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HomeMy WebLinkAbout1978-001NO ?JP —/ AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CREATING A NEW CHAPTER 16 ENTITLED "FLOOD DAMAGE PREVENTION", PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE WHEREAS, the legislature of the State of Texas has delegated to local governmental units the authority to adopt regulations designed to minimize flood losses, WHEREAS, much of the City of Denton is so situated that there are flood hazard areas which are subject to periodic inundation re- sulting in loss of life and property, health and safety hazards, disruption of commerce and governmental services,extraordinary public expenditures for flood protection and relief, and impair- ment of the tax base all of which adversely affect the public health, safety and general welfare, and WHEREAS, such flood losses are caused by the cumulative effect of obstructions in floodways which increases flood heights and velocities, and the occupancy of flood hazard areas by uses vulner- able to floods or hazardous to others inadequately elevated or otherwise protected from flood damages, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HERE- BY ORDAINS That the Code of Ordinances of the City of Denton, Texas, be and the same is hereby amended by creating a new Chapter 16, Arti- cle I through Article VIII to be entitled Flood Damage Prevention, which shall hereafter read as follows ARTICLE I SECTION 16 1 - STATEMENT OF PURPOSE It is the purp�se of this ordinance to promote the public health, safety and general elfare and to minimize public and private losses due to flood condithons in specific areas by provisions designed to (1) Protect human life and health, (2) Minimize (expenditure of public money for costly flood control projects, (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public, (4) Minimize prolonged business interruptions, (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in flood plains, (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 the potential buyers are notified that property is in a flood area SECTION 16 2 - METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance shall be applied, administered and enforced as follows (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 facil- ities which serve such uses, be protected against flood damage at the time of initial construction, (3) Control the alteration of natural flood plains, stream channels, and natural protective barriers, which are in- volved in the accommodation of flood waters, (4) Control filling, grading, dredging and other development which may increase flood damage, (5) Prevent or regulate the construction of flood barriers which will increase flood hazards to other lands, (6) No permit shall be issued for the construction, alteration or improvement of any property within a Floodway or Flood Plain area, unless the same shall comply with the terms hereof (7) Areas within a Flood Plain, when dedicated to public use as open space, green belts or parkways, or when permanently and irrevocably reserved as privately owned space, green- belts or parkways, shall conform to the city's plan of development Such land may be included in the computation of open space as gross density requirements of this ordin- ance ARTICLE II DEFINITIONS SECTION 16 3 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 (1) Appeal - Means a request for a review of the City Engineer's interpretation of any provision of this ordinance or a request for -2- a variance (2) 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 feet This condition occurs where a clearly defined channel does not exist, where the path of flood- ing is unpredictable and indeterminate, and where velocity flow may be evident (3) Area of Shallow Flooding Hazard - is the land in the flood plain within a community sub)ect to a one percent or greater change of flooding in any given year (4) Base Flood - means the flood having a one percent chance of being equaled or exceeded in any given year (S) Development - means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, exca- vation or drilling operations (6) Encroachment Lines - Limits of obstruction to flood flows These lines are generally parallel to the stream The lines are established by assuming that the area landward (outside) of the en- croachment lines will be ultimately developed in such a way that it will not be available to convey flood flows If hydraulic efficiency of the floodway is maintained by protecting it against unnecessary encroachments, it will be adequate to convey the regulatory flood without resulting in an increase in flood elevations of more than one (1) foot (7) Existing Mobile Home Park or Mobile Home Subdivision - means a parcel (or contigous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this ordinance -3- (8) Expansion To An Existing Mobile Home Park or Mobile Home Subdivision - means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets) (9) Flood or Flooding - means a general and temporary con- dition 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 or runoff of surface waters from any source (10) 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 (11) 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 (12) Flood Insurance Study - is the official report provided by the Federal Insurance Administration The report contains flood profiles, the water surface elevation of the base flood, as well as the Flood Hazard Boundary-Floodway Map (13) Floodway - means the channel of a stream and adjacent land areas which are required to carry and discharge the flood water of flood flows of any river or stream associated with the regulatory flood with an allowable maximum increase in water surface elevation