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1978-001 NO ,Tf , AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CREATING A NEW CHAPTER 16 ENTITLED "FLOOD DAMAGE PREVENTION", PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE WHEREAS, the legislature of the State of Texas has delegated to local governmental units the authority to adopt regulations designed to minimize flood losses, WHEREAS, much of the City of Denton is so situated that there are flood hazard areas which are suboect to periodic inundation sultlng in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and Impair- ment of the tax base all of which adversely affect the public health, safety and general welfare, and WHEREAS, such flood losses are caused by the cumulative effect of obstructions in floodways which increases flood heights and velocities, and the occupancy of flood hazard areas by uses vulner- able to floods or hazardous to others inadequately elevated or otherwise protected from flood damages, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HERE- BY ORDAINS That the Code of Ordinances of the City of Denton, Texas, be and the same is hereby amended by creating a new Chapter 16, Arti- cle I through Article VIII to be entitled Flood Damage Prevention, which shall hereafter read as follows ARTICLE I SECTION 16 1 STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general ~elfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to (1) Protect amah life and health, (2) Minimize ~xpendlture of public money for costly flood control rooects, (5) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public, (4) M~n~m~ze prolonged bus~ness ~nterrupt~ons, ($) M~n~mlze damage to public facilities and utilities such as water and gas Rains, electric, telephone and sewer l~nes, streets and bridges located ~n flood plains, (6) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to m~n~m~ze future flood blight areas, and, (7) Insure the potential buyers are notified that property · s ~n a flood area SECTION 16 2 - METHODS OF REDUCING ELOOD LOSSES In order to accomplish its purposes, this ordinance shall be appl~ed~ administered and enforced as follows (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases ~n flood heights or velocities, (2) Require that uses vulnerable to floods, znclud~ng facil- ities which serve such uses, be protected against flood damage at the t~me of in,rial construction, (3) Control the alteration of natural flood plains, stream channels, and natural protective barriers, whzch are volved ~n the accommodation of flood waters, (4) Control flllzng, grading, dredging and other development which may increase flood damage, (5) Prevent or regulate the construction of flood barriers which will ~ncrease flood hazards to other lands, (6) No permit shall be issued for the construction, alteration or ~mprovement of any property w~th~n a Eloodway or Elood Plain area, unless the same shall comply with the terms hereof {7) Areas w~th~n a Flood Plain, when dedicated to public use as open space, green belts or parkways, or when permanently and irrevocably reserved as privately owned space, green- belts or parkways, shall conform to the c~ty's plan of development Such land may be ~ncluded in the computation of open space as gross density requirements of this ordin- ance ARTICLE II DEFINITIONS SECTION 16 3 Unless specifically defined below, words or phrases used in th~s ordinance shall be ~nterpreted to g~ve them the meaning they have zn common usage and to give th~s ordinance ~ts most reasonable application (1) Appeal - Means a request for a review of the City Engineer's interpretation of any provision of this ordinance or a request for -2- a variance (2) ~,rea of Shallow Floodln~ - Means a deszgnated AO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet This cond~tzon occurs where a clearly defzned channel does not exist, where the path of flood- lng zs unpredictable and lndetermznate, and where velocity flow may be evzdent (3} ~rea of Shallow Floodzn~ Hazard - zs the land zn the flood plain within a communzty subject to a one percent or greater change of floodzng zn any gzven year (4) Base Flood - means the flood havzng a one percent chance of being equaled or exceeded in any g~ven year ($) pevelopment - means any man-made change to improved or unimproved real estate, ~nclud~ng but not limited to buildings or other structures, mining, dredgzng, f~llzng, grading, pav~ng, exca- vation or drzlllng operatzons (6) Encroachment L~nes L~mlts of obstruction to flood flows These llnes are generally parallel to the stream The l~nes are established by assuming that the area landward (outside) of the en- croachment lines w~ll be ultimately developed ~n such a way that ~t w~ll not be available to convey flood flows If hydraulic efficiency of the floodway is maintained by protecting ~t against unnecessary encroachments~ ~t will be adequate to convey the regulatory flood without resulting ~n an ~ncrease ~n flood elevations