06-87-Ordinance-Repealing Ordinance 77-04 Development Permit in Flood Hazard Area-06/15/1987CITY OF BANGER ORDINANCE N0. 06-87
AN ORDINANCE OF THE CITY BANGER , PROVIDING FOR THE REPEAL OF ORDINANCE 77-4
PROVIDING DEFINITIONS; PROVIDING FOR A DEVELOPMENT PERMIT IN A SPECIAL
FLOOD HAZARD AREA; PROVIDING A FINE NOT TO EXCEED $200 FOR EACH OFFENSE;
DESIGNATING A LOCAL ADMINISTRATOR; PROVIDING PERMIT AND VARIANCE PROCE-
DURES; AND PROVIDING STANDARDS FOR SPECIAL FLOOD HAZARD AREAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGER:
ARTICLE I
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of Texas has in Articles 1175 and Water Code
Section 16.311 et. seq. delegated the responsibility to local governmental
units to adopt regulations designed to minimize flood losses. Therefore,
the City Council of the City of Sanger and does ordain as follows:
SECTION B. FINDINGS OF FACT
(1) The flood hazard areas of the City are subject to periodic inunda-
tion 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 losses are created by the cumulative effect of
obsructions 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.
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 floodprone areas in such a manner as to minimize
future flood blight areas; and
(7) Ensure that potential buyers are notified that property is in a
flood area.
SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance uses the following
methods:
- 1 -
�!"
`. j
(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, 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 accom-
modation of flood waters;
(4) Control filling, grading, dredging, and other developments 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 II
DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance
shall be interpreted to give them the meaning they have in common usage and
to give this ordinance its most reasonable application.
APPEAL - means a request for a review of the Floodplain Administrator's
interpretation of any provision of this ordinance or a request for a vari-
ance.
AREA OF SHALLOW FLOODING - means a designated A0, AH, and VO zone on a
community's Flood Insurance Rate Map (FIRM) with a one (1%) percent chance
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 volocity 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 (1%) 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, A0, Al-99, V0, V1-30, VE or V.
BASE FLOOD - means the flood having a one (1%) percent chance of being
equalled or exceeded in any given year.
CRITICAL FEATURE - means an integral and readily identifiable part of a
flood protection system, without which the flood protection provided by the
entire system would be compromised.
DEVELOPMENT - means any man made change in improved -and unimproved real
estate, including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
ELEVATED BUILDING - means a nonbasement building (i) built, in the case of
a building in Zones Al-30, AE, A, A99, A0, AH, B, C, X, and D, to have the
top of the elevated floor, or in the case of a building in Zones V1-30, VE, or
V, to have the bottom of the lowest horizontal structure member of the
elevated floor elevated above 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. Zn the case of Zones Al-30, AE, A, A99, A0, AH, B, C, %, 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,
- 2 -
"elevated building" also includes a building otherwise meeting the defini-
tion of "elevated building", even though the lower area is enclosed by
means of breakaway walls if the breakaway walls meet the standards of
Section 60.3(3)(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 FIRM's effective
before that date. "Existing construction" may also be referred to as "exis-
ting structures."
FLOOD OR FLOODING - means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
(1) the overflow of
(2) the unusual and
from any source.
inland or tidal waters
rapid accumulation or runoff of surface waters
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).
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 depths of associated flooding. Such a system typically includes
hurricane tidal barriers, dams, reservoirs, levees or dikes. These spe-
cialized flood modifying works are those constructed in conformance with
sound engineering standards.
FLOODWAY (REGULATORY FLOODWAY) - means the channel of a'river or other
watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface
elevation more than one (1') foot.
FUNCTIONALLY DEPENDENT USE - means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water.
The term includes only docking facilities, port facilities that are neces-
sary for the loading and unloading of cargo or passengers, and ship build-
ing 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.
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.
- 3 -
--�
} �,
MANUFACTURED HOME - means a structure transportable in one or more secti
which is built on a permanent chassis and is designed for use with
without a permanent foundation when connected to the required utilitons,
For flood lain or
P management purposes the term "manufactured home" also iin-
cludes park trailers, travel trailers, and other similar vehicles
on a site for greater than 180 consecutive days. For insurance
the term "manufactured home" does not include park trailers, travel tlaced
ers, and other similar vehicles. Purposes,
rail
MEAN SEA LEVEL - means for purposes of the National Flood Insurance Pro
the National Geodetic Vertical Datum NGVD) of 1929 or other datum to
base flood elevations shown on a , whi h
referenced. community s Flood Insurance Rate Map are
NEW CONSTRUCTION - means for floodplain management purposes, structure
which the "start of construction" commenced on or after the effective
of a floodplain management regulation adopted b s for
date
y a community.
