f /! f 􀀮􀁾􀀠::1 "" t f'\ 􀁾􀀠􀁾􀀠'\::::> 􀁾􀀠 Ir, '\ 􀁾􀀠4:['Iis!!)" I::, "'l 􀁾􀀠..} z p '1 P /<€,"fS/"vS I>T ",,?IS r Sy!!... F"'"", -ww. • Final Dallas County-Wide maps will be delivered to each community in Dallas County in late July or early August New Effective Date: August 23, 2001. • You will receive the Flood Insurance Study text with the final maps. • You may order the digital data used to construct the maps on CD. It will not be available for distribution until after August 23rd. • Each community will receive a set of"proofmaps" soon. There will be a 5-day review period. • Only major changes having severe impact on the hydraulics and hydrologies ofthe mapping may be considered at this time. The final maps are already in production. Only "show stopper" inaccuracies can be accepted. The formal appeal period was over on April 13, 2000. • One last review prior to the final delivery. Ordinance Revisions: PI<:EfJAFZ£ "'.eO I""A"", E !i?EvISf0"'" /HAT (,OICATe;1/>1< 1I.....G'ctA WAstiIN <;Ttl'" 7D tI (70?""'; kE''v MAPS J PAJE]) __ .. C '11 b . d . th· fl d d rt v"l5T 2. 􀁾􀀠24>/• Every commumty m Dallas ounty WI e requrre to revJse elr 00 amage prevention ordinance. The only mandatory change is to reflect the new effective date ofAugust 23, 2001. ___ SGiVV TO PALE HOFF (fJ6,yTc-v 01"1""(;;) --'1' • A certified copy ofthe completed ordinance must be in our Regional Office by that date in order to avoid possible suspension from the NFIP. • This is also the time to consider improving your community's ordinance. o Be sure it adequately addresses your specific needs. o Does it compliment or conflict with other related community laws and ordinances such as storm water or subdivision provisions. o Can your related laws and ordinances be combined? o Does your ordinance contain outdated information or procedures? • Consider more restrictive measures. Improve safety by expanding on the minimum standards required by federal law. Lower the flood risk to people and property: o Add a 1 to 3 foot freeboard for structural development o Arrange for on-site detention offlood waters o Restrict or disallow development in a floodway o Provide for a more restrictive floodway definition, ie., less than one foot surcharge. o Provide that access areas to homes and critical facilities be constructed above theBFE. o Require drainage plans for all development, in or out ofthe floodplain. Do not allow runoff from outside the floodplain to aggravate properties in the floodplain. o Consider a cumulative approach for substantial damage and substantial improvement ofstructures. o Prohibit HAZMAT materials from being produced or stored in a floodplain. Floodway? o Require evacuation plans for residents at high risk to flooding, especially those in manufactured homes and RV Parks. o Increased Cost Of Compliance (ICC) benefit for Repetitive Loss or Substantial Damage Structures: to take advollce Academy . 624Six Flags Drive ' . . lakeview Office Center Arlingti:m, TX 76011(817) 640-8251 ARLINGTON HILTON INN .. Lamar Blvd. Ryan Expressway Worth·Dalias DFW Airport Hwy.183 . .., . CD... o co..., ... 