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1990-058AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE 4.15 OF CHAPTER IV OF ARTICLE III OF APPENDIX A OF THE CODE OF ORDINANCES TO PROVIDE FOR AMENDED DRAINAGE REQUIREMENTS AND DESIGN STANDARDS; AMENDING SECTION 10 1/2-17 (FLOOD DAMAGE PREVENTION) OF THE CODE OF ORDINANCES RELATING TO FLOOR ELEVATIONS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY IN THE AMOUNT OF $500.00 FOR VIOLATIONS THEREOF OCCURRING WITHIN THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has found that revisions of the Denton Development Code are needed to provide for more under- standable, effective, and efficient land development requirements and regulations; and WHEREAS, the City of Denton has undertaken a program to revise and implement the new and amended land development regulations and requirements; and WHEREAS, the revised regulations applicable to drainage requirements and design standards have been completed; and WHEREAS, a public hearing on the amended drainage requirements and design standards has been held in compliance with the provisions of the Local Government Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That article 4.15 of Chapter IV of Article III of Appendix A of the Code of Ordinances is amended to read as follows: DIVISION V. DRAINAGE REQUIREMENTS AND DESIGN STANDARDS Article 4.15. All developments shall provide the drainage facilities and improvements to serve the development in accordance with the following requirements and design standards. A. PURPOSE. The following standards and requirements are adopted for the following purposes: 1. To protect human life, health and property; 2. To minimize the expenditure of public monies for costly flood control projects; 3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. To minimize prolonged business interruptions; 5. To minimize damage to public facilities and utilities located in floodplains; 6. To provide for the sound use and development of all areas in such a manner as to minimize future flood blight areas; 7. To retain natural floodplains in a condition that minimizes interference with flood water conveyance, flood water storage, aquatic and terrestrial ecosystems, and ground and surface water; 8. To minimize erosion and sedimentation problems and enhance water quality; and 9. To minimize future operational and maintenance expenses. B. DEFINITIONS. In addition to the words herein defined, the words defined in the Drainage Manual shall apply to any word used herein which is not otherwise defined. Access Ramp. A route used to provide entry for vehicles and machinery into a channel. Access Road. A route parallel to and at the top of the bank of a channel used to allow maintenance of channels from the top of bank. Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year. Also known as the 100- 2 year flood. Channel. An open conduit in which water flows with a free surface. Conduit. Any open or closed device for conveying flowing water. Drainage Area or Basin. The land area upon which all rainfall that falls on that area is directed towards or flows to a given point or stream. Drainaqe Facilities or System. One or more conduits, channels, ditches, swales, pipes, detention devices, or any other device, work, or improvement, natural or man-made, which is used, designed, or intended to be used to carry, direct, detain, or otherwise control storm water. Drainage Manual. The Denton Drainage Design Manual as adopted by this Division. Detention. The storage of storm runoff for a controlled release during or immediately following the design storm. Regional detention refers to storage of storm runoff from an entire drainage area or basin. Flood Hazard Boundary Map (FHBM). 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. Flood Insurance Rate Map (FIRM). 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. The official report provided by the Federal Insurance Administration containing flood profiles, the water surface elevation of the base flood, and the flood hazard boundary map. Floodplain. The area designated as subject to flooding from the base flood (100-year flood) on the Flood Insurance Rate Map. The floodplain includes the floodway. Floodway. A river, channel 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. 