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HomeMy WebLinkAboutOrd 207 Adopting regulations to prevent flood damageORDINANCE NO. 207 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, ADOPTING REGULATIONS TO PREVENT FLOOD DAMAGE INCLUDING, BUT NOT LIMITED TO, ARTICLES DEFINING CERTAIN TERMS, ESTABLISHING AREAS OF SPECIAL FLOOD HAZARDS AND REDUCING FLOOD LOSSES, PROVIDING FOR THE ADMINISTRATION OF THE ORDINANCE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Federal Emergency Management Agency ("FEMA") has determined the final flood elevations for the Town of Westlake and completed a detailed Flood Insurance Study for Westlake; and WHEREAS, the Town is desirous of enrolling in the National Flood Insurance Program ("NFIP") to make flood insurance available to present and future residents of the Town and abate the effects of nonparticipation in the NFIP; and WHEREAS, the flood hazard areas of the Town of Westlake 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; and WHEREAS, these flood losses 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 hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage; and WHEREAS, Chapters 211 and 212 of the Local Government Code authorize municipalities to adopt regulations designed to minimize flood losses; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE: ARTICLE I. - FLOODPLAIN MANAGEMENT AND FLOOD DAMAGE PREVENTION SECTION 1. - PURPOSE The purpose of floodplain regulations is to protect human life and health; minimize expenditure of public money for costly flood control projects; minimize the need for rescue and relief efforts associated with flooding that are generally undertaken by the Town at the expense of the general public; minimize damage to public facilities and utilities such as 1 water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; provide for the sound use and development of flood -prone areas in such a manner as to minimize future flood blight areas; and insure that potential buyers are notified that property is in a flood area. SECTION 2. - APPLICABILITY This ordinance applies to all areas of Special Flood Hazard within the Town limits of the Town of Westlake. Within the Town's extraterritorial jurisdiction, this Article applies only to platting. The Town will not approve a final plat that does not conform to the minimum Federal Emergency Management Agency (FEMA) regulations regarding floodplain management. SECTION 3. - METHODS OF REDUCING FLOOD LOSSES This ordinance provides for the following, consistent with achieving the purposes set forth above: A. To restrict or prohibit uses that are dangerous to health, safety or property due to water or erosion hazards or which result in damaging increases in erosion, flood heights or velocities. B. To require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. To control the alteration of natural floodplains, stream channels, and natural prospective barriers, which help accommodate or channel flood waters; D. To control filling, grading, dredging, and other development which may increase flood damage; E. To prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; and F. To use any other method reasonably calculated to accomplish the purpose of this article and to promote the public health, safety, and general welfare. 2 SECTION 4. - DEFINITIONS Unless specifically defined below, words or phrases used in this article shall be given their common meaning and construed to effect a reasonable interpretation of this article. "AREA OF SHALLOW FLOODING" means a certain type of flood zone, typically designated AO, AH, or VO on a community's flood insurance rate map which is defined below, with a one (1) percent or greater annual chance of flooding to an average depth of one (1) to three ( 3 ) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident, and be characterized by ponding or sheet flow. "AREA OF SPECIAL FLOOD HAZARD" means the land in a floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. The area is generally designated as Zone A on the flood hazard boundary map (which is defined below). After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, Zone A is typically redefined as one or more of the following zones: A, AE, AH, AO, Al -99, VO, V1-30, VE or V. "BASE FLOOD" means the flood having a one (1) percent chance of being equaled or exceeded in any given year; also known as the 3.00 -year flood. "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 manmade change in improved and unimproved real estate, including but not limited to the construction or alteration of buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. "ELEVATED BUILDING" means a building with no basement which: (i) for zones Al -30, AE, A, A99, AO, AH, B, C, X, and D, has the top of the elevated floor, or for zones V1--30, VE, or V, has the bottom of the lowest horizontal structural member of the elevated floor, elevated above ground level by means of piling, columns, posts and [or] piers, or shear walls built parallel to the flow of the water, and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of no greater magnitude than the base flood. For 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 allow for the unimpeded movement of flood 3 waters. For zones V1-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of 44 CFR Part 60, section 60.3(e)(5) of the. National Flood Insurance Program regulations. A copy of the National Flood Insurance Program regulations are on file in the records under the custody and control of the floodplain administrator. "EXISTING CONSTRUCTION" means, for