HomeMy WebLinkAboutO-1030-4-91ORDINANCE NO. 1030-4-91
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
REPEALING CITY OF ALLEN ORDINANCE NO. 793-5-87; 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
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. 793-5-87 is based on a flood plain
delineation resulting from a 1977 watershed condition; 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 New FIRM Flood Insurance Rate Map's for Collin County, Texas and
Incorporated Areas are issued with an Effective date of April 2, 1991; 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 Inter -jurisdictional 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 Inter -jurisdictional Task Force.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS THAT:
SECTION 1: 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SECTION 2: City of Allen Ordinance No. 793-5-87 is hereby repealed in its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of this ordinance be and the same are hereby repealed; provided, however, all other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: 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 judgement 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: 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: 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.
CERTIFICATION:
It is hereby found and 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 infliction of serious personal 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 AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, ON THIS THE 18TH DAY OF APRIL, 1991.
APPROVED:
(27Jo6 Farmer, MAYOR
APPROVED AS TO FORM: ATTEST:
A. Don A RNEY J y M on, CITY SECRETARY
Ordinance No. 1030-4-91 Page 2
EXHIBIT "A"
FLOOD DAMAGE PREVENTION ORDINANCE
OUTLINE
Cross Ref.
Page NFIP Regs .
ARTICLE 1 STATUTORY AUTHORIZATION FINDING OF
FACT PURPOSE AND METHODS . . . . . . . . . . . 4
Section A Statutory Authorization . . . . . . . . . . . . . . . . 4
Section B Findings of Fact . . . . . . . . . . . . . . . . . . . . 4
Section C Statement of Purpose . . . . . . . . . . . . . . . . . 4
Section D Methods of Reducing Flood Losses . . . . . . . . . . 5
ARTICLE 2 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . 6
ARTICLE 3 GENERAL PROVISIONS . . . . . . . . . . . . . . . . 12
Section A
Lands to Which This Ordinance Applies . . .
. . . . 12
Section B
Basis for Establishing the Areas of
Duties & Responsibilities of Floodplain
(1)
Special Flood Hazard . . . . . . . . . . . . . .
. . . . 12
Section C
Establishment of Development Permit . . . . .
. . . . 12
Section D
Compliance . . . . . . . . . . . . . . . . . . .
. . . . 12
Section E
Abrogation and Greater Restrictions . . . . .
. . . . 12
Section F
Interpretation . . . . . . . . . . . . . . . . .
. . . . 13
Section G
Warning and Disclaimer or Liability . . . . . .
. . . . 13
ARTICLE 4 ADMINISTRATION . . . . . . . . . . . . . . . . . . . 14
59.1
60.3 (d)(1)
60.3 (d)(1)
60.3 (d)(1)
60.3 (d)(1)
Section A
Designation of Floodplain Administrator . . .
. . . . 14
Section B
Section B
Duties & Responsibilities of Floodplain
(1)
Residential Construction . . . . . . . . . . . .
. . . 19
Administrator . . . . . . . . . . . . . . . . .
. . . . 14
60.3 (d) (1)
Section C
Permit Procedures . . . . . . . . . . . . . . .
. . . . 15
60.3 (d) (1)
Section D
Variance Procedures . . . . . . . . . . . . . .
. . . . 17
60.6 (a)
ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION . . 19
Section A
General Standards . . . . . . . . . . . . . . . .
. . . 19
Section B
Specific Standards . . . . . . . . . . . . . . . .
. . . 19
(1)
Residential Construction . . . . . . . . . . . .
. . . 19
(2)
Nonresidential Construction . . . . . . . . . .
. . . 20
(3)
Enclosures . . . . . . . . . . . . . . . . . . . .
. . . 20
(4)
Manufactured Homes . . . . . . . . . . . . . . .
. . . 21
(5)
Recreational Vehicles . . . . . . . . . . . . . .
. . . 21
Section C
Standards for Subdivision Proposals . . . . . .
