O-2821-4-09ORDINANCE NO. 2821-4-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, BY
AMENDING IN ITS ENTIRETY ARTICLE V "SPECIAL ZONES"; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Federal Emergency Management Agency ("FEMA") has determined there exists within the
incorporated limits of the City of Allen certain flood prone areas where damages to property or injury to
people may occur during periodic rain events of certain length and intensity; and
WHEREAS, in order for property owners within a community to be eligible to purchase federally -
guaranteed flood insurance for the protection of property located in flood prone areas, a community must be a
participant in the National Flood Insurance Program which participation requires, among other things, the
adoption of regulations regarding the development of property within such flood prone areas; and
WHEREAS, financial institutions that make federally guaranteed loans to finance the purchase and/or
development of real estate are generally forbidden from making such loans with respect to properties located
in flood prone areas if the community is not a participant in the National Flood Insurance Program; and
' WHEREAS, the City Council of the City of Allen is presently a participant in the National Flood Insurance
Program and finds it to be in the public interest to continue such participation; and
WHEREAS, the City has been advised that the FEMA Administrator has adopted new flood insurance rate
maps to be effective on lune 2, 2009; and
WHEREAS, to remain a participant in the National Flood Insurance Program, a community must adopt
FEMA's new flood insurance rate maps and amendments to the community's floodplain management
regulations prior to the effective date of said maps; and
WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Allen, Texas,
in compliance with the laws of the State of Texas and the ordinances of the City of Allen, have given
requisite notice by publication and otherwise, and after holding due hearings and affording a full and fair
hearing to the public, and in the exercise of its legislative discretion have concluded that the Allen Land
Development Code should be amended;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Allen Land Development Code is hereby amended by amending Article V "Special
Zones" to read in its entirety as set forth in Exhibit "A," attached hereto and incorporated herein by
reference.
SECTION 2. All ordinances of the City of Allen in conflict with the provisions of this Ordinance shall be,
and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in
conflict herewith shall remain in full force and effect.
SECTLON 3. An offense committed before the effective date of this Ordinance is governed by prior law and
the provisions of the Ordinances of the City, as amended, in effect when the offense was committed and the
former law is continued in effect for this purpose.
SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance,
or of the Allen Land Development Code, be adjudged or held to be void or unconstitutional, the same shall not
affect the validity of the remaining portions of said ordinance or the Allen Land Development Code, as amended
hereby, which shall remain in full force and effect.
SECTION 5. Any person, firm or corporation violating any of the provisions or terms of this Ordinance
shall be subject to the same penalty as provided for in the Allen Land Development Code Zoning
Regulations, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum
of two thousand dollars ($2,000) for each offense.
SECTION & This Ordinance shall take effect immediately from and after its passage and publication of the
caption in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL. OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 28ru DAY OF APRIL., 2009.
APPRO\
19apa =War -
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
�-� I4
Peter G. Smith, CITY ATTORNEY Shelley B. George, TY SECRETAY
Ordinance No. 2821-4-09, Page 2
1
ALLEN LAND DEVELOPMENT CODE
ARTICLE V
SPECIAL ZONES
Section 5.01. Floodplain Hazard.
Section 5.01.1. Purpose
It is the purpose of this Article to promote the public health, safety and general welfare and to minimize
public and private losses due to flood conditions in specific areas by provisions designed to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at
the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone
and sewer lines, streets and bridges located in floodplains;
6. Assist in maintaining a stable tax base by providing for the sound use and development of flood -
prone areas.
7. Insure adequate notification for purchasers of property.
t 8. Establish floodplain limits based on proposed fully developed watershed conditions;
9. Preserve the existing conveyance capacity of the floodplain;
10. Allow no rise in the base flood elevation.
11. Prevent the alteration or channelization of Rowlett Creek and all tributaries draining 160 acres or
more except where required for safety and public welfare;
12. Limit the maximum average channel velocities to prevent excessive erosion which are dependent on
specific channel, bed, and bank treatments.
13. Preserve stands of trees and other environmental features within the floodplain.
Section 5.01.2. Methods of Reducing Flood Losses.