the purpose of determining rates, structures for which the "start of construction" commenced before the effective date of the flood insurance rate map or before January 1, 1975, for FIRMS effective before that date. "Existing construction" is used interchangeably in this article with the term "existing structures". "FLOOD OR FLOODING" means a general and temporary condition of partial or complete inundation of normally dry land by water resulting from; 1. The overflow of inland or tidal waters, or 2. The unusual and rapid accumulation or run-off of surface waters from any source. "FLOOD BOUNDARY-FLOODWAY MAP (FBFM, " is that portion of the Flood Insurance Study which delineates the regulatory floodway within a floodplain. "FLOOD INSURANCE RATE MAP" means the official map of a community, or any amended or supplementary map, or any comparable or similar map which is a substitute or replacement therefor, as well as any revisions thereto 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. The flood insurance rate map shall also be referred to in this article as FIRM. "FLOOD INSURANCE STUDY" is the official report which is periodically issued 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 FLOODPRONE AREA" means any land area susceptible to being inundated by the base flood (see definition of "flood or flooding"). "FLOODWAY OR 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 4 cumulatively increasing the water surface elevation more than a designated height. "HIGHEST ADJACENT GRADE" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "LEVEE" means a manmade 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 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 44 CFR Part 60, section 60.3, of the National Flood Insurance Program regulations. "MEAN SEA LEVEL" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 to which base flood elevations shown on a community's flood insurance rate map are referenced. "NEW CONSTRUCTION" means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of the ordinance enacting this article; provided, however, that "new construction" as defined under Ordinance No. 8095, which is in violation of Ordinance No. 8095 and remains in violation thereof after the effective date of the ordinance enacting this article; shall be considered new construction under this article. "RECREATIONAL VEHICLE" 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. "RIVERINE"" The condition of .a body of water which is channelized and flowing and either in a natural or improved condition. 5 "START OF CONSTRUCTION" (for other than new construction or substantial improvements under the Coastal Barriers Resources Act (Pub. L. 97-348)) means the date the building permit was issued, and pertains to substantial improvement to an existing structure as well as construction of a new structure, provided the actual start of construction, repair, reconstruction, or placement of new or existing improvements was within one hundred eighty (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 a slab or footings, the installation of piles, the construction of columns, or any work which has progressed beyond the stage of excavation and which shall include 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 building, such as garages or sheds not occupied as dwelling units or not as part of the main structure. "STRUCTURE" means any walled and roofed building and shall in addition include manufactured homes and gas or liquid storage tanks that are principally above ground. "SUBSTANTIAL DAMAGE" Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either: 1. before the improvement or repair is started, or 2. before the damage occurred, if the structure has been damaged and is being restored. For the purposes of the definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: 1. Any project for improvement of a structure to comply with existing state or local health, sanitary, environmental 0 or safety code specifications which are solely necessary to assure safe living conditions; or 2. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. "VARIANCE" means a grant of relief from the requirements of this article. A variance, therefore, permits construction or development in a manner otherwise prohibited by this article. For full requirements see 44 CFR Part 60, section 60.6 of the National Flood Insurance Program regulations, a copy of which is on file in the records under the custody and control of the floodplain administrator. "VIOLATION" means the failure of a structure or other development to comply with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, permits, or other evidence of compliance required in said section 60.3 (b) (5) , (c) (4) , (c) (l0) , (d) (3) , (e) (2) , (e) (4) , or (e)(5) of the National Flood Insurance Program regulations 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 1989, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. SECTION 5. - GENERAL PROVISIONS A. Lands to which this article applies. This article shall apply to all areas of special flood hazards within the Town of Westlake or otherwise under its jurisdiction and control. B. Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by FEMA in a scientific and engineering report entitled "The Flood Insurance Study for Westlake, Texas", dated April 29, 1992 (Preliminary), with accompanying flood insurance rate maps and flood boundary- f 1 oodway maps (FIRM and FBFM) or any amendments or revisions thereto, are hereby adopted by reference and declared to be a part of this ordinance. C. Establishment of Floodplain Development Permit. A Floodplain Development Permit shall be required to ensure compliance with the provisions of this ordinance. 