HomeMy WebLinkAbout96-0008 Flood Damage Prevention Ord.pdf60.3(b) Revised as of October 1, 1989
FLOOD DAMAGE PRM=EION ORDINANCE
ARTICLE I
STATUTORY AUTHORISATION, FINDINGS OF FACT, PURPOSE AND NETRODS
SECTION A. STATUTORY AUTHORISATION
The Legislature of the Stat. of Texas has in
(statutes) Secto 16.1311-11) delagatad the reeponaibility of local
governments un to atlopt regulations designed to minimize flood losses.
Therefore, the Ci[v Council of puna
(gaverning body) (community)
Texas , does ordain as follows:
(state)
SECTION B. FINDINGS OF FACT
(1) The flood hazard areae of Anna are subject to
periodic inundation which results in lone o ife and property, health and
safety hazard., 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 lose. are created by the cumulative effect of
obstructions in flcodplaine which cause an increase in flood height, and
velocities, and by the occupancy of flood hazards areae by uses vulnerable to
floods and hazardous to other lands because they are inadequately elevated,
floodproofed or otherwise protected from flood damage.
SECTION C. STATEN= 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 areae 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
floodplain.;
(6) Help maintain a stable tax base by providing for the sound use and
development of flood -prone areae in such a manner as to minimize future flood
blight areae; and
(7) Insure that potential buyers are notified that property Is in a flood
area.
SECTION D. MSTEGDS OF REDUCING FLOOD LOSSES
in order to accomplish its purpcess, this ordinance uses the fallowing
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.
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 - moans flooding occurring on the surface of an
alluvial tan 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 GF BBALLON FLOODING - means a designated A0, AH, or VO zone on a
community's Flood Insurance Rate Hap (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 - in the land in the floodplain within a
community subject to a one percent or greater chance of flooding in any given
year. The ars& may be designated an Zone A on the Flood Hazard Boundary Map
(FROM). After detailed ratemaking has been completed in preparation for
publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO,
A1-99, VO, V1-300 VE or V.
BASE FLOOD - means the flood having a one percent chance of being equalled or
exceeded in any given year.
BASEMENT - means any area of the building having its floor subecade (below
ground level) on all aides.
CRITICAL PERTURB - means an integral and readily identifiable part of a flood
protection eystem, 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 material..
ELEVATED BUILDING - means a nonbasement building (i) built, in the case of a
building in Zones Al -30, AE, A, A99, we AH, B, C, X, and D, to have the top
of the elevated floor, or in the cage of a building in Zones V1-30, VS, ar 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 (poste and
pier.), or shear walla 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 came of Zones AS -30,
AE, A, A99, AO, AH, Be C, X, and Of "elevated building" also includes a
building elevated by means of fill or solid foundation perimeter walls with
opening% sufficient to facilitate the unimpeded movement of flood waters. In
the came of Zones V1-30, VE, of V, "elevated building" also includes a
building otherwise meeting the definition of 'elevated building,' even though
the lower ares is enclosed by means of breakaway walla if the breakaway wall.
.at 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 NOME PARE OR SUBDIVISION - mean. a manufactured home
park or subdivision for which the construction of facilities for servicing the
lot. on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the conatruction of streets, and
either final site grading or the pouring of concrete pada) Is completed before
the effective date of the floodplain management regulations adopted by a
community.
EXPANSION To AN EXISTING MANUFACTURED SOME PARR OR SUBDIVISION - means the
preparation of additional altos 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 pada).
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 HAZARD BOUNDARY MAP (FRIM) - means an official map Of a community,
issued by the Administrator, where the boundaries of the flood, mudelide
(i.e., mudflow) related erosion areae having special hazards have been
designated as Zones A, M, and/or E.
FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on
which the Federal Emergency Management Agency has delineated both the areae of
special flood hazards and the risk premium zones applicable to the community.
FLOOD IMHURANCB 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 lose definition of flooding).
FLOODPLAIN MANAGEMENT - means the operation of an overall program of
corrective and preventive measures for reducing fload damage, including but
not limited to emergency preparedness plana, flood control works and
floodplain management regulations.
FWGDPLAIM NANADS1cENT RREGULATIONS - means zoning ordinances, subdivision
regulations, building codes, health regulatlone, special purpose ordinances
(such as a floodplain ordinance, grading ordinance and erosion control
ordinance) end other applications of police power. The term described such
state or local regulations, in any combination thereof, which provide
etandarde for the purpose of flood damage prevention and reduction.
FLOOD PROTECTION sysTEN - 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, donna, reservoirs, levees or dikes. These
specialized flood modifying works are those constructed in conformance with
sound engineering standards.
