HomeMy WebLinkAboutOrdinances (O-82-459)-10/05/1982
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NO. ORDINANCE 0-82-459
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AN ORDINANCE DEFINING TERMS IN RELATIONSHIP TO FLOODING AND FLOOD
HAZARDS, REQUIRING COMPLIANCE WITH SPECIFIC PROCEDURES IN ORDER
TO DEVELOP AREAS PRONE OR SUBJECT TO FLOODING, PROVIDING FOR THE
ADMINISTRATION OF PROCEDURES RELATING TO THE DEVELOPMENT OF
FLOOD-PRONE AREAS AND SETTING OUT SPECIFIC STANDARDS THEREFOR.
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WHEREAS, the City desires to participate in the National Flood
Insurance Program; and,
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WHEREAS, in order to participate in that program, the Federal
government requires the enactment of the following
ordinance; NOW, THEREFORE,
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10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE,
TEXAS:
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ARTICLE I.
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STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
13 Sec. A. STATUTORY AUTHORIZATION.
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The Legislature of the State of Texas has by the
statutes delegated the responsibility to local
governmental units to adopt regulations designed to
minimize flood losses. Therefore, the City Council of
the City of Colleyville, Texas does ordain as follows:
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Sec. B.
FINDING OF FACT.
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(1) The flood hazard areas of the City of Colleyville
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.
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(2) These flood losses are created by the cumulative
effect of obstructions in flood plains 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, flood-proofed, or otherwise
protected from flood damage.
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Sec. D.
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) To protect human life and health;
(2) To minimize expenditure of public money for costly
flood control projects;
(3) To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the
expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and
utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located
in flood plains;
(6) To 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) To insure the potential buyers are notified that
property is in a flood area.
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 flood plains,
stream channels, and natural protective barriers, which
are involved in the accomodation of flood waters;
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(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 increases 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 city
manager's interpretation of any provisions of this
ordinance or a request for a variance.
Area of Shallow Flooding--means a designated AO, AH, or
VO Zone on a community's Flood Insurance Rate Map (FIRM)
with a one percent or greater chance of flooding to an
average depth of one to three feet where a clearly
defined channel does not exist, where the path of
flooding is unpredictable and where velocity flow may be
evident. Such Flooding is characterized by ponding or
sheet flow.
Area of Special Flood Hazard--is the land in the flood
plain within a community subject to a one percent or
greater chance of flooding in any given year. The area
may be designated as Zone A on the FHBM. After detailed
ratemaking has been completed in preparation for
publication of the FIRM, Zone A usually is refined into
Zones A, AO, AH, Al-9, VO, or Vl-30.
Base Flood--means the flood having a one percent chance
of being equalled or exceeded in any given year.
Development--means any man-made change to improved or
unimproved real estate, including but not limited to,
buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling
operations.
Existing Mobile Home Park or Mobile Home Subdivision--
means a parcel (or contiguous parcels) of land divided
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into two or more mobile home lots for rent or sale for
which.the construction of facilities for servicing the
lot on which the mobile home is to be affixed
(including, at a minimum, the installation of utilities,
either final site grading or the pouring of concrete
pads, and the construction of streets) is completed
before the effective date of this ordinance.
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Expansion to an Existing Mobile Home Park or Mobile
Home Subdivision--means the preparation of additional
sites by the construction of facilities for servicing
the lots on which the mobile homes are to be affixed
(including the installation of utilities, either final
site grading or the pouring of concrete pads, or the
construction of streets).
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Flood or Flooding--means a general and temporary
condition of partial or complete inundation of normally
dry land areas from:
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(1) The overflow of inland or tidal waters.
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(2) The unusual and rapid accumulation or runoff of
surface waters from any source.
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Flood Hazard Boundary Map (FHBM)--means an official map
of a community, issued by the Federal Insurance Adminis-
tration, where the areas within the boundaries of
special flood hazards have been designated as Zone A.
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Flood Insurance Rate Map (FIRM)--means an official map
of a community, on which the Federal Insurance Adminis-
tration has delineated both the areas of special flood
hazards and the risk premium zones applicable to the
community.
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Flood Insurance Study--is the official report provided
by the Federal Insurance Administration. The report
contains flood profiles, the water surface elevation of
the base flood, as well as the Flood Hazard Boundary-
Floodway Map.
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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 inreasing the water surface elevation more
than one foot.
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Habitable Floor--means any floor usable for living
purposes, which includes working, sleeping, eating,
cooking or recreation, or a combination thereof. A
floor used for storage purposes only is not a "habitable
floor".
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Highest Adjacent Grade--means the highest natural
elevation of the ground surface prior to construction
next to the proposed walls of a structure.
