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HomeMy Public PortalAboutOrdinance No. 566-87 04-13-1987 ORDINANCE 555 60.3(d) Revised as Of April 13, 14J$7 FLGGD DAMAGE PREP/ENTTdN t7RDINANCE OUTLINE Cross Ref . NFIP Pg. Regulations ARTICLE 1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPGSE AND METHODS. 1 SECTION A Statutory Authorization..... 1 SECTIGN B Findings Of Fact... 1 SECTIGN C Statement of Purpose. 1 SECTION D Methods Of Reducing Flood Losses 2 ARTICLE 2 DEFINITIONS......... 3 5G~.1 ARTICLE 3 GENERAL PROVISIONS....... 7 60.(d)(1) SECTION A Lands to Which This Ordinance Applies....... 7 G0.3td) SECTION B Basis for Establishing the Areas of Special Flood Hazard... 7 60.3(d)t1) SECTION C Establishment of Development Permit......... 7 G0.3(d)(1) SECTION D Compliance........ 7 SECTIGN E Abrogation and Greater Restrictions......... 7 SECTION F Interpretation. 7 SECTION G Warning and Disclaimer Of Liabikity. 7 ARTICLE 4 ADMINISTRATION......... 8 SECTIGN A Designation of the Floodplain Administrator. $ 60.3td>t1) SECTION B Duties and Responsibilities of the Floodplain Administrator..... 8 60.3(d)t1) SECTION C Permit Procedures..... ~ 60.3(d)t1) SECTION D Variance Procedures. 70 ~O.~r(a) ARTICLE 5 PROVISIONS FGR FLOOD HAZARD REDUCTION....... 11 SECTIGN A Generale Standards... 11 ~0.3(d>(1) SECTION B Specific Standards. 11 ~0.3td)t1) 1. Residential Construction... 11 ~0.3(d)t1) E. Nonresidential Construction 12 ~0.3td)t1) 3. Enclosures... 12 60.3(d)t1) 4. Manufactured Homes 1^c G0.3td)(1) SECTIGN C Standards for Subdivision Proposals.. 13 ~0.3(d)t1) SECTION D Standards for Areas of Shallow Flooding (AG/AH Zonesl..... 13 G0.3td)(1) SECTION E Floadways. 14 ~t}.3td)t1-3 SECTTOtd F Best Available Data to be Used 14 SECTION G Areas Outside Identified Flood Hazard Area.. !4 SECTIGN H Penalty. 14 SECTIGN I Publication. 15 SECTIGN J severabikity. 15 SECTION K Effective Date. 15 Certification...... 1C G0.3(d) FLOOD DAMAGE PREVENTION GRDINANCE ARTICLE I STATUTORY AUTHORIZATION, FINDINGS GF FACT, PURPOSE AND METV-iODS SECTION A. STATUTORY_AUTHORIZATI©N The Legislature of the State of Texas has in 8280-13 VTCS delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Richland Hills, Texas, does ordain as follows: SECTION B. FINDINGS_aF_FACT (1) The flood hazard areas of the City of Richland Hii15 are subject to periodic inundation which results in Toss 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. t2) These flood losses are created by the cumulative effect cif obstructions in floodptains which cause an increase in flood heights and velocities, and by the occupancy of flood hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. SECTION C. STATEMEIVT_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: t1) Protect human life and heaitP~~; t2) 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; t4) Minimize prolonged business interruptions; t5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; tC) 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 i5 in a flood area. 1 • SECTICiN G METHCiDS_OF_REDUCING_FLGGD_LOS:3ES In order to accomplish its purposes, this ordinance uses the fallowing methods: (1) Fcestrict or prohibit uses that are dangerous to health, safety ar property in time of flood, ar cause excessive increases in flood heights or velocities; (2) ReC(uire that uses vulnerable t0 flaod5, including facilities which serve such uses, be protected against flood damage at the time of initial construction; t3> Control the alteration of natural floadpiains, stream channels, and natural protective barriers, which are involved in the accommodation of ftaad waters; t~+) Cantral filling, grading, dredging and other deve?apment which may increase flaaa damage; t5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may 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 more reasonable application. APPEAL - means a request for a review of the Flood Plain Administrator's interpretation of any provision of trlis ordinance or a request far a variance. AREA OF SHALLOW FLOODING - means a designated AO, AH, or \/t7 zone on a community's Flood Insurance Rate Map tFIRM) with a one percent 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 where velocity flow may be evident. Such flooding is characterized by panning or sheet flaw. AREA OF SPECIAL FLOOD HAZARD - is the lane 'rn the ftoodplain 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 Flood Hazard Boundary Map tFHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AE, AH AO, Al-~79, VO, V1-30, VE OR v. . BASE FLOOD - means the flood having a one percent chance of being equalled or exceeded in any given year. CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT - means any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. ELEVATED BUILDING - means a nonbasement building <i) built, in tyre case of a building in Zanes Al-30, AE, A, A~~O, AO, AH, B, G, X and D, to have the top of the elevated floor, or in the case of a building in Zones U1-30, VE, or v, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground Ieve1 by means of pilings, columns (post and piers), or shear walls parallel to the floor of the water and tii) 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 Al-30, AE, A A~J'-3,A0, AH, B, G, X, D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-30, VE, or U, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area i5 enclosed by means of • breakaway walls if the breakaway wa1?s meet the standards of Section 60.3(e>t5> of tyre National Flood Insurance Program regulations. EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced pefore the effective date of the FIRM or before January 1, 1~~75, for FIRMS effective before that date. "Existing construction" may also be referred tG a5 "existing structures". 