of more than one (1) foot (7) Ex~stlng Mobile Home Park or Mobile Home Subdivision - means a parcel (or contlgous parcels) of land divided ~nto two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home ~s to be affixed (Including, at a minimum, the installation of utilities, e~ther f~nal site grading or the pouring of concrete pads, and the construction of streets} is completed before the effective date of th~s ordinance [8) ExRa~s~on To An B~st~ng Mgb~le Ho~e Park or MO),~i~ Home Subdivision - means the preparation of additional s~tes by the construction of fac~l~tzes for servicing the lots on which the mobile homes are to be affixed (~nclud~ng the ~nstallat~on of utilities, e~ther f~nal s~te grading or pouring of concrete pads, or the construction of streets) (9) Flood or Floodmn~ - means a general and temporary con- d~t~on of part~al or complete ~nundat~on of normally dry land areas from (1) The overflow of ~nland or t~dal waters (2) The unusual and rap~d accumulation or runoff of surface waters from any source (10) Flood Hazard Boundary Map (FHBM) - means an official map of a community, ~ssued by the Federal Insurance Administration, where the areas w~th~n the boundaries of special flood hazards have been designated as Zone A (11) Flood Insurance Rate M~p [FIRM) - means an official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the r~sk premum zones applicable to the community (12) Flood Insurance Study - ~s the official 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 (15) Floodway - means the channel of a stream and adjacent land areas which are required to carry and d~scharge the flood water of flood flows of any r~ver or stream associated w~th the regulatory flood w,th an allowable maximum ~ncrease ~n water surface elevation above the regulatory flood of one (1) foot Th~s area ~s designated by the symbols F~ (14) Flood Plain - The area outside the floodway which ~s st~ll subject to ~nundat~on by the regulatory flood Th~s area ~s desig- nated by FP -4- (1S) Habitable Floor - means any floor usable for living purposes, which includes working, sleeping, eating, cooklng~ or recreation, or a combination thereof A floor used for storage purposes only is not a "habitable floor" (16) Mean Sea Level means the average height of the sea for all stages of the tide (17) ~lnlmum Bulld~n~ Elevation The elevation to which uses regulated by this ordinance are requzred 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 conditions ex~sting at the time this ordinance was passed, plus one (1) foot to allow for encroachments permitted by the estab- lishment of floodways, · e , m~n~mum building elevation equals regulatory flood elevation plus one (1) foot (18) Mobile Home - means a structure, transportable in one or more sections, which is built on a permanent chassis and de- signed to be used w~th or without a permanent foundation when con- nected to the required utilities It does not include recreational vehicles or travel trailers (19) New Mobile Home Park or Mobile Home Subdivision - means a parcel (or contiguous parcels) of land divided ~nto two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home ~s to be affixed (Including, at a minimum, the installation of utilities e~ther f~nal s~te grading or the purlng of concrete pads, and the construction of streets) is completed on or after the effective date of this ordinance (20) Obstruction - any dam, wall, wharf, embankment, levee, dike, p~le, abutment, project~on, excavation, channel rectification, 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 im- pede, retard, or change the direction of the flow of water~ either -5- 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 (21) ~egulatory Flood - The regulatory flood is a flood which ~s 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 ~n the order of the 100 year re- currence Interval flood determined from an analysis of floods on a particular stream and other streams in the same general region (22) Start of Construction - means the first placement con- structlon of a structure (other than a mobmle home) on a s~te, such as the pouring of slabs or footings or any work beyond the stage of excavation Permanent construction does not include land preparation such as clearing, grading, and f~lllng, nor does ~t include the stallatlon of streets and/or walkways, nor does it ~nclude excavation for a basement~ footlngs~ piers or foundations or the erection of temporary forms, nor does it include the ~nstallatlon on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its p~llng or foun- dation For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for serving the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either f~nal site grading or the pouring of concrete pads, and installation of utilities) is completed (23) ~,tructure - Anything constructed or erected, on the ground, or attached to the ground including, but without l~m~tlng the generality of the foregoing buildings, factories, sheds, cabins, mobile