􀁾􀀠J: Avenue H East 77(R) SB 517 Engrossed version -Bill Text Page 1 ofl 1-1 1-2 1-3 1-4 1-5 1-6 1-7 1-8 1-9 1-10 1-11 1-12 1-13 1-14 1-15 1-16 1-17 1-18 1-19 1-20 1-21 1-22 1-23 1-24 1-25 2-1 2-2 2-3 2-4 2-5 2-6 2-7 2-8 :-rA 2-9 􀁾􀀠-2-10 2-11 2-12 2-13 2-14 2-15 2-16 2-17 2-18 2-19 2-20 2-21 2-22 2-23 2-24 2-25 2-26 3-1 3-2 3-3 3-4 3-5 3-6 3-7 3-8 􀁁􀁾􀀷􀀠filL(.,. N' cI("l \ ::,.i\8 p/<7'? By: 􀁌􀁵􀁣􀁾􀁯􀀬􀀠et al. S.B. No. 517 A BILL TO BE ENTITLED AN ACT relating to authorizing counties to regulate land development; providing a penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle B, Title 7, Local Government Code. is amended by adding Chapter 236 to read as follows: CHAPTER 236. REGULATION OF LAND DEVELQPMENT IN COUNTIES Sec. '236.001. PURPOSE. The purpose of this chapter is to allow counties to regulate land development in unirgiorporated areas to Rrevent the proliferation 9f colonias and $ubstandard housing develQpments. Sec. 236.002. DEF.INITIONS.. In this chapter: (1) fiSubstandard housing development n meargs an area in which: (A) water supply or sewer services are 􀁾􀁮􀁡􀁤􀁥􀁱􀁵􀁡􀁴􀁥􀀠to meet minimal needs of residential users; (B) there is a lack of safe and sanitary housing; and (C) the majority population is composed of individuals and families of low and very low income. as defined by Section 2306.004. Government Code. Sec. 236.003. REGULATORY AUTHORITY. The commissioners court of the qounty bv order may regulate land development in the unincorporated area of the county by: (1) adopting regulations relating to: CA} maximum densities, including the size of ..lID. the height. number of stories, size,. or number of buildings or other structures that may be located on a lot or tract; (Cl the percentage of a lot or tract that may be occupied; and l.!l.L. the location of buildings and other structures on a lot or tract: and (2) adopting building codes to promote safe and uniform building, plumbing, and electrical standards. Sec. 236.004. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY ORDER. If an an order adopted under this chapter conflicts with an ordinance of a 􀁭􀁬􀁬􀁮􀁩􀁣􀁩􀁰􀁡􀁬􀁾􀁾􀁹􀀮􀀠the municipal ordinance prevails wtthin the municipality's iurisdiction to the extent of the conflict. Sec. 236.005. EXISTING COUNTY AUTHORITY UNAFFECTED. The authority granted by this chapter does not affect the authority of the commissioners court to adopt an order or ordinance under other law. Sec. 236.006. INJUNCTION. The county, in a suit brought bv the county attorney or other prosecuting attorney. representing the county in the district court, is entitled to appropriate injunctive :.::e1ief to prevent the violation or threatened violation of"!l order adopted under this chapter from continuing or occurring. Sec. 236.007. PENALTY. A person commits an offense if the person violates a restricti,9n or prohibition imposed by an order adopted under this chapter. An offense under this section is a Class C misdemeanor. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39. Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2001 . ..