above the regulatory flood of one (1) foot This area is designated by the symbols FW (14) Flood Plain - The area outside the floodway which is still subject to inundation by the regulatory flood This area is desig- nated by FP -4- (15) Habitable Floor - means any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or a combination thereof A floor used for storage purposes only is not a "habitable floor" (16) Mean Sea Level - means the average height of the sea for all stages of the tide (17) Minimum Building Elevation - The elevation to which uses regulated by this ordinance 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 conditions existing at the time this ordinance was passed, plus one (1) foot to allow for encroachments permitted by the estab- lishment of floodways, 1 e , minimum building elevation equals regulatory flood elevation plus one (1) foot (18) Mobile Home - means a structure, transportable in one or more sections, which is built on a permanent chassis and de- signed to be used with or without a permanent foundation when con- nected to the required utilities It does not include recreational vehicles or travel trailers (19) New Mobile Home Park or Mobile Home Subdivision - means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities either final site grading or the puring of concrete pads, and the construction of streets) is completed on or after the effective date of this ordinance (20) Obstruction - any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, 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 im- pede, retard, or change the direction of the flow of water, either -5- 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 (21) Regulatory Flood - The regulatory flood is 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 100 year re- currence interval flood determined from an analysis of floods on a particular stream and other streams in the same general region (22) Start of Construction - means the first placement con- struction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation Permanent construction does not include land preparation such as clearing, grading, and filling, nor does it include the in- stallation of streets and/or walkways, nor does it include excavation for a 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 as part of the main structure For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foun- dation For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for serving the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed (23) Structure - 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, mobile homes, and other similar items (24) Substantial Improvement - Means any repair, recon- struction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the dam- age occurred For the purposes of this definition "substantial 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 (1) 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 (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places (25) Variance - Is a grant of relief to a person from the requirements of this ordinance when specific enforcement would re- sult in unnecessary hardship A variance, therefore, permits con- struction, or development in a manner otherwise prohibited by this ordinance ARTICLE III GENERAL PROVISIONS SECTION 16 4 - LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of Denton SECTION 16 5 - BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal -7- Insurance Administration on its Flood Hazard Boundary Map (FHBM), Community No 48-0194, dated November 1, 1974, and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance Also included in this section for reference shall be the final draft report for the Flood Insurance Rate Map (FIRM) SECTION 16 6 - ESTABLISHMENT OF DEVELOPMENT PERMIT A development Permit shall be required to ensure conformance with the provisions of this ordinance SECTION 16 7 - COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations SECTION 16 8 - ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail SECTION 16 9 - INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be (1) considered as minimum requirements, (2) liberally construed in favor of the governing body, and (3) deemed neither to limit nor repeal any other powers granted under State Statutes SECTION 16 10 - 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 in- creased by man-made or natural causes This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages This ordinance shall not create liability on the part of the City of Denton or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder ARTICLE IV ADMINISTRATION SECTION 16 11 - DESIGNATION OF CITY ENGINEER The City Engineer is hereby appointed to administer and im- plement the provisions of this ordinance SECTION 16 12 - DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER Duties and responsibilities of the City Engineer 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, approve or deny all applications for development permits required by Section 16 6 of this ordinance, (3) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required, (4) 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 City Engineer shall make the necessary interpretation, (5) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished, (6) When base flood elevation data has not been provided in accordance with Section 16 5, the City Engineer shall obtain, re- view, and reasonably utilize any base flood elevation data avail- able from a Federal, State, or other source, in order to administer the provision of Article V SECTION 16 13 - ZONING MAP FLOOD AREA DESIGNATIONS (1) a The provisions of this section shall apply to all lands within the city irrespective of Zoning Dis- trict classification