homes, and other similar items (24) Substantial, Improvement - Means any repair, recon- struction, or Improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure e~ther, (1) before the improvement or repair ~s started, or (2) ~f the structure has been damaged and ~s being restored, before the dam- age occurred For the purposes of th~s definition "substantial improvement" is considered to occur when the f~rst alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure The term does not, however, Include e~ther (1) any pro~ect for Improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure l~sted on the National Register of Historic Places or a State Inventory of Historic Places (25) Variance - Is a grant of relief to a person from the requirements of th~s ordinance when specific enforcement would re- sult ~n unnecessary hardship A variance, therefore, permits con- struct~on, or development ~n a manner otherwise prohibited by this ordinance ARTICLE III GENERAL PROVISIONS SECTION 16 4 - LANDS TO WHICH THIS ORDINANCE APPLIES Th~s ordinance shall apply to all areas of special flood hazard w~th~n the jurisdiction of the C~ty of Denton SECTION 16 $ BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Insurance Administration on its Flood Hazard Boundary Map {FHBM), Community No 48-0194, dated November 1, 1974, and any revisions thereto are hereby adopted by reference and declared to be a part of th~s ordinance Also ~ncluded ~n th~s section for reference shall be the final draft report for the Flood Insurance Rate Map (FIm~) SECTION 16 6 - ESTABLISHMENT OF DEVELOPMENT PERMIT A development Permit shall be requxred to ensure conformance with the provisions of this ordinance SECTION 16 7 - COMPLIANCE No structure or land shall hereafter be located, altered, or have zts use changed w~thout full compliance w~th the terms of thxs ordinance and ether applicable regulations SECTION 16 8 - ABROGATION AND GREATER RESTRICTIONS Th~s ordinance ~s not ~ntended to repeal, abrogate, or ~mpa~r any existing easements, covenants, or deed restrictions However, where th~s ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail SECTION 16 9 INTERPRETATION In the ~nterpretat~on and application of this ordinance, all provisions shall be (1) considered as m~n~mum requirements, (2) l~berally construed in favor of the governing body, and (5) deemed neither to l~m~t nor repeal any other powers granted under State Statutes SECTION 16 10 - WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by th~s ordinance ~s considered reasonable for regulatory purposes and ~s based on scientific and engineering consmderat~ons On rare occasions greater floods can and w~ll occur and flood heights may be ~n- creased by man-made or natural causes This ordinance does not ~mply that land outsxde the areas of special flood hazards or uses permitted within such areas w~ll be free from flooding or flood damages Th~s ordinance shall not create liability on the part of the C~ty of Denton or any officer or employee thereof for -8m any flood damages that result from reliance on th~s ordinance or any administrative decision lawfully made thereunder ARTICLE IV ADMINISTRATION SECTION 16 11 - DESIGNATION OF CITY ENGINEER The City Engineer is hereby appointed to administer and plement the provisions of th~s ordinance SECTION 16 12 DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER Duties and responsibilities of the City Engineer shall ~nclude, but not be limited to, the following (1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance, (2) Review, approve or deny all applications for development permits required by Section 16 6 of this ordinance, (5) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval ~s required, (4) Where interpretation ~s needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the City Engineer shall make the necessary ~nterpretat~on, (S) Assure that maintenance ~s provided w~thln the altered or relocated portion of sa~d watercourse so that the flood carrying capacity is not diminished, (6) When base flood elevation data has not been provided in accordance with Section 16 5, the City Engineer shall obtain, re- view, and reasonably utilize any base flood elevation data avail- able from a Federal, State, or other source, ~n order to admInister the provision of Article V SECTION 16 13 - ZONING ~{AP FLOOD AREA DESIGNATIONS (1) a The provisions of this section shall apply to all lands w~th~n the c~ty ~rrespect~ve of Zoning D~s- trlct classification -9- b The flood plain areas within the jurisdiction of this ordinance are hereby divided into two dis- tricts Floodway Districts (FW) and Floodway Fringe Districts (FF) c There shall be superimposed upon the official zon- lng map the Flood Plain designation, as determined by the flood insurance study and report herelnabove defined d The outer boundary of Floodway Fringe District at any point shall correspond to the elevation of a minimum building elevation, less one foot of said