3 FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundtion of normally dry land areas from: • t1) the overflow of inland or tidal waters. t2> the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD INSURANCE RATE MAP (FIRM) - means an officio! map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY - is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Flaodway Map. FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such as system typically includes hurricane tidal barriers, dams, reservoirs, levees ar dil~.es. These specialized flood modifying works are those constructed in . conformance with sound engineering-standards. FLOODWAY (REGULATORY FLOODWAY) means the channel of a river of other watercourse and the adjacent land areas that must be reserued in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. 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, part facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. LEVEE - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM - means a flood protection system which consists of a levee, ar levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. • 4 LOWEST FLOOR - means the tawest floor of the lowest enclosed area (including basement). An unfinished ar flood resistant enclosure, usable solely far parking or vehicles, building access or storage in an area other than a basement area is not considered a building s tawest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. MANUFACTURED HOME - means a structure transportable in one ar mare sections, which is built on a permanent chassis and is designed far use with ar without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes parK trailers, travel trailers, and other similar vehiicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum tNGVD) of 1~2~ ar other datum, to which base flood elevations shown an a community's Flaad Insurance Rate Map are referenced. NEW CONSTRUCTION - means, for flood plain management purposes, structures for which the "start of construction" commenced an or after the effective date of a flood plain management regulation adopted by a community. START OF CONSTRUCTION - (for other than new construction or substantial • improvements under the Coastal Barrier Resources Act (Pub. L. ~>7-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, ar other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a Structure on a site, such as as the pouring of slab ar footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured name on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of street 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 an the property of accessory buildings, such as garages or sheds not occupied aS dwelling units ar not part of the main structure. STRUCTURE - means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL IMPROVEMENT - means any repair, reconstruction, or improvement of a structure, the cast of which equals or exceeds 50% 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 purpose 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 ar not that alteration affects the external dimensions of the structure. The term does not, however, include either ti) any project for improvement of a structure to comply with existing state ar local health, sanitary, ar safety code specifications wnich are solely necessary to assure safe living conditions, or c2) any alteration of a structure listed an the National Register of Historic Places or a State Inventory of Historic Places. 5 VARIANCE - is a grant of relief to a person from the requirements of this ordinance when specific enforcement would result in unnecessary hardsr-~ip. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. (For full requirements see Section G0.6 of the National Flood Insurance Program regulations.) VIOLATION - means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section C0.3(b)t5), tc)(4), tc>(90>, td)(3), te)(2), te)t4), or te)t5> is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic Vertical Datum tNGUD) of 1729 for other datum, where specified), of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas. 5 ARTICLE 3 • GENERAL PROVISIONS SECTION A. LANDS_TO_WHICH_THIS_OfiDINANGE APPLIES The ordinance shall apply to all areas of special flood hazard with the jurisdiction of tPle City of Richland Hills. SECTION B. BASIS_FOR ESTABLISHINv_THE_AREAS OF_SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Richland Hills," dated July 3, 19B5, with accompanying Flood Insurance Rate Maps and Flood Boundary-Fioodway Maps (FIRM and FBFM> and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT R Development Permit shall be required to ensure conformance with the provisions of this ordinance. SECTION D. COMPLIANCE • No structure ar ?and 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 prevai?. SECTION F. INTERRRETATION In the interpretation and application of this ordinance, all provisions shalt be; <1) considered a5 minimum requirements; t2) liberally construed in favor of the governing body; and t3) deemed neither to limit nor repeat any other powers granted under State statutes. SECTION G. WARNING AND_DISCLAIMES_~R LIABI~ITV 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 wit! 