine areas PAGE 6 SECTION II That Section 10 1/2-12 (f) of Article IV "Administration" of the Code of Ordinances of the City of Denton, Texas is hereby amended to read as follows Section 10 1/2-12 Duties and Responsibilities of the City Engineer (f) When base flood elevation data has not been provided in accordance with Section 10 1/2-5 the City Engineer shall obtain, review, and reasonably utilize any base flood elevation data available from any federal, state, or other source as criteria for requiring the new construc- tion, substantial improvements, or other developments in Zone A and meet the requirements of 44 C F R , section 60 3 (C) (2), 3, 5, 6, and D (3) of the National Flood Insurance Program in order to administer the provisions of Article V of this Chapter In unnumbered A Zones and Zone X, the base flood eleva- tion shall be established through an engineering study and this data shall be used for requiring the lowest floor elevation to one foot above the base flood elevation SECTION III That Section 10 1/2-12 of Article IV "Administration" of the Code of Ordinances of the City of Denton is hereby amended by adding a subsection to be numbered 10 1/2-12 (g) which said section reads as follows (g) The City Engineer shall maintain on record in the Public Works Department, the elevation of the lowest floor (including basement) of new and substantially improved structures in all special flood hazard areas SECTION IV That Section 10 1/2-14 of Article IV "Administration" of the Code of Ordinances of the City of Denton, is hereby amended by adding subsections to be numbered 10 1/2-14 (1) and (j) to the application for development permit information, which said subsections read as follows (1) for subdivisions of three or more acres or 30 lots or more, whichever is less, the base flood elevations of such subdivisions must be developed by the builder and PAGE 7 this data will be utilized to regulate development within the area (j) for areas outside identified flood hazard areas, the elevation shall be that which is required by Chapter 29-07 of the Uniform Building Code which requires a minimum six (611) elevation above adjacent ground to compensate for loss of stormwater storage or drainage areas SECTION V That Section 10 1/2-16 of Article V "Provisions for Flood Hazard Reduction" of the Code of Ordinances of the City of Denton, Texas, is hereby amended by adding two subsections, to be numbered 10 1/2-16 (g) and (h) which said subsections read as follows (g) Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding All exterior equipment shall be elevated one foot above the base flood elevation (h) For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exist of flood waters Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria (1) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided (2) The bottom of all openings shall be no higher than one foot above grade (3) Openings may be equipped with screens, louvers, or other coverings or devices provided they permit the automatic entry and exit of flood waters SECTION VI That Section 10 1/2-17 "Specific Standards" of Article V "Provisions for Flood Hazard Reduction" of the Code of Ordinances PAGE 8 of the City of Denton, Texas, shall be amended to read as follows Section 10 1/2-17 Specific Standards (a) Residential construction New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot above the base flood elevation A registered professional engineer, architect, or land surveyor shall submit a certification to the city engineer that the standard of this subsection, as proposed in section 10 1/2-14(a), is satisfied, (b) Nonresidential construction New construction or sub- stantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is water tight with walls substantially impermeable to the passage of water and with structural components having the capabil- ity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy A registered professional engineer or architect shall submit a certification to the city engineer that the standards of this subsection as proposed in section 10 1/2-14(c), are satisfied, (c) Manufactured Homes (1) All manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage For purposes of this requirement, manufactured homes must be elevated and anchored to resist floatation 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 appli- cable state and local anchoring requirements for resisting wind forces (2) All manufactured homes to be placed or substantially improved within Zone Al-30, AH, and AE shall be elevated on a permanent foundation such as the lowest floor of the manufactured home is at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation in accordance with provisions of Section 23-74 (b)(6) of the Denton City Code PAGE 9 SECTION VII Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000 00) Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above SECTION VIII That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the 1()day of1987 nwo� RAY ST I NS, AYOR CITY 0 DhNTON, TEXAS ATTEST J I t L ERS A T NSECRETARYCITON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 111,g�tl�/. L BY PAGE 10