03-20-11-Ordinance-Amending the Floodplain Damage Prevention Regulations-03/07/2011ORDINANCE #03-20-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER,
TEXAS, AMENDING ARTICLE 3.900 FLOODPLAIN DAMAGE PREVENTION
REGULATIONS IF IT CONFORMS TO THE FOI'LOWING REQUIREMENTS:
IN THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS
HEREBY AMENDED; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER,
TEXAS:
Section 1. That Chapter 3, Article 3.09 "FLOODPLAIN DAMAGE
PREVENTION" in the Code of Ordinances of the City of Sanger, Texas, Is Hereby
Amended, which said article shall read as follows:
SECTION 3.901: STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE
AND METHODS
(A). STATUTORY AUTHORIZATION
The Legislature of the State ,of Texas has in the Flood Control Insurance Act, Texas Water Code,
Section 16.315, delegated the responsibility of local govermmental units to adopt regulations
designed to minimize flood losses. Therefore, the City of Sanger, Texas does ordain as follows:
(B). FINDINGS OF FACT
(1) The flood hazard areas of Sanger are subject to periodic inundation, which results in loss
of life and property, health and safety hazards, disruption of commerce and governmental
services, and extraordinary public expenditures for flood protection and relief, all of which
adversely affect the public health, safety and general welfare.
(2) These flood 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.
(C) STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and development of
flood -prone areas in such a manner as to minimize future flood blight areas; and
(7) Insure that potential buyers are notified that property is in a flood area.
(1D) METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in times of
flood, or cause excessive increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective
barriers, which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may increase flood
damage;
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood
waters or which may increase flood hazards to other lands.
SECTION 3.902: DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to
give them the meaning they have in common usage and to give this ordinance its most reasonable
application.
ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial fan or
similar landform which originates at the apex and is characterized by high -velocity flows; active
processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
APEX - means a point on an alluvial fan or similar landformi below which the flow path of the
major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur:
APPURTENANT STRUCTURE — means a structure which is on the same parcel of property as
the principal structure to be insured and the use of which is incidental to the use of the principal
structure
AREA OF FUTURE CONDITIONS FLOOD HAZARD — means the land area that would be
inundated by the 1-percent-annual chance (100 year) flood based on future conditions hydrology.
AREA OF SHALLOW FLOODING - means a designated AO, AH, AR/AO, AR/AH, or VO
zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual
chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not
exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such
flooding is characterized by ponding or sheet flow,
AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community
subject to a I 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, AO, AH, Al-30, AE, A99, AR, ARIAl-30, AR/AE, AR/AO, AR/AH, AR/A, VO, Vl-
30, VE or V.
BASE FLOOD - means the flood having a 1 percent chance of being equaled or exceeded in any
given year.
BASE FLOOD ELEVATION (BFE) — The elevation shown on the Flood Insurance Rate Map
(FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, Al-
A30, AR, VI-V30, or VE that indicates the'water surface elevation resulting from the flood that
has a 1% chance of equaling or exceeding that level in any given year - also called the Base
Flood.
BASEMENT - means any area of the building having its floor subgrade (below ground level) on
all sides.
BREAKAWAY WALL — means a wall that is not part of the structural support of the building
and is intended through its design and construction to collapse under specific lateral loading
forces, without causing damage to the elevated portion of the building or supporting foundation
system.
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 to improved and unimproved real estate,
including but not limited to buildings or other structures, ,mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING — means, for insurance purposes, a non -basement building, which has
its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers,
pilings, or columns.
EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for
which the "start of construction" commenced before the effective date of the FIRM or before
January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be
referred to as "existing structures."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured
home park or subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads) is
completed before the effective date of the floodplain management regulations adopted by a
community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -
means the preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD OR FLOODING -- means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters.
(2) the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD ELEVATION STUDY — means an examination, evaluation and determination of flood
hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation
and determination of mudslide (i.e., mudflow) and/or flood -related erosion hazards.
FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on
which the Federal Emergency Management Agency has delineated both the special flood hazard
areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS) — see'Flood Elevation Study
FLOODPLAIN OR FLOOD -PRONE AREA - means any land area susceptible to being
inundated by water from any source (see definition of flooding).
FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective
and preventive measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other applications of police
power, The term describes such state or local regulations, in any combination thereof, which
provide standards for the purpose of flood damage prevention and reduction.
FLOOD PROTECTION SYSTEM - means those physical structural works for which funds
have been authorized, appropriated, and expended and which have been constructed specifically
to modify flooding in order to reduce the extent of the area within a community subject to a
"special flood hazard" and the extent of the depths of associated flooding. Such a system
typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized
flood modifying works are those constructed in conformance with sound engineering standards.
