G-08-09-11-10B1 - 9/11/2008ORDINANCE NO.( !(- 10B(
AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.1000,
CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND
ROCK, TEXAS, REGARDING FLOOD DAMAGE PREVENTION
REGULATIONS; AND PROVIDING FOR A SAVINGS CLAUSE AND
REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That Chapter 3, Section 3.1000, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to read
as follows:
SECTION 3.1000 FLOOD DAMAGE PREVENTION REGULATIONS
3.1001 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 government units to adopt
regulations designed to minimize flood losses. Therefore, the City Council of the City of
Round Rock, Texas, does ordain as follows:
3.1002 FINDINGS OF FACT
(1)
The flood hazard areas of Round Rock are subject to periodic inundation which may
result 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 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, floodproofed or otherwise protected from flood damage.
3.1003 STATEMENT OF PURPOSE
It is the purpose of this section 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;
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(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.
3.1004 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this section 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;
Control the alteration of natural floodplains, stream channels, and natural protective
barriers, which are involved in the accommodation of flood waters;
(3)
(4) Control filling, grading, dredging and other development which may increase flood
damage;
(5) Prevent or regulate the construction of floodbarriers which will unnaturally divert flood
waters or which may increase flood hazards to other lands.
3.1005 DEFINITIONS
Unless specifically defined below, words or phrases used in this section shall be interpreted to
give them the meaning they have in common usage and to give this section its most reasonable
application.
(1)
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.
(2) Apex means a point on an alluvial fan or similar landform below which the flow path
of the major stream that formed the fan becomes unpredictable and alluvial fan flooding
can occur.
(3) 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.
(4) Area of Future Conditions Flood Hazard means the land area that would be inundated
by the one percent (1 %) annual chance (100 year) flood based on future conditions
hydrology.
(5)
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 one percent (1%) chance
or greater annual chance of flooding to an average depth of one to three feet where a
clearly defined channel does not exist, where the path of flooding is unpredictable and
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where velocity flow may be evident. Such flooding is characterized by ponding or sheet
flow.
(6) Area of Special Flood Hazard is the land in the floodplain within a community subject
to a one percent (1%) 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
ratemaking has been completed in preparation for publication of the FIRM, Zone A,
usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE,
AR/AO, AR/AH, AR/A, VO, V1-30, VE or V
(7) Base Flood means the flood having a one percent (1%) chance of being equaled or
exceeded in any given year.
(8) 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, V1 -V30, or VE that indicates the water surface elevation resulting
from the flood that has a one percent (1%) chance of equaling or exceeding that level in
any given year - also called the Base Flood.
(9) Basement means any area of the building having its floor subgrade (below ground
level) on all sides.
(10) 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.
(11) 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.
(12) Development means any man-made change in improved and unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials.
(13) Elevated Building means a nonbasement building (i) built, in the case of a building in
Zones A1-30, AE, A, A99, AO, 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. In the case of
Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also
includes a building elevated by means of fill or solid foundation perimeter walls with
opening sufficient to facilitate the unimpeded movement of flood waters. In the case of
Zones V1-30, VE, or V, "elevated building" also includes a building otherwise meeting
the definition of "elevated building," even though the lower area is enclosed by means
of breakaway walls if the breakaway walls met the standards of Section 60.3(e) (5) of
the National Flood Insurance Program regulations.
(14) 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."
(15) 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
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concrete pads) is completed before the effective date of the floodplain management
regulations adopted by a community.
(16) 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).
(17) Flood or Flooding means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(a) the overflow of inland or tidal waters;
(b) the unusual and rapid accumulation or runoff of surface waters from any
source.
(18) 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.
(19) 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.
(20) 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.
(21) Floodplain or Flood -Prone Area means any land area susceptible to being inundated by
water from any source (see definition of flooding).
(22) 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.
(23) 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.
(24) 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 areas within a
community subject to a "special flood hazard" and the extent of the depths of
associated flooding. Such a system typically includes hurricane tidal barriers, dams,
reservoirs, levees or dikes. These specialized flood modifying works are those
constructed in conformance with sound engineering standards.
(25) 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.
(26) 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
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without cumulatively increasing the water surface elevation more than a designated
height.
(27) 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 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.
(28) Highest Adjacent Grade means the highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
(29) Historic Structure means any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on
the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
(c) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior;
or
(d) Individually listed on a local inventory or historic places in communities with
historic preservation programs that have been certified either:
(i) By an approved state program as determined by the Secretary of the
Interior; or
(ii) Directly by the Secretary of the Interior in states without approved
programs.
