1987-045
\
1686L
NO
11 ~of5
AN ORDINANCE AMENDING CHAPTER 10-1/2, "FLOOD DAMAGE PREVENTION",
OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TbXAS TO PROVIDE
FOR ADOPTION OF THE REQUIREMENTS OF THE FEDERAL EMERGENCY 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
WHbREAS, 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
Artlcle II
DeflnItIOnS
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 to a one percent or greater chance of
floodIng In any gIven year, desIgnated as Zone AE
"Base flood" means the flood havIng a one per cent chance of
beIng equaled or exceeded in any gIven year
"Cn tIcal feature" means an integral and readIly IdentIfIable
part of a flood protectIon system, wIthout WhICh the flood pro-
tectIon provIded by the entIre system would be 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 drl11Ing operatIons
"Elevated bUIldIng" means a nonbasement bUIldIng
(a) buIlt, In the case of a bUIldIng In Zones AI-3D, AE, A, A
99, AO, AH, B, C, X, and D, to have the top elevated floor
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
Integn ty of the bUIldIng of up to the magnItude of the
base flood In the case of Zones Al-30, AE, A, A99, AO,
AH, B, C, X, and D, "elevated buIldlng" also Includes a
buIldIng elevated by means of fIll or solId foundatIon
perImeter walls wIth 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
establ1shed 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
effIcIency of the f1oodway IS maIntaIned by protectIng It agaInst
unnecessary encroachments, It WIll be adequate to convey the regu-
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 conditlon
of partIal or complete Inundatlon of normally dry land areas from
(a) The overflow of Inland or tldal waters,
(b) The unusual and rapld accumu1atlon 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 AdmInlstratIon, where
the areas wIthIn the boundarIes of specIal flood hazards have
been desIgnated as Zone A
"Flood Insurance rate map (FIRM)" means an officlal map of a
communIty, on WhIch the Federal Insurance Admlnlstration has
dellneated both the areas of specIal flood hazards and the risk
premIum zones applIcable to the communIty
"Flood Insurance study" IS the offlCIal 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
"FloodplaIn" IS the area outSIde the floodway WhICh IS stlll
subJect to InundatIon by the regulatory flood ThIS area IS
desIgnated by the symbols FP
"F1oodway" means the channel of a stream and adJacent land
areas WhICh are requIred to carry and dIscharge the floodwater of
floodf1ows 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 foot 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 or passengers, and ShIP bUIldlng and ShIP repaIr
facIlItIeS, but does not Include long term storage or related
manufacturIng facIlItIes
"HIghest adJacent grade" means the hlghest 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 desIgned and constructed In accordance wIth sound engIneer-
Ing practIces to contaIn, control, or dIvert the flow of water so
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 dralnage 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 a basement area, IS not con-
SIdered a buIldIng's lowest floor, provlded that such enclosure
IS not bUIlt so as to render the structure In vIolatIon of the
applIcable none1evatlon desIgn requIrements of thIs ordInance and
44 C F R , sectIon 60 3 of the NatIonal Flood Insurance Program
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 laYlng
connected to the reqUIred facIlItIes For flood plaIn management
purposes, the term "manufactured home" also Includes park
traIlers, travel traIlers, and other simllar vehIcles placed upon
sIte for greater than one hundred and eIghty (180) consecutIve
days For Insurance purposes, the term "manufactured home" does
not Include park traIlers, travel trallers, and other 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 Natlona1 Flood Insurance
Program, the NatIonal GeodetIc VertIcal Data (NGVD) of 1929 or
other datum, to WhICh base flood elevatlon shown on a communItIes
flood Insurance rate map are referenced
"MInImum bUIldIng e1evatlon" The elevatIon to WhlCh 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, plus one
foot to allow for encroachments permItted by the establIshment of
floodways, Ie, 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,
dlke, 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 admlnistrative 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
partIc~lar stream and other streams In the same general regIon
"Remedy a vIolatIon" means to brlng 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 provlslons of
the ordInance or otherwIse deterrIng future simllar 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, reconstruct lon, replace-
ment or other Improvement was wIthln one hundred and eIghty
(180) 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 construct Ion 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 and fIllIng, nor does It
Include the InstallatIon of streets and/or walkways, nor does It
Include excavatIon for a basement, footIngs, pIers, or founda-
tIons or the erectIon of temporary forms, nor does It Include the
InstallatIon on the property of accessory buIldlngs, such as
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, Includlng, but wIthout lImItIng, the
generalIty of the foregoIng buIldIngs, factorles, sheds, cabIns,
manufactured homes, and other sImIlar Items