point Minimum building elevation shall be the governing factor in locating the outer d~str~ct boundary on the zoning map and on the ground The inner boundary corresponds to the boundary of the Floodway district e The boundary of a Floodway District shall correspond to the Floodway encroachment l~nes Boundaries of a Floodway District shall be determined by scaling distances on the official zoning map On the ground the Floodway encroachment l~ne shall be located by measuring distances perpendicular from the Floodway center line f In cases where Floodway encroachment lines have not been delineated, the area below the minimum building elevation shall be designated in the Floodway Dis- trict until said encroachment lines can be determIned g Where Interpretation IS necessary as to the exact location of the boundaries of the Flood Plain Dis- trict as shown on the Official Zoning Map the City Engineer shall be consulted for guidance and direction in determining the location in question Interpretation beyond this point shall be made by the Board of Ad3ust- ment after hearing testimony from all interested parties FLOODWAY DISTRICT USES No use of land shall be permitted in a Floodway District unless a. The same is permitted within the zoning district in which it is situated, bSuch use is not prohibited by any other ordinance, and c The same does not require structures, fill or the storage of materials or equipment, provlded~ however, that the following uses, when otherwise permitted within the zoning district in which the same are situated, shall be permitted upon application to the City Engineer for a development permit as provided in Section 16 14 of this ordinance, upon proof of compliance with this ordinance 1 Accessory uses or Structures 2 Clrcuses, carnivals and similar transient outdoor amusement enterprises -10- 3 Marinas, boat rentals, docks, piers, and wharfs 4 Railroads, streets, bridges, utility transmission lines and pipelines S Other uses, similar in nature, which are consistent with the provisions of th~s ordinance (3) FLOOD FRINGE DISTRICT USES No use of land shall be permitted ~n a Flood Fringe Dis- trict unless a The same ~s permitted w~thin the zoning d~str~ct ~n which it is s~tuated, b Such use is not prohibited by any other ordinance, and c The same does not require structures, fill or the storage of materials or equipment, other than the following uses 1 Any use permztted in th~s section 2 Any other non-structural use, provided that the same is elevated above the minimum building elevation and that a determination has f~rst been made by the City Hng~neer that such use will not unduly restrict the capacity of the channels or floodway of tributaries to the main stream, drainage d~tches, or any other drainage facilities or systems 3 Structures constructed on f~ll, provided the f~rst floor or basement floor ~s above the mmnlmum building elevation Such f~ll shall be made to an elevation no lower than one (1) foot below the regulatory flood protection elevation for the particular area and shall be extended horizontally at such elevation at least fsfteen (15) feet beyond the l~mits of any structure or buslding erected thereon 4 The following uses and structures shall be permitted only upon zssuance of a Development Permit by the Board of Adjustment as provided in the followsng sectson, Permit Procedures, of this ordinance and subject to the followsng provisions 1 Non-residential structures, if adequately flood-proofed as approved by the Czty Hngsneer to a poznt above the regulatory flood protectzon elevation ll Uses lssted in Sectson 16 15 hereof and other szmslar uses which wzll not be sub- sect to substantzal flood damage and which will not cause flood losses on other lands or to the public These may include uses which can be readily removed from flood hazard areas during the tzmes of flood The Board may in the Development Permit -11- allow such uses to be located at an ele- vation below the regulatory flood pro- tectlon elevation SECTION 16 14 - PERMIT PROCEDURES (1) Application for a Development Permit shall be presented to the City Engineer on forms furnished by him and may include, but not be limited to, plans in trzpl~cate drawn to scale show- lng the location, dzmenslons, and elevation of proposed landscape alteratzons, existing and proposed structures, and the locatzon of the foregozng zn relation to areas of speczal flood hazard Addltzonally, the following ~nformat~on ~s required a Elevation zn relatzon to mean sea level, of the lowest floor (zncludlng basement) of all proposed structures as certzfzed by a regzstered professional engineer or registered public surveyor, b Elevation zn relation to mean sea level to which any non-reszdentzal structure shall be flood proofed, c A certzflcate from a registered professional engineer or archztect that the non-reszdent~al flood proofed structure shall meet the flood proofing crzter~a of Sectzon 16 17(2), d Descrzptlon of the extent to whzch any watercourse