3 Normally, the floodway will include the stream channel and that portion of the adjacent land areas required to pass the base flood (100-year flood) discharge without cumulatively increasing the water surface elevation at any point more than one (1) foot above that of the pre-floodway condition, including those designated on the Flood Insurance Rate Map. Floodway Frinqe. The area located within the floodplain and outside the floodway. Freeboard. The vertical distance between the design water surface level and the top of an open conduit left to allow for wave action, floating debris, or any other condition or emergency without overtopping the structure. Grade. (1) The inclination or slope of a conduit, channel, or natural ground surface, usually expressed in terms of the percentage of number of units of vertical rise (or fall) per unit of horizontal distance; (2) the elevation of the invert of the bottom of a conduit, canal, culvert, sewer, etc; or (3) the finished surface of a canal bed, road bed, top of an embankment, or bottom of excavation. Hydrograph. A graph showing stage, flow, velocity or other property of water versus time at a given point on a stream or conduit. Inlet. An opening into a storm drain system for the entrance of surface storm runoff. Time of Concentration. The estimated time in minutes required for storm water runoff to flow from the most hydraulically remote section of the drainage area to a specific design point. Inverted Crown Section. A street cross section usually reserved for alleys in which the center of the street is lower than the edges so that drainage is carried down the center of the street. Lane. A driving surface of a street with a width as specified in the street design standards for that class of street. Local Drainage System. Any drainage facility or system which serves an area have a contributing drainage basin of less than one (1) square mile in area. Off-site. Located outside the boundary of a development. On-site. Located within the boundary of a development. Pilot Channel. A concrete channel section used to convey normal low flows, fix the location of the flow line of a channel, minimize erosion, and provide access for maintenance. Pipe. A closed conduit through which water flows. Spread Limits. The width of pavement covered by water based on a flood of a certain frequency (10-year, 100-year flood). Street Crown. The highest point of a street cross section, normally located at the center line of the street. Tailwater. The water surface elevation directly downstream of a drainage facility. C. GENERAL DRAINAGE REQUIREMENTS. 1. Drainaqe Improvements Required. All developments shall provide for any new drainage facilities, the improvement of any existing drainage facilities, channel improve- ments or grading, driveway adjustments, culvert improve- ments, or any other improvement, drainage facility, or work which is necessary to provide for the storm water drainage needs of the development, in accordance with the requirements and design standards of this division, including, but not limited to any drainage facilities, improvements, or other work which is necessary: a. To provide for the conveyance of all storm water from the development when fully developed, to an adequate discharge point. b. To fulfill any purpose for which these requirements are imposed. c. To adequately protect the development from flooding, including the effects of the 100-year flood. d. To properly control any increase in the upstream or downstream stage, concentration, or watersurface elevation caused by the development. e. To provide for the conveyance of existing storm drainage flowing through the development. 2. Off-Site Drainaqe. Off-site drainage facilities and improvements shall be provided by the development whenever additional storm water runoff from the develop- ment would adversely affect any off-site property or would overload an existing drainage facility, whether natural or man-made. Where storm water runoff from three or more acres has been collected or concentrated to one point, it shall not be discharged onto adjacent properties, except into existing creeks, channels, or storm drains, unless drainage or flowage easements are obtained for those properties. If the developer cannot obtain the necessary easements to make required off-site drainage improvements, upon the request of the developer after compliance with the provisions of this Code, the City may bring condemnation proceedings to obtain the offsite drainage easements. 3. Permeable Area Storm Water Control. Any development may provide for storm water runoff by reserving a sufficient amount of land within the development for landscaping, green space, or other permeable areas, excluding detention facilities, if sufficient to alleviate the need for particular drainage facilities or improvements. The city Engineer may require the submission of any drainage computations necessary to determine that the permeable areas reserved are adequate in size, design, or location so as not to require particular drainage facilities or improvements. If a plat is approved on that basis, the permeable areas proposed to be reserved shall be shown on the plat or otherwise referenced by the plat, in the manner specified by the City Engineer. No building, structures, or other impermeable improve- ments shall be constructed or installed in the permeable areas so designated on the final plat. 4. Detention Facilities. Publicly dedicated detention facilities may be used to reduce peak discharges where conditions prevent conveying storm water to an adequate discharge point or studies show that off-site structural facilities will not mitigate hydraulic effects more efficiently. On-site detention facilities shall be a minimum size of one acre. All detention facilities shall comply with the design criteria of this Division. A development may provide for drainage by participating in the design and construction of a regional detention facility. Detailed engineering studies of the entire basin shall be required to insure that the timing of peak flows has not been altered to create higher peak flow elsewhere in the basin. Detention facilities may 6 be constructed in phases, if phased so as to provide for the timely needs of the development. 