"SubstantIal Improvement" means any repaIr, reconstructIon,
or Improvement of a structure, the cost of WhlCh equals or
exceeds fIfty (50) percent of the market value of the structure
eIther (a) before the Improvement or repalr 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-
stantlal 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 alteratlon affects
the external dImensIons of the structure The term does not,
however, Include eIther (a) any project for Improvement of a
structure to comply wlth exIstIng state or local health, sanItary,
or safety code speclflcatlons whIch are solely necessary to assure
safe lIvIng condItIons, or (b) any alteratIon of a structure
lIsted on the National RegIster of Hlstonc Places or a State
Inventory of HIstorIc Places
Market value determInatIon, for the purposes of the above
defInItIon, shall be made by the Clty Englneer by maklng a deter-
mInatIon of the cost of repaIr, reconstruct lon, or Improvement,
who may consIder appraIsals by the taxlng 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 speclfic 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 communlty'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, sectlons 603 (b) (5),
(c)(4), (c)(lO), (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 relatlon to the
NatIonal GeodetIc Vertlca1 Datum (NGVD) of 1929 (or other datum
where specIfIed), of floods of varlOUS magnitures and frequencles
In the flood plaIns of coastal or rIverIne areas
PAGE 6
SECTION II
That SectIon 10 1/2-12 (£) 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 ResponsIbI11tles of the CIty
Engineer
(£) 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
tion shall be establIshed through an engIneering
and thIS data shall be used for reqUirIng the
floor elevatIon to one foot above the base
elevatIon
eleva-
study
lowest
flood
SECTION II I
That SectIon 10 1/2-12 of ArtIcle IV "AdmInlstration" of the
Code of OrdInances of the CIty of Denton 1 s hereby amended by
addlng 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 CI ty of Dent on, 1 s hereby amended by
addIng subsectIons to be numbered 10 1/2-14 (1) and (J) to the
applIcatlon for development permIt InformatIon, WhICh saId
subsectIons read as follows
(I) 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 requlres a
mInImum SIX (6") elevatIon above adJacent ground to
compensate for loss of stormwater storage or dralnage
areas
SECTION V
That SectIon 10 1/2-16 of ArtIcle V "PrOVISlons 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 facIIItles shall
be desIgned and/or located so as to prevent water from
enterIng or accumu1atlng Wlthin the components durlng
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 elther be
certIfIed by a regIstered professIonal engIneer or
archItect or must meet or exceed the followlng 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 perml t the
automatlc 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 constructlon or substantlal
Improvement of any res Ident Ia 1 structure shall have the
lowest floor, Inc1udlng basement, elevated one foot above
the base flood elevatIon A regIstered professlonal
engIneer, archItect, or land surveyor shall submIt a
CertIficatlon to the CIty engIneer that the standard of
thIS subsectIon, as proposed In sectlon 10 1/2-14(a), IS
satIsfIed,
(b) NonresIdentIal constructIon New constructlon or sub-
stantIal Improvement of any commercIal, IndustrIal or
other nonresIdentIal structure shall eIther have the
lowest floor, Inc1udlng basement, elevated to the level
of the base flood elevatIon or, together wIth attendant
utIlIty and sanItary facI1Itles, be floodproofed so that
below the base flood level the structure IS water tIght
WI th walls substantIally Impermeable to the passage of
water and wIth structural components havIng the capabll-
I ty of resIstIng hydrostatIc and hydrodynamIc loads and
effects of buoyancy A regIstered professlonal engIneer
or archItect shall submIt a certlflcatIOn to the Clty
engIneer that the standards of thIS subsectIon as proposed
In sectlon 10 1/2-14(c), are satIsfled,
(c) Manufactured Homes
(I) All manufactured homes to be placed Wlthln Zone A on
a communIty's FHBM or FIRM shall be Installed usIng
methods and practIces WhIch mlnimize 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 Ilmited
to, use of over the top or frame tIes to ground
anchors ThIS requlrement IS In addl tIon to applI-
cable state and local anchorIng requlrements 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 V1olate a prov1s1on of th1S ord1nance,
or falls to comply therew1 th or with any of the requ1rements
thereof, or of a perm1t or cert1f1cate 1ssued thereunder, shall
be gu1lty of a m1sdemeanor pun1shable by a f1ne not exCeed1ng One
Thousand Dollars ($1,000 00) Each such person shall be deemed
gullty of a separate offense for each and every day or port1on
thereof dur1ng Wh1Ch any v1olat1on of th1S ord1nance 1S comm1tted,
or cont1nued, and upon conv1ct1on of any such v1olat1ons such
person shall be pun1shed w1th1n the llm1ts above
SECTION VI II
That th1S ord1nance shall become effect1ve fourteen (14) days
from the date of 1tS passage, and the C1ty Secretary 1S hereby
dnected to cause the capt1on of th1S ord1nance to be publ1shed
tW1ce 1n the Denton Record-Chron1cle, the off1clal newspaper of
the C1ty of Denton, Texas, w1th1n ten (10) days of the date of
1tS passage
PASSED AND APPROVED th1S the /¿)~ay of ~ 1987
ATTbST
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
(~/ ~~~
L
PAGE 10