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Home My WebLink AboutO-793-5-87ORDINANCE NO. 793-5-87 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, REPEALING CITY OF ALLEN ORDINANCE NO. 240; CREATING A MASTER FLOOD HAZARD PREVENTION PLAN; CREATING METHODS OF REDUCING FLOOD LOSSES AND STATEMENT OF PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR GENERAL PROVISIONS; PROVIDING FOR PROVISIONS FOR FLOOD HAZARD REDUCTION; PROVIDING FOR A PENALTY; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ATTACHMENT OF EXHIBIT "A°; AND PROVIDING FOR PUBLICATION OF THE CAPTION. WHEREAS, the present flood plain Ordinance No. 240 is based on a flood plain delineation resulting from a 1977 watershed condition; and, WHEREAS, the present flood plain Ordinance No. 240 allows for an encroachment into the flood plain and a resulting one foot rise in the 100 -year flood plain; and, WHEREAS, the Federal Emergency Management Agency revised its National Flood Insurance Program and related regulations and requires each city participating in the program to revise their flood plain ordinance; and, WHEREAS, the Rowlett Creek watershed is developing which will increase the storm water discharge and correspondingly increase the water surface elevation; and, WHEREAS, the Rowlett Creek Interjurisdictional Task Force developed eight flood plain management policies to coordinate planning between the cities in the Rowlett Creek watershed; and, WHEREAS, the linear greenbelt study prepared by Albert H. Halff, Inc., dated October 2, 1986, presents a flood plain delineation based on a fully developed watershed, and presents plans and guidelines consistent with the policies developed by the Rowlett Creek Interjurisdictional Task Force. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: Ordinance No. 793-5-87 - Page 1 SECTION 1. That from and after the effective date of this ordinance a master flood hazard prevention plan, methods of reducing flood losses and statement of purpose, definitions, general provisions, and provisions for flood hazard reduction shall be in accordance with Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That City of Allen Ordinance No. 240 is hereby repealed in its entirety; and all other ordinances of the City of Allen in conflict with the provisions of this ordinance be and the same are hereby repealed; provided, however, all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 3. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by the judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining section, paragraph, sentence, clause or phrase of this ordinance, and the City Council hereby declares it would have passed the remaining portions even though it had known the.affected parts would be held unconstitutional. SECTION 4. That the land located in and within one hundred feet (100 feet) of Rowlett Creek and all tributaries draining more than one hundred sixty (160) acres within the corporate city limits and extraterritorial jurisdiction shall be subject to the requirements of Exhibit "A" as attached hereto for purposes of flood control. SECTION 5. That any person, firm, or corporation violating any of the provisions or terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not exceeding one thousand dollars ($1,000.00) for each violation, and that each day such violation shall continue to exist constitutes a separate offense. SECTION 6. That it is hereby declared by the City of Allen, Texas, that severe flooding has occurred in the past within its jurisdiction, and will certainly occur within the future, that flooding is likely to result in the infliction of serious personal Ordinance No. 793-5-87 - Page 2 injury or death, and is likely to result in substantial injury or destruction of property within its jurisdiction. In order to effectively comply with minimum standards for coverage under the National Flood Insurance Program, and in order to effectively remedy the situation described herein, it is necessary that this ordinance become effective immediately. Therefore, an emergency is hereby declared to exist and this ordinance being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval. DULY PASSED by the City Council of the City of Allen, Collin County, Texas, this the 21st day of MAY , 1987. APPROVED: (17 Qppnrl 0 1 %r" I A f Donald P. Rodenbaugh, Mayor ATTEST: f r , Marty Hendrix, CMC, ity Secretary APPROVED AS TO FORM: ttorney Ordinance No. 793-5-87 - Page 3 60.3(d) Revised as of October 1, 1986 EXHIBIT A FLOOD DAMAGE PREVENTION ORDINANCE OUTLINE Pg. ARTICLE 1 STATUTORY AUTHORIZATION, FINDING OF FACT, PURPOSE AND OBJECTIVES ............... e ....... .... 1 Section A Statutory Authorization ........06..00........... 1 Section B Findings Of Fact ............. t.. ............ .... 1 Section C Statement of Purpose ...........6..60............ 1 Section D Methods of Reducing Flood Losses ........66....60 2 ARTICLE 2 DEFINITIONS ..................................... 3 ARTICLE 3 GENERAL PROVISIONS 7 Section A Lands To Which This Ordinance Applies ......44..4 7 Section B Basis For Establishing The Areas of Special Flood - 12 60.3fd)fl) Hazard ...... ...... .......... .....g ....... ....... 117 Section C Establishment Of Development Permit ...........4. 7 Section D Compliance .... .... 4 ... .444,.4.4 7 Section E ... .4.666644.4446 Abrogation And Greater Restrictions ............. 