tel: b The flood plain areas within the jurisdiction of this ordinance are hereby divided into two dis- tricts Floodway Districts (FW) and Floodway Fringe Districts (FF) There shall be superimposed upon the official zon- ing map the Flood Plain designation, as determined by the flood insurance study and report hereinabove defined The outer boundary of Floodway Fringe District at any point shall correspond to the elevation of a minimum building elevation, less one foot of said point Minimum building elevation shall be the governing factor in locating the outer district boundary on the zoning map and on the ground The inner boundary corresponds to the boundary of the Floodway district The boundary of a Floodway District shall correspond to the Floodway encroachment lines Boundaries of a Floodway District shall be determined by scaling distances on the official zoning map On the ground the Floodway encroachment line shall be located by measuring distances perpendicular from the Floodway center line In cases where Floodway encroachment lines have not been delineated, the area below the minimum building elevation shall be designated in the Floodway Dis- trict until said encroachment lines can be determined Where interpretation is necessary as to the exact location of the boundaries of the Flood Plain Dis- trict as shown on the Official Zoning Map the City Engineer shall be consulted for guidance and direction in determining the location in question Interpretation beyond this point shall be made by the Board of Adjust- ment after hearing testimony from all interested parties (2) FLOODWAY DISTRICT USES No use of land shall be permitted in a Floodway District unless a. The same is permitted within the zoning district in which it is situated, b Such use is not prohibited by any other ordinance, and c The same does not require structures, fill or the storage of materials or equipment, provided, however, that the following uses, when otherwise permitted within the zoning district in which the same are situated, shall be permitted upon application to the City Engineer for a development permit as provided in Section 16 14 of this ordinance, upon proof of compliance with this ordinance 1 Accessory uses or structures 2 Circuses, carnivals and similar transient outdoor amusement enterprises -10- 3 Marinas, boat rentals, docks, piers, and wharfs 4 Railroads, streets, bridges, utility transmission lines and pipelines 5 Other uses, similar in nature, which are consistent with the provisions of this ordinance (3) FLOOD FRINGE DISTRICT USES No use of land shall be permitted in a Flood Fringe Dis- tract unless a The same is permitted within the zoning district in which it is situated, b Such use is not prohibited by any other ordinance, and c The same does not require structures, fill or the storage of materials or equipment, other than the following uses 1 Any use permitted in this section 2 Any other non-structural use, provided that the same is elevated above the minimum building elevation and that a determination has first been made by the City Engineer that such use will not unduly restrict the capacity of the channels or floodway of tributaries to the main stream, drainage ditches, or any other drainage facilities or systems 3 Structures constructed on fill, provided the first floor or basement floor is above the minimum building elevation Such fill shall be made to an elevation no lower than one (1) foot below the regulatory flood protection elevation for the particular area and shall be extended horizontally at such elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon 4 The following uses and structures shall be permitted only upon issuance of a Development Permit by the Board of Adjustment as provided in the following section, Permit Procedures, of this ordinance and subject to the following provisions 1 Non-residential structures, if adequately flood -proofed as approved by the City Engineer to a point above the regulatory flood protection elevation si Uses listed in Section 16 13 hereof and other similar uses which will not be sub- ject to substantial flood damage and which will not cause flood losses on other lands or to the public These may include uses which can be readily removed from flood hazard areas during the times of flood The Board may in the Development Permit -11- allow such uses to be located at an ele- vation below the regulatory flood pro- tection elevation SECTION 16 14 - PERMIT PROCEDURES (1) Application for a Development Permit shall be presented to the City Engineer on forms furnished by him and may include, but not be limited to, plans in triplicate drawn to scale show- ing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, 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 proposed structures as certified by a registered professional engineer or registered public surveyor, b Elevation in relation to mean sea level to which any non-residential structure shall be flood proofed, c A certificate from a registered professional engineer or architect that the non-residential flood proofed structure shall meet the flood proofing criteria of Section 16 17(2), d Description of the extent to which any watercourse or natural drainage will be altered or relocated as a re- sult of proposed development e Typical valley cross -sections showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross -sectional areas to be occupied by the proposed development and high water information f Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill or storage ele- vations, size, location and special arrangement of all proposed and existing structures on the site, lo- cation and elevations or streets, water supply, sani- tary facilities, photographs showing existing land uses