. . . 21
Section D
Standards for Areas of Shallow Flooding
(AO/AH Zones) . . . . . . . . . . . . . . . . .
. . . 22
Section E
Floodways . . . . . . . . . . . . . . . . . . .
. . . . 23
Ordinance No. 1030-4-91 Page 3
60.3 (d)(1)
60.3 (d)(1)
60.3 (d)(1)
60.3 (d)(1)
60.3 (d)(1)
60.3 (d)(1)
60.3 (d)(1)
60.3 (d)(1)
60.3 (d)(1)
60.3 (d)(1)
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 of local governmental units 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 FACT
(1) The flood hazard areas of the City of Allen are subject to periodic inundation
which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, and extraordinary public
expenditures for flood protection and relief, all of which adversely affect the
public health, safety and general welfare.
(2) These flood loses are created by the cumulative effect of obstructions 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;
(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) 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; and
(7) Insure that potential buyers are notified that property is in a flood area.
Ordinance No. 1030-4-91 Page 4
SECTION C. STATEMENT OF PURPOSE (Cont'd)
(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 ultimate development 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 flood
plain.
SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in
times of flood, or cause excessive increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains , stream channels, and natural
protective barriers, which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may increase
flood damage;
(5) Prevent or regulate the construction of flood barriers which will unnaturally
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.
Ordinance No. 1030-4-91 Page 5
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.
ALLUVIAL FAN FLOODING - means 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 - means a 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 - means a designated AO, AH, 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 within a community
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
rate -making has been completed in preparation for publication of the FIRM, Zone A
usually is refined into Zones A, AE, AH, AO, Al -99, VO, V1-30, VE or V.
BASE FLOOD - means the flood having a one percent chance of being equalled or
exceeded in any given year.
BASE FLOOD - ULTIMATE DEVELOPMENT - means the flood having a one percent
chance of being equalled or exceeded in any given year, based on a fully developed
watershed. The data to be used for design and planning should be from the Albert H.
Halff Associates, Inc. study entitled Linear Greenbelt Study for the City of Allen,
Texas.
BASEMENT - means any area of the building having its floor sub -grade (below ground
level) on all sides.
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 or storage of equipment or materials.
Ordinance No. 1030-4-91 Page 6
ELEVATED BUILDING - means a non -basement building (i) built, in the case of a
building in Zones Al -30, AE, A, A99, AO, AH, B, C, X, and 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 theground
level by means of pilings, columns (posts and piers), or shear walls parallel to the floor
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, AO, AH, B, C, X, and D, "elevated building" also includes
a building elevated by means of fill or solid foundation perimeter walls with openings
sufficient to facilitate the unimpeded movement of flood waters. In the case 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 met the standards of Section 60.3 (e) (5) of the
National Flood Insurance Program regulations.
EXISTING CONSTRUCTION - means for the purposes of determining rates, structures
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. "
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured
home park or subdivision for which the construction of facilities for servicing the lots
on 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) is completed before the effective date of the floodplain
management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means
the preparation of additional sites by the construction of facilities for servicing the lots
on which the manufactured homes are to be affixed (including the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) .
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.
FLOODPLAIN OR FLOOD -PRONE AREA - means any land area susceptible to being
inundated by water from any source (see definition of flooding) .
Ordinance No. 1030-4-91 Page 7
FLOODPLAIN MANAGEMENT - means 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 - means zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as
a floodplain ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local regulations, in any
combination thereof, which provide standards for the purpose of flood damage
prevention and reduction.
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 includes hurricane tidal barriers, dams, reservoirs,
levees or dikes. These specialized flood modifying works are those constructed in
conformance with sound engineering standards.
FLOOD PROOFING - means any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures and their
contents.
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 more than a
designated height.
FUNCTIONALLY DEPENDENT USE - means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term
includes only docking facilities, port facilities that are necessary for the loading and
unloading of cargo or passengers, and ship building and ship repair facilities, but does
not include long-term storage or related 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.
