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1987-1231844L NO gTZ123 AN ORDINANCE AMENDING SECTION 10 1/2-19 OF ARTICLE V OF CHAPTER 10 1/2, "FLOOD DAMAGE PREVENTION", OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR FEDERAL EMERGENCY MANAGEMENT AGENCY GUIDELINES FOR AREAS OF SHALLOW FLOODING, PROVIDING FOR A PENALTY CLAUSE, PROVIDING FOR A SBVERABILITY CLAUSE, AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That section 10 1/2-19 of Article V of Chapter 10 1/2 of the Code of Ordinances of the City of Denton, Texas is hereby amended to read as follows Sec 10 1/2-19 Standards for areas of shallow flooding (AO zones) Located within the areas of special flood hazard established in section 10 1/2-S are areas designated as shallow flooding These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpre- dictable and indeterminate, therefore, the £ollowlng provisions apply (a) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the top of the curb of the nearest street plus the depth number specified in the community's FIRM If the building site is not located adjacent to a street, the lowest floor, ~ncludlng the basement, must be elevated a m~nlmum of one (1) foot plus the depth specified on the community's FIRM above the h~ghest adjacent existing ground elevation of the site Fill for landscaping around the elevated structure will be limited to provide adequate drainage capacity by utilizing channellzatlon methods that adequately route the water through the property (b) All new construction and substantial ~mprovements of non-residential structures shall (1) Have the lowest floor, including basement, elevated above the top of the curb of the nearest street plus the depth number specified on the FIRM, or (2) Together with attendant utility and sanitary facilities, be completely floodproofed to or about that level referenced in (b)(1) of this section so that any space below that level is water tight w~th 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 (c) A registered professional engineer or architect shall submit a certification to the city engineer that the standards of this section, as proposed in section 10 1/2-13 (1)(a), are satisfied SECTION II That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or c~rcumstance is held invalid by any court of competent 3ur~sdlct~on, such holding shall not affect the validity of the remaining portions of th~s ordinance, and the City Council of the City of Denton, Texas, hereby declares ~t would have enacted such remaining portions despite any such ~nvalld~ty SECTION III Any person, corporation, or association who shall violate a provision of this ordinance, or falls to comply therewith or with any of the requirements thereof, or of a permit or certificate ~ssued thereunder, shall be guilty of a misde- meanor punishable by a f~ne 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 port,on thereof during which any v~olat~on of this ordinance is committed, or continued, and upon conv~ctlon of any such v~olat*ons such person shall be punished w~th~n the llmlts above SECTION IV That th~s ordinance shall become effective fourteen (14) days from the date of its passage, and the C~ty Secretary is hereby d~rected to cause the caption of th~s ordinance to be published twice ~n the Denton Record-Chronicle, the offlclal newspaper of the City of Denton, Texas, w~thln ten (10) days of the date of ~ts passage~ PASSED AND APPROVED this the /;"~ day of/~ , 1987 RAY S~PJ4~ENS, ~AYOR ATTEST J'E~NIFER WA~TERS, CLUNY S~CI~I~ARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY