O-77-515 - 11/22/1977ORDINANCE NO. 51,5-
AN
j5"
AN ORDINANCE ADOPTING REGULATIONS DESIGNED TO
MINIMIZE FLOOD LOSSES: MAKING FINDINGS OF FACT:
STATING THE PURPOSE: ESTABLISHING METHODS OF
REDUCING FLOOD LOSSES: DEFINING CERTAIN TERMS:
ESTABLISHING THE JURISDICTIONS: ESTABLISHING
AREAS OF FLOOD HAZARD: ESTABLISHING A DEVELOP-
MENT PERMIT: DISCLAIMING LIABILITY: PROVIDING
FOR THE APPOINTMENT OF THE CITY PLANNER TO ADMIN-
ISTER AND IMPLEMENT THIS ORDINANCE: PROVIDING
FOR THE DUTIES AND RESPONSIBILITIES OF THE CITY
PLANNER IN SUCH ADMINISTRATION: PROVIDING FOR
PERMIT PROCEDURES: PROVIDING FOR VARIANCE PRO-
CEDURES: ESTABLISHING GENERAL STANDARDS AS WELL
AS SPECIFIC STANDARDS: ESTABLISHING STANDARDS
FOR SUBDIVISION PROPOSALS: PROVIDING FOR A PENALTY
AND A SAVINGS CLAUSE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS:
That an ordinance to be known as the "Flood Hazard Pre-
vention Ordinance" be adopted to read as follows:
FLOOD HAZARD PREVENTION ORDINANCE
TABLE OF CONTENTS
ARTICLE I STATUTORY AUTHORIZATION, FINDINGS OF FACT,
PURPOSE AND SODS 1
Section A Statutory Authorization 1
Section B Findings Of Fact 1
Section C Statement Of Purpose • 1
Section D Methods Of Reducing Flood Losses 2
ARTICLE 2 DEO Ni ITIONS 2
ARTICLE 3 GENERAL PROVISIONS 4
Section A Lands To Which This Ordinance Applies 4
Section B Basis For Establishing The Areas of Special Flood
Hazard 4
Section C Establishment Of Development Permit 5
Section D Compliance 5
Section E Abrogation And Greater Restrictions 5
Section F Interpretation 5
Section G Warning And Disclaimer Of Liability 5
ARTICLE 4 ADMINISTRATION 5
Section A Designation Of Local Administrator 5
Section B Duties and Responsibilities 6
Section C Permit Procedures 6
Section D Variance Procedures 7
ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION 8
Section A General Standards 8
Section B Specific Standards 9
1. Residential Construction 9
2. Non-residential Construction 9
3. Mobile Homes 9
Section C Standards For Subdivision Proposals 10
ARTICLE 6 PENALTY PROVISION 10
ARTICLE 7 SAVINGS CLAUSE 11
FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE I
STATUTORY AUTHORIZATION, FINDINGS OF FACT,
PURPOSE AND METHODS
Section A. Statutory Authorization
The Legislature of the State of Texas has in Section 16.315,
Texas Water Code, delegated the responsibility to local governmen-
tal units to adopt regulations designed to minimize flood losses.
Section B. Findings of Fact
1. The flood hazard areas of Round Rock are subject
to periodic inundation which results in loss of life
and property, health and safety hazards, disruption
of commerce and governmental services, and extraor-
dinary 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, flocdproofed, or otherwise pro-
tected from flood damage.
Section C. Statement of Purpose
It is the purpose of this ordinance to promote the public
health, safety and general welfare and to minimize public and
private losses due to flood conditions in specific areas by
provisions designed to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly
flood control projects;
3. Minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at
the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and
sewer lines, streets and bridges located in flood plains;
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 the potential buyers are notified that pro-
perty is in a flood area.
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Section D. 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, in-
cluding facilities which serve such uses, be pro-
tected 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 accommodation of flood
waters;
4. Control filling, grading, dredging and other de-
velopment which may increase. flood damage;
5. Prevent or regulate the construction of flood
barriers which will increase flood hazards to other
lands;
ARTICLE 2
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 --a request for a review of the City Planner's inter-
pretation of any provision of this ordinance or a request for
a variance.