7 Section F Interpretation ..... ......... ....... ..66..,..666. 7 Section G Warning and Disclaimer Of Liability ............. 7 ARTICLE 4 Section A Section B Section C Section D ARTICLE 5 Section A Section B 1. 2. 3. 4. Section C Section D Section E ADMINISTRATION ................... ....t... .... ... 8 Designation Of Local Administrator 8 ,Duties And Responsibilities of the Floodplain Administrator ...........gate .................... 8 Permit Procedures ..........66.....6,.0..06.06..6 8 Variances Procedures 10 PROVISIONS FOR FLOOD HAZARD REDUCTION ........... 12 Cross Ref . NFIP Regs. 59.1 60. (d) (1) 60.3 (d) 60.3 (d) (1) 60.3(d) (1) 60.3 (d) (1) 60.3 f d) (1) 60.6(a) -- General Standards .......44........46..44440..... 12 60.3(d)(1) Specific Standards ........... got ... 44,4..40.4444 12 60.3fd)fl) Residential Construction ...........44.0.0....... 12 60.3fd)(1) Nonresidential Construction .............4.4.444 12 60.3fd)fl) Enclosures......................a....94404...... 12 60.3fd)fl) Manufactured Homes ........... .44 ... .44444444444 13 60.3fd)fl) Standards For Subdivision Proposals ......4.4...4 13 60.3fd)fl) Standards For Areas Of Shallow Flooding - - (AO/AH Zones) ................................... 13 60.3(d)(1) Floodways 14 60.3fd)fl) i FLOOD DAMAGE PREVENTION ORDINANCE ARTICLE I STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS SECTION A. STATUTORY AUTHORIZATION The Legislature of the State of Texas has, in VTCA 16.319 Water Code, delegated the responsibility to local government to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Allen, Texas, does ordain as follows: SECTION B. FINDINGS OF FACTS (1) The flood hazard areas of the City of Allen are subject to peri— odic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and ex— traordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are created by the cumulative effect of obstr-uctions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. SECTION C. STATEMENT OF PURPOSE It is the purpose of this ordinance 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; f2) 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 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 minimize future flood blight areas; (7) Insure that potential buyers are notified that property is in a -- flood area; (8) Establish flood plain limits based on proposed fully developed - - watershed conditions; (9) Preserve the existing flowage [conveyance] in the flood plain; (10) Allow no rise in 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. 1 (13) Preserve stands of trees and other environmental features within the flood plain. SECTION D. METHODS OF REDUCING FLOOD LOSSES To accomplish said purposes, this ordinance: (1) Restricts or prohibits uses that are dangerous to health, safety or property in times of flood, or causes 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 floodplains, 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) Regulates the construction of flood barriers which will un— naturally divert flood waters or which may increase flood hazards to other lands; (6) Prevents the construction of new private dwellings and regulates public and private facilities within the flood hazard area. 2 ARTICLE 2 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. APPEAL — means a request for a request for a review of the Flood Plain Administrator's interpretation of any provision of this ordinance or a request for a variance. AREA OF SHALLOW FLOODING — means a designated A0, AH, or VO zone on a com— munity'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 within a com— munity 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). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, A0, A99, V0, V1-30, VE or V. Related to the City of Allen's Flood Plain Management Policy, the flood hazard area is based on a fully developed watershed. BASE FLOOD — means the flood having a one percent chance of being equalled or exceeded in any given year, based on a fully developed watershed. The base flood data to be used for design and planning should be from an Albert H. Halff Associates, Inc. study entitled Linear Greenbelt Study for the City of Allen, Texas. CONVEYANCE — is the measure of the carrying capacity of a stream's cross section and is directly proportional to discharge. Factors accounted for by conveyance are: depth of flow, cross sectional area and retardness coeffi— cient, Manning's N. CRITICAL FEATURE — means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT — means any man—made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling,,grading, paving, excavation or drilling operations. ELEVATED BUILDING — means a nonbasement building (i) built, in the case of a building in Zones Al -30, AE, A, A99, A0, AH, B, C, X. or D. to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of -the building during a flood of up to the magnitude of the base flood. In the case of Zones Al -30, AE, A, A99, A0, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foun— dation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the course of Zones V1-30, VE, or V. "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations. EXISTING CONSTRUCTION — means for the purposes of determining rates, struc— tures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." 