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 ar • flood damages. This ordinance shall not create ?iability on the part of the community or any official ar employee thereof far any flood damages that result from reliance on this ordinance ar any administrative decision lawfully made thereunder. 7 ARTICLE 4 • ADMINISTRATIvN SECTION A. dESI~NATION_OF_THE FLOUGPLAN ADMINISTRATOR The City Manager is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR tNationat Flood Insurance Program Regulations) pertaining to flood plain management. SECTION B. DUTIES_&_RESPONSIBILITIES_OF THE FLOODP~AN_AaMINISTRAT~R Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the fallowing: t1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. t2> Review permit app?ication to determine whether proposed building site will be reasonable safe from flooding. t3) Review, approved or deny all applications far development permits required by adoption of this ordinance. t4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State • or ?ocal governmental agencies tincluding section 404 of the Federal Water Pollution Control Act Amendments of 172, 33 U.S.C, 1334) from which prior approval is required. t5) 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 shalt rnaKe the necessary interpretation. (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is Texas Water Commission, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. t7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. t8) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and flaodway data available from a Federal, State or other source, in order to administer the provisions of Article 5. . t9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development tincluding fill) shall be permitted within Zones Al-3o and AE an the community's FIRM, unless it i5 demonstrated that the cumulative effect of the propased 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. 8 SEGTit7N G. PERMIT PROCEDURES t1; Application for a Development Permit s~~all be presented to the Flaodplain Administrator on forrns furnished by him/her and may include, but • not be limited to, plans in duplicate drawn to scale showing the tocation, dimensions, and elevation of proposed landscape alterations, existing and praposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: a. >=I>~vation tin relation to mean sea level>, of the lowest floor tincluding basement) of all new and substantially improved structures; b. Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; c. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5, Section Bt23; d. Qescription of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. e. Maintain a record of all such information in accordance with Article 4, Section tt3)t1). t2) Approval or denial of a Development Permit by the Floodplain • Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: a. The danger to life and property due to flooding or erosion damage; b. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; c. The danger that materials may be swept onto other Lands to the injury of others; d. The compatibility of the proposed use with existing and anticipated development; e. The safety of access to the property in times of flood for ordinary and emergency vehicles; f. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systerns; g. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave . action, if applicable, expected at the site; h. The necessity to the facility of a waterfront location, where applicable; i The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; j The relationship of the proposed use to the comprehensive plan for that area. 9 vc~. ~ .i.v~v V . VHrC1HIV4t_NKUL:tU1JF'Z~5 t1) The Appeal Board as established by the community shall hear and render judgement on requests for variances from the requirements of this ordinance. • t2> The Appeal Board shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement, decision, err determination made by the Floodplain Administrator in the enforcement err aaministration of this ordinance. t3) Any person or persons aggrieved by the decision of the Appeal Berard may appeal such decision in the courts of competent jurisdiction. t4) The Floodplain Administrator shalt maintain a record err all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. t5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. t6) Variances may be issued far new construction and substantial improvements to be erected an a lot on 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 Ct2) 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. Upon