START OF CONSTRUCTION - (for other than new construction or substa
improvements under the Coastal Barrier Resources
includes substantial improvement and means the date the buildin ntial
Ace (Pub. L. 97-348)).
was issued, provided the actual start of construction, re air
tion, placement, or other improvement was within 180 da s g Permit
date. The actual start means either the P � reconstruc-
construction of a Y of the permit
structure on a first placement of permanent
footings, the installation of piles,l the construct on of rcolumns
work beyond the state of excavation; or the g °f slab or
home on a foundation. Permanent construction does not include land' rr any
placement of a manufactured
ation, such as clearing, grading and fillin
installation of streets and/or walkwa s• g� nor does it include Pthe
for basement, footin s Y , nor does it include excavation
forms; nor does it include the i stall t on on he erection of temporary
buildings, such as garages or sheds not occupied as dwelling units
part of the main structure. Y of accessory
or not
STRUCTURE - means a walled and roofed buildin
storage tank, that is principally above g� includin
home. round as well asaagas or liquid
g manufactured
SUBSTANTIAL IMPROVEMENT - means any repair, reconstruction, or im ro
of a structure, the cost of which equals or exceeds 50% of the market
of the structure either, P vement
or (2) if the structure hasl)been damaged andrise bein or repair is startede
damage occurred. For the purpose of this definitiong••restored
went" is considered 'to occur when the first alteration of an wa' before the
floor, or other structural part of the buildin substantial improve-
Y 11, ceiling,
that alteration affects the external dimensions of the structure. T
g commences, whether or not
does not, however,, include either
structure to comply with existing state or local health, sanitar he term
Y project for improvement of a
code specifications which are solel
conditions, or Y necessar Y� or safety
(2) any alteration of a Y to assure safe living
Register of Historic Places structure listed on the National
or a State Inventory of Historic Places.
VARIANCE - is a grant of relief to a
ordinance when specific enforcement would result in unnecessar
person from the requirements of this
A variance, therefore
otherwise � PeY'mits construction or development in wardship.
60.6 of therNational FloodiInsurancec Pro ra
(For full requirements, see Section
g m regulations.)
VIOLATION - means the failure of a
fully compliant with the structure or other development to be
other certifications, or other ev dence of compliance required in
Y floodplain management certificate,
60.3(b)(5), (c)(4)� (c)(10), (d)(3)
to be in violation until such time (as( that edocumentation is Section
)( ), or (e)(5) is presumed
WATER SURFACE ELEVATION Provided.
Geodetic Vertical Datum means the height, in relation to the National
of floods of various magni tudes and9 (or other -datum
coastal or riverine areas. � where specified),
frequencies in the floodplains of
- 4 -
ARTICLE III
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 the City.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
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 the City of Sanger", dated December 1979, 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.
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 engineer-
ing considerations. On rare occasions greater floods can and will occur
and flood heights may be increased by man made or natural causes. This
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.
SECTION H. SEVERABILITY
If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid, and invalidity shall not affect other
provisions or applications and to this end the provisions of this ordinance
are declared to be severable.
SECTION I. PENALTIES FOR NONCOMPLIANCE
No structure, or land shall hereafter be constructed, located, extended,
converted or altered without full compliance with the terms of this ordinance
- 5 -
i SCR �'
R�! AL CAP
• and other applicable regulations. Violation of the provisions of this
ordinance by failure to comply with any of its requirements (including
violations of conditions and safeguards established in connection with
conditions) shall constitute a misdemeanor. Any person who violates this
ordinance or fails to comply with any of its requirements shall upon
conviction thereof be fined not more than Two Hundred ($200.00) Dollars for
each violation. Nothing herein contained shall prevent the City from taking
such other lawful action as is necessary to prevent or remedy any violation.
ARTICLE IV
ADMINISTRATION
SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The Mayor is hereby appointed the Floodplain Administrator to administer
and implement the provisions of this ordinance and other appropriate sec-
tions 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 pertain-
- ing to the provisions of this ordinance.