(30) 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.
(31) 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.
(32) 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.
(33) 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."
(34) 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.
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(35) 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.
(36) 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.
(37) 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.
(38) 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.
(39) 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 a designated height.
(40) Riverine — means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
(41) 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 one hundred eighty (180) days of the permit date. The
actual start means either the first placement of permanent construction of a structure on
a site, such as the pouring of 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.
(42) 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.
(43) Substantial Damage means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed
fifty percent (50%) of the market value of the structure before the damage occurred.
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(44) Substantial Improvement means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of
the market value of the structure before "start of construction" of the improvement.
This 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."
(45) Variance is a grant of relief to a person from the requirement of this section when
specific enforcement would result in unnecessary hardship. A variance, therefore,
permits construction or development in a manner otherwise prohibited by this section.
(For full requirements see Section 60.6 of the National Flood Insurance Program
regulations.)
(46) 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.
(47) 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.
3.1006 GENERAL PROVISIONS
(1) Lands to Which These Provisions Apply
This section shall apply to all areas of special flood hazard within the jurisdiction of the
City of Round Rock, Texas.
(2) 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 reports entitled, "The Flood Insurance Study for
Williamson County, Texas and Incorporated Areas," dated September26, 2008, and the
"Flood Insurance Study for Travis County, Texas and Incorporated Areas" dated
September 26, 2008, with accompanying Flood Insurance Rate Maps and any revisions
thereto are hereby adopted by reference and declared to be a part of this section.
(3) Establishment of Development Permit
A Floodplain Development Permit shall be required to ensure conformance with the
provisions of this section.
(4) Compliance
No structure or land shall hereafter be located, altered, or have its use changed without
full compliance with the terms of this section and other applicable regulations.
(5) Abrogation and Greater Restrictions
This section is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this section and another conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
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(6) Interpretation
In the interpretation and application of this section, 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.
(7) Warning and Disclaimer or Liability
The degree of flood protection required by this section 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 section 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 section 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
section or any administrative decision lawfully made thereunder.
3 1007 ADMINISTRATION
(1) Designation of the Floodplain Administrator
The City Engineer for the City of Round Rock is hereby appointed the Floodplain
Administrator to administer and implement the provisions of this section and other
appropriate sections of 44 CFR (National Flood Insurance Program Regulations)
pertaining to floodplain management.
(2) Duties and Responsibilities of the Floodplain Administrator
Duties and responsibilities of the Floodplain Administrator shall include, but not be
limited to, the following:
(a) Maintain and hold open for public inspection all records pertaining to the
provisions of this section.
(b) Review permit application to determine whether proposed building site,
including the placement of manufactured homes, will be reasonably safe from
flooding.
(c) Review, approve or deny all applications from development permits required
by adoption of this section.
(d) Review permits for proposed development to assure that all necessary permits
have been obtained from those Federal, state or local governmental agencies
(including section 404 of the Federal Water Pollution Control Act Amendments
of 1972, 33 U.S.C. 1334) from which prior approval is required.
(e) 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.
(f) Notify, in riverine situations, adjacent communities and the State Coordinating
Agency which is the Texas Water Development Board (TWDB), prior to any
alteration or relocation of a watercourse, and submit evidence of such
notification to the Federal Emergency Management Agency.
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(g) Assure that the flood carrying capacity within the altered or relocated portion
of any watercourse is maintained.
(h) When base flood elevation data has not been provided in accordance with
Section 3.1006(2), 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
Section 3.1008.
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.
(j) 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 one foot,
provided that the community first completes all of the provisions required by
44 CFR Chapter 1, Section 65.12.
(i)
(3) Permit Procedures
(a) Application for a Floodplain 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 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:
(i) Elevation (in relation to mean sea level), of the lowest floor (including
basement) of all new and substantially improved structures;
(ii) Elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed;
(iii) A certificate from a registered professional engineer or architect that
the nonresidential floodproofed structure shall meet the floodproofing
criteria of Section 3.1008(2)(b);
(iv) Description of the extent to which any watercourse of natural drainage
will be altered or relocated as a result of proposed development; and
(v) Maintain a record of all such information in accordance with Section
3.1007(2)(a).