FLOOD pROOFIMG - 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, structurea and their contents_ ,
FLOODWAY (REGULATORY FLOODWAY) - means the channel of a river or other
watercourse and the adjacent land areae that must be reserved in order to
discharge the bane 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 cut in close proximity to water. The
tam 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 walla 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;
(a) 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 place. in
communities with historic preservation programa 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 laves, or
levees, and associated structures, such as closure and drainage davlcas, 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
perking 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 in 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 regulation-.
MANUFACTURED HONG - 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 ROME PARA 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 Nap are
referenced.
NEM 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 nec.mber 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 NAMUFACTURED ROME PAR[ OR SUBDIVISION - mean. 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 pada) is completed on or after the
effective date of floodplain management regulations adopted by a community.
RECREATIONAL VEHICLE - mane a vehicle which is (i) built on a single Chaseie;
(ii) 400 square East or lees when measured at the largest horircntal
projections; (iii) designed to be self-propelled or permanently towable, by a
light duty truck; and (iv) designed primarily not for use as a pemanant
dwelling but an temporary living quarters for recreational, camping, travel,
or seasonal use.
START OP CUNBTRucTION - (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 Hate. 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 columna, 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 an 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
etmctur.. For A substantial improvement, the actual start of construction
mean. the first alteration of any wall, ceiling, floor, or other structural
part of a buildLnge 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 in principally above ground, as well as a manufactured
home.
SUBSTANTIAL DAMAGE - manna damage of any origin sustained by a structure
whereby the coat 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 - mane any raconatruction, rehabilitation, addition,
or other imPrOvOm@nt 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 structure@ which have incurred ,substantial
damage^, regardless of the actual repair work performed. The term dose not,
however, include sithar: (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."
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, parmite 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'a floodplain management regulations. A structure
or other development without the elevation certificate, other certifications,
or other evidence of compliance required in section 60.3(6)(5), (c)(4),
(c)(10), (d)(3), (e)(2), (a)(4), or (e)(5) is presumed to be in violation
until Ouch time as that documentation is provided.
NATER SURFACE ELEVATION - means the height, in relation to the National
Geodetic Vertical Datum (NGVO) of 1929 (or other datum, where specified), of
floods of various magnitudes and frequencies in the floodplains of coastal or
riverine areae.
ARTICLE 3
GENERAL PROVISIONS
SECTION A. LANDS TO WBICB =IS ORDINANCE APPLIES
The ordinance shall apply to all areae of special flood hazard with the
jurisdiction of An,,,
(community)
SECTION B. BASIS BOR ESTRBLISBINO THE AREAS Or SPECIAL FLOOD
The areas of special flood hazard identified by the Federal
Emergency Management Agency on its Flood Insurance Study for
Collin County and Incorporated Areas, dated January 19, 1996,
Panels 0075, 0150, 0175 and 0200 for the City of Anna, and
any revisions thereto are hereby adopted by reference and
declared to be a part of this ordinance.
SECTION C. ESTABLISNMENT 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 B. ABROGATION AND GRL.TER R..STRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing
eaeemente, covenants, or deed restrictions. However, where this ordinance and
another ordinance, easement, covenant, or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions Sha11 prevail.
SECTION F. INTERPRETATION
In the interpretation and application of this ordinance, all provisions shall
be; (1) considered an 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 O. NARKING AND DISCLAIMER OR LIABILITT
The degree of flood protection required by this ordinance is considered
reasonable for regulatory purposes and in based on scientific and engineering
considerations. On rare occasions greater floods can and will occur and flood
heights may he increased by man-made or natural causes. This ordinance doe.
not imply that land outside the aream of special flood hazards or uses
permitted within such areae 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 thin ordinance or any administrative decision lawfully made thereunder.
ARTICLE 4
ADMINISTRATION
SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The Cit, Secretary 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. DGTIBe i 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 thin 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 TX prior to any
alteration or relocation of a watercourse, an submit evidence of ouch
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.
(B) 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.
SECTION C. PERMIT PROCEDURES
(1) Application for a Development Permit ahall be presented to the
Floodplain Administrator on forme furnished by him/her and may include, but
not be limited to, plane in duplicate drawn to scale showing the location,
dimsnsions, 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 areae 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
nonreaidential structure shall be floodproofed;
c. A certificate from a registered professional engineer or
architect that the nonresidential floodproofed structure shall meet the
floodproofing 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.
a. Maintain a record of all such information in accordance with
Article 4, Section (B)(1).