or natural drainage w~ll be altered or relocated as a re- suit of proposed development e Typical valley cross-sectzons showzng the channel of the stream, elevatzon of land areas ad3olnlng each szde of the channel, cross-sectional areas to be occupxed by the proposed development and high water znformatzon f Plan (surface view) showzng elevations or contours of the ground, pertznent structure, fill or storage ele- vations, s~ze, location and special arrangement of all proposed and ex~stlng structures on the s~te, lo- cation and elevations or streets, water supply, sani- tary facilities, photographs showlng existing land uses and vegetation upstream and downstream, so~l types and other pertinent ~nformat~on g Profile showing the slope of the bottom of the channel or flow l~ne of the stream h Specifications for bulld~ng construction and materials flood proofing, f~lllng, dredging, grading, channel zmprovement, storage of materials, water supply, and sanitary facilities (2) Approval or den~al of a Development Permit by the City Engineer shall be based on all of the provisions of th~s ordinance and the following relevant factors a The danger to lzfe and property due to flooding or erosion damage, b The susceptibility of the proposed facility and ~ts contents to flood damage and the effect of such dam- age on the ~nd~v~dual owner, c The danger that materials may be swept onto other lands to the ~njury of others, d The compatibility of the proposed use w~th ex~st~ng and anticipated development, e The safety of access to the property ~n t~mes of flood for ordinary and emergency vehicles, f The costs of providing governmental services during after flood conditions ~nclud~ng maintenance and re- pa~r of streets and bridges, and public utilities and facilities such as sewer, gas, electrical, and water systems g The expected heights, velocity, duration, rate of r~se and sediment transport of the flood waters and the effects of wave action, ~f applicable, expected at the site, h The necessity to the facility of a waterfront location, where applicable, ~The availability of alternative locations, not subject to flooding or eroszon damage, for the proposed use, The relationship of the proposed use to the compre- henszve plan for that area SECTION 16 15 VARIANCE PROCEDURES (1) The Board of Adjustment as established by the Denton C~ty Council shall hear and render judgment on requests for variance from the requzrements of th~s ordinance (2) The Board of Adjustment shall hear and render judgment on an appeal only when ~t ~s alledged there zs an error ~n any requirement, deczs~on, or determination made by the C~ty Engineer zn the enforcement or administration of th~s ordinance (5) Any person or persons aggrieved by the decision of the Board of Adjustment may appeal such decision in the courts of competent jurisdiction (4) The City Engineer shall maintain a record of all actions znvolv~ng an appeal and shall report variances to the Federal In- surance Administration upon request (S) Variances may be ~ssued for the reconstruction, rehab~lz- ration, or restoration of structures l~sted on the National Register of Historic Places of the State Inventory of H~stor~c Places, with- -15- out regard to the procedures set forth ~n the remainder of thzs section (6) Generally, variances may be ~ssued for new construction and substantial ~mprovements to be erected on a lot of one-half acre or less ~n s~ze contiguous to and surrounded by lots w~th ex~st~ng structures constructed below the base flood level, pro- v~d~ng the relevant factors ~n Section 16 15(5) have been fully considered As the lot size ~ncreases beyond the one-half acre, the technical 3ust~f~cat~on required for ~ssu~ng the variance ~ncreases (7) Upon consideration of the factors noted above and the · ntent of th~s ordinance, the Board of Ad3ustment may attach such conditions to the granting or variances as ~t deems necessary to further the purpose and ob3ect~ves of th~s ordinance which may znclude a Modification of waste d~sposal and water supply facilities, b L~mltat~ons on periods of use and operation, c Imposition of operational controls, sureties and deed restrictions, d Requirements for construction of channel modifications, dlkes~ levees and other protective measures, e Flood proofing measures, as described ~n the Flood Section 16 17 (2) f No structure (temporary or permanent), fill, including fmll for roads and levees, depos~t~ obstruction, storage of materials or equipment, or other uses shall be per- mitred which, acting alone or ~n combination w~th ex~st- · ng or future uses, unduly effects the efficiency or the capacity of the floodway or unduly increases flood heights above the minimum building elevation Conside- ration of the effects of a proposed use shall be based on a reasonable assumption that there will be an equal degree of encroachment extending for a s~gnlflcant reach on both sides of the stream (8) Variances shall not be issued within any designated