HomeMy WebLinkAboutO-1379-11-95ORDINANCE NO. 1379-11-95
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
REPEALING CHAPTER 5.5, "FLOOD DAMAGE PREVENTION," OF THE
ALLEN CODE OF ORDINANCES AND REPEALING CITY OF ALLEN
ORDINANCE NO. 1030-4-91; 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
DATE; PROVIDING FOR ATTACHMENT OF EXHIBIT "A;" AND
PROVIDING FOR PUBLICATION OF THE CAPTION.
WHEREAS, the present flood plain Ordinance No. 1030-4-91 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 January 19, 1996; 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,
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: Chapter 5.5, "Flood Damage Prevention," of the Allen Code of Ordinances and City
of Allen Ordinance No. 1030-4-91 are hereby repealed in their entirety; and all other ordinances of the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, that 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 any judgment or
decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any
other remaining phrase, clause, sentence, paragraph or section 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 Two Thousand Dollars ($2,000.00) for each violation, and each day that 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; that 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, TEXAS,
ON THE 2ND DAY OF NOVEMBER , 1995.
. r,
APPROVED AS TO FORM:
A. Do w r, CITY ATTORNEY
Ordinance No.
APPROVED:
Me Farmer, MAYOR
ATTEST:
40 /.Wj,, 41i _ ,
1379-11-95 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
59.1
ARTICLE 3
GENERAL PROVISIONS ........................
11
60.3 (d)(1)
Section A
Lands to Which This Ordinance Applies ................
11
60.3 (d)(1)
Section B
Basis for Establishing the Areas of Special Flood Hazard .....
11
14
Section C
Establishment of Development Permit .................
11
60.3 (d)(1)
Section D
Compliance ...................................
11
18
Section E
Abrogation and Greater Restrictions ...................
11
18
Section F
Interpretation ..................................
11
18
Section G
Warning and Disclaimer or Liability ...................
11
18
ARTICLE 4 ADMINISTRATION ............................ 12
Section A
Designation of Floodplain Administrator ................
12
60.3 (d)(1)
Section B
Duties & Responsibilities of Floodplain Administrator .......
12
60.3 (d)(1)
Section C
Permit Procedures ..............................
13
60.3 (d)(1)
Section D
Variance Procedures .............................
14
60.6 (a)
ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION ...... 16
Section A
General Standards ...............................
16
60.3 (d)(1)
Section B
Specific Standards ..............................
16
60.3 (d)(1)
(1)
Residential Construction ..........................
16
60.3 (d)(1)
(2)
Nonresidential Construction ........................
17
60.3 (d)(1)
(3)
Enclosures ...................................
17
60.3 (d)(1)
(4)
Manufactured Homes ............................
18
60.3 (d)(1)
(5)
Recreational Vehicles ............................
18
60.3 (d)(1)
Section C
Standards for Subdivision Proposals ...................
18
60.3 (d)(1)
Section D
Standards for Areas of Shallow Flooding ................
18
(AO/AH Zones) ................................
19
60.3 (d)(1)
Section E
Floodways...................................
19
60.3 (d)(1)
Ordinance No. 1379-11-95 Page 3
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, flood proofed 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.
(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.
Ordinance No. 13 79-11-9 5 Page 4
(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. 1 3 7 c) —1 1— A r-, 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 equaled 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 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.
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 V 1-
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 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.
Ordinance No. 1379-11-95 Page 6
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).
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.
Ordinance No. 1379-11-95 Page 7
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;
(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".
Ordinance No. 1379-11-95 Page 8
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.
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; (ii) 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
Ordinance No. 1379-11-95 Page 9
alteration of a "historic structure", provided that the alteration will not preclude the structure's continued
designation as a "historic structure."
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. 1379-11-95 Page 10
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 FIA 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
January 19. 1996, 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 adjacent to the base flood elevation should be on planning and engineering
based on ultimate development in the flood plain, such as 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.
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. 1379-11-95 Page 11
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 and 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 Natural Resource Conservation 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.
(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.