5. Floodplains. Where these regulations would require a development to make any drainage improvements in or adjacent to a floodplain in order to provide for the ultimate base flood, the development may, in lieu of making the required improvements, restrict development in the area that would be subject to flooding by the ultimate base flood because of the failure to provide for the drainage improvements. In such cases the area to be left undeveloped shall be dedicated to the public as a drainage easement on the final plat. 6. Floodway Frinqe Areas. Where any development would fill a floodway fringe area where the floodway has not been designated on the Flood Hazard Boundary Map, the necessary engineering studies to show the limits of the floodway shall be submitted. If the floodway fringe area is not proposed to be filled, the area within the floodplain which will be necessary to provide for the drainage needs of the development shall be dedicated to the public as a drainage easement on the final plat. 7. Floodways and Improvements. a. Generally, floodways serving drainage areas larger than one square mile in area and which are still functioning primarily in a natural and adequate state shall not be altered or improved to provide for the drainage needs of a development, unless there is no other reasonable means of method to provide for such drainage. b. As part of the required improvements, all debris, small brush, vines, and other obstructions shall be cleared once from that portion of any channel located within or on the perimeter of the develop- ment as directed by the City Engineer, prior to the connection of any utilities for any building within a development. A development may also be required to provide clearing of off-site floodways to the extent necessary to adequately receive or convey storm water runoff from the development, based on the roughness coefficient approved during the design process for the final plat. c. Developments discharging storm water runoff into a floodway shall provide supplemental vegetation, on 7 and off-site, when necessary to preserve or restore any disruption to the natural state. The vegeta- tion planted shall be coastal bermuda grass or similar vegetation proposed by the developer and approved by the City Engineer. The vegetation requirement shall apply to any portion of any floodway, on-site or off-site, which would be affected by runoff from the development. d. Any approvals necessary for completion or occupancy of the development may be withheld, including utility connections and Certificates of Occupancy, unless and until the clearance and vegetation requirements for floodways are satisfied. 8. Site Erosion Control. To minimize erosion resulting from the removal of vegetation and to reduce the introduction of erosion materials into the storm drainage systems, all developments and any person undertaking any development activity shall make use of erosion and sediment control devices in accordance with the recommendations of the Drainage Manual, as directed by the City Engineer. The erosion and sediment control devices shall be installed and thereafter maintained until sufficient vegetation cover has been provided or been replaced to control erosion and sediment, as directed by the city Engineer. 9. Payment in Lieu of Improvements. Any development required to provide drainage facilities or improvements in accordance with this Code may elect to pay to the City the total construction cost of the required facilities or improvements, excluding engineering and design cost, when: a. The city's approved Capital Improvement Plan proposes to provide, within two years of the date the required improvements are to be undertaken, for the same or similar drainage improvements that would make the drainage improvements required by the development unnecessary, and b. Failure to provide the drainage improvements at the time of development would not adversely affect the development or any off-site properties, as determined by the City Engineer. The payment herein allowed shall be made prior to beginning any construction of the development. If the money paid to the City is not used for the required improvements within five years of payment, the funds shall be returned to the person making the payment. D. GENERAL DESIGN STANDARDS. 