􀀮􀁉􀁶􀁩􀁾􀁷􀁴􀁥􀁸􀁴􀀮􀁣􀁭􀁤􀀿􀁌􀁊􀀧􀁉􀁇􀀽􀀷􀀷&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=0051114 /05/2001 Texas Legislature Online -Bill History 77(R) SB 517 Page 1 of] Bill History. Bill History . Text· Actions' Captions' Authors . Coauthors· Amendment· NE!lCt Bill Bill: SB 517 Legislative Session: 77(R) Council Document: 77R 03157 ENGROSSED 03108/2001 H Referred to Land and Resource Management Relating to authorizing counties to regulate land development; providing a penalty. Author: Lucio Coauthor: Carona I Fraser IJackson I Shapleigh I Sibley ITruan IVan de Putte IWest, Royce IZaf Subjects: 10096 County Government-General 10098 County Government-Land Use & Zoning S0045 BORDER S8735 COLONIAS Senate Committee: Subcommittee on Border Affairs Status: Out Vote: AYES: 7 NAYS= 0 PNV= 0 ABSENT= 0 Bill Subcommittee: House Committee: Land & Resource Management Status: In Bill Subcommittee: Rome ILegislation IRouse ISenate IInfOrmation IResources IAgencies ITop Texas Legislature Online Created: 05 Apr 2001 -03:25PM http://..Jreport?LEG =77&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=0051 04/0512001 􀂷􀀭􀁾􀀠By Armbrister S.B. No. 936 77R7018 QS,..D A BILL' TO BE ENTITLED 1-1 AN ACT 1-2 relating to floodplain management and flood insurance; providing a 1-3 criminal penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Sections 16.313(2) and (3), Water Code,.are 1-6 amended to read as follows: 1-7 '(2) "National Flood Insurance Act" means the National 1-8 Flood Insurance Act of 1968, as amended (42 U.S.C. Sections 4001 1-9 through 4127), and the implementation and administration of the Act 1-10 by the' director [SeeFe"ar},] of the 'Federal Emergency Management 1-11 Agency [!ffli"eEi States BeF'9rtmeftt ef HeasiH'l" afta ijraaft lile'JelsF'I!1elitJ • 1-12 (3) "Director" [USeeret91.'Y"] meanS the director 1-13 [Seel.'etary) of the Federal Emergency Management Agency [!fflitea 1-14 State-a DCl'aEtmefl:E sf llel;lsiH§ aBe greaR' Be'T.:·elsl'Rlent] . 1-15 SECTION 2. Sections 16.314 and 16.315, Water Code, are 1-16 amended to read as follows: 1-17 Sec. 16.314. COOPERATION OF COMMISSION. In recognition of . 1-18 the necessity for a coordinated effort at all levels of government, 1-19 the commission shall cooperate with the Federal Emergency 1-20 Management Agency [Il'ua1draFiee AElffiinistr.ater sf the' !fflitea states 1-21 lileF'a:.r_nt af IIsasin'l" ana ijl1l;aa lileve19F'l!1enl;] in the planning and 1-22 . carrying out of state participation in the National Flood Insurance 1-23 Program; however, the 􀁲􀁥􀁳􀁰􀁯􀁮􀁳􀁩􀁾􀁩􀁬􀁩􀁴􀁹􀀠f or qualifying for the 1-24 National Flood Insurance Program .shall belong to any interested 2-1 political sUbdivision, wh.ether pres.ently in existence or created in 2-2 the future. 2-3 Sec. 16.315. POLITICAL SUBDIVISIONS; COMPLIANCE WITH 2-4 FEDERAL REQUIREMENTS. All political sOOdivis.ions are hereby 2-5 authorized to take all necessary and reasonable actions to comply 2-6 with the requirements and criteria of the NatiOnal Flood Insurance 2-7 Program, including but not limited to: 2-8 (1) making appropriate land use adjustments to 2-9 constrict the development of land which is exposed to flood damage 2-10 and minimize 􀁾􀁡􀁭􀁡􀁧􀁥􀀠caused by flood'losses; 2-11 (2) guiding the development 'of proposed future 2-12 construction, where practicable, away from a location which is 2-13 threatened by flood hazards; 2-14, (3) assisting in minimizing'damage caused by floods; 2-15 (4) authorizing and engaging in continuing studies 'of 2-16 flood hazards in order to facilitate a constant reappraiSal of the 2-17 flood insurance program and its effect on land use requirements; 2-18' . (5) engaging in flOOdPlain management and adopting and 2-19 enforcing permanent land use and control measures consistent with 2-20 the criteria established under the National Flood Insurance Act; 2-21 . (6) declaring property, when such is the case, to be 2-22 in.violation of local" laws, regulations; or.ordinances which are 2-23 intended to discourage or otherwise restrict land development or 2-24 occupancy in flood-prone areas and notifying the director . 