7 SECTION 6. - ADMINISTRATION A. Floodplain Administration: The Town Engineer is responsible for administering, interpreting and implementing the provisions of this Article. B. Duties and responsibilities of the local floodplain administrator. Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following: 1. Maintain all records pertaining to the provisions of this ordinance. 2. Review permit applications to determine whether proposed building sites 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 within a floodplain to require 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. section 1334) from which prior approval is required. 5. Review all applications for permits for development within a floodplain to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 10 are met. 6. Interpret as needed the exact location of the boundaries of the areas of special flood hazards. For example, where there appears to be a conflict between a mapped boundary and actual field conditions, the floodplain administrator shall make the necessary interpretation. The floodplain administrator shall make such determinations in a reasonably prudent manner. When any such interpretation results in a determination that an area is not a special flood hazard, the issuance of any building permits for any part of the area subsequent thereto shall be subject to the applicant's agreement to indemnify, hold harmless, and defend the Town of Westlake and the floodplain administrator for any adverse consequences resulting from or related to such a determination. 0 7. Notify, in riverine situations, adjacent communities and the Texas Water Commission, prior to any alteration or relocation of a watercourse:, and submit evidence of such notification to the Federal Emergency Management Agency. 8. Assure that the flood -carrying capacity within the altered or relocated portion of any watercourse is maintained or increased. 9. When base flood elevation data has not been provided in the maps referenced in Section 5.B for an area within the jurisdiction of the Town, the floodplain administrator shall obtain, review and utilize to the extent possible, any base flood elevation data and floodway data available from a federal, state or other source in order to administer the provisions of Section 7. la. 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 (1) foot at any point within the community. 11. Grant variances consistent with the provisions of Section 9, variance Procedures. SECTION 7. - FLOODPLAIN DEVELOPMENT PERMIT PROCEDURES A. Floodplain Development Permit: A Floodplain Development Permit shall be required. It shall be issued by the Town for all proposed development in an area of Special Flood Hazard. B. Application: Application for a Floodplain Development Permit shall be presented to the Town Engineer on forms furnished by him and shall include but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: 1. Permit Required and Approval of other Agencies: A permit is required for all proposed development including single structures in any area of special E flood hazard. Any development in a floodplain will comply with the floodplain regulations. a. Vegetation shall not be removed or injured within the Special Food Hazard area without written authorization in advance from the Town Engineer, which may be granted if the request is in conformance with a landscape plan approved by the Town; or as a result of routine maintenance of the vegetation such as trimming or cutting designed to maintain the healthy or attractive growth of the vegetation; or as a result of routine maintenance of the area in order to maintain the floodwater conveyance capacity of the floodplain performed. 2. Elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures; 3. Elevation in relation to mean sea level to which any non-residential structure shall be floodproofed; 4. A certificate from a registered professional engineer or architect that the non-residential floodproofed structure shall meet the floodproofing criteria of this Ordinance; and 5. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. C. Approval or Denial: Approval or denial of a Floodplain Permit by the Town Engineer shall be based on all of the provisions of this Ordinance and the following relevant factors: 1. The danger to life and property due to flooding or erosion damage; 2. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 3. The danger that materials may be swept onto other lands to the injury of others; 4. The compatibility of the proposed use with existing and anticipated development; 10 5. The safety of access to the property in times of flood for ordinary and emergency vehicles; 6. 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; 7. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and effects of wave action, if applicable, expected at the site. 8. The necessity to the facility of a waterfront location where applicable; 9. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and 10. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area. SECTION 8. - PROVISIONS FOR FLOOD HAZARD REDUCTION A. General Standards In all areas of Special Flood Hazards, the following provisions are required for new construction and substantial improvements: 1. 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. New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; 3. New construction or substantial improvements shall be constructed by materials resistant to flood damage; 4. On-site waste disposal systems shall not be located within floodplain boundaries. 