In order to accomplish its purposes, this Article uses the following methods:
1. Restricts or prohibits uses that are dangerous to health, safety or property in times of flood, or cause
excessive increases in flood heights or velocities;
2. Requires that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction;
3. Controls the alteration of natural floodplain, stream channels, and natural protective barriers, which
are involved in the accommodation of flood waters;
4. Controls filling, grading, dredging and other development which may increase flood damage;
5. Prevents or regulates the construction of flood barriers which will unnaturally divert flood waters or
' which may increase flood hazards to other lands.
Exhibit "A" to
Ordinance No. 2821-4-09, Page 3
ALLEN LAND DEVELOPMENT CODE
7. Requires the platting and dedication of all land located within the ultimate 100 -year floodplain.
Section 5.01.3. Definitions.
For purposes of this Article, the following words and phrases shall have the meaning ascribed to such
words or phrases unless the context indicates otherwise.
• Alluvial Fan Flooding - flooding occurring on the surface of an alluvial fan or similar landform
which originates at the apex and is characterized by high -velocity flows; active processes of erosion,
sediment transport, and deposition; and unpredictable flow paths.
• Apex - point on an alluvial fan or similar landform below which the flow path of the major stream
that formed the fan becomes unpredictable and alluvial fan flooding can occur.
• Area of Shallow Flooding - a designated AO, AH, AR/AO, ARIAH, or VO zone on a community's
Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to
an average depth of one to three feet where a clearly defined channel does not exist, where the path
of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
• Area of Special Flood Hazard - is the land in the floodplain subject to a one percent or greater chance
of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary
Map (FHBM)
• Base Flood - the flood having a one percent chance of being equaled or exceeded in any given year.
• Base Flood -Ultimate Development - the flood having a one percent chance of being equaled or
exceeded in any given year, based on a fully developed watershed. The data to be used for design and
t planning should be from the City of Allen Linear Greenbelt Study.
• Critical Feature - an integral and readily identifiable part of a flood protection system, without which
the flood protection provided by the entire system would be compromised.
• Elevated Building -a building without a basement:
a. With a finished floor elevation or the lowest horizontal structural member elevated above the
ground level by means of pilings, columns (posts and piers), or sheer walls parallel to the floor of
the water; and
b. adequately anchored to maintain the structural integrity of the building during a 100 -year flood
event, and
c. includes a building elevated by means of fill or solid foundation perimeter walls with openings
sufficient to facilitate the unimpeded movement of flood waters; or
d. a building where the lower area is enclosed by means of breakaway walls meeting National
Flood Insurance Program standards.
• Existing Structures - structures commenced before the effective date of the FIRM or before January
1, 1975.
• FEMA — the Federal Emergency Management Agency
• Flood or Flooding - a general and temporary condition of partial or complete inundation of normally
dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation or
' runoff of surface waters from any source.
Exhibit "A" to
Ordinance No. 2821-4-09, Page 4
ALLEN LAND DEVELOPMENT CODE
• Flood Insurance Rate Map or FIRM - an official map of a community, on which the FEMA
' Administrator has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
• Flood Insurance Study -an examination, evaluation, and determination of flood hazards and, if
appropriate, corresponding water surface elevations, or an examination, evaluation and determination
of mudslide (i.e., mudflow) and/or flood -related erosion hazards.
• Floodplain Administrator — the Director of Engineering or his/her designee
• Floodplain Mana egent - the operation of an overall program of corrective and preventive measures
for reducing flood damage, including but not limited to emergency preparedness plans, flood control
works and floodplain management regulations.
• Floodplain Management Regulations - zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose state or local regulations, and other applications of police powers
which provide standards for the purpose of flood damage prevention and reduction.
• Flood Proofing -any combination of structural and non-structural additions, changes, or adjustments
that reduce or eliminate flood damage to property.
• Floodway (Regulatory! atorv) - the channel of a river or 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.