flood- way · f any increase ~n flood levels during the base flood discharge would result (9) Prerequisites for Granting Variances a Variances shall only be ~ssued upon a determination that the variance ~s the m~n~mum necessary, consider- ing the flood hazard, to afford relief -14- b Variances shall only be ~ssued upon (1) a showing of good and sufficient cause, (2) a determination that failure to grant the variance would result zn exceptional hardship to the applicant, and (5) a determination that the granting of a variance will not result ~n Increased flood heights, addi- tional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or v~ct~m~zat~on of the public, or conflict w~th ex~st~ng local laws or ordinances c Any applicant to whom a variance ~s granted shall be g~ven written not~ce that the structure will be permitted to be built w~th a lowest floor elevation no more than two (2) feet below the base flood elevation, and that the cost of flood ~nsurance w~ll be commensurate w~th the ~ncreased r~sk resulting from the reduced lowest floor elevation (10) Additional factors for consideration by the Board shall be a The danger to l~fe and property due to ~ncreased flood heights or velocities caused by encroachments b The danger that materials may be swept on to other lands or downstream to the ~n3ury of others c The proposed water supply and sanitation systems and the ability of these systems to prevent d~sease, contamination and unsanitary conditions d The susceptab~l~ty of the proposed facility and ~ts contents to flood damage and the effect of such damage on the ~nd~vzdual owner e The importance of the services provided by the pro- posed facility to the community f The requirements of the facility for a waterfront location g The availability of alternative locations not sub- 3ect to flooding for the proposed use h The compatibility of the proposed use w~th existing development and development anticipated ~n the fore- seeable future The relatIonship of the proposed use to the compre- hensive plan and flood pl~nmanagement program for the area The safety of access to the property in times of flooding or for ordinary emergency vehicles k The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site 1 Such other factors which are relevant to the pur- pose of th~s ordinance -15- ARTICLE V PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION 16 16 GENERAL STANDARDS In all areas of special flood hazards the following provisions are required (1) All new construction and substantial ~mprovements shall be anchored to prevent flotation, collapse, or lateral movement of the structure, (2) All new construction or substantial ~mprovements shall be constructed by methods and practices that m~n~m~ze flood damage, (5) All new construction or substantial ~mprovements shall be constructed w~th materials and utility equipment resistant to flood damage, (4) All new and replacement water supply systems shall be de- signed to m~n~m~ze or eliminate ~nf~ltrat~on of flood waters ~nto the system, (5) New and replacement sanitary sewage systems shall be de~ s~gned to m~n~m~ze or eliminate ~nf~ltrat~on or flood waters into the system and d~scharges from the systems ~nto flood waters, and, (6) On~s~te waste d~sposal systems shall be located to avoid · mpa~rment to them or contamination from them during flooding SECTION 16 17 - SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth ~n Section 16 5, Section 16 12 (6), or Section 16 18(5) the following provisions are required (1) Residential Construction - New construction or substantial · mprovement of any residential structure shall have the lowest floor, ~nclud~ng basement, elevated one foot (1) above the base flood ele- vation A registered professional engineer, arch~tect~ or land sur- veyor shall submit a certification to the C~ty Engineer that the standard of th~s subsection, as proposed ~n Section 16 14(1)(a), ~s satisfied (2) Non-residential Construction - New Construction or sub- -16- stantlal improvement of any commercial, ~ndustrlal or other non- residential structure shall either have the lowest floor, ~nclud~ng basement, elevated to the level of the base flood elevation or, to- gether with attendent utlllty and sanitary facilities, be flood proofed so that below the base flood level the structure is water tight with walls substantially impermeable to the passage of water and w~th structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy A re- gistered professional engineer or architect shall submit a certi- fication to the City Engineer that the standards of th~s subsection as proposed in Section 16 14(1)(c), are satisfied (S) Mobile Homes a No mobile homes shall be placed in a floodway, or if applicable, a coastal high hazard area, except in an existing mobile home park or existing mobile home subdivision b Ail mobile homes shall be anchored to resist flotation, collapse, or lateral movement Specific requirements shall be (1) over-the-top ties at each of the four corners