AREA OF SHALLOW FLOODING --a designated AO Zone on a community's
Flood Insurance Rate Map (FIRM) with base flood depths from one
to three feet. This condition occurs where a clearly defined
channel does not exist, where the path of flooding is unpredic-
table and indeterminate, and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD --the land in the flood plain within
a community subject to a one percent or greater chance of flooding
in any given year.
BASE FLOOD --the flood having a one percent chance of being equaled
or exceeded in any given year.
DEVELOPMENT ---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 --a parcel
(or continguous parcels) of land divided into two or more mobile
home lots for rent or sale for which the construction of faci-
lities 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 --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 instal-
lation of utilities, either final site grading or pouring
of concrete pads, or the construction of streets).
FLOOD OR FLOODING --a general and temporary condition of par-
tia 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 HAZARD BOUNDARY MAP (FHBM)--an official map of a
community, issued by the Federal Insurance Administration,
where the areas within the boundaries of special flood
hazards have been designated as Zone A.
FLOOD INSURANCE RATE MAP (FIRM) --an official map of a com-
munity, on which the Federal Insurance Administration has
delineated both the areas of special flood hazards and the
risk premium zones applicable to the community.
FLOOD INSURANCE STUDY --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.
FLOODWAY--the channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing
the water surface elevation more than one foot.
HABITABLE FLOOR --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."
MEAN SEA LEVEL --the average height of the sea for all stages
of the tide.
MOBILE HOME --a structure, transportable in one or more sections
which is built on a permanent chassis and 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,
NEW MOBILE HOME PARK OR MOBILE HOME SUBDIVISION --a parcel (or con-
tiguous parcels) of land divided into two or more mobile home lots
for rent or sale for which the construction of facilities for ser-
vicing the lot on which the mobile home is to be affixed (in-
cluding, 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.
START OF CONSTRUCTION --the first placement of permanent construc-
tion 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 prepar-
ation, such as clearing, grading, and filling; nor does it include
the installation of streets and/or walkways; nor does it include
excavation for a 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
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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.struc-
ture or any part thereof on its piling or foundation. For
mobile homes not within a mobile home park or mobile home
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.
STRUCTURE --a walled and roofed building that is principally
aboveground, as well as a mobile home.
SUBSTANTIAL IMPROVEMENT --any repair, reconstruction, or im-
provement 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 "sub-
stantial 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 altera-
tion 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 conditions, or
(2) any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of Historic
Places.
VARIANCE --a grant of relief to a person from the requirements
of tEmi.s ordinance when specific enforcement would result in
unnecessary hardship. A variance, therefore, permits construc-
tion or development in a manner otherwise prohibited by this
ordinance.
ARTICLE 3
GENERAL PROVISIONS
Section A. Lands to Which This Ordinance Applies
This ordinance shall apply to all areas of special flood
hazard within the corporate limits of the City of Round Rock,
Texas as may be hereafter extended or altered in any way.
Section B. Basis for Establishing the Areas of Special Flood
Hazard
The areas of special flood hazard identified by the Federal
Insurance Administration on its Flood Hazard Boundary Map (FHBM),
Community No. 481048A, dated September 13, 1977, and any revi-
sions thereto are hereby adopted by reference and declared to be
a part of this ordinance.
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Section C. Establishment of Development Permit
A Development Permit shall be required to ensure confor-
mance with the provisions of this ordinance.
Section D. Compliance
No structure or land shall hereafter be located, altered,
or have its use changed without full compliance with the terms
of this ordinance and other applicable regulations.
Section E. Abrogation and Greater Restrictions
This ordinance is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions.
However, where this ordinance and another conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
Section F F. Interpretation
In the interpretation and application of this ordinance,
all provisions shall be: (1) considered as minimum requirements;
(2) liberally construed in favor of the governing body; and
(3) deemed neither to limit nor repeal any other powers granted
under State statutes.