(2) Review permit application to determine whether a proposed build-
ing site will be reasonably safe from flooding.
(3) Review, approve or deny all applications for development permits
required by adoption of this ordinance.
(4) Review permits for proposed development to assure that all neces-
sary permits have been obtained from those Federal, State or
local governmental agencies (including Section 404 of the Federal
Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334)
from which prior approval is required.
(5) Where interpretation is needed as to the exact location of the
boundaries of the areas of special flood hazards (for example,
where there appears to be a conflict between a mapped boundary and
actual field conditions) the Floodplain Administrator shall make
the necessary interpretation.
(6) Notify, in riverine situations, adjacent communities and the State
Coordinating Agency which is the Texas Water Commission, prior to
any alteration or relocation of a watercourse, and submit evidence
of such notification to the Federal Emergency Management Agency.
(7) Assure -that the flood carrying capacity within the altered or
relocated portion of any watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance
with Article III, 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 V.
(9) When a regulatory floodway has not been designated, the Floodplain
Administrator must require that no new construction, substantial
improvements, or other developments (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
developments, will not increase the water surface elevation of the
base flood more than one (1') foot at any point within the commun-
ity.
- 6 -
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 land-
scape 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:
(a) Elevation (in relation to mean sea level), of the lowest
floor (including basement) of all new and substantially im-
proved structures;
(b) Elevation in relation to mean sea level to which any
nonresidential 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 V, 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.
(e) Maintain a record of all such information in accordance with
Article IV, Section B(1).
(2) Approval or denial of a Development Permit by the Floodplain
Administrator shall be based on all of the provisions of this
ordinance and the following relevant factors:
(a) The danger to life and property due to flooding or erosion
damage;
(b) The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual
owner;
(c) The danger that materials may be swept onto other lands to the
injury of others;
(d) The compatibility of the proposed use with existing and
anticipated development;
(e) The safety of access to the property in times of flood for
ordinary and emergency vehicles;
(f) The costs of providing governmental services during and after
flood conditions including maintenance and repair of streets
and bridges, and public utilities and facilities such as
sewer, gas, electrical, and water systems;
(g) The expected heights, velocity, duration, rate of rise and
sediment transport of the flood waters and the effects of wave
action, if applicable, expected at the site;
(h) The necessity to the facility of a waterfront location, where
applicable;
(i) The availability of alternative locations, not subject to
flooding or erosion damage, for the proposed use;
(j) The relationship of the proposed use to the comprehensive
plan for that area.
�. 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.
- 7 -
(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 juris-
diction.
(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 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 I, Section C).
(8) Variances shall not be issued within any designated floodway if
any increase in flood levels during the base flood discharge would
result.
(9) Prequisites for granting variances:
(a) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood
hazard, to afford relief.
(b) Variances shall only be issued' upon, (i) showing a good and
sufficient cause; (ii) a determination that failure to grant
the variance would result in exceptional hardship to the
applicant, and (iii) a determination that the granting of a
variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
(c) Any application to whom a variance is granted shall be given
written notice that the structure will be permitted to be
built with the lowest floor elevation below the base flood
elevation, and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced
lowest floor elevation.
(10) 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 IV, 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.
- 8 -
ICY EC`q
�I C€}P
.ARTICLE V
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
In all areas of special flood hazards the following provisions are re-
quired 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, col-
lapse or lateral movement of the structure resulting from hydro-
dynamic and hydrostatic loads, including the effects of buoyancy;
(2) All new construction or substantial improvements shall be con-
structed by methods and practices that minimize flood damage;
(3) All new construction or substantial improvements shall be con-
structed with materials resistant to flood damage;
(4) All new construction or substantial improvements shall be con-
structed 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 III, Section B, (ii) Article IV,
Section B(8), or (iii) Article V, Section C(4), the following provisions
are required:
(1) Residential Construction - new construction and substantial im-
provement of any residential structure shall have the lowest
floor (including basement), elevated two,(2') feet above the base
flood elevation. A registered professional engineer, architect,
or land surveyor shall submit a certification to the Floodplain
Administrator that the standard of this subsection is proposed in
Article IV, Section C(1)(a), is satisfied.
(2) Non-residential Construction - new construction and substantial
improvements of any commercial, industrial or other non-residential
structure shall either have the lowest floor (including basement)
elevated two (2°) feet 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 hydrosta-
tic 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
•A such structures are floodproofed shall be maintained by the
Floodplain Administrator.