HISTORIC STRUCTURE - means 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;
Ordinance No. 1010-4-91 Page 8
HISTORIC STRUCTURE - (Cont'd)
(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 or historic places in communities with
historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the
Interior or;
(2) Directly by the Secretary of the Interior in states without approved
programs.
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 temporary 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 lowest 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 sections,
which is built on a permanent chassis and is designed for use with or without a
permanent foundation when connected to the required utilities. The term
"manufactured home" does not include a "recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL - 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.
NEW CONSTRUCTION - means, for the purpose of determining insurance rates,
structures for which the "start of construction" commenced on or after the effective
date of an initial FIRM or after December 31, 1974, whichever is later, and includes any
subsequent improvements to such structures. For floodplain management purposes,
"new construction" means structures for which the "start of construction" commenced
on or after the effective date of a floodplain management regulation adopted by a
community and includes any subsequent improvements to such structures.
Ordinance No. 1030-4-91 Page 9
NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park
or subdivision for which the construction of facilities for servicing the lots on 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) is completed on or after the effective date of floodplain management
regulations adopted by a community.
RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (h)
400 square feet or less when measured at the largest horizontal projections; (iii)
designed to be self-propelled or permanently towable by a light duty truck; and (iv)
designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
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 permit was issued, provided
the actual start of construction, repair, reconstruction, rehabilitation, addition,
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 installation 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 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 part of the main structure. For a substantial improvement, the
actual start of construction means the first alteration of any wall, ceiling, floor, or
other structural part of a building, whether or not that alteration affects the external
dimensions of the building.
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 DAMAGE - means 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 IMPROVEMENT - means any 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 before "start of construction" of the improvement. This
includes structures which have incurred "substantial damage", regardless of the actual
repair work performed. The term does not, however, include either: (1) Any project
for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary conditions or (2) Any
alteration of a "historic structure", provided that the alteration will not preclude the
structure's continued designation as a "historic structure . "
Ordinance No. 1030-4-91 Page 10
VARIANCE - is a grant of relief to a person from the requirement of this ordinance when
specific enforcement would result in unnecessary hardship. A variance, therefore,
permits construction or development in a manner otherwise 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 floodplain management regulations. A structure or other
development without the elevation certificate, other certifications, or other evidence of
compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or
(e) (5) is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
Ordinance No. 10 3 0 _ 4 _ g l Page 11
ARTICLE 3
GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall apply to all areas of special flood hazard with the jurisdiction of
City of Allen, Texas.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
1. FEMA FIRM & FBFM MAPS
The areas of special flood hazard identified by the Federal Emergency Management
Agency in a scientific and engineering report entitled, "The Flood Insurance Study for
Collin County, Texas and Incorporated Areas," dated April 2, 1991, with accompanying
Flood Insurance Rate Maps and Flood Boundary- Floodway Maps (FIRM and FBFM) and
any revisions thereto are hereby adopted by reference and declared to be a part of this
ordinance.
2. ULTIMATE DEVELOPMENT STUDY
The planning and design of structures adjac6nt to the base flood elevation should be on
planning and engineering based on ultimate development. The source data is found in
the Linear Greenbelt Study for the City of Allen dated October 2, 1986, by Albert H.
Halff Associates, Inc. This study is 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 provisions 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 restrictions shall prevail.
Ordinance No. 1030-4-91 Page 12
SECTION F. INTERPRETATION
In the interpretation and application of this ordinance, all provisions shall be; (1)
considered as minimum requirements; (2) liberally construed 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 OR LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. On rare
occasions greater floods can and will occur and flood heights may be increased by man-
made or natural causes. This ordinance 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 lawfully made thereunder.