2-25 [secreta£y}, or whomever the the director [he} desiguates, of such 2-26 property; 2:"27 (7) consulting with, giving information to, and 3-1 entering into agreements with the 􀁆􀁥􀁧􀁥􀁲􀁡􀁬􀁾􀁾􀁲􀁾􀁣􀁹􀀠Management 3-2 Agency [8eF'c"tme"t af lIal'ls.ia!J ana !JE;)an lile-rcleF'meBt] for the 3-3 purpose of: 3-4 3-5 3-6 3-7 3-8 3-9 3-10 3-11 3-12 3-13 3-14 3-15 3-16 3-17 3-18 3-19 3-20 3-21 3"22 3-23 3-24 3-25 3-26 3-27 4-1 4-2 4-3 4-4 4-5 4-6 4-7 4-8 4-9 4-10 4'-11 4-12 4-13 4-14 4-15 4-16 4-17 4-18 4':"19 4-20 4-21 4-22 4-23 4-24 4-25 4-26 4-27 5-1 5-2 5-3 5-4 ,5-5 5-6 5-7, the National Flood Insurance Program, the Texas Department [State 5:"8 􀁾􀁝􀀠of Insurance, and the commission may adopt and promulgate 5-9 reasonable rules which are necessary for the orderly effectuation 5-10 of the respective authorizations herein. 5-11 , Sec. 16.319. QUALIFICATION. Political 'subdivisions wishing 5-12 to qualify under the National Flo,od Insurance Program shall have 5-13 the authority to do so by complying with the directions of the 5-1'4 Federal Emergency Management Agency [gef'aFtlftefft sf I1eliei..􀁾􀀠a"d 􀀵􀁾􀀱􀀵􀀠gEe.. " gevelepme"t] and by, 5-16 (1) evidencing to the director [eeeFetaFY] a positive 5-17 interest in securing flood insurance coverage' under the National 5-18 Flood Insurance Program; and 5-19 (2) giving to the director [eeCFetaFY] satisfactory 5-20, aSsurance that measures will have been adopted for the political 5-21 subdivision which measures will be consistent with the 5-22 comprehensive criteria for land management and use deweloped by the 5-23 Federal Emergency Management Agency [D"f'aFtlftent ef lIelisi..􀁾􀀠aftd 5-24 g"ea" 􀁧􀁥􀂥􀁥􀁬􀁥􀁾􀁬􀁦􀁴􀁥􀀢􀁴􀀬􀀠aHa that tHe af>plieatiea aHd eafsreemeat ef slioh 5-25 measures ,all eemmeftee as Se6ft as teeaaiaal 􀁩􀁂􀂣􀁥􀁆􀁭􀁡􀁾􀁩􀁥􀁈􀀠en 5-26 rIeee!lIays aHe eH 􀁥􀀬􀁥􀁈􀁴􀀢􀁡􀁬􀁬􀁩􀁂􀁾􀀠ele'JatisBEl, is availaBle]. 5-'-21 Sec. 16.'320. COASTAL EROSION. The Commissioner of the 6-1 General, La'nd Office is authorized to perform all a'cts necessary to 6-2 develop and implement a prog'ram for certification of structures 6-3 subject to imminent collapse due to erosion under the National 6;-4 , Flood Insurance Act· ref 1969 (42 IiI.S "c. SesHal'. 4991 ot se'!,) j., ' 6-5 This program shall include administrative rules adequate to meet 6-6 all 􀁥􀁲􀁯􀁳􀁩􀁯􀁮􀁾􀁲􀁥􀁬􀁡􀁴􀁥􀁤􀀠requirements of the National Flood Insurance 6-7 ' Act [ef 1968 (42 g.s.c. Beetie".4991 et 􀁳􀁥􀁾􀀮􀁊􀁝􀀬􀀠including, the" 6-8 establishment of required erosion zones in order for the state to 6-9 receive approval to administer the program. This 􀁾􀁥􀁣􀁴􀁴􀁩􀁯􀁮􀀠shall 6-10 apply to any amendment of or 􀀱􀁡􀁾􀀠replacing Section 4013(c) of the 6-11 National Flood Insurance Act ref 1968,(42 g.S.C. Beatie.. 