1. Drainage Manual Adopted. The city of Denton Drainaqe Design criteria (1990), a copy of which is on file with the city Engineer, is adopted by reference as a part of the regulations and standards of this Code. In addition to meeting the requirements expressly set out in this Code, all drainage systems shall comply with the design standards and requirements contained in the latest edition of the Drainage Criteria adopted by ordinance. Where there is any conflict between a provision set forth in this Code and a provision of the Drainage Criteria, the provision of this Code shall apply. 2. Drainaqe Computation Data. Design standards for drain- age facilities and improvements shall be based on hydraulic and hydrologic computation data submitted and approved by the city Engineer prior to submission of the final plat to the Commission. The city Engineer may specify the form and manner in which the necessary data is to be submitted. 3. Separation of Storm Water and Sanitary Sewer Systems. Storm water and sanitary sewer systems are intended to be used and maintained as separate systems. Drainage facilities shall be designed so as not to connect, direct, or allow storm water, whether by pool backwash or otherwise, into the sanitary sewer system. 4. Street Access Crossing Channels. No development shall be designed to access a public street across a channel without providing adequate clearance for the channel under design storm conditions as required by the Drainage Manual. Bridges crossing channels serving drainage areas greater than one (1) square mile in area shall have one foot of freeboard between the design water surface and the lowest beam of the bridge. Bridges crossing channels serving drainage areas less than one (1) square mile in area shall have one foot of freeboard between the design water surface and the lowest top of road elevation of the bridge. 5. Channel Requirements. Channel regulations and improvement requirements shall be based on the amount and concentration of the storm water runoff from the development. All developments shall provide for the permanent improvement and modification of existing drainage channels as necessary to serve the development, subject to and in accordance with the following: a. Channels which serve as floodways serving drainage basins larger than one square mile shall be maintained in a natural state as provided for in these regulations. Undeveloped branches of natural channels and creeks of local drainage systems may be allowed to remain in a natural state if maintenance and hydraulic considerations do not require improvements. b. Channels of local drainage systems serving a development shall be fully lined with concrete to a level at least one foot above the water surface resulting from the 25-year frequency storm. c. If a development provides for the reservation of permeable areas as provided for in this Division so that a fully lined channel is not necessary to adequately convey storm water runoff, the channel shall be provided with a concrete pilot channel meeting the specifications of the Drainage Manual. d. The minimum grade allowed on an outfall channel or ditch shall be 0.3 foot per 100 feet for concrete lined channels and 0.5 foot per 100 feet for grass lined channels. e. Improved channels shall have one (1) foot of freeboard above the 100-year flood. f. The design for all open channels shall be based on geotechnical investigations, unless determined to be unnecessary by the City Engineer. 6. Channel Access Roads and Ramps. Any development which makes use of any channel within or on the perimeter of the development to provide for storm water runoff may be required to provide adequate access roads and ramps for the channel for maintenance purposes as follows: 10 a. For all channels serving drainage basins larger than one square mile, access ramps shall be provided where the channel intersects any public roadway. b. For all improved, unlined channels serving basins less than one square mile, access to channels shall be provided by one of the following methods, as approved by the City Engineer: (1) By constructing a flexible base road or equivalent. (2) By providing a combination of the bottom access and an access road on one side of the channel, if the depth of the channel will allow maintenance from the access road. (3) For channels exceeding a depth of four feet (4') and 4: 1 side slopes, an access road shall be provided on both sides of the channel where none of the other methods would be sufficient to provide for main- tenance of the channel. c. To insure adequate access, all lined and pilot channels shall have a minimum bottom width of ten (10) feet and shall be provided with access ramps located as directed by the city Engineer. Access ramps shall not be less than twelve (12) feet wide, with a minimum cross grade of 6:1. All access roads shall be located within a dedicated easement of the size required by this Division. 7. Major Drainaqe Systems. Major drainage systems are intended to provide for conveyance of major flooding and usually consist of channels, detention reservoirs, street rights-of-way and overflow swales. Major drain- age systems shall be designed to convey the 100-year flood and may be planned as an integral, useable part of a development. 