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Mean Sea Level--means the average height of the sea for
all stages of the tide.
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Mobile Home--means a structure, transportable in one or
more sections, which is built on a permanent chassis
designed to be used with or without a permanent
foundation when connected to the required utilities. It
does not include recreational vehicles or travel
trailers.
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New Mobile Home Park or Mobile Home Subdivision--meansa
parcel (or contiguous parcels) of land divided into two
or more mobile home lots for rent or sale for which the
construction of facilities for servicing the lot on
which the mobile home is to be affixed (including, at a
minimum, the installation of utilities, either final
site grading or the pouring of concrete pads, and the
construction of streets) is completed on or after the
effective date of this ordinance.
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Start of Construction--means the first placement of
permanent construction of a structure (other than a
mobile home) on a site, such as the pouring of slabs or
footings or any work beyond the stage of excavation.
Permanent construction does not include land
preparation, such as clering, grading, and filling; nor
does it include the installation of streets and/or
walkways; nor does it include excavation for a
abasement, 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 as part of the main structure. For a structure
(other than a mobile home) without a basement or poured
footings, the "start of construction" includes the first
permanent framing or assembly of the structure or any
part thereof on its piling or foundation. For mobile
homes not within a mobile home part or mobile home
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subdivision, "start of construction" means the affixing
of the mobile home to its permanent site. For mobile
homes within mobile home parks or mobile home
subdivisions, "start of construction" is the date on
which the construction of facilities for servicing the
site on which the mobile home is to be affixed
(including, at a minimum, the construction of streets,
either final site grading or the pouring of concrete
pads, and installation of utilities) is completed.
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Structure--means a walled and roofed building that is
principally above ground, as well as a mobile home.
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Substantial Improvement--means any repair,
reconstruction, or improvement of a structure, the cost
of which equals or exceeds 50 percent of the market
value of the structure either, (1) before the
improvement or repair is started, or (2) if the
structure has been damaged and is being restored, before
the damage occurred. For the purposes of this
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, or safety code specifications
which are solely necessary to assure safe living condi-
tions, or (2) any alteration of a structure listed on
the National Register of Historic Places or a State
Inventory of Historic Places.
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~arianc~--is a grant of relief to a person from the
requirements of this ordinance when specific enforcement
would result in unnecessary hardship. A variance,
therefore, permits construction or development in a
manner otherwise prohibited by this ordinance.
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ARTICLE III.
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GENERAL PROVISIONS
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Sec. A. LANDS TO WHICH THIS ORDINANCE APPLIES.
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This ordinance shall apply to all areas of special flood
hazard within the jurisdiction of the City of
Colleyville, Texas.
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Sec. B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
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The areas of special flood hazard identified by the
Federal Insurance Administration in a scientific and
engineering report entitled liThe Flood Insurance Study
for the Ci ty of Colleyvi lIe, 11 dated June 1. 1982
with accompanying Flood Insurance Rate Maps and Flood
Hazard Boundary-Floodway Maps and any revision thereto
are hereby adopted by reference and declared to be a
part of this ordinance.
Sec. C. ESTABLISHMENT OF DEVELOPMENT PERMIT.
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Sec. D.
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Sec. E.
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A Development Permit shall be required to ensure
conformance with the provisions of this ordinance.
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.
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.
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Sec. G.
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In the interpretation and application of this ordinance,
all provisions shall be (1) considered as minimum
requirements; (2) liberally constructed in favor of the
governing body; and (3) deemed neither to limit nor
repeal any other powers granted under State statutes.
WARNING AND DISCLAIMER OF 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
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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 City of
Colleyville, Texas or any officer or employee thereof
for any flood damages that result from reliance on this
ordinance or any administrative decision lawsully made
thereunder.
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ARTICLE IV.
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ADMINISTRATION
9 ec. A. DESIGNATION OF CITY MANAGER.
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The city manager is hereby appointed to administer and
implement the provisions of this ordinance.
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'ec. B.
DUTIES AND RESPONSIBILITIES OF THE CITY MANAGER.
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Duties and responsibilities of the city manager shall
include, but not be limited to:
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(1) Maintain and hold open for public inspection all
records pertaining to the provisions of this ordinance;
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(2) Review, approve or deny all application for
development permits required by Article III, Section C
of this ordinance;
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(3) Review permits for proposed development to assure
that all necessary permits have been obtained from those
Federal, State or local governmental agencies from which
prior approval is required;
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(4) 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 city manager shall make the necessary
interpretation. The person contesting the location of
the boundary shall be given a reasonable opportunity to
appeal the interpretation as provided in Section D(2) of
this Article.