FLOOD PROOFING - means any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY — see Regulatory Floodii�ay
FUNCTIONALLY DEPENDENT USE - means a use, which cannot perfonn its intended
purpose unless it is located or carried out in close proximity to water. The term includes only
docking facilities, port facilities that are necessary for the loading and unloading of cargo or
passengers, and ship building and ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure..
HISTORIC STRUCTURE - means any structure that is:
(1) 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;
(2) Certified or preliminarily detennined 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;
(3) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory or historic places in communities with historic
preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior or;
(b) Directly by the Secretary of the Interior in states without approved programs.
LEVEE - means a man-made structure, usually an' earthen embankment,. designed and
constructed in accordance with sound engineering practices to contain, control, or divert the flow
of water so as to provide protection from temporary flooding.
LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and operated in
accordance with sound engineering practices.
LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access
or storage in an area other than a basement area is not considered a building's lowest floor;
provided that such enclosure is not built so as to render the structure in violation of the
applicable non -elevation design requirement of Section 60.3 of the National Flood Insurance
Program regulations.
MANUFACTURED HOME means a structure transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent foundation
when connected to the required utilities. The term "manufactured home" does not include a
"recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the North
American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown
on a community's Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION - means, for the purpose of determining insurance rates, structures for
which the "start of construction" commenced on or after the effective date of an initial FIRM or
after December 31, 1974, whichever is later, and includes any subsequent improvements to such
structures. For floodplain management purposes, "new construction" means structures for which
the "start of construction" commenced on or after'the effective date of a floodplain management
regulation adopted by a community and includes any subsequent improvements to such
structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
on or after the effective date of floodplain management regulations adopted by a community.
RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400
square feet or less when measured at the largest horizontal projections; (iii) designed to be self-
propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as
a permanent dwelling but as temporary living quarters for recreational, camping, travel, or
seasonal use.
REGULATOR' FLOODWAY - means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated height.
RIVERINE — means relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc.
SPECIAL FLOOD HAZARD AREA — see Area of Special Flood Hazard
START OF CONSTRUCTION - (for other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and
means the date the building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of
the permit date. The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for basement, footings, piers or foundations or the
erection of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or. not part of the main
structure. For a substantial improvement, the actual start of construction means the first alteration
of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
STRUCTURE — means, for floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above ground, as well as a manufactured
home.
SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the
cost of restoring the structure to it's before damaged condition would equal or exceed 50 percent
of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or
other improvement of a structure, the cost of which equals or exceeds 50 percent of the market
value of the structure before ."start of construction" of the improvement. This term includes
structures which have incurred "substantial damage", regardless of the actual repair work
performed. The term does not, however, include either: (1) Any project for improvement of a
structure to correct existing violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code enforcement official and which are
the minimum necessary to assure safe living 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 — means a grant of relief by a community from the terms of a floodplain
management regulation. (For full requirements see Section 60.6 of the National Flood Insurance
Program regulations.)
VIOLATION - means the failure of a structure or other development to be fully compliant with
the community's floodplain management regulations. A structure or other development without
the elevation certificate, other certifications, or other evidence of compliance required in Section
60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such
time as that documentation is provided.
WATER SURFACE ELEVATION - means the height, in relation to the North American
Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
SECTION 3.903: GENERAL PROVISIONS
(A) LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall apply to all areas of special flood hazard with the jurisdiction of Sanger,
Texas.
(B) BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency Management Agency in
the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for
Denton County, Texas and Incorporated Areas, dated April 18, 2011, with Flood Insurance Rate
Map (FIRM), dated April 18, 2011; and any revisions thereto are hereby adopted by reference
and declared to be a part of this ordinance.
(C) ESTABLISHMENT OF DEVELOPMENT PERMIT
A Floodplain Development Permit shall be required to ensure conformance with the provisions of
this ordinance.
(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.
(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 ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
(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.
(G) WARNING AND DISCLAIMER OR LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. On rare occasions greater
floods can and will occur and flood heights may be increased by man-made or natural causes.
This ordinance does not imply that land outside the areas of special flood hazards or uses
permitted within such areas will be free from flooding or flood damages. This ordinance shall not
create liability on the part of the community or any official or employee thereof for any flood
damages that result from reliance on this ordinance or any administrative decision lawfully made
hereunder.
SECTION 3.904: ADMINISTRATION
(A) DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The city manager or his designee is hereby appointed the Floodplain Administrator to administer
and implement the provisions of this ordinance and other appropriate sections of 44 CFR
(Emergency Management and Assistance - National Flood Insurance Program Regulations)
pertaining to floodplain management.
