ORDINANCE NO.135
AN
ORDINANCE OF THE TOWN OF ST. PAUL, COLLIN COUNTY, TEXAS, ADOPTING REGULATIONS
DESIGNED TO MINIMIZE FLOOD LOSSES; PROVIDING FOR TOWN ELIGIBILITY TO PARTICIPATE
IN THE NATIONAL FLOOD INSURANCE PROGRAM; PROVIDING FOR ADMINISTRATION,
PERMITSAND ENFORCEMENT; ESTABLISHING STANDARDS FOR FLOOD HAZARD REDUCTION;
PROVIDING FOR A PENAL TY NOT TO EXCEED $2,000.00 FOR EACH DAY OF VIOLATION;
PROVIDING FOR ADDITIONAL REMEDIES; AND PROVIDING FOR CONFLICTS, SEVERABILITY,
PUBLICATION, AND AN EFFECTIVE DATE.
WHEREAS,
the legislature of the State of
delegated
the responsibility of local governmental units to adopt regulations designed to
minimize flood losses;
WHEREAS, the St. Paul Town Council finds that the flood
hazard areas of the Town of St. Paul are subject to periodic inundation which
results in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, and extraordinary public expenditures for
flood protection and relief, all of which adversely affect the public health,
safety and general welfare;
WHEREAS, the St. Paul Town Council finds that these flood
loses are created by the cumulative effect of obstructions in floodplains which
cause an increase in flood heights and velocities, and by the occupancy of flood
hazards areas by uses vulnerable to floods and hazardous to other lands because
they are inadequately elevated, flood proofed or otherwise protected from flood
damage; and
WHEREAS, the St. Paul Town Council finds the regulations
adopted herein are in the best interest of the citizens of the Town St. Paul,
and will promote the safety, health and welfare of the citizens of the Town of
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF
SECTION
1. ADOPTION.
The "
SECTION 2. CONFLICTS.
All
ordinances and provisions of the Town of St. Paul, Texas, that are in conflict
with this Ordinance shall be and the same are hereby repealed, and all
ordinances and provisions of ordinances of said Town not so repealed are hereby
retained in full force and effect.
ORDINANCE
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SECTION 3. SEVERABILITY.
It is the
intent of the St. Paul Town Council that each paragraph, sentence, subdivision,
clause, phrase, or section of this Ordinance be deemed severable and, should any
such paragraph, sentence, subdivision, clause, phrase, or section be declared
invalid or unconstitutional for any reason, such declaration of invalidity or
unconstitutionality shall not be construed to affect the validity of those
provisions of this Ordinance left standing.
SECTION 4. PUBLICATION.
In
accordance with Section 52.011 of the Texas Local Government Code, the caption
of this
Ordinance
shall be published in one (1) issue of the official newspaper of the Town ofSt.
Paul.
SECTION 5.
EFFECTIVE DATE.
This
Ordinance shall take effect upon publication.
ADOPTED
by the Town Council of the Town of
the 8th
day of January, 2001.
TOWN OF
signed
Joyce Pockrus, Mayor
ATTEST:
signed
Marie Finley, Town Secretary
APPROVED AS TO FORM:
signed
James W. Wilson,
ORDINANCE
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Exhibit
"A"
to
FLOOD
DAMAGE PREVENTION ORDINANCE
ARTICLE 1
PURPOSE AND METHODS
Section
A: Statement of Purpose
Section B: Methods of Reducing Flood Losses
ARTICLE 2
DEFINITIONS
ARTICLE
3
GENERAL PROVISIONS
Section
A: Lands to Which this Ordinance Applies
Section
B: Basis for Establishing Areas of Special Flood Hazard (FIS w/ FIRM & FBFM)
Section C: Establishment of Development Permit
Section
D: Compliance
Section
E: Abrogation and Greater Restrictions
Section
F: Interpretation
Section
G: Warning and Disclaimer or Liability
ARTICLE
4
ADMINISTRATION
Section
A: Designation of the Floodplain Administrator
Section
B: Duties & Responsibilities of the Floodplain Administrator
Section
C: Permit Procedures
Section
D: Variance Procedures
ARTICLE
5
PROVISION FOR FLOOD HAZARD REDUCTION
Section
A: General Standards
Section
B: Specific Standards
Section
C: Standards for Subdivision Proposals
Section
D: Standards for Areas of Shallow Flooding (AO/AH)
ARTICLE 6
PENALTY
FLOOD
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FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE 1
PURPOSE AND METHODS
Section
A: Statement
of Purpose
It is the
purpose of this ordinance to promote the public health, safety and general
welfare and to minimize public and private losses due to flood conditions in
specific areas by provisions designed to:
(1)
Protect human life and health;
(2)
Minimize expenditure of public money for costly flood control projects;
(3)
Minimize the need for rescue and relief efforts associated with flooding and
generally
undertaken at the expense of the general public;
(4)
Minimize prolonged business interruptions;
(5)
Minimize damage to public facilities and utilities such as water and gas mains,
electric,
telephone
and sewer lines, streets and bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and
development of
fiood-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.