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(5) Notify adjacent communities and the Texas Water
Rights Commission prior to any alteration or relocation
of a watercourse, and submit evidence of such
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notification to the Federal Insurance Administration;
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(6) Assure that maintenance is provided within the
altered or relocated portion of said watercourse so that
the flood carrying capacity is not diminished.
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(7) When base flood elevation data has not been
provided in accordance with Article III, Section B, the
city manager shall obtain, review, and reasonably
utilize any base flood elevation data available from a
Federal, State, or other source, in order to administer
the provision of Article V.
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9 Sec. C. PERMI T PROCEDURES.
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(1) Application for a Development Permit shall be
presented to the city manager on forms furnished by him
and may include, but not be limited to, plans in
duplicate drawn to scale showing the locations,
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:
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a. Elevation in relation to mean sea level, of the
lowest flood (including basement) of all proposed
structures;
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b. Elevation in relation to mean sea level to which
any non-residential structure shall be floodproofed;
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c. A certificate from a registered professional
engineer or architect that the non-residential
floodproofed structure shall meet the floodproofing
criteria of Article 5, Section B(2);
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d. Description of the extent to which any
watercourse or natural drainage will be altered or
relocated as a result of proposed development.
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(2) Approval or denial of a Development Permit by the
ci ty manager shall be based on all of the provisions of
this ordinance and the following relevant factors:
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a. The danger to life and property due to flooding
or erosion damage;
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18 Sec. D.
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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
or 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.
VARIANCES PROCEDURES.
(1) The Zoning Board of Adjustment as established by
the City of Colleyville shall hear and render judgment
on requests for variances from the requirements of this
ordinance.
(2) The Zoning Board of Adjustment 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 city manager in the
enforcement or administration of this ordinance.
(3) Any person or persons aggrieved by the decision of
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the Zoning Board of Adjustment may appeal such decisions
in the courts of competent jurisdiction.
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(4) The city manager shall maintain a record of all
actions involving an appeal and shall report variances
to the Federal Insurance Administration upon request.
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(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 Section.
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(6) Generally, 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.
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(7) Upon consideration of the factors noted above and
the intent of this ordinance, the Zoning Board of
Adjustment may attach such conditions to the granting of
variances as it deems necessary to further the purpose
and objectives of this ordinance (Article I, Sections C
and D).
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(8) Variances shall not be issued within any designated
floodway if any increase in flood levels during the base
flood discharge would result.
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(9) Prerequisites for granting variances:
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a. Variances shall only be issued upon a
determination that the variance is the minimum
necessary, considering the flood hazard, to afford
relief.
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b. Variances shall only be issued upon (i) a
showing of 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,
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extraordinary public expense, create nuisances,
cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
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c. Any applicant to whom a variance is granted
shall be given written notice that the structure
will be permitted to be built with a lowest floor
elevation no more than 3 feet 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.
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ARTICLE V.
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PROVISIONS FOR FLOOD HAZARD REDUCTION
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GENERAL STANDARDS.
ec. A.
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In all area of special flood hazards the following
provisions are required:
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(1) All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or
lateral movement of the structure;
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(2) All new construction or substantial improvements
shall be constructed by methods and practices that
minimize flood damage;
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(3) All new construction or substantial improvements
shall be constructed with materials and utility
equipment resistant to flood damage;
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(4) All new and replacement water supplY systems shall
be designed to minimize or eliminate infiltration of
flood waters into the system;
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(5) New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of
flood waters into the system and discharges from the
systems into flood waters; and,
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(6) On site waste disposal systems shall be located to
avoid impairment to them or contamination from them
during flooding.
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ec. B. SPECIFIC STANDARDS.
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In all areas of special flood hazards where base flood
elevation data has been provided as set forth in (i)
Article I I I, Section B, (i i) Article IV, Section B(7),
or (iii) Article V, Section D(3) the following
provisions are required:
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(l) Residential Construction - New construction or
substantial improvement of any residential structure
shall have the lowest floor, including basement,
elevated to or above the base flood elevation. A
registered professional engineer, architect, or land
surveyor shall submit a certification to the city
manager that the standard of this subsection, as
proposed in Article IV, Section C(l)(a), is satisfied.
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(2) Non-residential Construction- New construction or
substantial improvement of any commercial, industrial or
other non-residential structure shall either have the
lowest floor, including basement, elevated to the level
of the base flood elevation or, together with attendent
utility and sanitary facilities, be floodproofed 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 of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy. A registered
professional engineer or architect shall submit a
certification to the city manager that the standards of
this subsection as proposed in Article IV, Section
C(l)(c), are satisfied.
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(3) Mobile Homes -
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a. No mobile home shall be placed in a floodway,
or if applicable, a coastal high hazard area,
except in an existing mobile home park or existing
mobile home subdivision.
