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1997-056c \WPDOCS\ORD\AMDFLOOD ORD ORDINANCE NO ~-- ~)~7~ AN ORDINANCE AMENDING SECTIONS 30-5, 30-32 AND 30-53 OF CHAPTER 30 TITLED "FLOOD PREVENTION AND PROTECTION" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO REVISE THE BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD AND TO REVISE THE FLOOD PROTECTION STANDARDS FOR NONRESIDENTIAL CONSTRUCTION, PROVIDING FOR A SEVERABILITY CAUSE, PROVIDING FOR A PENALTY NOT TO EXCEED $2,000; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That Section 30-5, "Basis for establishing the areas of special flood hazard," of the Code of Ordinances of the City of Denton, Texas ls hereby amended to read as follows Beo. 30-5. Basis for establishing the areas of speoxal flood hasard. The areas of special flood hazard identified by the Federal Emergency Management Agency on the flood insur- ance rate map (FIRM) and the flood boundary/floodway map, Community No 480194, dated April 2, 1997, and any subsequent revisions thereto are hereby adopted by reference and declared to be a part of this chapter (Code 1966, § 10 ½-5) ~ That subsection (6) of Sect~on 30-32, "Duties and responsibilities of the city engineer," of the Code of Ordinances of the City of Denton, Texas ~s hereby amended to read as follows, all portions of said section not specifically amended herein are to remain unchanged' Seo. 30-32. Duties and responsibilities of the city engineer. [subsections (1) through (5) unchanged] (6) When base flood elevation data has not been provided in accordance with section 30-5, the city engineer shall obtain, review and reason- ably utilize any base flood elevation data available from any federal, state or other source as criteria for requiring the new construction, substantial improvements or other developments in zone A and meet the requirements of 44 C.F R. 60 3 subsections (c) (2), (C) (3), (c) (5) , (C) (6) and (D) (3) of the National Flood Insurance Program in order to administer the provisions of article III of this chapter In unnumbered A zones and zone X, the base flood elevation shall be estab- lished through an engineering study, and this data shall be used for requiring the lowest floor elevation to be 18 inches above the encroached base flood elevation [subsection (7) to remain unchanged] SECTION III. That subsection (b) of Section 30-53, "Specific standards," of the Code of Ordinances of the City of Denton, Texas is hereby amended to read as follows, all portions of said section not specifically amended herein are to remain unchanged Bec. 30-53. Specific standards. [subsection (a) to remain unchanged] (b) Nonresidential constructlon New construction or substantial improvement of a commercial, industrial or other nonresidential structure shall have the lowest floor, includ- ing any basement, elevated eighteen (18) inches above the one-hundred-year water sur- face elevation based on encroached stream conditions as shown in the appropriate flood insurance study, or this construction, togeth- er with attendant utility and sanitary facili- ties, shall be floodproofed so that the struc- ture is watertight to 18" above the encroached base flood level with walls substantially impermeable to the passage of water and struc- tural components have the capability of re- sisting hydrostatic and hydrodynamic loads and the effects of buoyancy. If the flood insur- ance study does not include the property, the required one-hundred-year water surface eleva- tions shall be based on ultimate development watershed conditions A registered profes- sional engineer, architect or land surveyor shall submit a certification to the city engineer, in accordance with section 30- 34(a) (1), that the requirements of this sub- section are met. [subsection (c) to remain unchanged] SECTION IV. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity SECTION V That any person who shall v~olate any provision of th~s ordinance, or who shall fall to comply therewith or with any PAGE 2 of the requirements thereof, or with any permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a flne as set forth in Section 1-12 of the Code of Ordinances of the City of Denton, Texas not to exceed $2,000 for each violation Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any v~olatlon of this ordinance ls committed, or continued, and upon conviction of any such v~olatlons such person shall be punished w~thln the limits above. SECTION VI That this ordinance shall become effective on Aprll 2, 1997, a date at least fourteen (14) days after the date of its passage, and the Clty Secretary is hereby d~rected to cause the caption of th~s ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, wlthln ten (10) days of the date of its passage PASSED AND APPROVED thls the ~ day of ~ , 1997 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY' APPROVED AS TO LEGAL FORM. HERBERT L. PROUTY, CITY ATTORNEY PAGE 3