4991 01;' 6':'12 􀁾􀁪􀀮􀀠Except as otherwise provided by this section, all actions 6-13 taken by political subdivisions under Section 16.315 pf this code 6-14 with respe,ct to structures in imminent danger of collapse from 6-15 coastal erosion must cOmply with rules and' regulations adopted by 6-16 the commiss,ioner 'under this section. A political subdivision may 6-17 adopt rules that are more stringent than those adopted by the 6-18 commissioner under this section, provided the stricter provisions 6-19 are intended to ensure compliance with the National Flood Insurance 6-20 Program' s 􀁛􀁐􀁲􀁥􀁾􀁟􀁳'J rule's, regulations, and policies. 6-21 Soc. 16.321. COASTAL FLOODING. Tho'Commissioner of the 6-22 General Land Office shall adopt and enforce reasonable rules and 6;-23 regulations necessary for protection from flooding ,on barrier 6-24 islands, penirisulas, and mainland areas fronting on the Gulf of 6-25 Mexico. Rules and. regulations adopted pursuant to this section 6-26 shall be limited to those matters that political subdivisions are 6-27 authorized to address under Section 16.315,of this code [aaa lllaY 􀁔􀁾􀁬􀀠Bee illlpese FequiFellleats stFister tflaB these estaelisHed Ell' the 7-2 􀁦􀁥􀁣􀁩􀁥􀁾􀁡􀁬􀀠a§'eaoy aciministeEiB§ the Nat:ie:aal FIssel InSHFaPlSe Act af 7-3 1968 (42 9,S.C. Seeaie.. 4991 et 􀁳􀁥􀁾􀀮􀀩􀁬􀀮􀀠Except as otherwise 7-4 provided by this section, all actions taken by political 7-5 subdivisions under Section 16.315 of this code with respect to 􀀷􀁾􀀶􀀠flooding on barrier islandS, peninsulas, and mainland areas 7-7 fronting on the Gulf of Mexico must comply with rules and 7;-8 regulations adopted by the commissioner under this section. A 7-9 political subdivision may adopt rules that are more stringent than 7-10 those adopted by the commissioner under this section, provided the 1-11 stricter provisions are in.tended to ensure compliance with the 7.,12 National Flood Insurance Program's 􀁛􀁐􀁾􀁥􀁾􀁾􀁡􀁭􀁳􀀧􀁝􀀠rules, regulations, 7-13 and policies. 7-14 SECTION 5. Subchapter I, Chapter 16; Water Code, is amended 7-15 by adding Section 16.3221 to read as follows: . 7-16 Sec. 16.3221. CRIMINAL PENALTY. (a) A person commits an 7-17 offense if the person violates this subchapter. 7-18 (b) Ari offense under this section is a Class C misdemeanor. 7-19 (c) Each violation of this subchapter and each day of a 7-:20 continuing violation is a separate offense. 7-21 SECTION '6. Section 16.323, Water Code, is amended to read as, .7-22 follows: 7-23 Sec. 16.323. ENFORCEMENT BY PCLITICAL SUBDIVISION [OO9NTYj. 7-24 'Ia) If it appears that a person has violated, is violating, or is 7-25· threatening to violate this subchapter or a rule, adopted or order 7-26 issu,ed under this subchapter, a political subdivision [esuRtyl may 7-27 institute a civil suit in the appropriate [a disEFietl court for: 8-1 (1) injunctive relief to restrain the person from 8-2 continuing'the viol"tion or' threat of violation, including an o'rder 8-3 directing the person to remove ilJegal improvements and restore 8-4 'preexisting conditiona; 8-5 (2) the assessment and recovery of the civil penalty 8-6 provided by Section 16.322; or, 8-7 (3) both the injunctive relief and the civil penalty. 