11 B. Specific Standards for Habitable Structures In all areas of Special Flood Hazards where base flood elevations data has been provided as set forth in this Ordinance, the following provisions are required: 1. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to not less than two (2) feet above the base flood elevation, taking into account the effects of future urbanization. A registered surveyor shall submit a certification to the Town Engineer that this standard has been met. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Town Engineer. 2. New construction and substantial improvements of any commercial, industrial, or other non- residential structure shall either have the lowest floor, including basement elevated to not less than two (2) feet above the base flood level taking into account the effects of future urbanization or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is water tight with walls substantially impermeable to the passage of water and with structural components having the capability or resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. 3. 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 floodwaters. Designs for meeting this 12 C. I9lM requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one foot above grade. C. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 4. Recreational vehicles placed on sites within Zones Al -30, AH, and AE on the community's FIRM must either (i) be on the site for fewer than 180 consecutive days, or (ii) be fully licensed and ready for highway use. 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. Standards For Subdivision All subdivision proposals shall comply with the provisions of this ordinance. Standards for Streets, Drainage, and Utilities 1. The finished elevation of proposed streets shall be at least two (2) feet above the regulatory flood protection elevation. 2. Where necessary, profiles and elevations of streets may be required to determine compliance with this requirement. 3. Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights. 4. Storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. 13 5. The system shall insure drainage at all points along streets, and provide positive drainage away from buildings and on-site waste disposal sites. 6. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. SECTION 9. - VARIANCE PROCEDURES A. General: The applicant may request a variance from the Planning and Zoning Commission by filing such request with the Town. The Town may grant a variance only upon finding that: 1. The variance is the minimum necessary, considering the special flood hazard, to afford relief. 2. The variance is for a good and sufficient cause. 3. Failure to grant the variance would result in exceptional hardship to the applicant; and 4. Granting the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or create nuisances. B. The Town Engineer shall maintain a record of all variances to the requirements of this Article and shall report such variances, upon request, to FEMA. C. variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State equivalent, without regard to the procedures set forth in this Article. D. variances shall not be issued within any designated floodway. SECTION 10. - FLOODWAYS Located within areas of special flood hazard established in Section 5 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: A. Encroachments are prohibited including fill, new construction, substantial improvements and other 14 development unless an approved technical evaluation by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed encroachments when combined with all other existing and anticipated development and encroachment shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge. B. If the provisions of the foregoing paragraph are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 8, Provisions for Flood Hazard Reduction. SECTION 11. - APPEAL PROCEDURES A. General; Appeals may be taken from a requirement, decision, or determination made by the Town Engineer in the enforcement or administration of this Article to the Planning and Zoning Commission. The appeal shall be filed with the Town Engineer. The Commission may attach such conditions to the granting of such appeal as it deems necessary to further the purpose and objectives of this Ordinance. B. The Town Engineer shall maintain a record of all appeals taken pursuant to this Section. ARTICLE II. - PENALTY That the violation of any provision of this Ordinance shall be deemed an offense punishable by a fine not to exceed Two Thousand Dollars ($2,000.00), and each violation thereof shall be and is hereby deemed to be a distinct and separate offense and punished as such. ARTICLE III. - SEVERABILITY It is hereby declared to be the intention of the Town that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance since the same would have been enacted by the Town Board without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 15 ARTICLE IV. - REPEAL All Ordinances or parts of Ordinances in conflict with this Ordinance or any part thereof are hereby repealed. ARTICLE V. - EFFECTIVE DATE This ordinance shall become effective immediately upon its passage, and it is accordingly so ordained. PASSED AND APPROVED this the 2nd day of February, A.D. , 1993. ATTEST: GER TE, SECRETARY TOWN OF WESTLAKE, TEXAS APPROVED AS TO LEGAL FORM UL C. ISHAM, TOWN ATTORNEY TOWN OF WESTLAKE, TEXAS J DALE L. WHITE, MAYOR TOWN OF WESTLAKE, TEXAS 00