Section
B. 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 offlood,
or
cause excessive increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which
serve such uses, be
protected
against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and
natural protective
barriers,
which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may
increase flood
damage;
(5) Prevent or regulate the construction of-flood barriers which will
unnaturally divert flood
waters
or which may increase flood hazards to other lands.
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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.
(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) AREA OF SHALLOW FLOODING -means a designated AO, AH, or
VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent
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 ponding or sheet flow.
(4) AREA OF SPECIAL FLOOD HAZARD -is the land in the
floodplain 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 (FHBM). After detailed rate making has been completed in
preparation for publication of the FIRM, Zone A usually is refined into Zones A,
AE, AH, AO, A1-99, VO, V1-30, VE or V.
(5) BASE FLOOD -means the flood having a one percent chance of being
equaled or
exceeded
in any given year.
(6) BASEMENT -means any area of the building having its floor subgrade
(below ground
level)
on all sides.
(7)
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.
(8)
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.
(9) ELEVATED BUILDING -means a non-basement 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 openings 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.
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(10) 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 l' 1975, for
FIRM's effective before that date. "Existing construction" may also be
referred to as "existing structures."
(11) EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -means a
park or subdivision for manufactured homes jocated on property zoned
Manufactured Home District ("MHD"), in accordance with St. Paul's
Comprehensive Zoning Ordinance, for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed (including,
at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed before
the effective date of the floodplain management regulations adopted bya
community.
(12) 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 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).
(13) 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.
(14) 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.
(15) 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.
(16) FLOODPLAIN OR FLOOD-PRONE AREA -means any land area susceptible to
being
inundated
by water from any source (see definition of "Flooding").
( 17)
FLOODPLAI N 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.
(18) 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.
(19) 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.
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(20) 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.
(21) 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 without cumulatively increasing the water
surface elevation more than a designated height.
(22) FUNCTIONALL Y 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.
(23) HIGHEST ADJACENT GRADE -means the highest natural
elevation of the ground surface prior to construction next to the proposed walls
of a structure.
(24) 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.
(25)
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.
(26)
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.
(27) LOWEST FLOOR -means the lowest f loor 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.
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(28) MANUFACTURED HOME -as used herein, means a
"HUD-code manufactured home" as defined by
(29) 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.
(30)
MEAN SEA LEVEL -means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base
flood elevations shown on a community's Flood Insurance Rate Map are referenced.
(31)
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
(32)
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 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 bya community.
(33)
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.
(34)
START OF CONSTRUCTION -(for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes
substantial improvement and means the date the building permit was issued,
provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within 180 days of
the permit date. The actual start means either the first placement of permanent
constructlon 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.
(35) 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.
(36)
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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(37) 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:
(a) 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 conditions; or
(b)
Any alteration of a "historic structure", provided that the alteration
will not preclude the structure's continued designation as a "historic
structure."
(38)
VARIANCE -is a grant of relief to a person from the requirement of this
ordinance when
specific
enforcement would result in unnecessary hardship. A variance, therefore, permits
construction or development in a manner otherwise prohibited by this ordinance.
(For full requirements see Section 60.6 of the National Flood Insurance Program
regulations.)
(39) 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 Sections
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.
(40) WATER SURFACE ELEVATION -means the height, in relation
to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where
specified), of floods of various magnitudes and frequencies in the floodplains
of coastal or riverine areas.
ARTICLE
3
GENERAL
PROVISIONS
Section A.
Lands to Which this Ordinance Applies
The
ordinance shall apply to all areas of special flood hazard with the jurisdiction
of the Town of
Paul,
Section B.
Basis For Establishing The Areas of Special Flood Hazard
The areas
of special flood hazard will be identified by the Federal Emergency Management
Agency in a scientific and engineering report entitled, "The Flood
Insurance Study for the Town of St. Paul, Texas," with accompanying Flood
Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM). The
report, and any revisions thereto, are hereby adopted by reference and declared
to be a part of this ordinance.
Section C.
Establishment of Development Permit
A
Development Permit shall be required to ensure conformance 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.
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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
ordinance, easement, covenant, or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall
prevail.
Section
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 or Liability
The degree
of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations.
On rare occasions greater floods can and will occur and flood heights may be
increased by man-made or natural causes. This ordinance does not imply that land
outside the areas of special flood hazards or uses permitted within such areas
will be free from flooding or flood damages. This ordinance shall not create
liability on the part of the community or any official or employee thereof for
any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made thereunder.
ARTICLE
4
ADMINISTRATION
Section A.