Ordinance No. 1030-4-91 Page 13
ARTICLE 4
ADMINISTRATION
SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The City Engineer is hereby appointed the Floodplain Administrator to administer and
implement the provisions of this ordinance and other appropriate sections of 44 CFR
( National Flood Insurance Program Regulations) pertaining to floodplain management.
SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
Duties and responsibilities of the Floodplain Administrator shall include, 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 permit application to determine whether proposed building site, including
the placement of manufactured homes, will be reasonably safe from flooding.
(3) Review, approve or deny all applications for development permits required by
adoption of this ordinance.
(4) Review 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) Where interpretation is 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 Floodplain
Administrator shall make the necessary interpretation.
(6) Notify, 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 evidence of such notification to the
Federal Emergency Management Agency.
(7) Assure that the flood carrying capacity within the altered or relocated portion of
any watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance with Article
3, Section B, the Floodplain Administrator shall obtain, review and reasonably
utilize any base flood elevation data and floodway data available from a Federal,
State or other source, in order to administer the provisions of Article 5.
Ordinance No. 1010-4-91, Page 14
SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
(Cont'd)
(9) When a regulatory floodway has not been designated, the Floodplain
Administrator must require that no new construction, substantial improvements,
or other development (including fill) shall be permitted 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 more than one foot at any point within the community.
(10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Program regulations, a community may approve certain development
in Zones Al -30, AE, AH, on the community's FIRM which increases the water
surface elevation of the base flood by more than one foot, provided that the
community first applies for a conditional FIRM revision through FEMA.
SECTION C. PERMIT PROCEDURES
(1) Application for a Development Permit shall be presented to the Floodplain
Administrator 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,
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:
a. A vicinity map drawn to scale;
b . A map drawn to scale illustrating existing woodlands with 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 sections 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 elevations for each cross
section;
Ordinance No. 1030-4-91 Page 15
SECTION C. PERMIT PROCEDURES (Cont'd)
i. A project map, in plan view, with one foot contour interval and channel
cross sections of proposed flood plain modifications 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 preliminary plat of the existing and proposed base 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;
n. Elevation in relation to mean sea level to which any nonresidential structure
shall be floodproofed;
o. A certificate from a registered professional engineer or architect that the
nonresidential floodproofed structure shall meet the flood -proofing criteria
of Article 5, Section B(2);
p. Description of the extent to which any watercourse or natural drainage will
be altered or relocated as a result of proposed development.
q. Maintain a record of all such information in accordance with Article 4,
Section (B) (1) .
(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:
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 danger that materials may be swept onto other lands to the injury of
others;
d. The compatibility of the proposed use with existing and anticipated
development;
e . The safety of access to the property in times of flood for ordinary and
emergency vehicles;
Ordinance No. 10'10-4-91 Page 16
SECTION C. PERMIT PROCEDURES (Cont'd)
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 community shall hear and render
judgement on requests for variances from the requirements of this ordinance.
(2) The Appeal Board shall hear and render judgement on an appeal 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
ordinance.
(3) Any person or persons aggrieved by the decision of the Appeal Board may
appeal such decision in the courts of competent jurisdiction.
(4) The Floodplain Administrator shall maintain a record of all actions involving an
appeal and shall report variances to the Federal Emergency Management Agency
upon request.
Ordinance No. i o 3 0 - 4 - 91 Page 17
SECTION D. VARIANCE PROCEDURES (Cont'd)
(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 improvements 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.
(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, Section C) .
(8) Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
(9) 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
structure.
(10) Prerequisites for granting variances:
a. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
b. Variances shall only be issued upon, (i) showing a good and sufficient
cause; (ii) a determination that failure to grant the variance would result
in exceptional hardship to the applicant, and (iii) a determination that the
granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, create nuisances,
cause fraud on or victimization of the public, or conflict with existing local
laws or ordinances.
c . Any application to whom 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.
(11) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a
functionally dependent use provided that (i) the criteria outlined in Article 4,
Section D(l)-(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.