8-8 (b), On application ,for injunctive relief and a finding that ,8-9 a person has violated, is violating, Or is threatening to violate 8-10 this subchapter or a rule adopted Or order issued under this ,8-11 subchapter, the [distriet) court shall grant the injunctive relief 8-12 that the facts warrant. ' 8-13 [ (e) This seetie"", 􀁾􀁕􀁥􀁳􀀠aflly'ts a ss_ty that! 1 8-14 [ (1) ea"tai"s 1m" 􀀬􀀬􀁾􀀠maFe ",,,,,i,,il"alities eaeh sf Hhieh 8-15 has a 􀁰􀁳􀁾􀀢􀁬􀁡􀁴􀁯􀁩􀁥􀁈􀀠"f 259,999 aF 􀁭􀁡􀁾􀁥􀀻􀀩􀀠 8-16 [(2) has a 􀁬􀀢􀁥􀁾􀀢􀁬􀁡􀁴􀁩􀁥􀁦􀁬􀀠sf 􀀲􀁾􀁂􀀠mil1ieR sr mere, erJ 8.,17 [(3) has a pSl""latoisn sf 270,999 SF mare aftd is 8-18 aejaeent; toe tHa €IF mere eSliatiee eash af lIaieh aas a 􀁾􀁥􀁰􀀢􀁬􀁡􀁴􀁩􀁳􀁦􀁬􀀠sf 8-19 SHe milli"sa SF meE'S * ] 8-20 SECTION 7. This Act takes' effect September 1, 2001. Texas Legislature Online -Bill History 77(R) SB 936 Page 1 on Bill HistoryQ Bill History . Text . Actions' Qsmlions . gompanion . Authors' Next Bill Bill: SB 936 Legislative Session: 77CR) Council Document: 77R 07018 ENGROSSED 0410212001 H Left pending In committee Relating to floodplain management and flood insurance; providing a criminal penalty. Author: Armbrister Subjects: 10067 Coastal Affairs & Beaches 10211 Disaster Preparedness & Relief 10588 Political Subdivisions 10885 Water-General $0327 FLOODS Senate Committee: Natural Resources Status: Out Vote: AYES= 5 NAYS= 0 PNV= 0 ABSENT= 2 Bill Subcommittee: House Committee: Land & Resource Management Status: In Bill Subcommittee: Home I Legislation I House I Senate I InfOrmation rResources IAQencies ITop Texas Legislature Online Created: 05 Apr 2001 -03:09PM bttp:fI...Ireport?LEG=77&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=OO93 04/0512001 77(R) SB 936 Introduced version -Fiscal Note Page 1 of! LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 71th Regular Session March 12, 2001 TO: Honorable 􀁊􀀮􀁅􀁾􀀠ttBusterfl Brown, Chair, Senate Committee on Natural Resources FROM: John Keel, Director, Legislative Budget Board IN RE: SB936 by Armbrister (Relating to floodplain management and flood insurance; providing a criminal penalty.), As Introduced ************************************************************************** * No significant fiscal implication to the State is anticipated. * ********************* ***************************************************** Local Government Impact The bill would require that political subdivisions adopt more comprehensive floodplain management rules determined to be necessary and to participate in floodplain management and mitigation initiatives such as the National Flood Insurance Program Community Rating system, Project Impact, or other initiatives developed by federal, state, or local government. The provisions of the bill also would allow the subdivisions to collect reasonable fees to cover the cost of administering a local floodplain management program. Any new costs resulting from enactment of the bill are expected to be recovered through these fees. According to the Texas Natural Resource Conservation Commission, some local government entities already charge an application fee to help offset the costs of administering the floodplain program. The cost of administering the program varies depending on the level of sophistication of the system, population growth in the area, and the number of permits issued monthly. Of those political subdivisions charging a fee, the fee ranges from $25 for development outside of the floodplain to $75 for development inside the floodplain. Large cities and counties issue a high number of permits per month, while smaller qommunities may issue only one Or two permits per month. Authorizing fees to recoup costs would create a cost savings for those political subdivisions not already charging such fees. Source Agencies: 582 Texas Natural Resource Conservation Commission, 5S0 Texas water Development Board, 454 Texas Department of Insurance, 305 General Land Office LBB Staff: JK, CL, TL, DB ..