(b) Approval or denial of a Development Permit by the Floodplain Administrator
shall be based on all of the provisions of this section and the following relevant
factors:
(i) The danger to life and property due to flooding or erosion damage;
(ii) The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
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(iii) The danger that materials may be swept onto other lands to the injury
of others;
(iv) The compatibility of the proposed use with existing and anticipated
development;
(v) The safety of access to the property in times of flood for ordinary and
emergency vehicles;
(vi) 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;
(vii) 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;
(viii) The necessity to the facility of a waterfront location, where applicable;
(ix) The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use;
(x) The relationship of the proposed use to the comprehensive plan for that
area.
(4) Variance Procedures
(a) The Appeal Board as established by the community shall hear and render
judgment on requests for variances from the requirements of this section.
(b) 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
section.
(c) Any person or persons aggrieved by the decision of the Appeal Board may
appeal such decision in the courts of competent jurisdiction.
(d) 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.
(e) 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.
(f) 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 3.1007(3)(b) have been fully
considered. As the lot size increases beyond the one-half acre, the technical
justification required for issuing the variance increases.
Upon consideration of the factors noted above and the intent of this section, the
Appeal Board may attach such conditions to the granting of variances as it
deems necessary to further the purpose and objectives of this section (Section
3.1003).
(g)
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(h) Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
(i) 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.
(j) Prerequisites for granting variances:
(i)
Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
(ii) 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.
(iii) 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.
(k) 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
3.1007(4)(a) -(i) 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.
3.1008 PROVISIONS FOR FLOOD HAZARD REDUCTION
(1) General Standards
In all areas of special flood hazards the following provisions are required for all new
construction and substantial improvements.
(a) 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;
(b) All new construction or substantial improvements shall be constructed by
methods and practices that minimize flood damage;
(c) All new construction or substantial improvements shall be constructed with
materials resistant to flood damage;
(d) 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
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from entering or accumulating within the components during conditions of
flooding.
(e) All new and replacement water supply systems shall be designed to minimize
or eliminate infiltration of flood waters into the system;
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,
On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(t)
(g)
(2) Specific Standards
In all areas of special flood hazards where base flood elevation data has been provided
as set forth in (i) Section 3.1006(2), (ii) Section 3.1007(2)(h), or (iii) Section
3.1008(3)(e), the following provisions are required:
(a) Residential Construction - new construction and substantial improvement of any
residential structure shall have the lowest floor (including basement), elevated
to or above the base flood elevation. A registered professional engineer,
architect, or land surveyor shall submit a certification to the Floodplain
Administrator that the standard of this subsection as proposed in Section 3.1007
(3) (a)(i), is satisfied.
(b) Nonresidential Construction - new construction and substantial improvements
of any commercial, industrial or other nonresidential structure shall either have
the lowest floor (including - basement) elevated to or above the base flood level
or together with attendant utility and sanitary facilities, be designed so that
below the base flood level the structure is watertight with 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.
(c) 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:
(i) A minimum of two openings on separate walls 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.
(ii) The bottom of all openings shall be no higher than one foot above
grade.
12
(iii) Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry and
exit of floodwaters.
(d) Manufactured Homes
(i) 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 wing forces.
(ii) Require that manufactured homes that are placed or substantially
improved within Zones A1-30, 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 a
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 or above the base flood
elevation and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement.
(iii) Require that manufactured homes be placed or substantially improved
on sites in an existing manufactured home park or subdivision with
Zones A1-30, AH and A on the community's FIRM that are not subject
to the provisions of paragraph (4) of this section be elevated so that
either:
(a) the lowest floor of the manufactured home is at or above the
base flood elevation, or
(b) 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.
(e) Recreational Vehicles - require that recreational vehicles placed on sites within
zones A1-30, AH, and A on the community's FIRM either: (i) be on the site
for fewer than 180 consecutive days; (ii) be fully licensed and ready for
highway use; or (iii) meet the permit requirements of Section 3.1007(3)(a), and
the elevation and anchoring requirements for "manufactured homes" in
paragraph (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.
(3) Standards for Subdivision Proposals
(a) All subdivision proposals including the placement of manufactured home parks
and subdivisions shall be consistent with Sections 3.1001, 3.1002 and 3.1003.
13
(b) All proposals for the development of subdivisions including the placement of
manufactured home parks and subdivisions shall meet Floodplain Development
Permit requirements of Section 3.1006(3), Section 3.1007(3) and Section
3.1008 of this section.
(c) Base flood elevation data shall be
proposed development including
and subdivisions which is greater
not otherwise provided pursuant
of this section.
(d) All subdivision proposals including the placement of manufactured home parks
and subdivisions shall have adequate drainage provided to reduce exposure to
flood hazards.
