2011-051s;\legal\our documents\ordinances\11\nfip chapter 30 code amendment clean 032511.doc
ORDINANCE 2011-051
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 30 OF
THE DENTON CODE OF ORDINANCES TO COMPLY WITH NATIONAL FLOOD
INSURANCE RATE PROGRAM; PROVIDING FOR SEVERABILITY; ; PROVIDING FOR
A PENALTY NOT TO EXCEED $2,000 FOR VIOLATIONS OF THIS ORDINANCE; AND
PROVIDING FOR AN EFFECTIVE DATE..
WHEREAS, the Federal Emergency Management Agency (FEMA) of the Department
of Homeland Security has recently revised the Flood Insurance Rate Map for the Denton Area,
and it is therefore necessary to revise Denton's ordinances to incorporate the new map, revise
definitions relating to its interpretation, and revise standards relating to certain structures; and
WHEREAS, the City Council of the City of Denton, Texas has considered the matter
and deems it appropriate and in the best interest of the public and the City to help facilitate the
installation and operation of this Ordinance; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Section 30-3 of the Denton Code of Ordinances is hereby revised to add or
modify the following definitions, as shown and denoted by underscore, and delete the following
definitions denoted by Wit:
Existing manufactured home park or subdivision means a manufactured home park
or subdivision, in which the construction of facilities servicing the lots upon which
the manufactured homes are to be affixed (including, at a minimum, the installation
of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads), was completed prior to August 1, 1979, the effective date of the
floodplain management regulations adopted by the City of Denton.
Rg urn latory Floodway means 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.
Normally, the floodway will include the stream channel and that portion of the
adjacent land areas required to pass the base flood (one-hundred-year flood)
discharge without cumulatively increasing the water surface elevation at any point
more than one (1) foot above that of the prefloodway condition, including those areas
designated on the flood insurance rate map.
• Riverine means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
• Manufactured home means a structure, transportable in one (1) or more sections,
which is built on a permanent chassis and is designed for use with or without a
permanent foundation when connected to the required facilities. The term
"manufactured home" does not include a "recreational vehicle.
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• New construction. For the purpose of determining insurance rates, "new
construction" means structures for which the "start of construction" commenced on or
after August 1, 1979, the effective date of the initial FIRM, including any subsequent
improvements to such structures. For floodplain management purposes, "new
construction" means structures for which the "start of construction" commenced on or
after August 1, 1979, the effective date of the floodplain management regulation
adopted by the City of Denton, including any subsequent improvements to such
structures.
that must
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SECTION 2. Section 30-5 of the Denton Code of Ordinances is hereby amended to read
as follows:
Sec. 30-5. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency
Management Agency in the current scientific and engineering report entitled, "The Flood
Insurance Study (FIS) for Denton County, Texas and Incorporated Areas" dated April 18,
2011, with Flood Insurance Rate Map (FIRM), dated April 18, 2011; and any revisions
thereto are hereby adopted by reference and declared to be a part of this chapter.
SECTION 3. Section 30-32 of the Denton Code of Ordinances is hereby amended to
append subparagraphs (8) through (10), as set forth below, to the existing provisions:
Sec. 30-32. Duties and responsibilities of City Engineer.
[Existing provisions unchanged]
(8) Review permit applications to determine whether the proposed building
site project, including the placement of manufactured homes, will be
reasonably safe from flooding.
(9) In riverine situations, notify adjacent communities, the Texas Water
Development Board (TWDB) and the Texas Commission on
Environmental Quality (TCEQ), prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the Federal
Emergency Management Agency.
(10) The City Engineer must require that no new construction, substantial
improvements, or other development (including fill) shall be permitted
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within Zones Al-30 and AE on the community's FIRM, unless it is
demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development, will
not increase the water surface elevation of the base flood at any point
within the community, and that all provisions of Denton Development
Code Subchapters 35.17 and 35.19 are met.
SECTION 4. Subsection 30-53 of the Denton Code of Ordinances is hereby amended to
append subparagraph (c)(3), as set forth below, to the existing provisions, and to append a new
subsection (d) as well:
Sec. 30-53. Specific standards.
[Existing subparagraphs 30-53 (a) and (b) remain unchanged]
(c) Manufactured homes.
[Existing subparagraph 30-53(c)(1) shall remain unchanged. Existing
subparagraph 30-53(c)(2) is hereby amended as follows and new
subparagraph 30-53(c)(3) is hereby added.]
(2) All manufactured homes to be placed or substantially improved
within zones Al-30, AH and AE shall be elevated on a permanent
foundation so that the lowest floor of the manufactured home is at
least thirty (30) inches above the base flood elevation found in the
current flood insurance study, or if no flood insurance study is
available, eighteen (18) inches above the base flood elevations, as
determined using ultimate development watershed conditions, and
shall be securely anchored to an adequately anchored foundation
in accordance with all tie-down requirements imposed by State law
or City ordinance.
(3) All manufactured homes not otherwise subject to the requirements
of 30-53(c)(1) or (c)(2) shall, if placed or substantially improved
on sites within an existing manufactured home park or subdivision
located within Zones Al-30, AH or AE of the FIRM, be elevated
so that either:
(i) the lowest floor of the manufactured home is elevated thirty
(30) inches above the base flood elevation found in the
current flood insurance study, or if no flood insurance study
is available, eighteen (18) inches above the base flood
elevations, as determined using ultimate development
watershed conditions; or
(ii) the manufactured home chassis is supported by reinforced
piers, or other foundation elements of equal or greater
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strength, with the lowest floor of the manufactured home
elevated at least 36 inches above grade, and securely
anchored to a foundation system sufficient to resist
flotation, collapse, and lateral movement in accordance
with all tie-down requirements imposed by State law or
City ordinance.
(d) Recreational vehicles. All recreational vehicles placed on sites within
Zones Al-30, AH, and AE on the community's FIRM shall either:
(1) be on the site for fewer than 180 consecutive days;
(2) be fully licensed and ready for highway use; or
(3) meet the permit requirements of Section 30-34(a), and the
elevation and anchoring requirements specified for
"manufactured homes" in paragraph 30-53(c).
A recreational vehicle is ready for highway use if it is on its wheels or
jacking system, is attached to the site only by quick disconnect type
utilities and security devices, and has no permanently attached additions.
SECTION 5. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 6. Any person found liable of violating the requirements adopted by Sections
1, 3, or 4 of this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed
two thousand dollars ($2,000) per offense per day. Each day that a provision of this ordinance is
violated shall constitute a separate offense
SECTION7. Section 2 of this ordinance shall become effective on April 18, 2011;
however, the remaining provisions shall become effective fourteen (14) days from the date of
passage and approval, and the City Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in
the City of Denton, Texas, within ten (10) days oft e date of its passage.
PASSED AND APPROVED this the Oday of 52011
MARK A. BURROUGHS\MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
r
BY: Qzll~ A/ A
- , - T
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APPROVED AS TO LE.GAL-EORI . -
ANITA BURGESS, CITY ATTORNEY
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