(2) Approval or denial of a Devalonment Permit by the Flcodplain
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;
a. 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 street. and bridges, and
public utilities and facilities such as newer, gear electrical and water
eystsms;
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 location., 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.
eBCTION D. VARIANCE PROCEDIWS
(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 parsons 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 an the National Register at Historic place.
or the state Inventory of Historic Places, without regard to the procedures
set forth in the remainder of this ordinance.
(6) Variancee may be issued for new ccnstruction and substantial
improvements to be erected on a lot of one-half acre or leas in sire
contiguous to and surrounded by late with existing structures constructed
below the base flood level, providing the relevant factors in Section c(2) of
this Article have been fully considered. Ae 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 thin
ordinance (Article 1, section C).
(B) 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 in the minimum necessary, considering the flood hazard, to afford
relief.
b. Variances shall only be issued upon, (i) showing a good and
sufficient causal (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.
e. 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 rink resulting from
the reduced lowest floor elevation.
(11) Variancae may be issued by a community for new construction and
substantial improvements and for other development necessary for the conduct
of a functionally dependent uea 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
bass flood and create no additional threats to public safety.
SECTION A. UNEM STANDARDS
In all areae of special flood hazards the following provisions are required
for all new construction and substantial improvements.
(1) All now 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 reeietant 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 preventwater from entering or accumulating within the components during
conditions of flooding.
(5) All new and replacement water supply Systeme shall be designed to
minimize or eliminate infiltration of flood waters into the oyetem;
(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 systema 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 D. SPECIFIC STANDARDS
In all areae of special flood hazards where base flood elevation data has been
provided as set forth in (i) Article 3, Section R. (ii) Article 4, Section
B(S), or (iii) Article S. Section C(3), the following provisions are required,
(1) Residential Construction - now 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 thin
subsection as proposed In Article 4, Section C(1)s., 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 walla 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 plane 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
ARTICLE 5
PROVISIONS
FOR
FLOOD HAZARD
REDUCTION
SECTION A. UNEM STANDARDS
In all areae of special flood hazards the following provisions are required
for all new construction and substantial improvements.
(1) All now 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 reeietant 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 preventwater from entering or accumulating within the components during
conditions of flooding.
(5) All new and replacement water supply Systeme shall be designed to
minimize or eliminate infiltration of flood waters into the oyetem;
(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 systema 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 D. SPECIFIC STANDARDS
In all areae of special flood hazards where base flood elevation data has been
provided as set forth in (i) Article 3, Section R. (ii) Article 4, Section
B(S), or (iii) Article S. Section C(3), the following provisions are required,
(1) Residential Construction - now 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 thin
subsection as proposed In Article 4, Section C(1)s., 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 walla 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 plane 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 structure- are floodproofed shall be maintained by the Floodplain
Administrator.
(3) Manufactured Homes
Require that all manufactured homes to be placed within Zone A on a
community a FHBH 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 ere not limited to, use of
over -the -tap or frame ties to ground anchors. Thin requirement in In addition
to applicable State and local anchoring requirement. for resisting wind
forces.
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 S, c,
and o of this ordinance.
(2) All proposals for the development of subdivisions including the
placement of manufactured home parka and subdivisions shall meet Development
Permit requirements of Article 3, Section cF Article 4, Section C; and the
provisions of Article 5 of this ordinance.
(3) Bane flood elevation data shall be generated for subdivision
proposals and other proposed development including the placement of
manufactured home parka and subdivisions which in 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 (S) of thin 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 ouch as
sewer, gas, electrical and water systems located and constructed to minimize
or eliminate flood damage.
CERTIFICATION
It is hereby found and declared by Anna
(community)
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 farce and effect from and after its passage and
approval.
APPROVED; Ron Ferguson
(community official)
PASSEDI Aureus[ 13. 1996
(data)
I, the undersigned, Monicn will ism , do hereby certify that
the above is a true end correct copy of an ordinance duly adopted by the
City Council , at a regular meeting duly convened on AURust Ids', 7T96
mord
Li iD 41 a .,._rte
(Secretary or responsible person)
(SEAL)
RESOLUTION 9!.- 0008
WHEREAS, certain areas of Anua , are subject to
periodic flooding, causing serious damages to properties within
these areas; and
WHEREAS, it is the intent of this Council to require the
recognition and evaluation of flood hazards in all official actions
relating to land use in areas having these hazards; and
WHEREAS, this body has the legal authority to adopt land use and
control measures to reduce future flood losses pursuant to
Sect. 16.1311-3:: Vernon's Texas Codes
(state Statute)
NOW, THEREFORE, BE IT RESOLVED, that this Council hereby:
1. Assures the Federal Emergency Management Agency that it will
enact as necessary, and maintain in force, in these areas having
flood hazards, adequate land use and control measures with
effective enforcement provisions consistent with the criteria set
forth in Section 60 of the National Flood Insurance Program
regulations; and
2. Vests Ron Ferguson with the responsibility, authority
and means to:
(a) Assist the Administrator, at his/her request, in the
delineation of the limits of the area having special
flood hazards.