(e) 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.
(4) Standards for Areas of Shallow Flooding (AO/AH Zones)
Located within the areas of special flood hazard established in Section 3.1006(2), 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 where velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow; therefore, the following
provisions apply:
(a) 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 feet if no depth number is specified).
(b) All new construction and substantial improvements of non-residential
structures:
(i) have the lowest floor (including basement) elevated to or 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 two
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.
(c) A registered professional engineer or architect shall submit a certification to the
Floodplain Administrator that the standards of this Section, as proposed in
Section 3.1007(3)(a)(i), are satisfied.
(d) sleopes,eto guide floZones
od waterr s aroOund and away frouate m pathson
rproposed structures.
generated for subdivision proposals and other
the placement of manufactured home parks
than 50 lots or 5 acres, whichever is lesser, if
to Section 3.1006(2) or Section 3.1007(2)(h)
14
(5) Floodways
Floodways located within areas of special flood hazard established in Section
3.1006(2), are areas designated as floodways. Since the floodway is an extremely
hazardous area due to the velocity of flood waters which carry debris, potential
projectiles and erosion potential, the following provisions shall apply:
(a) Encroachments are prohibited, including fill, new construction, substantial
improvements and other 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 r woulde o°currence of the base flood discharge. levels within the
community during h
(b) If Section 3.1008(5)(a) above is satisfied, allnewco struflootihazard and srbstantial tion
improvements shall comply with all applicable
provisions of Section 3.1008.
(c) Under the provisions of 44 CFR Chapter 1, Section 65.12,ohmentthes watiithin
FFlood Insurance Regulations, a community may permit
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 44 CFR Chapter 1, Section 65.12.
(6) 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.
(7) 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 $_500 for each violation, and in addition shall pay all
costs and expenses involved in the case. Nothing herein contained shall prevent the
Round Rock City Council from taking such other lawful action as is necessary to
prevent or remedy any violation.
II.
This ordinance shall have an effective date of September
26, 2008.
15
III.
A.
A11 ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B.
The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C.
The City Council hereby finds and declares that
written notice of the date, hour,p
lace and subject of the
osted and that
meeting at which this Ordinance was adopted was p
such meeting was open to the public as required by law at all
urin which this Ordinance and the subject matter hereof
times d g on, all as
were discussed, considered and formally acted up
required by
the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
READ and APPROVED on first reading
this the 43'f5_1 -day of
2008
READ, APPROVED and ADOPTED on second reading this the
1, day of
ATTE T:
, 2008.
SARA L. WHITE, City Secretary
ALAN MCGRAW, Mayor
City of Round Rock, Texas
16
DATE: September 4, 2008
SUBJECT: City Council Meeting — September 11, 2008
ITEM: *1061. Consider an ordinance amending Chapter 3, e Section
3.1000,
Rotion und d Rock
Code of Ordinances, regarding Flood Damage
s.
(Second Reading)
Department:
Staff Person:
Engineering and Development Services
Danny Halden, P.E., City Engineer
Justification:
The Federal Emergency Management Agency
(FEMA) of the United States Department of
Homeland Security (DHS) is revising the Flood Insurance Rate Maps that the (CFIR 'Round Rock
) for both
Williamson County and Travis County, Texas. FEMA has requested
u date its current Flood Damage Prevention Regulations Ordinance to match the model
p
ordinance supplied to the City by FEMA.
Fundin
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
In order to be a participant in the United States National
HS Insurance Program (NFIP), a The City of Round Rock has
community must adopt regulations acceptable by the Dyears currently has regulations that meet
been a participant in the NAP in excess of twenty y
the requirements of the NFIP. The FIRM'S for Williamson
u 2008n Norsubstantial changes to
County, Texas are
being revised by FEMA to become effective on September 26
the FIRM's are being made that are relevant to the City. The changes
ina Iou
the areonf ound
Rokc
ack
are the result of more up-to-date topographic information supplied bY the Ure
with the FIRM'S revisions, FEMA has supplied the City with a model ordinance and has
requested that the City modify its current ordinance in accordance City's with
saidrrent model. is worded
this ordinance amendment will meet FEMA's request. The
's current
almost verbatim relative to the model, and no substantial ltadd ng and
ordinance result because of this amendment. Thep posed changes consist of
renumbering definitions, changing the dates for the effective FIRM's anwithind acce umpoaflrrent ing rdis studies,
changing references, and adding severability and penalty
clauses
Public Comment: N/A