consideration of the factors noted above and the intent of this • ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Article 1, Section C). tB) variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. t9) Prerequisites for granting variances: a. Variances shat! only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. b. variances shall only be issued upon, ti) showing a good and sufficient cause; tii) a deterrninatian that failure to grant the variance would result in exceptional hardship to the applicant, and tiii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public Safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. c. Any application to wham a variance is granted shalt 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. C10) variances may be issued by a community for new construction and substantial impravernents and for other development necessary for the conduct of a functionally dependent use provided that ti) the criteria outlined in Article 4, Section Gt1)-(~) are met, and (ii) the structure or other development 'rs protected by methods that minimize flood damages during the bass flood and create na additional threats to public safety. 10 • RRTICLE 5 PROVISIONS FGR FLOOD HAZARD REDUCTIGN SECTION A. GENERAL STANDARDS In afl areas of special flood hazards the following provisions are required for all new construction and substantial improvements; t1) All new construction or substantial improvements shall be designed for modified) and adequately anchored to prevent flotation, collapse ar lateral movement of the structure resulting frorn hydrodynamic and hydrostatic laad5, including the effects of buoyancy; t2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damages; t3> All new construction or substantial improvements shall be constructed with materials resistant to flood damage; t4> Alt new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from • entering or accumulating within the components during conditions of flooding. t5> All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; t~) 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, t7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION B. SPECIFIC STANDARD In all areas of special flood hazards where base flood elevation data has been provided as set forth in ti) Article 3, Section 13, tii) Article 4, Section Bt8), or till) Article 5, Section Ct4), the fallowing provisions are required: t1> Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor tincluding basement>, elevated to one or more feet above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the • Floadplain Administrator that the standard of this subsection as proposed in Article 4, Section Ct1)a., is satisfied. 11 t2) 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 one or more feet above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation tin relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. (3} Enclosures - new construction and substantial improuements, with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a. A minimum of two openings having a total net area of not less than One square inch for every square foot of enclosed area subject to flooding shake be provided. b. The bottom of all openings shall be no higFier that one foot above grade. c. Openings may be equipped with screens, louvers, valves, or other coverings or deuices provided that they permit the automatic entry and exit of floodwaters. t4) Manufactured Homes - a. Require that all manufactured homes to be placed within Zone A, shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or kateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top ar frame ties to ground anchors. This requirement is in addition to applicable State and focal anchoring requirements for resisting wind forces. No • manufactured housing (mobile homes) shat) be placed in any area identified as a regulatory floodway. b. All manufactured homes shall be in compliance with Article 5, Section Bt1). c. Require that all manufactured homes to be placed or substantially improved within Zones A7-30, AH and AE on the c<~mmunity~s FIRM be elevated on a permanent foundation such that the Lowest floor of the manufactured home is at ar above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provision Of Section Bt4> of this Article. 12 SECTION C. STRNDAnD$_F'OR_SUBDIVISI~IV_PROPO8A~S (1) A11 subdivision proposals including manufactured home parks and subdivisions shad be consistent with Article 1, Section B, C, and D of this ordinance. (2) Ali proposals far the development of subdivisions including manufactured home parks and subdivisions shall meet Development Permit requirements of Article 3, Section C; Article 4, Section G; and the provisions or Article 5 of this ordinance. C3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including manufactured home parks and subdivisions which is greater than 30 lots or 3 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B t8) of this ordinance. <4) All subdivision proposals including manufactured home parks and subdivisions shall have adequate drainage provided to reduce e>:posure to flood hazards. (5) All subdivision proposals including manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed SECTION D. STANDAftD8_FOR_AREAS_OF_SHALLOW_FLOUDING(AOlAH_ZOIVES) Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of floodingrs unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flaw; therefore, the following provisions apply; {1> 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). (2) All new construction and substantial improvements of nonresidential structures; (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the corr~nunity's FIRM cat 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. (3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this section, as proposed in Article 4, Section C C1)a. are satisfied. t4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. 