(B) DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the
following:
(1) Maintain and hold open for public inspection all records pertaining to the provisions of
this ordinance.
(2) Review pen -nit application to determine whether to ensure that the proposed building site
project, including the placement of manufactured homes, will be reasonably safe from
flooding.
(3) Review, approve or deny all applications for development permits required by adoption
of this ordinance.
(4) Review permits for proposed development to assure that all necessary pen -nits 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 cominunities and the State Coordinating Agency
which is the Texas Water Development Board (TWDB) and also the Texas Commission on
Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Emergency Management Agency.
(7) Assure that the flood carrying capacity within the altered or relocated portion of any
watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance with Article 3,
Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base
flood elevation data and floodway data available from a Federal, State or other source, in
order to administer the provisions of Article 5.
(9) When a regulatory floodway has not been designated, the Floodplain Administrator must
require that no new construction, substantial improvements, or other development (including
fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is
demonstrated that the cumulative effect of the proposed development, when combined with
all other existing and anticipated development, will not increase the water surface elevation of
the base flood more than one foot at any point within the community.
(10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Program regulations, a community may approve certain development in Zones A1-
30, AE, AH, on the community's FIRM which increases the water surface elevation of the
base flood by more than 1 foot, provided that the community first completes all of the
provisions required by Section 65.12.
(C) PERMIT PROCEDURES
(1) Application for a Floodplain Development Pen -nit shall be presented to the Floodplain
Administrator on forms furnished by him/her and may include, but not be limited to, plans
in duplicate drawn to scale showing the location, dimensions, and elevation of proposed
landscape alterations, existing and proposed structures, including the placement of
manufactured homes, and the location of the foregoing in relation to areas of special flood
hazard. Additionally, the following information is required:
(a) Elevation (in relation to mean sea level), of the lowest floor (including basement)
of all new and substantially improved structures;
(b) Elevation in relation to mean sea level to which any nonresidential structure shall
be floodproofed;
(c) A certificate from a registered professional engineer or architect that the
nonresidential floodproofed structure shall meet the floodproofing criteria of Section
3.905 (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 subsection
(b)(1);
(2) Approval or denial of a Floodplain 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 eater systems;
(g) The expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters 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.
(D) VARIANCE PROCEDURES
(1) The Appeal Board, as established by the community, shall hear and render judgment on
requests for variances from the requirements of this ordinance. The Zoning Board of
Adjustments shall act as the Appeal Board covering this matter.
(2) The Appeal Board shall hear and render judgment on an appeal only when it is alleged
there is an error in any requirement, decision, or determination made by the Floodplain
Administrator in the enforcement or administration of this ordinance.
(3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such
decision in the courts of competent jurisdiction.
(4) The Floodplain Administrator shall maintain a record of all actions involving an appeal
and shall report variances to the Federal Emergency Management Agency upon request.
(5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures
listed on the National Register of Historic Places or the State Inventory of Historic Places,
without regard to the procedures set forth in the remainder of this ordinance.
(6) Variances may be issued for new construction and substantial improvements to be
erected on a lot of 1/2 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 subsection
c(2) of this Ordinance have been fully considered. As the lot size increases beyond the 1/2
acre, the technical justification required for issuing the variance increases.
(7) Upon consideration of the factors noted above and the intent of this ordinance, the
Appeal Board may attach such conditions to the granting of variances as it deems necessary
to further the purpose and objectives of this ordinance (Section 3.901, (c)).
(8) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(9) Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
[10) Prerequisites for granting variances:
(a) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(b) Variances shall only be issued upon: (i) showing a good and sufficient cause; (ii)
a determination that failure to grant the variance would result in exceptional hardship
to the applicant, and (iii) a determination that the granting of a variance will not
result in increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
(c) Any application to which a variance is granted shall be given written notice that
the structure will be permitted to be built with the lowest floor elevation below the
base flood elevation, and that the cost of flood insurance will be commensurate with
the increased risk resulting from the reduced lowest floor elevation.
(11) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use provided that (i) the criteria outlined in Section 3.904(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.
SECTION 3.905: PROVISIONS FOR FLOOD HAZARD REDUCTION
(A) GENERAL STANDARDS
In all areas of special flood hazards the following provisions are required for all new construction
and substantial improvements:
(1) All new construction or substantial improvements shall be designed (or modified) and
adequately anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(2) All new construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage;
(3) All new construction or substantial improvements shall be constructed with materials
resistant to flood damage;
(4) All new construction or substantial improvements shall be constructed with electrical,
heating, ventilation, plumbing, and air conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from entering or accumulating within
the components during conditions of flooding;
(5) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the system and discharge from the systems into
flood waters; and,
(7) On -site waste disposal systems shall be located to avoid impairment to them or
contamination from theirs during flooding.