8. Minor Drainaqe Systems. Minor drainage systems are intended to provide for conveyance of nuisance type flooding and usually consist of streets, storm drain inlets and pipes. Minor drainage systems shall be designed to convey the 10-year frequency flood. Addi- tional capacity requirements may be required where there are flow width restrictions or other special conditions. 11 9. Maximum and Minimum Times of Concentration. Drainage systems for all developments shall be designed so as to comply with the minimum and maximum time of concentra- tion for the proposed land use, as specified in the Drainage Manual. In cases where it is evident, as determined by the city Engineer, that the actual time of concentration is less than the minimum specified in the Drainage Manual, a shorter time of concentration may be required. 10. Tailwater Considerations. Proposed storm drains may discharge into existing watercourses shown on the current Flood Insurance Rate Map. The tailwater eleva- tion used in hydraulic calculations of the proposed storm drain system shall consider the water surface elevation of the watercourse for the same design fre- quency as the storm drain system. All storm drainage systems shall be designed in reference to the water- course flood elevation at the time the storm drainage discharges into the watercourse, except when the watercourse into which the storm drain discharges is located outside Zone X of the Flood Insurance Rate Map, the tailwater elevation of the proposed storm drain system shall be the water surface elevation of the watercourse when its peak discharge occurs. 11. Lot Drainaqe. Generally, each lot shall be designed or graded to direct storm water into an abutting street, alley, channel, or inlet. If drainage is provided in the rear of any lot by an alley or closed storm drainage system consisting of inlets and pipes, the alley or drainage system shall be designed for the 100-year flood. Where it is not practical to provide abutting drainage facilities for each lot, drainage facilities shall generally be required whenever the storm water runoff from more than two lots used for one or two- family dwellings is directed across a third residential lot, or whenever the facilities are necessary to avoid an adverse effect on any other lot. It shall be unlawful for any person to fill, modify, or otherwise obstruct any public drainage easement designed or used as an overflow channel or structure. E. DESIGN CRITERIA. 1. Desiqn Flood Frequencies. The following listed facilities shall be designed to handle the flood frequencies indicated: 12 Facility Flood Frequency (years) Street Capacity and Enclosed Pipe System (if needed) 10 Driveway Culverts and Roadside Ditches 25 Street Right-of-Way 100 Improved Channels 100 Culverts 100 Bridges 100 Floodways 100 2. Street Drainaqe Requirements. a. The permissible water spreads for streets are based on the 10-year flood. All streets shall be capable of conveying a 100-year flood without water exceeding the right-of-way limits. The spread limits listed below shall apply to the following streets and facilities: Permissible Water Spread - 10-Year Flood Arterial Street (divided/undivided) 1 lane open in each direction. Collector Street 1 lane open Local/Residential Street Top of Curb b. The allowable drainage flow across street intersections for the 10-year flood shall be as follows: Street Classification Cross Flow Arterial (divided and undivided) None Collector None Local/Residential: Inlets at intersection 10% of inlet capacity. No inlets at intersection Gutter flow of 4" or less. 13 c. Inverted crown sections are permitted only in alleys. d. Street crowns shall be reduced for approximately one hundred (100') feet on each side of valleys, and only one valley crossing for each street shall be used at an intersection. e. For streets with culverts or bridges, an emergency overflow shall be provided to contain the 100-year flood without encroaching into an area in which a building could be constructed. Water shall not encroach on the building side of the building setback line. 3. Pipe System Requirements. a. Storm drain systems capable of conveying the 10-year frequency flood are required when water spread and intersection cross flow limits are exceeded. Closed pipe systems shall be required for discharges up to and including the equivalent flow of a 48-inch pipe, unless the grade of the natural ground is less than 0.5%, then an enclosed pipe system shall be required for discharges up to and including 100 c.f.s. b. The minimum velocity with the pipe flowing full shall be three (3) feet per second. c. The minimum storm drain pipe diameter shall be eighteen (18) inches. d. Pipe diameters shall not normally decrease downstream. e. Pipe soffits at changes in pipe sizes should be set at the same elevation. f. Vertical curves in the conduit will not be permitted, and horizontal curves will be permitted only with the approval of the City Engineer. g. Manholes shall be placed at the connection of two (2) or more laterals, at pipe junctions having pipe sizes greater than twenty-four (24") inches, at alignment changes and at the beginning of the storm drain system. Maximum manhole spacing shall be as follows: 14 Pipe Size Maximum Spacinq (inches) (feet) 18 - 36 600 42 - 60 1,000 Larger than 60 No limit 4. Driveway Culverts. All driveway culvert construction shall be inspected by the city during construction and shall meet the following requirements: a. Culverts shall be of sufficient size to carry the expected water flow within the channel; be made of approved classes of reinforced concrete pipe (RCP) or corrugated metal pipe (CMP); and shall be jointed together properly by materials approved by the City Engineer. b. The safety standards for ends to driveway culverts adopted by the Texas Department of Highways and Public Transportation (TDH&PT), as amended, on file in the office of the City Engineer, are hereby adopted by reference to the following extent: (1) Culverts of twenty-one (21) inches in size or larger shall have 6:1 safety end sections. The ground around the end section shall have a grade of 6:1. (2) Culverts less than twenty-one (21") inches in size shall have Type B end sections (Texas Highway Department Drawing CH-11). Type B headwalls and guardrails may be used for pipes larger than twenty-one (21") inches, when approved by the City Engineer. (3) Culverts of thirty (30") inches or less do not require safety pipe runners. Culverts above thirty (30") inches shall meet THD & PT standards. 5. Detention Ponds. All detention ponds shall be in compliance with any applicable design requirements of any State or Federal law or regulations, as amended, including the regulations of the Texas Water Commission, or its successor agency. The following requirements and design standards shall apply to detention ponds to the extent they do not conflict with any applicable Federal or State laws or regulations, as amended: 15 a. The 100-year flood shall be used to determine the volume of detention storage required. Detention facilities shall be designed so that any additional runoff generated by the proposed development will not increase the amount of original discharge for storm frequencies from the 5-year to the 100-year flood. b. The Modified Rational Method shall be used to construct runoff hydrographs for detention storage design when the contributing drainage area is 200 acres or less. The procedures outlined in Soil Conservation Service Technical Release No. 20 (TR- 20), or in the Corps of Engineers Flood Hydrograph Package (HEC-1), shall be used to determine runoff hydrographs for detention storage design when the contributing drainage area exceeds 200 acres. The City Engineer may approve the use of other methods for runoff hydrographs when appropriate. c. An emergency spillway or overflow area shall be provided at the maximum 100-year pool level and shall be capable of conveying discharges as required by the regulations of the Texas Water Commission, or its successor agency. The spillway shall be constructed of concrete, unless alternative materials are approved by the City Engineer. d. Any outflow structure which conveys water through the embankment in a conduit shall be reinforced concrete designed to support the external loads. The conduit shall withstand the internal hydraulic pressure without leakage under full external load or settlement and must convey water at the design velocity without damage to the interior surface of the conduit. e. The outflow structure of a detention basin discharging water into any natural stream or unlined channel shall discharge at a non-erosive rate, unless approved erosion protection is provided in accordance with the Drainage Manual. f. Detention basins resulting from excavation shall provide positive drainage in accordance with the Drainage Manual. The side grade for any excavated detention basin, which is not in rock, shall not exceed 4:1. 16 g. Earthen embankments used for water impoundments must be constructed according to specifications for fill material and be designed based upon geotechnical investigations of the site. The minimum crown width of the embankment shall be twelve (12) feet. h. Detention basins shall be designed with adequate ingress and egress to allow for regular maintenance, including periodic desilting and debris removal. Detention basins designed for permanent water storage must include dewatering facilities to allow for maintenance. Detention basins designed to serve drainage areas of 320 acres or more must include a desilting basin in the upstream pool area. i. Security fencing of a minimum height of six (6') feet shall encompass the detention storage area if the velocity, depth, or slopes create a potentially dangerous condition. The fence shall be designed so as to allow access for maintenance and so as not to restrict stormwater flow into or out of the detention basin. F. EASEMENTS. In addition to any other provisions of this Code relating to easements for public improvements, the following requirements for easements for public drainage improvements, channels, and facilities required for any development by this Division shall apply: 1. All public drainage systems and facilities which are not to be included within an existing or proposed public street right-of-way shall be located within easements to be dedicated to the City and shall have adequate access to a public street. Prior to acceptance of any public drainage facilities, all easements within which the facilities are located shall be cleared of all buildings, structures, fences, or other obstacles that would interfere with access to the easements. 