13 SECTION E. FLOODWAYS • Floadway5 - located within areas of special flood hazard established in Article 3, Section B, are areas designated as floadways. 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; t1> Encroachments are prohibited, including fill, new construction, substantial improvements and other development unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge. t2) If Article 5, Section E t1) above is satisfied, alt new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. SECTION F. BEST_AVAILABLE_DATA TO BE_USED In unnumbered A Zones (flood hazard areas without base flood elevations where it is required that you use the best available dotal one of the following actions is required as a condition precedent to obtaining a building permit: t1) Determine an elevation from the nearest bench mark; within a C • Zone and require the lowest floor of the structure in the unnumbered A Zane to be one t1) foot above such elevation. t2) Where flooding history is greater than the above elevation, require lowest flood elevation to or above such level of flooding. t3) Require elevation of the lowest floor to TWO OR MORE feet above the HIGHEST ADJACENT GRADE next to the building site. t4> Require that the base flood elevation be established through an engineering study and then use this data for requiring the lowest floor elevation to ONE FOOT above the base flood elevation. SECTION G. AREAS_OUTSIdE IDENTIFIED_FLOOD HAZARD_AREAS In areas outside of identified flood hazard areas which have experienced flooding, or where heavy development is occurring, the elevation of the lowest floor (including basement) shall be no lower than the higher of t1) 18 inches above the natural ground level or t2) 18 inches above the crown of the nearest street. SECTION H. PENALTY Any person, firm, or corporation, or any agent or employee thereof who • violates any of the provisions of this ordinance or the Code of Ordinances of the City of Richland Hills, Texas, so amended by this Ordinance shalt be deemed guilty of a Class G Misdemeanor and subject to a maximum fine of One Thousand and No/100 Dollars (S1,Ot)O.00>. Each day a violation occurs shall be deemed to be a separate offense. This Grdinance may be enforced by complaint filed in the Municipal Court of the City of Richland Hills, Texas, but may in addition be enforced by injunction, mandamus and any other civil remedy in a court of competent jurisdiction. 14 • SECTION I. PUBLICATION The caption of this Ordinance stating in substance the purpose of this Ordinance and the penalty clause of this Ordinance shah be published one t1) time in the Fart Worth Star Telegram, a newspaper having general circulation in the Gity of Richland Hills, Texas, upon passage hereof. In addition, this Ordinance may be published i pamphlet form and shall be admissible in such farm in any Court without further proof, as provided by law. SECTION J. SEVERA~LITY Should any section or provision of this Ordinance ar of the Code of Ordinances, City of Richland Hills, Texas, sa amended, or any rule or regulation contained herein ar therein, be declared by Courtts) to be unconstitutional ar invalid, such declaration or decision shall not affect the validity of the Ordinance or the Code as a whole or any part thereof, or its adoption, other than the part declared to be unconstitutional or invalid. SECTION K. EFFECTIVE_DATE This Ordinance shall become effective and shall be in fu11 force and effect from and after its passage and publication. • • 15 CERTIFICATION It fs hereby found and declared by the City of Richland Hills that severe flooding has occurred in the past within its jurisdiction and wilt certainly occur with the future; that flooding is likely to result in infliction of serious personal injury or death, and is likely to result in substantial injury or destruction of property within its jurisdiction; in order to effectively comply with minimum standards for coverage under the National Flaad 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 this immediate preservation of the public peace, health and safety, shaft be in full force and effect from and after its passage and approval. • ~ , APPROVED: _-~C_.~~ J~..G- G/~L`!~C~~~~~~~~~ tMayor~ PASSED: April 13, 1987 CERTTFIGATE I, the undersigned, Pauline tcempe, do hereby certify that the above is true and correct copy of any ordinance duly adopted by the City Council, at a regular meeting duly convened on April 13, 1987. , tCity Secretary) 16