(D) SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data has been provided as set forth
in Sections 3.903, (b), (ii), Section 3.904, (b)(8), or Section 3.905, (c)(3), the following provisions
are required:
(1) Residential Construction - Residential Construction. New construction and substantial
improvement of any residential structure on a lot where the final plat was filed after May 1,
2010 shall have the lowest floor (including basement), elevated two feet (2') or more above
the base flood elevation. New construction and substantial improvement of any residential
structure on a lot where the final plat was filed before May 1, 2010 shall have the lowest
floor (including basement), elevated one foot (F) or more above the base flood elevation. A
registered professional engineer, architect, or land surveyor shall submit a certification to the
floodplain administrator that the standard of this subsection as proposed in 3.904 (c) (1) (a), -
is satisfied.
(2) Nonresidential Construction - new construction and substantial improvements of any
commercial, industrial or other nonresidential structure shall either have the lowest floor
(including basement) elevated to 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 hydrostatic and hydrodynamic loads
and effects of buoyancy. A registered professional engineer or architect shall develop and/or
review structural design, specifications, and plans for the construction, and shall certify that
the design and methods of construction are in accordance with accepted standards of practice
as outlined in this subsection. A record of such certification which includes the specific
elevation (in relation to mean sea level) to which such structures are floodproofed shall be
maintained by the Floodplain Administrator.
(3) Enclosures - new construction and substantial improvements, with fully enclosed areas
below the lowest floor that are usable solely for parking of vehicles, building access or
storage in an area other than a basement and which are subject to flooding shall be designed
to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry
and exit of 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 on separate walls having a total net area of not
less than 1, 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 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. J
(4) Manufactured Homes -
(a) Require that all manufactured homes to be placed within Zone A on a
community's FHBM or FIRM shall be installed using methods and practices which
minimize flood damage. For the purposes of this requirement, manufactured homes
must be elevated and anchored to resist flotation, collapse, or lateral movement.
Methods of anchoring may include, but are not limited to, use of over -the -top or frame
ties to ground anchors. This requirement is in addition to applicable State and local
anchoring requirements for resisting wind forces.
(b) Require that manufactured homes that are placed or substantially improved
within Zones Al-30, AH, and AE on the community's FIRM on sites (i) outside of a
manufactured home park or subdivision, (ii) in a new manufactured home park or
subdivision, (iii) in an expansion to an existing manufactured home park or subdivision,
or (iv) in an existing manufactured home park or subdivision on which u manufactured
home has- incurred "substantial damage" as a result of a flood, be elevated on a
permanent foundation such that the lowest floor of the manufactured home is elevated
to two (2) feet above the base flood elevation and be securely anchored to an adequately
anchored foundation system to resist flotation, collapse, and lateral movement.
(c) Require that manufactured homes be placed or substantially improved on sites
in an existing manufactured home park or subdivision with Zones Al-30, AH and AE
on the community's FIRM that are not subject to the provisions of subsection (4) of this
section be elevated so that either:
(i) the lowest floor of the manufactured home is at two (2) feet above the base
flood elevation, or
(ii) the manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36
inches in height above grade and be securely anchored to an adequately
anchored foundation system -to resist flotation, collapse, and lateral
movement.
(5) Recreational Vehicles - Require that recreational, vehicles placed on sites within Zones
Al-30, AH, and AE on the community's FIRM either (i) be on the site for fewer than 180
consecutive days, or (ii) be fully licensed and ready for highway use, or (iii) meet the pen -nit
requirements of 3.904,(c)(1), and the elevation and anchoring requirements for
"manufactured homes" in subsection (4) of this section. A recreational vehicle is ready for
highway use if it is on its wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices, and has no permanently attached additions.
(C) STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall be consistent with Section 3.901(b), (c), and (d) of this article.
(2) All proposals for the development of subdivisions including the placement of
manufactured home parks and subdivisions shall meet Floodplain Development Permit
requirements of Sections 3.903,(c); 3.904, (c); and the provisions of Section 3.905 of this
article.
(3) Base flood elevation data shall be generated for subdivision proposals and other
proposed development including the placement of manufactured home parks and
subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise
provided pursuant to Section 3.903 (b) or Section 3.904, (b)(8) of this article.
(4)Base flood elevation data, with the establishment of a floodway, shall be generated by a
detailed engineering study for all Zone A areas, within 100 feet of the boundary lines of
Zone A areas, and other streams not mapped by FEMA, as indicated on the community's
FIRM.