Ordinance No. 1379-11-95 Page 12
(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. Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new
and substantially improved structures;
b. Elevation in relation to mean sea level to which any nonresidential structure shall be flood proofed;
A certificate from a registered professional engineer or architect that the nonresidential flood
proofed structure shall meet the flood -proofing criteria of Article 5, Section B(2);
d Description of the extent to which any watercourse or natural drainage will be altered or
relocated as a result of proposed development.
Maintain a record of all such information in accordance with Article 4, Section (13)(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:
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;
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;
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;
Ordinance No. 1379-11-95 Page 13
The availability of alternative locations, not subject to flooding or erosion damage, for the
proposed use;
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.
(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 Q.
(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.
Ordinance No. 1379-11-95 Page 14
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.
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(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.
Ordinance No. 1379-11-95 page 15
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.
(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 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 and effects of buoyancy. A registered professional
Ordinance No. 1379-11-95 Page 16
engineer or architect shall develop and/or review structural design, specifications, and plans for
the construction, and shall certify that the design and methods of construction are in accordance
with accepted standards of practice as outlined in this subsection. A record of such certification
which includes the specific elevation (in relation to mean sea level) to which such structures are
flood proofed shall be maintained by the Floodplain Administrator.
(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 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.
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 -
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.
b. Require that manufactured homes that are placed or substantially improved within Zones A1-
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.
Ordinance No. 1379-11-95 page 17
(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.
(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.
Ordinance No. 1379-11-9 , Page 18
(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.
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. 1379-11-95 page 19
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 #1379-11-9
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
November 8 & November 11. 1995
and which was issued on
November 8,1995
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said publication is attached hereto.
— (&/,; Z�,I�
SUBSCRIBED D WORN to before me this
1� d A.D. 19
NOTARY PUBLIC in and for COLLIN COUIS4Y. TEXAS
Publisher's fee x 4 6. 7 6
V. A. TODD
MY COMMISSION EXPIRES
December 5, 1996
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen
City Council adopted the following ordi-
nance at their regular meeting held on
Thursday, November 2, 1995 (Title and
Penalty Clause only):
Ordinance No. 1379-11-95: An Ordi-
nance ofthCWy o ei A1Co7Gn County,
Texas, Repealing City of Allen Ordinance i
No. 1030-4-91; Creating a Master Flood
Hazard Prevention Plan; Creating Meth-
ods of Reducing Flood Losses and State-
ment of Purpose; Providing for Defini-
tions; Providing for General Provisions;
Providing for Provisions of Flood Hazard
Reduction; Providing for a Penalty; Pro-
viding for Severability Clause; Providing
for an Effective Date; Providing for Attach-
ment of Exhibit "A"; and Providing for
Publication of the Caption.
That any person, firm or corporation vi-
olating 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 Two
Thousand Dollars ($2,000) for each viola-
tion, and each day that such violation
shall continue to exist constitutes a sepa-
rate offense.
A copy of this ordinance may be read
or purchased in the office of the City Sec-
retary, City of Allen, One Butler Circle,
Allen, Texas 75013.
/s/Judy Morrison
City Secretary
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen,,
City Council adopted the following ordi-'
nance at their regular meeting held on
Thursday, November 2, 1995 (Title and
Penalty Clause only):
Ordinance No. 1379-11-95: An Ordi-
nance of tTe—CUy—of Allen,Uy-o Collin County, j
Texas, Repealing City of Allen Ordinance
No. 1030-4-91; Creating a Master Flood
Hazard Prevention Plan; Creating Meth-
ods of Reducing Flood Losses and State-
ment of Purpose; Providing for Defini-
tions; Providing for General Provisions;
Providing for Provisions of Flood Hazard
Reduction; Providing for a Penalty; Pro-
viding for Severability Clause; Providing
for an Effective Date; Providing for Attach-
ment of Exhibit "A"; and Providing for
Publication of the Caption.
That any person, firm or corporation vi-
olating 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 Two i
Thousand Dollars ($2,000) for each viola-
tion, and each day that such violation
shall continue to exist constitutes a sepa-
rate offense.
A copy of this ordinance may be read
or purchased in the office of the City Sec-
retary, City of Allen, One Butler Circle,
Allen, Texas 75013.
/s/Judy Morrison
— — F City Secretary