• Highest Adjacent Grade - the highest natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
' • Historic Structure -any structure that is:
a. Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
c. Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of Interior; or
d. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
i. By an approved state program as determined by the Secretary of the Interior or;
ii. Directly by the Secretary of the Interior in states without approved programs.
• Lowest Floor - 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 considered a building's lowest floor; provided, that such enclosure
is not built so as to render the structure in violation of the applicable non -elevation design
requirements of 44 C.F.R. Sec. 60.3.
• Mean Sea Level - the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which
' base flood elevations shown on a community's FIRM are referenced.
• New Construction - structures commenced on or after the effective date of an initial FIRM or after
December 31, 1974, whichever is later.
Exhibit "A" to
Ordinance No. 28214-09, Page 5
ALLEN LAND
• Recreational Vehicle - a vehicle which is:
' a. built on a single chassis;
b. 400 square feet or less when measured at the largest horizontal projections;
c. designed to be self-propelled or permanently towable by a light duty truck; and
it. not designed as a permanent dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use.
• Substantial Damage - damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed 50 percent of the market value of the
structure before the damage occurred.
• Substantial hnprovement - reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the structure, but
does not include:
a. improvements to correct existing violations of state or local health, sanitary, or safety code
specifications; or
b. Any alteration of a "historic structure," provided the alteration does not preclude continued
designation as a "historic structure."
• Variance. - a grant of relief to a person from the requirement of this Article when specific
enforcement would result in unnecessary hardship.
• Water Surface Elevation - means the height, in relation to the National Geodetic Vertical Datum
' (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies.
Section 5.01.4. General Provisions.
1. The requirements of this Article apply to all areas of special flood hazard within the City.
2. If any portion of a development of a drainage course lies within 100 feet from the top of a high bank
or is identified as located within the 100 -year floodplain on any FIRM, a detailed study of the area is
required. If the drainage area is 160 acres or greater, then the ultimate floodplain must be
established. The Floodplain Administrator may require additional technical information prior to
accepting the results of any study.
3. Floodplain areas will be platted and dedicated to the City either separately or together with the
adjacent property. The City may decline any dedication of floodplain land but may require the area
to be maintained as private open space.
4. The areas of special flood hazard identified by FEMA in the current scientific and engineering report
entitled, The Flood Insurance Study (FIS) for Collin County, Texas and Incorporated Areas, dated
June 2, 2009, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps
(FIRM and FUND and any revisions thereto are hereby adopted by reference and declared to be a
part of this Code.
5. The planning and design of structures adjacent to the base flood elevation should be based on
ultimate development.
6. No structure or land shall hereafter be located, altered, or have its use changed without full
compliance with the provisions of this Article or without securing a Development Permit.
7. In the interpretation and application of this Article, all provisions shall be:
a. considered as minimum requirements;
Exhibit "A" to
Ordinance No. 2821-4-09, Page 6
ALLEN LAND DEVELOPMENT CODE
b. liberally construed in favor of the governing body; and
c. deemed neither to limit nor repeal any other powers granted under State statutes.
Section 5.01.5. Administration.
I. The Director of Engineering is hereby appointed the Floodplain Administrator to administer and
implement the provisions of this Article and appropriate sections of Title 44 of the Code of Federal
Regulations relating to the local administration and enforcement of the National Flood Insurance
Program regulations relating to floodplain management.
2. The duties and responsibilities of the Floodplain Administrator include, but are not limited to, the
following:
a. Maintaining and making available for public inspection all records pertaining to the enforcement
of this Article.
b. Reviewing all development permit applications to determine whether any proposed building site,
including the placement of a manufactured home, will be reasonably safe from flooding.
c. Reviewing, approving or denying applications for development permits required herein.
d. Reviewing permits for proposed development to assure that all necessary permits have been
obtained from federal, state or local governmental agencies.
e. Interpreting the exact location of the boundaries of the areas of special flood hazards.
f. Notifying adjacent communities and the Texas Commission on Environmental Quality of any
proposed alteration or relocation of a watercourse, and submiting evidence of such notification to
' the FEMA.