Section G. Warning and Disclaimer 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 occa-
sions 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 City of Round Rock or any officer
or employee thereof for any flood damages that result from re-
liance on this ordinance or any administrative decision lawfully
made thereunder.
ARTICLE 4
ADMINISTRATION
Section A. Designation of City Planner
The City Planner is hereby appointed to administer and
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implement the provisions of this ordinance.
Section B. Duties and Responsibilities of the City Planner
Duties and responsibilities of the City Planner 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, approve or deny all applications for devel-
opment permits required by Article 3, Section C of this
ordinance;
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;
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 Planner shall make the
necessary interpretation.
5. Notify adjacent communities and the Texas Depart-
ment of Water Resources prior to any alteration or
relocation of a watercourse, and submit evidence of
such notification to the Federal Insurance Administration;
6. Assure that maintenance is provided within the al-
tered or relocated portion of said watercourse so that
the flood carrying capacity is not diminished.
7. When base flood elevation data has not been pro-
vided in accordance with Article 3, Section B, the
City Planner shall obtain review, and reasonably
utilize any base flood elevation data available from
a Federal, State, or other source, in order to admin-
ister the provision of Article 5.
Section C. Permit Procedures
1. Application for a Development Permit shall be presented
to the City Planner on forms furnished by him and may in-
clude, but not be limited to, plans in duplicate drawn
to scale showing the location, dimensions, and elevation
of proposed landscape alterations, existing and proposed
structures, and the location of the foregoing in relation
to areas of special flood hazard. Additionally, the
following information is required:
a. Elevation in relation to mean sea level, of
the lowest floor (including basement) of all pro-
posed structures;
b. Elevation in relation to mean sea level to
which any non-residential structure shall be
floodproofed;
c. A certificate from a registered professional
engineer or architect that the non-residential
floodproofed structure shall meet the flood -
proofing criteria of Article 5, Section B(2);
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d. Description of the extent to whichany
watercourse or natural drainage will be al-
tered or relocated as a result of proposed
development.
2. Approval or denial of a Development Permit by the
City Planner 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 main-
tenance and repair of streets and bridges, and
public utilities and facilities such as sewer, gas,
electrical, and water systems.
g. The expected heights, velocity, duration, rate
of rise and sediment transport of the flood waters
and the effects of wave action, if applicable, ex-
pected 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 pro-
posed use;
j. The relationship of the proposed use to the com-
prehensive plan for that area.
Section D. Variance Procedures
1. The Board of Adjustment of the Planning and Zoning
Commission as established by The City of Round Rock shall
hear and render judgement on requests for variances from
the requirements of this ordinance.
2. The Board of Adjustment of the Planning and Zoning Com-
mission shall hear and render judgement on an appeal only
when it is alleged there is an error in any requirement,
decision, or determination made by the City Planner in the
enforcement or administration of this ordinance.
3. Any person or persons aggrived by the decision of the
Board of Adjustment may appeal such decision to the City
Council of Round Rock, Texas. Any person or persons ag-
grieved by the decision of the Round Rock City Council
may appeal such decision in the courts of competent juris-
diction.
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4. The City Planner shall maintain a record of all
actions involving an appeal and shall report variances
to the Federal Insurance Administration 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
section.
6. Generally, variances may be issued for new construc-
tion and substantial improvements to be erected on a
lot of one-half acre or less in size contiguous to and
surrounded by lots with existing structures constructed
below the base flood level, providing the relevant factors
in Section C(2) of this Article have been fully considered.
As the lot size increases beyond the one-half acre, the
technical justification required for issuing the variance
increases.
7. Upon consideration of the factors noted above and
the intent of this ordinance, the Board of Adjustment
may attach such conditions to the granting of variances
as it deems necessary to further the purpose and objec-
tives of this ordinance (Article 1, Section C).
8. Variances shall not be issued within any designated
floodway if any increase in flood levels during the
base flood discharge would result.
9. Prerequisites for granting variances:
a. Variances shall only be issued upon a de-
termination that the variance is the minimum
necessary, considering the flood hazard, to
afford relief.
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 appli-
cant, and (iii) and 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 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 one (1) foot 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 ele-
vation.