and vegetation upstream and downstream, soil types and other pertinent information g Profile showing the slope of the bottom of the channel or flow line of the stream h Specifications for building construction and materials flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities (2) Approval or denial of a Development Permit by the City Engineer shall be based on all of the provisions of this ordinance and the following relevant factors a The danger to life and property due to flooding or erosion damage, -12- b The susceptibility of the proposed facility and its contents to flood damage and the effect of such dam- age on the individual owner, c The danger that materials may be swept onto other lands to the injury of others, 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 after flood conditions including maintenance and re- pair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical, and water systems g The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site, 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 compre- hensive plan for that area SECTION 16 15 - VARIANCE PROCEDURES (1) The Board of Adjustment as established by the Denton City Council shall hear and render judgment on requests for variance from the requirements of this ordinance (2) The Board of Adjustment shall hear and render judgment on an appeal only when it is alledged there is an error in any requirement, decision, or determination made by the City Engineer in the enforcement or administration of this ordinance (3) Any person or persons aggrieved by the decision of the Board of Adjustment may appeal such decision in the courts of competent jurisdiction (4) The City Engineer shall maintain a record of all actions involving an appeal and shall report variances to the Federal In- surance Administration upon request (5) Variances may be issued for the reconstruction, rehabili- tation, or restoration of structures listed on the National Register of Historic Places of the State Inventory of Historic Places, with- -13- out regard to the procedures set forth in the remainder of this section (6) Generally, 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, pro- viding the relevant factors in Section 16 13(3) have been fully considered As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases (7) Upon consideration of the factors noted above and the intent of this ordinance, the Board of Adjustment may attach such conditions to the granting or variances as it deems necessary to further the purpose and objectives of this ordinance which may include a Modification of waste disposal and water supply facilities, b Limitations on periods of use and operation, c Imposition of operational controls, sureties and deed restrictions, d Requirements for construction of channel modifications, dikes, levees and other protective measures, e Flood proofing measures, as described in the Flood Section 16 17 (2) f No structure (temporary or permanent), fill, including fill for roads and levees, deposit, obstruction, storage of materials or equipment, or other uses shall be per- mitted which, acting alone or in combination with exist- ing or future uses, unduly effects the efficiency or the capacity of the floodway or unduly increases flood heights above the minimum building elevation Conside- ration of the effects of a proposed use shall be based on a reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream (8) Variances shall not be issued within any designated flood - way if any increase in flood levels during the base flood discharge would result (9) Prerequisites for Granting Variances a Variances shall only be issued upon a determination that the variance is the minimum necessary, consider- ing the flood hazard, to afford relief -14- be b Variances shall only be issued upon (1) a showing of good and sufficient cause, (2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (3) a determination that the granting of a variance will not result in increased flood heights, addi- tional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances c Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation no more than two (2) feet 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 (10) Additional factors for consideration by the Board shall a The danger to life and property due to increased flood heights or velocities caused by encroachments b The danger that materials may be swept on to other lands or downstream to the in3ury of others c The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions d The susceptability of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner e The importance of the services provided by the pro- posed facility to the community f The requirements of the facility for a waterfront location g The availability of alternative locations not sub- ject to flooding for the proposed use h The compatibility of the proposed use with existing development and development anticipated in the fore- seeable future 1 The relationship of the proposed use to the compre- hensive plan and flood plain management program for the area 3 The safety of access to the property in times of flooding or for ordinary emergency vehicles k The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site 1 Such other factors which are relevant to the pur- pose of this ordinance -is- ARTICLE V PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION 16 16 - GENERAL STANDARDS In all areas of special flood hazards the following provisions are required (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure, (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 and utility equipment resistant to flood damage, (4) All new and replacement water supply systems shall be de- signed to minimize or eliminate infiltration