g. Requiring that the flood carrying capacity within the altered or relocated portion of any
watercourse is maintained.
h. When base flood elevation data has not been provided, obtaining, reviewing and utilizing data
from any reasonable source to administer the provisions of this Article.
i. When a regulatory floodway has not been designated, prohibiting new construction, substantial
improvements, or other development, including fill, within the Special Flood Hazard Area shown
on the City'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 more than one foot at any point within the
city.
j. Ensuring that the developer of any development which increases the water surface elevation of
the base flood by more than one foot or encroaches into an established floodway, secures a
Conditional Letter of Map Revision (CLOMR) from FEMA prior to commencement of
construction.
Section 5.01.6. Permit Procedures; Appeals; Variances.
1. Application for a Development Permit required by this Article shall be presented to the Floodplain
Administrator on forms famished by the City and may include, but not be limited to, plans in
duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape
alterations, existing and proposed structures (including the placement of manufactured homes), and
' the location of the foregoing in relation to areas of special flood hazard. Additionally, the following
information is required:
Exhibit "A" to
Ordinance No. 2821-4-09, Page 7
ALLEN LAND DEVELOPMENT CODE
a. Elevation in relation to mean sea level of the lowest floor (including basement) of all new and
' substantially improved structures;
b. Elevation in relation to mean sea level to which any non-residential structure shall be flood -
proofed;
c. Description of the extent to which any watercourse or natural drainage will be altered or
relocated as a result of proposed development.
2. Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of
the provisions of this Article and the following relevant factors:
a. The danger to life and property due to flooding or erosion damage;
b. The susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage on the individual owner;
c. The potential for materials to be swept onto other land to the injury of others;
d. The compatibility of the proposed use with existing and anticipated development;
e. The costs of providing governmental services during and after flood conditions including
maintenance and repair of streets and bridges, and public utilities and facilities such as sewer,
gas, electrical and water systems;
f. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters
and the effects of wave action, if applicable, expected at the site;
g. The necessity of the facility to have a waterfront location, where applicable;
' h. The availability of alternative locations, not subject to flooding or erosion damage, for the
proposed use;
i. The relationship of the proposed use to the comprehensive plan for that area, and the guidelines
contained in the Linear Greenbelt Study (Oct. 1986).
j. Compliance with the Allen Drainage Criteria Manual;
k. Reasonable protection of flora and fauna, as otherwise provided in this Code.
3. Appeals.
a. The Planning & Zoning Commission shall hear and render judgment on an appeal of the denial of
a Development Permit required by this Article only when it is alleged there is an error in any
requirement, decision, or determination made by the Floodplain Administrator in the
enforcement or administration of this Article.
b. Any person or persons aggrieved by the decision of the Planning & Zoning Commission may
appeal such decision in the courts of competentjurisdiction.
c. The Floodplain Administrator shall maintain a record of all actions involving an appeal
4. Variances.
a. The Planning & Zoning Commission shall have the authority to grant variances from the
regulations set forth in this Article as follows:
i. Variances may be issued by for the reconstruction, rehabilitation or restoration of structures
' listed on the National Register of Historic Places or the State Inventory of Historic Places,
without regard to the procedures set forth in the remainder of this Code.
Exhibit "A" to
Ordinance No. 2821-4-09, Page 8
ALLEN LAND DEVELOPMENT CODE
ii. The Planning & Zoning Commission may attach such conditions to the granting of variances,
' as it deems necessary to further the purpose and objectives of this Article.
iii. Variances shall not be issued within any designated floodway if any increase in flood levels
during the base flood discharge would result.
iv. Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the strocture.
b. In order to grant a variance to this Article, the Planning & Zoning Commission must make the
following findings with respect to the application:
i. The requested variance is the minimum necessary, considering the flood hazard, to afford
relief being sought.
ii. The granting of the requested variance is for a good and sufficient cause;
iii. The failure to grant the requested variance would result in exceptional hardship to the
applicant, and
iv. The granting of the requested variance will not result in increased flood elevation, additional
threats to public safety, extraordinary public expense, nuisances, fraud on or victimization of
the public, or conflict with existing local laws or ordinances.
c. Any application for which a variance is granted shall be given written notice that the structure
will be permitted to be built with the lowest floor elevation below the base flood elevation, and
' that the cost of flood insurance will be commensurate with the increased risk resulting from the
reduced lowest floor elevation.