Ordinance No. 1030-4-91 Page 18
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) All new construction or 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) All new construction or substantial improvements shall be constructed by
methods and practices that minimize flood damage;
(3) All new construction or substantial improvements shall be constructed with
materials resistant to flood damage;
(4) All new construction or 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 minimize or
eliminate infiltration of flood waters into the system and discharge 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, (ii) Article 4, Section B(8), or (iii) Article 5,
Section C(3), the following provisions are required:
(1) Residential Construction - new construction and substantial improvement of any
residential structure shall have the lowest floor (including basement) , elevated
to or 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)a., is satisfied.
Ordinance No. 1 o i o - 4 - 91 Page 19
(2) 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 or above the base flood level
or together with attendant utility and sanitary facilities, be designed so
thatbelow the base flood level 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 floodproofed shall be maintained by the Floodplain
Administrator.
(3) 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:
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 within Zone A on a
community's FHBM or FIRM shall be installed using methods and practices
which minimize flood damage. For the purposes of this requirement,
manufactured homes must be elevated and anchored to resist flotation,
collapse, 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
requirements for resisting wind forces.
Ordinance No. 1030-4-91 Page 20
(4) Manufactured Homes - (Cont'd)
b. Require that manufactured homes that are placed or substantially improved
within Zones Al -30, AH, and AE on the community's FIRM on sites (i)
outside of a manufactured home park or subdivision, (ii) in a new
manufactured home park or subdivision, (iii) in an expansion to an existing
manufactured home park or subdivision, or (iv) in an existing manufactured
home park or subdivision on which a manufactured home has incurred
"substantial damage" as a result of a flood, be elevated on a permanent
foundation such that the lowest floor of the manufactured home is elevated
to or above the base flood elevation and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse, and
lateral movement.
c. Require that manufactured homes be placed or substantially improved on
sites in an existing manufactured home park or subdivision with Zones Al -
30, AH and AE on the community's FIRM that are not subject to the
provisions of paragraph (4) of this section be elevated so that either:
(i) the lowest floor of the manufactured home is at or above the base flood
elevation, or
(ii) the manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36
inches in height above grade and be securely anchored to an adequately
anchored foundation system to resist flotation, collapse, and lateral
movement.
(5) Recreational Vehicles - Require that recreational vehicles placed on sites within
Zones Al -30, AH, and AE on the community's FIRM either (i) be on the site for
fewer than 180 consecutive days, (ii) be fully licensed and ready for highway
use, or (iii) meet the permit requirements of Article 4, Section C(1), and the
elevation and anchoring requirements for "manufactured homes" in paragraph
(4) of this section. 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 C. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals including the placement of 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 the placement of
manufactured home parks and subdivisions shall meet Development Permit
requirements of Article 3, Section C; Article 4, Section C; and the provisions
of Article 5 of this ordinance.
Ordinance No. 1030-4-91 Page 21
SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS (Cont'd)
(3) Base flood elevation data shall be generated for subdivision proposals and other
proposed development including the placement of manufactured home parks and
subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not
otherwise provided pursuant to Article 3, Section B or Article 4, Section B (8)
of this ordinance.
(4) All subdivision proposals including the placement of manufactured home parks
and subdivisions shall have adequate drainage provided to reduce exposure to
flood hazards.
(5) All subdivision proposals including the placement of manufactured home parks
and subdivisions shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize or eliminate
flood damage.
SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES
Located within the areas of special flood hazard established in Article 3, Section B, are
areas designated as shallow flooding. These areas have special 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 where velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow; therefore, the following
provisions apply:
(1) All new construction and substantial improvements of residential structures have
the lowest floor (including basement) elevated above the highest 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) .
(2) All new construction and substantial improvements of non-residential
structures;
(i) have the lowest floor (including basement) elevated above the highest
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 designed so that
below the base flood level 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 of 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)a., 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.