Designation of the Floodplain Administrator
The is
hereby appointed the Floodplain Administrator to administer and implement the
provisions of this ordinance and other appropriate sections of 44 CFR (National
Flood Insurance Program Regulations) pertaining to floodplain management.
Section
B.
Duties & Responsibilities
of the Floodplain Administrator
Duties
and responsibilities of the Floodplain Administrator shall include, 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 permit application to determine whether proposed building
site, including the
placement
of manufactured homes, will be reasonably safe from flooding.
(3) Review, approve or deny all applications for development permits
required byadoption
of
this ordinance.
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(4) 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.
(5)
Where interpretation is needed as to the exact location of the boundaries of the
areas of special flood hazards (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions) the Floodplain
Administrator shall make the necessary interpretation.
(6)
Notify, in riverine situations, adjacent communities and the Texas Natural
Resources Conservation Commission, the State Coordinating Agency, prior to any
alteration or relocation of a watercourse, and submit evidence of such
notification to the Federal Emergency Management Agency.
(7)
Assure that the flood carrying capacity within the altered or relocated portion
of any watercourse is maintained.
(8)
When base flood elevation data has not been provided in accordance with Article
3, Section 8, the Floodplain Administrator shall obtain, review and reasonably
utilize any base flood elevation data and fioodway data available from a
Federal, State or other source, in order to administer the provisions of Article
5.
(9)
When a regulatory fioodway 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 A 1-30 and AE on
the community's FIRM, unless it is demonstrated that the cumulative effect of
the proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood
more than one foot at any point within the community.
(10)
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Program regulations, a community may approve certain development in
Zones A1-30, AE, AH, on the community's FIRM which increases the water surface
elevation of the base flood by more than one foot, provided that the community
first applies for a conditional FIRM revision through FEMA.
Section C.
Permit Procedures
( 1)
Application for a 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:
(a) Elevation (in relation to mean sea level), of the lowest floor
(including basement)
of
all new and substantially improved structures;
(b) Elevation in relation to mean sea level to which any nonresidential
structure shall
be
flood proofed;
(c) A
certificate from a registered professional engineer or architect that the
nonresidential flood proofed structure shall meet the flood proofing criteria of
Article 5, Section 8(2);
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(d) Description of the extent to which any watercourse or
natural drainage will be altered or relocated as a result of proposed
development; and
(e) Maintain a record of all such information in accordance with Article
4, Section B(1 ).
(2) 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
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, 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; and
(j) The relationship of the proposed use to
the comprehensive plan for that area.
Section D.
Variance Procedures
(1) The
appeal Board as established by the community shall hear and render judgement
on
requests for variances from the requirements of this ordinance.
(2) The
Appeal Board 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
Floodplain Administrator in the enforcement or administration of this ordinance.
(3) Any
person or persons aggrieved by the decision of the Appeal Board may appeal such
decision
in the courts of competent jurisdiction.
(4) The
Floodplain Administrator shall maintain a record of all actions involving an
appeal
and
shall report variances to the Federal Emergency Management Agency upon request.
(5) Variances
may be issued for the reconstruction, rehabilitation or restoration of
structures
listed
on the National Register of Historic Places or the State Inventory of Historic
Places, without regard to the procedures set forth in the remainder of this
ordinance.
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(6) Variances may be issued for new construction and
substantial improvements to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures constructed below
the base flood level, providing the relevant factors in Section C(2) of this
Article have been fully considered. As the lot size increases beyond the
one-half acre, the technical justification required for issuing the variance
increases.
(7) Upon consideration of the factors noted above and the
intent of this ordinance, the Appeal Board may attach such conditions to the
granting of variances as it deems necessary to farther the purpose and
objectives of this ordinance (Article 1, Section A).
(8) Variances shall not be issued within any designated
fioodway if any increase in flood levels during the base flood discharge would
result.
(9) Variances may be issued for the repair or rehabilitation
of historic structures upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation as a
historic structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
(10)
Prerequisites for granting variances:
(a) Variances shall only be issued upon a determination that the variance
is the
minimum
necessary, considering the flood hazard, to afford relief.
(b) Variances shall only be issued upon: (i) showing a good
and sufficient cause; (ii) a determination that failure to grant the variance
would result in exceptional hardship to the applicant; and (iii) a determination
that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict with
existing local laws or ordinances.
(c) Any application to 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.
(11)
Variances may be issued by a community for new construction and substantial
improvements
and for other development necessary for the conduct of a functionally dependent
use provided that (i) the criteria outlined in Article 4, Section 0(1 )-(9) are
met, and (ii) the structure or other development is protected by methods that
minimize flood damages during the base flood and create no additional threats to
public safety.
ARTICLE
5
PROVISIONS
FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS
Section A:
General Standards
In
all areas of special flood hazards the following provisions are required for all
new construction and substantial improvements.