Section 5.01.7. Provisions for Flood Hazard Reduction.
1. General Standards.
All new construction and substantial improvement of structures and other improvements located in areas
of special flood hazards, must comply with the following: r.
a. Improvements will be designed (or modified) and adequately anchored to prevent flotation,
collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy;
b. Improvements will be constructed by methods and practices that minimize flood damage;
c. Improvements will be constructed with materials resistant to flood damage;
d. Improvements will be constructed with electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities designed and/or located to prevent water from
entering or accumulating within the components during conditions of flooding.
e. All new and replacement water supply systems will be designed to minimize or eliminate
infiltration of flood waters into the system;
f New and replacement wastewater collection systems will be designed to minimize or eliminate
infiltration of flood waters into the system and discharge from the systems into flood waters; and,
g. On-site waste disposal systems shall be located to avoid impairment or contamination during
flooding.
2. Specific Standards.
Exhibit "A" to
Ordinance No. 2821-409, Page 9
ALLEN LAND DEVELOPMENT CODE
In all areas of special flood hazards where base flood elevation data has been provided, the following is
required:
a. Residential Construction. New construction and substantial improvement of any residential
structure shall have the lowest floor (including the basement) to twenty-four inches above the
base flood elevation. A registered professional engineer, architect or surveyor shall certify to the
base slab or lowest structural member.
b. Nonresidential Construction. New construction and substantial improvements of any
commercial, industrial or other nonresidential structure shall either have the lowest floor
(including basement) elevated to eighteen inches above the base flood elevation together with
attendant utility and sanitary facilities and be designed so that below the base flood elevation the
structure is watertight with 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. A registered professional engineer or architect shall develop and/or review
structural design, specifications, and plans for the construction, and shall certify that the design
and methods of construction are in accordance with accepted standards of practice as outlined in
this subsection. A record of such certification which includes the specific elevation (in relation to
mean sea level) to which such structures are flood -proofed shall be maintained by the Floodplain
Administrator.
c. Enclosures. New construction and substantial improvements, with fully enclosed areas below the
lowest floor that are usable solely for parking of vehicles, building access or storage in an area
other than a basement and which are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of
' flood -waters. Designs for meeting this requirement must either be certified by a registered
professional engineer or architect or meet or exceed the following minimum criteria:
L 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;
ii. the bottom of all openings shall be no higher than one foot above grade;
iii. Openings may be equipped with screens, louvers, valves, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters.
3. Floodways.
The following provisions apply to floodways:
a. Encroachments are prohibited, including fill, new construction, substantial improvements and
other development within the adopted regulatory floodway unless it has been demonstrated
through hydrologic and hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase in flood levels within
the City during the occurrence of the base flood discharge and FEMA has approved a
Conditional Letter of Map Revision (CLOMR).
b. Any construction or substantial improvements will comply with the flood hazard reduction
provisions of this Article.
4. Penalties for Non -Compliance
No structure or land shall hereafter be construed, located, extended, converted, or altered without full
compliance with the terms of this article and other applicable regulations. Violation of the
provisions of this article by failure to comply with any of its requirements (including violations of
conditions and safeguards established in connection with conditions) shall constitute a misdemeanor.
Any person who violates this article or fails to comply with any of its requirements shall upon
Exhibit "A" to
Ordinance No. 2821-4-09, Page 10
ALLEN LAND DEVELOPMENT CODE
conviction be punished by a fine not to exceed $2000 for each violation, and in addition shall pay all
' costs and expenses involved in the case. Nothing herein contained shall prevent the City of Allen
from taking such other lawful action as is necessary to prevent or remedy any violation.
1
Exhibit "Alio
Ordinance No. 2821-409, Page 11