2. Easements for closed drainage systems shall meet the following minimum standards, unless special circumstances warrant additional or reduced easements, as determined by the City Engineer: 17 Pipe Size Minimum Easement Width 36" and under 15 feet 42" through 54" 20 feet 60" through 66" 25 feet 72" and above 30 feet 3. Where an access road is required adjacent to a channel, an easement of a minimum width of fifteen feet (15') shall be provided. 4. Utilities shall not be located within any existing drainage easement, unless it is also designated for utility use. No utilities shall be located in any lined channel in such a way as to interfere with maintenance of or access to the channel. 5. A drainage easement shall be provided for the area within a required outfall channel or ditch to the point where the flowline "day lights" on natural grade. 6. To provide for maintenance, a drainage easement shall be provided at least twenty-five feet (25') beyond any outfall headwall. G. FLOOD DAMAGE PREVENTION. All developments regulated by this Code shall be subject to and comply with any applicable provision of the flood damage prevention ordinance, presently codified in Chapter 10-1/2 of the Code of Ordinances, as amended, and the following requirements: 1. Minimum Finished Floor Elevation. Minimum finished floor elevations for proposed development areas shall be eighteen (18") inches above the 100-year flood elevation based on encroached stream conditions as contained in the appropriate flood insurance study. If a one hundred year water surface elevation for encroached stream conditions has not been determined by a flood insurance study, the finished floor elevations in the development area shall be eighteen (18") inches above the lO0-year flood elevation based on ultimate watershed development conditions. 2. Floodway and Floodplain Modification and Permitting. No land shall be modified in any floodplain or floodway until the drainage modification plans have been reviewed 18 and a permit issued by the City Engineer in accordance with Chapter 10-1/2 of the Code of Ordinances, as amended. SECTION II. That paragraphs (a) and (b) of section 10 1/2-17 of the Code of Ordinances are amended to read as follows: (a) Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated eighteen inches (18") above the 100-year water surface elevation based on encroached stream conditions in the appropriate flood insurance study or if unavailable 100 year flood elevations based on ultimate development watershed conditions. A registered professional engineer, architect, or land surveyor shall submit a certification to the City Engineer, in accordance with section 10 1/2-14 (a), that the standard of this subsection is met. (b) Nonresidential construction. New construction or substantial improvement of a commercial, industrial or other nonresidential structure shall have the lowest floor, including any basement, elevated eighteen inches (18") above the 100-year water surface elevation based on encroached stream conditions as shown in the appropriate flood insurance study. If the flood insurance study does not include the property the required 100-year water surface elevations shall be based on ultimate development watershed conditions. Attendant utility and sanitary facilities shall be floodproofed so that below the base flood level the structure is water tight with walls substantially impermeable to the passage of water and structural components have the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer, architect, or land surveyor shall submit a certification to the City Engineer, in accordance with section 10 1/2-14 (a), that the requirements of this subsection are met. 19 SECTION III. That if any provision of this ordinance or application thereof to any person or circumstance is held invalid by any court, 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 that it would have enacted such remaining portions despite any such invalidity. SECTION IV. That any person violating any provision of this ordinance as it applies to property located within the City of Denton, shall, upon conviction, be fined a sum not exceeding $500.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V. 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 ~/~ day of ~ , 1990. ATTEST: J WR LTE S, CiTY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY work,drain5 20