(1) All
new construction or substantial improvements shall be designed (or modified) and
adequately anchored to prevent flotation, collapse or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy;
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(2) All new construction or substantial improvements shall be constructed
by methods and
practices
that minimize flood damage;
(3) All new construction or substantial improvements shall be constructed
with materials
resistant
to flood damage;
(4) All new construction or substantial improvements shall be
constructed with electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities that are designed and/or
located so as to prevent water from entering or accumulating within the
components during conditions of flooding;
(5) All new and replacement water supply systems shall be designed to
minimize or
eliminate
infiltration of flood waters into the system;
(6)
New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the system and discharge from the
systems into flood waters; and,
(7)
On-site waste disposal systems shall be located to avoid impairment to them or
contamination from 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 8; (ii) Article 4, Section 8(8); or (iii)
Article 5, Section C(3); the following provisions are required:
(1 )
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 Article 4, Section C(1 )(a), is
satisfied.
(2) Nonresidential Construction. New construction and
substantial improvements of any commercial, industrial or other nonresidential
structure shall either have the lowest floor (including basement) elevated to 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 flood
proofed shall be maintained by the Floodplain Administrator.
(3) Enclosures. New construction and substantial
improvements, with fully enclosed areas below the lowest floor that are usable
solely for parking of vehicles, building access or storage in an area other than
a basement and which are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry
and exit of floodwaters. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or meet or exceed
the following minimum criteria:
(a) A minimum of two openings 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.
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(b)
The bottom of all openings shall be no higher than one foot above grade.
(c)
Openings may be equipped with screens, louvers, valves, or other coverings or
devices
provided that they permit the automatic entry and exit of floodwaters.
(4)
Manufactured Homes.
(a) Require that all manufactured homes to be placed within
Zone A on a community's FHBM or FIRM shall be installed using methods and
practices which minimize flood damage. For the purposes of this requirement,
manufactured homes must be elevated and anchored to resist flotation, collapse,
or lateral movement. Methods of anchoring may include, but are not limited to,
use of over-the-top or frame ties to ground anchors. This requirement is in
addition to applicable State and local anchoring requirements for resisting wind
forces.
(b) Require that manufactured homes that are placed or
substantially improved within Zones 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.
(c) Require that manufactured homes be placed or
substantially improved on sites in an existing manufactured home park or
subdivision with Zones A 1-30, AH and AE on the community's FIRM that are not
subject to the provisions of paragraph (4) of this section be elevated so that
either:
(i) the
lowest floor of the manufactured home is at or above the base flood elevation,
or
(ii) the
manufactured home chassis is supported by reinforced piers or other
foundation
elements of at least equivalent strength that are no less than 36 inches in
height above grade and be securely anchored to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
(5)
Recreational Vehicles. Require that recreational vehicles placed
on sites within Zones
A1-30,
AH, and AE 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 Article 4, Section C(1 ), 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.
Section C.
Standards for Subdivision Proposals
(1) All subdivision proposals including the placement of manufactured
home parks and
subdivisions
shall be consistent with Article 1, Sections A and B of this ordinance.
(2)
All proposals for the development of subdivisions including the placement of
manufactured home parks and subdivisions shall meet Development Permit
requirements of Article 3, Section C; Article 4, Section C; and the provisions
of Article 5 of this ordinance.
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(3) Base flood elevation data shall be generated for
subdivision proposals and other proposed development including the placement of
manufactured home parks and subdivisions which is greater than fifty (50) lots
or five (5) acres, whichever is lesser, if not otherwise provided pursuant to
Article 3, Section B or Article 4, Section B(8), of this ordinance.
(4) All subdivision proposals including the placement of manufactured
home parks and
subdivisions
shall have adequate drainage provided to reduce exposure to flood hazards.
(5)
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.
Section D.
Standards for Areas of Shallow Flooding (AO/AH Zones)
Located
within the areas of special flood hazard established in Article 3, Section B,
are areas designated as shallow flooding. These areas have special flood hazards
associated with base flood depths of one to three feet (1-3') 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:
(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 non-residential structures;
(a) have the lowest floor (including basement) elevated above
the highest adjacent grade at least as high as the depth number specified in
feet on the community's FIRM (at least two feet if no depth number is
specified), or;
(b) 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(1 )(a), are satisfied.
(4) Require within Zones AH orAO adequate drainage paths
around structures on slopes, to guide flood waters around and away from proposed
structures.
ARTICLE 6
PENALTY
Any
person, firm, corporation, or political subdivision who violates any of the
provisions of these regulations shall be guilty of a misdemeanor and, upon
conviction in the municipal court, shall be subject to a fine of not more than
$2,000.00 for each offense. Each day that a violation is permitted to exist
shall constitute a separate offense and such violation is hereby declared to be
a common nuisance which may be abated by the Town in any manner authorized by
law, including injunction and an action for damages.
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