Loading...
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