3 FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters. (2) the unusual and rapid accumulation or runoff of surface waters - from any source. FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY - is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary - Floodway Map. FLOOD PLAIN OR FLOOD -PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically in- cludes dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOODWAY (REGULATORY FLOODWAY) - means the channel of a river 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. 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 neces- sary for the loading and unloading of cargo or passengers,and ship building and ship repair facilities, but does not include long-term storage or re- lated manufacturing facilities. HIGHEST ADJACENT GRADE- means the highest 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 embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from tem- porary flooding. LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR - means the lower floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or 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 requirement of Section 60.3 of the National Flood Insurance Program regulations. - MANUFACTURED HOME - means a structure, transportable in one or more sec- tions, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured homes" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the 4 term "manufactured home' does not include park trailers, travel trailers, and other similar vehicles. MANUFACTURED HOME PARR 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 — means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. RIVERINE — means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. - NEW CONSTRUCTION — means, for flood plain management purposes, structures for which the "start of construction" commence on or after the effective date of a flood plain management regulation adopted by a community. START OF CONSTRUCTION — (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348), includes substantial improvement and means the date the building perm -.t was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 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 installa— tion of piles, the construction 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 preparation, 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 foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. STRUCTURE — means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL IMPROVEMENT — means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure -has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building com— mences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project 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 listed on the National Register of Historic Places or a State Inventory of Historic Places. VARIANCE — means a grant of relief to a person from the requirements of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner other— wise prohibited by this ordinance. (For full requirements see Section 60.6 of the National Flood Insurance program regulations.) VIOLATION — means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Sections 60.3 (b) (5) , (c) (4) , (c) (10) , (d) (3) , (e) (2) , (e) (4) , or (e) (5) of the National Flood Insurance Program -regulations is pr-esumed to be--in-violation until such time as that documentation is provided. 5 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 in the flood plains of coastal or riverine areas. 0 ARTICLE 3 GENERAL PROVISIONS SECTION A. LANDS,TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of Allen, Texas. SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD 1. FEMA FIA MAPS The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Allen," dated August 1977, with accompanying Flood Insurance Rate Maps and Flood Hazard Boundary—Floodway Maps 9FIRM AND FHBM) and revision thereto are hereby adopted by reference and declared to be a part of this ordinance. 2. FLOOD PLAIN MANAGEMENT The planning and design of structures adjacent to the base flood elevation should be based on a planning and engineering report entitled Linear Greenbelt Study for the City of Allen, Texas dated October 2, 1986, by Albert H. Halff Associates, Inc. is to be hereby adopted by reference and declared to be a part of this ordinance. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be required to ensure conformance with the provi— sions of this ordinance. SECTION D. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. SECTION E. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restriction shall prevail. SECTION F. INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: (1) considered as minimum requirements; (2) liberally constructed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State --statutes. SECTION G. WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineer— ing considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man—made or natural causes. This or— dinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision law— fully made thereunder. 7 ARTICLE 4 ADMINISTRATION SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The City Engineer is hereby appointed to administer and implement the provi- sions rovisions of this ordinance (and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to flood plain management. (Hereinafter referred to as the Flood Plain Administrator FPA). SECTION B. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following: (1) Maintaining and holding open for public inspection all records --- pertaining to the provisions of this ordinance; (2) Reviewing permit application to determine whether proposed build- ing site will be reasonably safe from flooding. (3) Reviewing, approving or denying all applications for development - permits required by adoption of this ordinance. (4) Reviewing permits for proposed development to assure that all - necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. (5) Interpreting where needed 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). (6) Notifying in riverine situations, adjacent communities and the - State Coordinating Agency which is the Texas Water Commission, prior to any alteration or relocation of a watercourse, and submit the evidence of such notification to the Federal Insurance Administration; (7) Assuring that the flood carrying capacity within the altered or - relocated portion of any watercouse is maintained. (8) Obtaining, reviewing and reasonably utilize any base flood eleva- - - tion data and floodw ay data available from a Federal, state or other source, in order to administer the provisions of Article 5. When base flood elevation data has not been provided in accordance with Article 3, Section B.2. (9) Requiring that no new construction, substantial improvements, or - other development (including fill) shall be permitted within Zones A--30 and AE on the community's FIRM, when a regulatory floodway has not been designated, 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. SECTION C. PERMIT PROCEDURES (1) Application for a Development Permit shall be presented to the - Flood Plain Administrator (FPA) on forms furnished by him/her 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, and the location of the foregoing in relation to areas of special flood :3 hazard. A Development Permit is required of all projects which are within 100 feet of the base flood of streams which drain 160 acres or more: Additionally, the following information is required: a. A vicinity map drawn to scale; b. A map drawn to scale illustrating existing woodlands within and 100 feet from the base flood delineation, and adjoining property; c. A map illustrating acreage figures for the entire tract, the area within the base flood, and the area to be filled; d. A description of the hydrology and hydraulic analyses conducted and the sources of the input information and models used; e. An erosion control analysis; f. Stream cross sections should be plotted from surveyed channel cross sections derived from field surveyed stream cross sec— tions performed at 200 foot intervals. g. A project area map showing channel cross sections derived from on-the—ground survey; h. A project area map showing one foot contour elevations plotted from survey cross sections and accompanying base flood eleva— tions for each cross section. i. A project map, in plan view, with one foot contour interval and channel cross sections of proposed flood plain modifica— tion and resulting water surface elevations of the base flood; j. A water surface profile and channel bottom profile of the existing and proposed conditions for the base flood; k. A summary report documenting methodology and results of flood plain modification. 1. A preliminary plat of the existing and proposed base flood area and a map showing the relationship of the base flood area to the entire tract; M. Elevation in relation to mean sea level, of the lowest floor including basement) of all new and substantially improved structures; should be in accordance with the minimum standards established in Article 5 of this ordinance; n. Elevation in relation to mean sea level to which any non— residential structure shall be floodproofed; o. A certificate from a registered professional engineer or architect that the non—residential floodproofed structure shall meet the floodproofing criteria of Article 5, Section B (2) ; p. Description of the extent to which any watercourse or natural drainage is proposed to be altered or relocated as a result of proposed development. q. A record of all such information in accordance with Article 4, Section (B)(1) shall be maintained. (2) Approval or denial of a Development Permit by the Floodplain - - Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: W7 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 in- dividual owner; c. The danger that materials may be swept onto other lands thereby injurying others; d. The compatibility of the proposed use with existing and an- ticipated development; e. The safety of access to the property in times of flood for ordinary and emergency vehicles; f. 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. g. 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; h. The necessity to the facility of a waterfront location, where applicable; i. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; j. The relationship of the proposed use to the comprehensive plan for that area, and the guidelines contained in the Linear Greenbelt Study (Oct. 1986). SECTION D. VARIANCE PROCEDURES (1) The Appeal Board as established by the City Council shall hear and render judgement on requests for variances from the requirements of this ordinance. (2) The Appeal Board consisting of the City Council or its appointed designee shall hear and render judgement on an appeal only when it is al- leged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. (3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decisions in the courts of competent jurisdiction. (4) The Flood Plain Administrator shall maintain a taped, written, etc. record of all actions involving an appeal and shall, upon request, report variances to the Federal Emergency Management Agency. (5) Variances may be issued 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 ordinance. (6) Variances may be issued for new construction and substantial improve- ments to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C (2) of this Article have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. 10 (7) Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Article 1, Sections C and D). (8) Variances shall not be issued within any designated floodplain if any increase in flood levels during the base flood discharge would result. (9) Prerequisites for granting variances: a. Variances shall only be issued upon a determination that: (i) the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, increase nuisances, cause fraud on or victimization of the public, or conflict with existing federal or state laws and/or local codes and ordinances and (ii) the variance is the minimum necessary, considering the flood hazard, to afford relief. b. Any variance granted shall be tied to an engineering site plan that delineates the specific variance, any conditions attached thereto, and the full nature of compliance with all applicable municipal plans, codes, and ordinances. C. Variances shall only be issued upon the presentation of clear and convincing evidence that failure to grant the variance would result in exceptional hardship to the applicant. (10) Variances may be issued by a community for new construction and sub— stantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outline in Article 4, Section D (1)—(9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. 11 ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: (1) Substantial improvements shall 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; (2) Substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) Substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; (4) Substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to mini- mize or eliminate infiltration of flood waters into the system and discharges from the systems into flood waters; and, (7) On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B.2, (ii) Article 4, Section B, (7), or (iii) Article 5, Section D, (3) the following provisions are required. (1) Residential Construction - New Construction or substantial improvement of any residential structure shall have the lowest floor, including base- ment, elevated a minimum of two feet above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection, as proposed in Article 4, Section C (1)m, is satisfied. (2) Non-residential Construction - New Construction or substantial improve- ment of any commercial, industrial or other non-residential structure shall have the lowest floor, including basement, at or above the level of the base flood elevation or, together with attendant utility and sanitary facilities, be floodproof ed so that below the base flood level the structure is water tight 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 submit a certification to the Floodplain Administrator. (3) Enclosures - new construction and substantial improvements, with 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 exit of floodwaters. Designs for meet- ing this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: 12 a. 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. b. The bottom of all openings shall be no higher than one foot above grade. C. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured Homes a. Require that all manufactured homes to be placed two feet above the base flood elevation or Zone A. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, col- lapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring require- ments for resisting wind forces. b. All manufactured homes shall be in compliance with article 5, Section B (1). C. Require that all manufactured homes be placed or substantially improved Zones Al -30, AH and AE on the community's FIRM be elevated on a permanent foundation such that the lowest floor of the manufactured home is two feet above the base flood elevation, and be securely anchored to an adequately anchored foundation system in accordance with the provision of Section B(4) of this Article. SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS (1) All subdivision proposals including manufactured home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this ordinance. (2) All proposals for the development of subdivisions including manufactured home parks and subdivisions shall meet the Development permit requirements of Article 3, Section C. Article 4, Section C, and provisions of Article 5 of this ordinance. (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including manufactured home parks and subdivisions pursuant to Article 3, Section B or Article 4, Section B (8) of this ordinance. (4) All subdivision proposals including manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals including manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructued to minimize or eliminate flood damage. SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES) Located within the areas of special flood hazard established in Article 3, Section B are areas designated as shallow flooding. These areas have spe- cial flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: (1) All new construction and structures shall have the lowest the highest adjacent grade or above munity's FIRM (at least two feet if substantial improvements of residential floor, including basement, elevated the depth number specified on the no depth number is specified). 