(b) Provide such information concerning present uses and
occupancy of the floodplain, mudslide (i.e., mudflow) or
flood -related erosion areas as the Administrator may
request.
(c) Maintain for public inspection and furnish upon request,
for the determination of applicable flood insurance risk
premium rates within all areas having special flood
hazards identified on a Flood Hazard Boundary Map (FHBM)
or Flood Insurance Rate Map (FIRM), any certificates of
floodproofing, and information on the elevation (in
relation to mean sea level) of the level of the lowest
floor (including basement) of all new construction or
substantially improved structures, and include whether or
not such structures contain a basement, and if the
structure has been floodproofed, the elevation (in
relation to mean sea level) to which the structure was
£loodproofed.
wV3hi'
(d) Cooperate with Federal, State and local agencies and
private firms which undertake to study, survey, map and
identify floodplain, mudslide (i.e., mudflow) or flood -
related erosion areas, and cooperate with neighboring
communities with respect to management of adjoining
floodplain, mudslide (i.e., mudflow) and/or flood -related
erosion areas in order to prevent aggravation of existing
hazards.
(e) Upon occurrence, notify the Administrator in writing
whenever the boundaries of the community have been
modified by annexation or the community has otherwise
assumed or no longer has authority to adopt and enforce
floodplain management regulations for a particular area.
In order that all FHEM's and FIRM's accurately represent
the community's boundaries, include within such
notification a copy of a map of the community suitable
for reproduction, clearly delineating the new corporate
limits or new area for which the community has assumed or
relinquished floodplain management regulatory authority.
(fl Submit an annual report to the Administrator concerning
the community's participation in the Program, including,
but not limited to the development and implementation of
floodplain management measures.
2. Appoints The City secretary (designate agency or official)
with the responsibility, authority, and means to implement the
commitments as outlined in this resolution.
3. Agrees to take such other official action as may be reasonably
necessary to carry out the objectives of the adopted floodplain
management measures.
APPROVED: Fon Ferguson
(Mayor or County Judge)
DATE PASSED: August 13, 1996
CERTIFICATION
I, the undersigned, Monica 'Aiiliams , do hereby certify
that the above is a true and correct copy a Resolution duly passed
by The Anna City Council at a regular meeting duly
convened on August 13, 1996
�'1Mfyt tOCA 10&L0AU&)
(Secretary or responsible person)
(dc/96)
a"'vS'et.
FEDERALEMERGENCY MANAGEMENT AGENCY
6LF tbreWne for
APPLICATION FOR PARTI0PAT10NIN THE NATIONAL FLOOD
0.iperwork Burden
p,M. B. NO.3DB-W20
' INSUR4NCE PR06RAM
DNdouReNotim
Expires December37, 7999
I. APPLICATION MAY. Town, ere.)
DATE
COUNTY. STATE
2 COMMUNITY OFFICIALAND OFFICE OR AGENCY WITH OVERALL RESPONSIBILITY
ITELE-HONEM),fincludoarea
ADDRESS (Street whoa no„ city, date, zip cede
3. PROGRAM COORDIN47OR(Offival, ifdifferent franebove, with oVeralire Dmibiiry fbr6npkm ,Ing TELEPHONE NO. (Indutlearea
orogram)
cc/ode )
`
ADDRESS (Street or beg Ab., ti Y. Are, rip cod.) '
IJ
A. FIRST FLOOR E LEVATION INFORMATION wILL BE RE CORDED B Y
`PHONE NO.(incloda area
ADDRESS (Street brbcI city, rate. rip catle)
5. LOCATION OF COMMUNITY REPOSITORY FOR PUBLIC INSPECTION OF FIA MAPS
`
ADDRESS
6. ESTIMATES FOR ONLY THOSE AREAS SUBJECT TO FLOOD ANDIOR MVDSLIOE Ai KNOWN AT THE TIME OF APPLICATIONp
AREA
POPUTATON
NO RAOnn�Ly9
NO USINErS5SLL
NO
OTy6N L
STRUMIA: S•
STRUCTU0.ES
STRUCTURES
T. ESTIMATES OF TOTAL5 IN ENTIRE COMMVNITY
POPULATION
NO OF I.a
FAMILY
NO OF SMAU.
BU51p ESS
NO OF ALL
OTHER
STRUCTURES
STRUCTURES
STRUCTURES
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