Ordinance No. 1030-4-91 Page 22
SECTION E. FLOODWAYS
Floodways - located within areas of special flood hazard established in Article 3, Section
B, are areas designated as floodways . 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 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
community during the occurrence of the base flood discharge.
(2) If Article 5, Section E (1) above is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard reduction
provisions of Article 5.
(3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Regulations, a community may permit encroachments within the
adopted regulatory floodway that would result in an increase in base flood
elevations, provided that the community first applies for a conditional FIRM and
floodway revision through FEMA.
Ordinance No. 1030-4-91 Page 23
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper
published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a
general circulation in said county, and having been published regularly and continously
for more than twelve (12) months prior to publishing
Ordinance 1030-4-91
of which the attached is a true and written copy, and which was published in THE
ALLEN AMERICAN on
Wednesday April 24, 1991 & Sunday April 28, 1991
and which was issued on ALL i 1 2 4 , 19 91 _ —__—
by City of Allen of COLLIN COUNTY, TEXAS.
A printed copy of said pubLcation is attached hereto.
SWORN to before me this /o� day of,—AlA.D. 19-j/
ii? ;1�d:. VJL TODD
�. MY COMMISSION EXPIRES
Oftember 5, 1992
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 38.26 _ __
CITY OF ALLEN i
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday;
April 18. 1991 (Title and Penalty Clause
only).
Ordinance No. 1030-4-91: An Ordinance
of the City of Allen, Collin County, Texas.
Repealing City of Allen Ordinance No,
793-5-87; Creating a Master Flood Hazard
Prevention Plan, Creating Methods of Re-
ducing Flood Losses and Statement of
Purpose; Providing for Definitions, Provid-'
mg for General Provisions; Providing for
Provisions far Flood Hazard Reduction;
Providing for a Penalty; Providing for'
Severability Clause, Providing for an Effec'
five Date; Providing for Attachment of Exhi-
bit "A and Providing for Publication of the
Caption.
Any person, firm or corporation violating
any of the provisions or terms of this ord"
nance shall be deemed guilty of,a afisde,
meanor and upon conviction thereof shall
be fined a sum not to exceed one thousand
dollars ($1,000 00) for each violation, and
that each day such violation shall continue
to exist constitutes a separate offense
IA copy of this ordnance may be read on
in the office of the City Secre=,purchased
tary, City of Allen, One Butler Circle, Allenj
Texas 75002.
//s/ Judy Morrison
I ity Secretary
NTH
Federal Emergency Management Agency
Honorable Joe Farmer
Mayor, City of Allen
One Butler Circle
Allen, Texas 75002
Dear Mayor Farmer:
Region V1, Federal Center, 800 North Loop 288
Denton, Texas 76201-3698
April 29, 1991
We have examined your floodplain management ordinance and find
that it satisfactorily meets the requirements of 44 CFR, Chapter
I, Part 60.3(d) of the National Flood Insurance Program (NFIP)
regulations. Your community's continued participation is assured
by our acceptance of this ordinance.
The effective administration and enforcement of your adopted
floodplain management regulations will enable your community to
substantially reduce future flood losses through the wise
management of your floodplain. Your enforcement of the ordinance
also affects insurance premiums. Base flood elevations enforced
by your ordinance and shown on the Flood Insurance Rate Map
(FIRM) have a direct effect on the actuarial rates for insurance.
For example, in an A Zone, the rates decrease as the finished
first floor elevation of the structure increases above the base
flood levels established for your community. The FIRM supersedes
all previous maps for the purpose of determining whether
individual properties are located within the area having special
flood hazards.
You should keep us advised of any problems associated with the
administration of these regulations. If we may provide
additional assistance, please contact this office at 817-898-
5127.
RECEIVED
MAY 1 -1991
Sincerely,
�oi Jim LeGrotte, Acting Chief
Natural and -Technological
Hazards Division
CITY OF ALLEN
CITY SECRETARY
cc: George Conner, Assistant Director of Public Works
Keith Krause, Texas Water Commission