13 above com- (2) All new construction and substantial improvements of nonresiden— tial structures shall: (i) Have the lowest floor, including basement, elevated above the highenst adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or; (ii) together with attendant utility and sanitary facilities be com— pletely floodproofed to or above that level so that any space below that level 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. (3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C (1) (m), are satisfied. (4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. SECTION E. FLOODWAYS Floodways — located within areas of special flood hazard established in Article 3, Section B, are areas designated as floodw ays. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply; (1) Encroachments are prohibited, including fill, new construction, substantial improvements and other development unless approved by the Flood Plain Administrator certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge. (2) If Article 5, Section E (1) above is satisfied, all new construc— tion and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. 14 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE AIE, the undersigned authority, on this day personally appeared R. WAYNE WEDGENVORTH, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not loss freyucntly than once a week, having a general circulation in said county, and having been published regularly and continuously for more than twClve nwnths prior to publishing Public Notice - Ord. #793-5-87 of which the attached is a true and written copy, and which was published in THE ALLEN AkIERICAN on May 31, 1987 and June 3, 1987 and which was issued onMay 31, 1987 of Collin County, Texas. A printed copy of said publication 441 ttach SUBSCRIBED AND SWORN to before me this 21st Publisher's fee S 39 .60 '" r C .CITY OF ALLEN `PUBLIC NOTICE 1 r Notice is' hereby given . that the following ordinance was*adopted by the , ANen City Council at their regular meeting held .on Thursday' May 21, 1987 (Title and Penalty Clause only). Ordinance No.,793-5-87: An Ordinance of the'City of ANen, Collin County, Texas, Repealing City of Allen -Ordinance No. 240; Creating -a Master Flood Hazard Preven- tion Plan; Creating Methods of Reducing Flood Losses and -Statement of ,purpose; Providing for A Definitions; i Providing for General Provisions; Providing. for Provi- sions for Flood Hazard Reduction; Provid- ing for a Penalty; Providing for a Severabili- ty Clause; Providing foi• an Effective Date; Providing , for Attachment of Exhibit "A'; and Providing .for, Publication of the Caption. ` .� Iw That any person, firm, oecorporation violat- ing,any.of the prbvisioneor terms of this ordinance shall'be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not exceeding one thousand dollars ($1,000:00) for each violation,' and that each day such violation ,shall continue to exist constitutes a sepa- rate offense. , Copies of this ordinance may be read or purchased in the office -of the City -Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. & Marty Heerix-, CMC SEC11 i;Qt�j (TO BE PUBLISHED WTHE ALLEN AMERICAWON WAY,MAl'31,,1987 AND WEDNESDAY, JUNE 3, 1987.) day of J u 1 the City 9f Allen , A.D. 1987 Notary Publ c in and for Collin County, Texas CITY OF ALLEN PUBLIC NOTICE ,-.e��`�' 'g Notice is hereby given that they.}�57 followin�•r!Ag ordinance was adopted by the Allen City Council at their regular meeting held on Thursday May 21, 1987 (Title and Penalty Clause only). - Ordinance No. 793-5-87: An Ordinance of the City of Allen, Collin County, Texas, Repealing City of Allen Ordinance No. 240; Creating a Master Flood Hazard Preven- tion Plan; Creating Methods of Reducing Flood Losses and Statement, of purpose; Providing for Definitions;. Providing for General Provisions; Providing for Provi- sions for Flood Hazard Reduction; Provid- ing for a Penalty; Providing for a Severabili- ty Clause; Providing for an Effective Date; Providing for Attachment of Exhibit "A"; and Providing for Publication of the Caption. That any person, firm, orcorporation violat- ing any of the provisions or terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not exceeding one thousand dollars ($1,000.00) for each violation, and that each day such violation shall continue to exist constitutes a' sepa- rate offense. Copies of this ordiriance!may, be, read or purchased in the office of,the City Secret- ary, City of Allen, Orie Butler Circle, Allen, Texas 75002. Marty,Hendrix, CMC CITY SECRETARY (TO BE;P,UBLISHED IN THE$ALLEN AMERICAN ON SUNDAY, MAY 31, 1987 AND WEDNESDAY, JUNE 3, 1987.)