of the mobile home, w~th two additional t~es per side at ~ntermed~ate locations and mobile homes less than SO feet long requiring one additional t~e per side, (l~) frame t~es at each corner of the home with five additional ties per side at intermediate points and mobile homes less than SO feet long requiring four additional ties per side, (~l~) all components of the anchoring system be capable of carrying a force of 4,800 pounds, (iv) any additions to the mobile home be s~m~larly anchored c For new mobile home parks and subdivisions, for ex- pansions to ex~st~ng mobile home parks and subdivisions, for exist- lng mobile home parks and subdivisions where the repair, recon- struction or Improvement of the streets, utilities and pads equals or exceeds SO percent of value of the streets, utilities and pads before the repair, reconstruction or Improvement has commenced, and for mobile homes not placed in a mobile home park or subdivision require (1) stands or lots are elevated on compacted fill or on plllngs SO that the lowest floor of the mobile home w~ll be at or above the base flood level A registered professional engineer, architect, or land surveyor shall submzt a certificate to the C~ty Engineer that the stan- dard of this paragraph compiles w~th Section 16 17(1) of th~s Article (~l) adequate surface drainage and access for a hauler are provided, and in the ~nstance of elevation on p~l~ngs (1) lots are large enough to permit steps, (2) piling foundations are placed ~n stable soil no more than ten feet apart, and (5) rein- forcement ~s provided for p~l~ngs more than slx feet above the ground level (4) Floodways Floodways located w~th~n areas of special flood hazard established ~n Section 16 5 are areas designated as floodways Since the floodway ~s an extremely hazardous area due to the veloc- ity of flood waters which carry debr~s~ potential project~les and erosion potential, the following provisions shall apply a Encroachments are prohibited, ~nclud~ng f~ll, new con- struct~on, substantial improvements and other developments unless certification by a professional registered engineer or architect ~s provided demonstrating that encroachments shall not result ~n any · ncrease in flood levels during occurence of the base flood d~scharge b If Section 16 17 (4)(a) above ~s satisfied, all new construction and substantial improvements shall comply w~th all applicable flood hazard reduction provisions of Article S c Prohibit the placement of any mobile homes, except ~n an ex~stlng mobile home park or subdivision SECTION 16 18 - STANDARDS FOR SUBDIVISION PROPOSALS (1) All subdivision proposals shall be consistent with Section 16 2, 16 $ and 16 4 of this ordinance (2) All proposals for the development of subdivisions shall meet Development Permit requlrements of Section 16 6, Section 16 14 and the provisions of Article S of th~s ordinance (5) Base flood elevation data shall be generated for subdivi- sion proposals and other proposed development which ~s greater than -18- the lesser of 20 lots or 3 acres, zf not otherwzse provided pur- suant to Sectzon 16 S, or Section 16 12[6) of this ordinance (4) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards or as outlined ~n the storm sewer ordznance of the City of Denton [S) Ail subdzvzszon proposals shall have public utzllt~es and facllztles such as sewer, gas, electrical and water systems located and constructed to mznzmzze flood damage (6} The fznal plat for a subdlvzs~on shall have the base flood contour lzne, the floodway contour l~ne and the proposed l~mlt of fzll contour lzne shown for the record SECTION 16 19 - STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES) Located w~th~n the areas of special flood hazard established ~n Section 16 5 are areas designated as shallow flooding These areas have speczal flood hazards associated wzth base flood depths of 1 to 3 feet where a clearly defzned channel does not exzst and where the path of floodzng zs unpredictable and zndetermznate, therefore, the followzng provzszons apply (1) All new constructzon and substantial zmprovements of resldentzal structures shall have the lowest floor, lncludzng basement, elevated above the crown of the nearest street to or above the depth number speczfzed on the communzty's FIRM (2) Ail new constructzon and substantzal improvements of non-reszdentzal structures shall (z) Have the lowest floor, including basement, ele- vated above the crown of the nearest street or above the depth number speczf~ed on the FIRM, or Together wzth attendant utllzty and sanztary faczl~tles be completely flood proofed to or about that level so that any space below that level zs water tzght wzth walls substantzally zmpermeable to the passage of water and w~th structural com- ponents havzng the capabzlzty of reszstzng hydro- statzc and hydrodynamzc loads and effects of buoyancy (3) A regzstered professzonal engzneer or archztect shall submit a certzflcatlon to the Czty Engzneer that the standards of -19-