•
- 9 -
e
(3) Enclosures - new construction and substantial improvements, with
fully enclosed areas below the lowest floor that are subject to
flooding shall be -designed to automatically equalize hydrostatic
flood forces on exterior .walls by allowing for the entry and exit
of floodwaters. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect or
meet or exceed the following minimum criteria:
(a) A minimum of .two openings, having a total net area of not less
than one square inch for every square foot of enclosed area
subject to flooding, shall be provided.
(b) The bottom of all openings shall be no higher than one (1')
foot above grade.
(c) Openings may be equipped with screens, louvers, valves, or
other coverings or devices provided that they permit the
automatic entry and exit of floodwaters.
(4) Manufactured Homes -
(a) Require that all manufactured homes to be placed within Zone
A, shall be installed using methods and practices which mini-
mize flood damage. For the purpose 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) All manufactured homes shall be in compliance with Article V,
Section B(1).
(c) Require that all manufactured homes to be placed or substan-
tially improved with Zones Al-30, AH, and AE on the community's
FIRM be elevated on a permanent foundation such that the
lowest floor of the manufactured home two (2') feet above the
base flood elevation; and be securely anchored to an adequately
anchored foundation syhstem in accordance with the provision
of Section B(4) of this Article.
SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals including manufactured home parks and
subdivisions shall be consistent with Article I, Sections B, C,
and D of this ordinance.
(2) All proposals for the development of subdivisions including
manufactured home parks and subdivisions shall meet Development
Permit requirements of Article 3, Section C; Article 4, Section C;
and the provisions of Article V of this ordinance.
(3) Base flood elevation data shall be generated for subdivision
proposals -and other proposed development including manufactured
home parks and subdivisions which is greater than 30 lots or 3
acres, whichever is lesser, if not otherwise provided pursuant to
Article IIZ, Section B or Article IV, Section B(8) of this ordin-
ance.
(4) All subdivision proposals including manufactured home parks and
subdivisions shall have adequate drainage provided to reduce
exposure to flood hazards.
(5) All subdivision proposals including manufactured home parks and
subdivisions shall have public utilities and facilities such as
sewer, gas, electrical, and water systems located and constructed
to minimize or eliminate flood damage.
- 10 -
SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES)
Located within the areas of special flood hazard established in Article III,
Section B, are areas designated as shallow flooding. These areas have
special flood hazards associated with base flood depths of one (1') to
three (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) For AO zones the base flood elevation must be established through
an engineering study.
(2) 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
(2') feet if no depth number is specified).
(3) All new construction and substantial improvements of nonresidential
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 (2')
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.
(4) A registered professional engineer or architect shall submit a
certification to the Floodplain Administrator that the standards
of this Section, as proposed in Article IV, Section C(1)(a), are
satisfied. '
(5) 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 III, 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 unless certification
by a professional registered engineer or architect is provided
demonstrating that encroachments shall not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge. Manufactured housing (mobile homes) may
not be located in the floodway under any condition.
(2) If Article V, Section E(1) above is satisfied, all new construction
and substantial improvements shall comply with all applicable
flood hazard reduction provisions of Article V.
ti
ARTICLE VI
SECTION A. REPEAL OF CONFLICTING ORDINANCES
7
Ordinance 77- and all other ordinances in conflict with the provisions
of this ordinance are hereby repealed.
- 12 -
CERTIFICATION
It is hereby found and declared by the City of Sanger that severe flooding
has occurred in the past within its jurisdiction and will certainly occur
within the future; that flooding is likely to result in infliction of
serious personal injury or death, and is likely to result in substantial
injury or destruction of property within its jurisdiction; in order to
effectively comply with minimum standards for coverage under the National
Flood Insurance Program; and in order to effectively remedy the situation
described herein, it is necessary that this ordinance become effective
immediately.
Therefore, an emergency is hereby declared to exist, and this ordinance,
being necessary for the immediate preservation of the public peace, health
and safety, shall be in full force and effect from and after its passage
and approval.
(date
APPROVED:
CERTIFICATE
I, the undersigned, Rosalie Sheffield do hereby certify
that the above is a true and correct copy of an ordinance duly adopted by
the City of Sanger at a regular meeting duly convened on Monday
(Se
(SEAL)
date) July, l5 1987 _
tary or responsit . / person