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b. All mobile homes shall be anchored to resist
flotation, collapse, or lateral movement. Specific
requirements shall be:
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(i) over-the-top ties at each of the four
corners of the mobile home, with two additional
ties per side at intermediate locations and
mobile homes less than 50 feet long requiring
one additional tie per side;
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(ii) frame ties at each corner of the home with
five additional ties per side at intermediate
points and mobile homes less than 50 feet long
requiring four additional ties per side;
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(iii) all components of the anchoring system be
capable of carrying a force of 4,800 pounds;
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(iv) any additions to the mobile home be
similarly anchored.
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c. For new mobile home parks and subdivisions; for
expansions to existing mobile home parks and
subdivisions; for existing mobile home parks and
subdivisions where the repair, reconstruction or
improvement of the streets, utilities and pads
equals or exceeds 50 percent of value of the
streets, utilities and pads before the repair,
reconstruction or improvement has commenced; and
for mobile homes not placed in a mobile home park
or subdivision require:
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(i) stands or lots are elevated on compacted
fill or on pilings so that the lowest floor of
the mobile home will be at or above the base
flood level. A registered professional
engineer, architect, or land surveyor shall
submit a certification to the city manager that
the standard of this paragraph complies with
Section B(l) of this Article.
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(ii) adequate surface drainage and access for
a hauler are provided; and,
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(iii) in the instance of elevation on pilings:
(1) lots are large enough to permi t steps, (2)
piling foundations are placed in stable soil no
more than ten feet apart, and (3) reinforcement
is provided for pilings more than six feet
above the ground level.
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(4) 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:
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a. Encroachments are prohibited, including fill,
new construction, substantial improvements and
other developments unless certification by a
professional registered engineer or architect is
provided demonstrating that encroachments shall not
result in any increase in flood levels during
occurence of the base flood discharge.
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b. If Article V, Section B(4)(a) above is
satisfied, all new construction and substantial
improvements shall comply with all applicable flood
hazard reduction provisions of Article V.
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c. Prohibit the placement of any mobile homes,
except in an existing mobile home park or sub-
division.
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Sec. C. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES)
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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 1 to 3 feet where a clearly defined channel does not
exist and where the path of flooding is unpredictable
and indeterminate; therefore, the following provisions
apply:
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(l) 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 (a tIe a s t two fee t i f nod e p t h n u m b e r i s
specified).
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(2) All new construction and substantial
improvements of nonresidential structures:
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(i) have the lowest floor (including
basement) elevated above the highest adjacent
grade at least as high as the depth number
specified in feet on the community's FIRM (at
least two feet if no depth number is
specified), or;
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(ii) together with attendant utility and
sanitary facilities be designated so that
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Ordinance 0-82-459
Page 16
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11 Sec. D.
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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.
(3) A registered professional engineer or
architect shall submit a certification to the city
manager the standards of this Section, as proposed
in Article IV, Section C(l)(a), are satisfied.
(4) Require within Zones AH and AO, adequate
drainage paths around structures on slopes, to
guide floodwaters around and away from proposed
structures.
STANDARDS FOR SUBDIVISION PROPOSALS.
(l) All subdivision proposals shall be consistent with
Article I, Sections B, C and D of this ordinance.
(2) All proposals for the development of subdivisions
shall meet Development Permit requirements of Article
III, Section C, Article IV, Section C, and the
provisions of Article V of this ordinance.
(3) Base flood elevation data shall be provided for
subdivision proposals and other proposed development
which is greater than the lesser of 50 lots or 5 acres,
if not otherwise provided pursuant to article III,
Section B or Article IV, Section B(7) of this ordinance.
(4) All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood hazards.
(5) All subdivision proposals shall have public
utilities and facilities such as sewer, gas, electrical
and water systems located and constructed to minimize
flood damage.
It is hereby found and declared by the City of
Colleyville 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 effective-
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ly 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.
The fir~t reading and Pyblilt he~r.ing. being conducted on the
7-tl:; day of ~x:J..fiJ1----"Nd't/~, 1982.
The seqond rea~ing.~d~bliE hearing being conducted on the
dlq/ day of ~/jJLL"-C"G , 1982.
The t~d reading andnPupl~C hearing being conducted on the
~t day of 6,l/!.lJi1}-t/L ' 1982.
Ordinance 0-82-459
Page 17
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AND IT IS SO ORDERED.
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ATTEST:
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LaVada Johnso
17 City Secretary
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Approved as to form and legality:
JT~
~. Foster
City Attorney
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CITY OF COLLEYVILLE
By: ~~j W
B ck Hubbara, a or
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