ARTICLE 5
PROVISIONS FOR FLOOD HAZARD REDUCTION
Section A. General Standards
In all areas of special flood hazards the following pro-
visions 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;
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 and utility equip-
ment resistant to flood damage;
4. All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of
flood waters into the system;
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,
6. On-site waste disposal systems shall be located
to avoid impairment to them or contamination from
them during flooding.
Section B. Specific Standards
In all areas of special flood hazards where base flood
elevation data has been provided as set forth in (i) Article
3, Section B, (ii) Article 4, Section B, (7), or (iii) Arti-
cle 5, Section C(3) the following provisions are required:
1. Residential Construction - New Construction or
substantial improvement of any residential structure
shall have the lowest floor, including basement, ele-
vated to or above the base flood elevation. A registered
professional engineer, architect, or land surveyor shall
submit a certification to the City Planner that the stan-
dard of this subsection, as proposed in Article 4, Section
C (1) (a) , is satisfied.
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 attendant
utility and sanitary facilities, be floodproofed 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 ef-
fects of buoyancy. A registered professional engineer
or architect shall submit a certification to the City
Planner that the standards of this subsection as pro-
posed in Article 4, Section C(1)(c), are satisfied.
3. Mobile Homes -
a. No mobile home shall be placed in a floodway,
except in an existing mobile home park or existing
mobile home subdivision.
b. All mobile homes shall be anchored to resist
flotation, collapse, or lateral movement.
Specific requirements shall be:
i. over -the -top ties at each of the four
corners of the mobile home, with two addi-
tional ties per side at intermediate loca-
tions and mobile homes less than 50 feet
long requiring one additional tie per side;
ii. frame ties at each corner of the home
with five additional ties per side at inter-
mediate points and mobile homes less than
50. feet long requiring four additional ties
per side;
iii. all components of the anchoring system
be capable of carrying a force of 4,800 pounds;
iv. any additions to the mobile home be simi-
larly anchored.
Section C. Standards for Subdivision Proposals
1. All subdivision proposals shall be consistent with
Article 1, Sections B, C, and D of this ordinance.
2. All proposals for the development of subdivisions
shall meet Development Permit requirements of Article 3
Section C, Article 4, Section C, and the provisions of
Article 5 of this ordinance.
3. Base flood elevation data shall be generated 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 3, Section
B or Article 4, 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.
ARTICLE 6
PENALTY PROVISION
Section A.
Violation of any provision or provisions of this Ordinance
by any person shall constitute a misdemeanor and upon conviction
of such violation in municipal court of the City of Round Rock,
a fine not exceeding two hundred ($200,00) dollars may be imposed,
and each day that such violation continues shall be a separate
offense. In case a corporation is the violator of any provision
of this Ordinance, each officer, agent and/or employee in any
way responsible for such violation thereof shall be individually
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and severally liable for the penalties herein prescribed.
Section B.
No conviction or convictions under the penal provision
of this Ordinance, shall ever be considered as any bar to any
injunctive or other legal remedy, relief, right or power existing
in the City of Round Rock, Texas, to enforce the application
and provisions of this Ordinance by virtue of the Constitution
andlaws of the State of Texas.
ARTICLE 7
SAVINGS CLAUSE
If any section, subsection, sentence, clause or phrase
of this Ordinance is for any reason held to be unconstitutional,
void, or invalid, the validity of the remaining portions of
this Ordinance shall not be affected thereby, it being the
intent of the City Council, in adopting this Ordinance, that
no portion thereof, or provision or regulation contained herein
shall become inoperative or fail by reason of the unconstitu-
tionality or invalidity of any section, subsection, sentence,
clause, phrase, or provisions of this Ordinance.
CMark through the following alternative that is not applicable)
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this day
of , 1977.
Alternative 2.
READ and APPROVED on first reading this the
, 1977.
/0 day of
READ, APPROVED and ADOPTED on second reading this the
.0 day of, 1977.
ATTEST:
t
JONNE LAND,
i1
y Secretary
City of Round Rock, Texas
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