of flood waters into the system, (5) New and replacement sanitary sewage systems shall be de- signed to minimize or eliminate infiltration or flood waters into the system and discharges from the systems into flood waters, and, (6) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding SECTION 16 17 - SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 16 5, Section 16 12 (6), or Section 16 18(3) the following provisions are required (1) Residential Construction - New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot (1) above the base flood ele- vation A registered professional engineer, architect, or land sur- veyor shall submit a certification to the City Engineer that the standard of this subsection, as proposed in Section 16 14(1)(a), is satisfied (2) Non-residential Construction - New Construction or sub- -16- stantial improvement of any commercial, industrial or other non- residential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, to- gether with attendent utility and sanitary facilities, be flood proofed 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 capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy A re- gistered professional engineer or architect shall submit a certi- fication to the City Engineer that the standards of this subsection as proposed in Section 16 14(1)(c), are satisfied (3) Mobile Homes a No mobile homes shall be placed in a floodway, or if applicable, a coastal high hazard area, except in an existing mobile home park or existing mobile home subdivision b All mobile homes shall be anchored to resist flotation, collapse, or lateral movement Specific requirements shall be (1) over -the -top ties at each of the four corners of the mobile home, with two additional ties per side at intermediate locations and mobile homes less than 50 feet long requiring one additional tie per side, (ii) frame ties at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side, (111) all components of the anchoring system be capable of carrying a force of 4,800 pounds, (iv) any additions to the mobile home be similarly anchored c For new mobile home parks and subdivisions, for ex- pansions to existing mobile home parks and subdivisions, for exist- ing mobile home parks and subdivisions where the repair, recon- struction or improvement of the streets, utilities and pads equals or exceeds 50 percent of value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, and for mobile homes not placed in a mobile home park or subdivision -17- require (i) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level A registered professional engineer, architect, or land surveyor shall submit a certificate to the City Engineer that the stan- dard of this paragraph complies with Section 16 17(1) of this Article (11) adequate surface drainage and access for a hauler are provided, and (ui) in the instance of elevation on pilings (1) lots are large enough to permit steps, (2) piling foundations are placed in stable soil no more than ten feet apart, and (3) rein- forcement is provided for pilings more than six feet above the ground level (4) Floodways Floodways located within areas of special flood hazard established in Section 16 5 are areas designated as floodways Since the floodway is an extremely hazardous area due to the veloc- ity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply a Encroachments are prohibited, including fill, new con- struction, substantial improvements and other developments unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurence of the base flood discharge b If Section 16 17 (4)(a) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5 c Prohibit the placement of any mobile homes, except in an existing mobile home park or subdivision SECTION 16 18 - STANDARDS FOR SUBDIVISION PROPOSALS (1) All subdivision proposals shall be consistent with Section 16 20 16 3 and 16 4 of this ordinance (2) All proposals for the development of subdivisions shall meet Development Permit requirements of Section 16 6, Section 16 14 and the provisions of Article 5 of this ordinance (3) Base flood elevation data shall be generated for subdivi- sion proposals and other proposed development which is greater than the lesser of 20 lots or 3 acres, if not otherwise provided pur- suant to Section 16 5, or Section 16 12(6) of this ordinance (4) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards or as outlined in the storm sewer ordinance of the City of Denton (5) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage (6) The final plat for a subdivision shall have the base flood contour line, the floodway contour line and the proposed limit of fill contour line shown for the record SECTION 16 19 - STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES) Located within the areas of special flood hazard established in Section 16 5 are areas designated as shallow flooding These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate, therefore, the following provisions apply (1) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the community's FIRM (2) All new construction and substantial improvements of non-residential structures shall (1) Have the lowest floor, including basement, ele- vated above the crown of the nearest street or above the depth number specified on the FIRM, or (11) Together with attendant utility and sanitary facilities be completely flood proofed to or about that level so that any space below that level is water tight with walls substantially impermeable to the passage of water and with structural com- ponents having the capability of resisting hydro- static and hydrodynamic loads and effects of buoyancy (3) A registered professional engineer or architect shall submit a certification to the City Engineer that the standards of -19-