(5) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
(6) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize or eliminate flood damage.
(D) STANDARDS FOR AREAS OF SHALLOW FLOODING M AH ZONES)
Located within the areas of special flood hazard established in Article 3, Section B, are areas
designated as shallow flooding. These areas have special flood hazards associated with flood
depths of 1 to 3 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; therefore, the following provisions apply:
(1) All new construction and substantial improvements of residential structures have the
lowest floor (including basement) elevated to two (2) feet above the base flood elevation or
the highest adjacent grade at least as high as the depth number specified in feet on the
community's FIRM (at least 2 feet if no depth number is specified).
(2) All new construction and substantial improvements of non-residential structures;
(a) have the lowest floor (including basement) elevated to two (2) feet above the base
flood elevation or the highest adjacent grade at least as high as the depth number
specified in feet on the community's FIRM (at least 2 feet if no depth number is
specified), or
(b) together with attendant utility and sanitary facilities be designed so that below the
base specified flood depth in an AO Zone, or below the Base Flood Elevation in an AH
Zone, level the structure is watertight with walls substantially impermeable to the
passage of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads of effects of buoyancy.
(3) A registered professional engineer or architect shall submit a certification to the
Floodplain Administrator that the standards of this Section, as proposed in Section 3.904,
(c) are. satisfied.
(4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to
guide flood waters around and away from proposed structures.
(E) FLOODWAYS
Floodways - located within areas of special flood hazard established in Section 3.903 (b), are
areas designated as floodways. Since the floodway is an extremely hazardous area due to the
velocity of flood waters which carry debris, potential projectiles and erosion potential, the
following provisions shall apply:
(1) Encroachments are prohibited, including fill, new construction, " substantial
improvements and other development within the adopted regulatory floodway unless it has
been demonstrated through hydrologic and hydraulic analyses performed in accordance with
standard engineering practice that the proposed encroachment would not result in any
increase in flood levels within the community during the occurrence of the base flood
discharge.
(2) If Section 3.905 (E) (1) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of Section
3.905.
(3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Program Regulations, a community may permit encroachments within the adopted
regulatory floodway that would result in an increase in base flood elevations, provided that
the community first completes all of the provisions required by Section 65.12.
(4) Floodway easements shall be provided along natural drainage ways and lake
reservations. Floodway easements shall encompass all areas beneath the water surface
elevation of the base flood, plus such additional width as may be required to provide ingress
and egress to allow maintenance of the banks and for the protection of adjacent property, as
determined and required by the floodplain administrator.
(5) The following statement of restrictions shall be placed in the dedication instrument of
the subdivision plat:
"Floodway ]Easement Restriction: No construction shall be allowed within a floodway
easement without the approval of the City of Sanger and then only after detailed
engineering plans and studies show that no flooding will result."
(F) FLOODPLAIN DEVELOPMENT
Any land. which in the natural state is subject to a 100-year flood or which cannot be
properly drained shall not be subdivided, resubdivided, or developed until receipt of
evidence that the construction of specific improvements proposed by the developer can be
accepted to yield a usable building site(s). Thereafter, the planning and zoning commission
may recommend approval of the plat. However, construction upon such land shall be
prohibited until the specific improvements have been planned and construction completed.
(1) The following statement of restrictions shall be placed in the dedication
instrument of the subdivision plat:
"Floodplain Restriction: No construction or filling, without the approval of the
City of Sanger shall be allowed within the floodplain area, and then only after
detailed engineering plans and studies show that no flooding will result, that no
obstruction to the natural flow of water will result and subject to all owners of the
property affected by such construction becoming party to the request. Where
construction is permitted, all finished floor elevations shall be a minimum of two
feet above base flood elevation."
(G) SEVERABILITY
If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this Ordinance.
(H) PENALTIES FOR NON COMPLIANCE
No structure or land shall hereafter be constructed, located, extended, converted, or altered
without full compliance with the terms of this ordinance 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 $ 2000.00 for each
violation, and in addition shall pay all costs and expenses involved in the case. Each day a
violation occurs is a separate offense. Nothing herein contained shall prevent City of Sanger from
taking such other lawful action as is necessary to prevent or remedy any violation.
(I) CERTIFICATION OF ADOPTION
APPROVED:��-�
(community official)
PASSED: Wi 0,I w
(Adoption date)
ORDINANCE BECOMES EFFECTIVE: 4/18/11
(Effective date)
I, the undersigned, Tami Taber, City Secretary, 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 March 7, 2011.
(Signature of Certifying Official)
(SEAL) J
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