􀀮􀁉􀁶􀁩􀁥􀁷􀁴􀁥􀁸􀁴􀀮􀁣􀁭􀁤􀀿􀁌􀁅􀁇􀀽􀀷􀀷􀀦􀁓􀁅􀁓􀁓􀀽􀁒􀀦􀁃􀁈􀁁􀁍􀁂􀁅􀁒􀀽􀁓􀀦􀁂􀁉􀁌􀁌􀁔􀁙􀁐􀁅􀀽􀁂􀀦􀁂􀁉􀁌􀁌􀁓􀁕􀁆􀁆􀁉􀁘􀀽􀀰􀀰􀀹􀀳􀁾􀀴􀀯 􀀰􀀵􀀱􀀲􀀰􀀰􀀱􀀠 77(R) SB 936 Introduced version -Bill Analysis Page 1 of2 SRC-SEW S.B. 936 77(R) BILL ANALYSIS Senate Research Center S.B. 936 77R7018 QS-DBy: Armbrister Natural Resources 3/12/2001 As Filed DIGEST AND PURPOSE Current state law relating to floodplain management and flood insurance references agencies whose names have changed. Also, under current law, there is no specific reference to a county's ability to enforce a floodplain management court order. This is substantiated by language passed during the previous two legislative sessions that allows only three counties to enforce and collect civil penalties for violations of the 􀁯􀁲􀁤􀁥􀁲􀁾􀀠Finally, currently counties may only do the minimum necessary for participation in the National Flood Insurance Program and may not exceed the Federal Emergency Management Agency's minimum requirements. As proposed, S.B. 936 updates enabling legislation regarding references to both federal and state agencies; enables counties to enforce floodplain management court orders; and allows counties to participate in mitigation activities that would reduce susceptibility to flood damage. RULEMAKING AUTHORITY Rulemaking authority previously granted to the State Board of Insurance is modified in SECTION 4 (Section 16.318, Water Code) of this bill in compliance with conforming changes and granted to the new Texas Department of Insurance, formerly the State Board of Insurance. Rulemaking authority previously granted to the Commissioner of the General Land Office is modified in SECTION 4 (Section 16.321, Water Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 16.313(2) and (3), Water Code, to redefine "National Flood Insurance Act" and define Udirector. t1 SECTION 2. Amends Sections 16.314 and 16.315, Water Code, as follows: Sec. 16.314. Makes a conforming change. Sec. 16.315. Authorizes all political subdivisions to take all necessary and reasonable actions to comply with the requirements and criteria of the National Flood Insurance Program, including but not limited to certain stated actions. SECTION 3. Amends Section 16.316(b), Water Code, to require the Texas Natural Resource Conservation Commission (commission), pursuant to the National Flood Insurance Program (NFIP) and state and local efforts complementing the program, to aid, advise, and cooperate with political subdivisions, the Texas Department (rather than State Board) of Insurance, and the Federal Emergency Management Agency (FEMA) when aid, advice, and cooperation are requested or deemed advisable by the commission (rather than the Texas Water Development Board (board». SECTION 4. Amends Sections 16.317, 16.318, 16.319, 16.320, and 16.321, Water Code, as follows: ...Iviewtext.cmd?LEG=77&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=0093cQ4/05/200I 77(R) SB 936 Introduced version -Bill Analysis Page2of2 Sec. 16.317. New heading: 􀁃􀁏􀁏􀁾􀁅􀁒􀁁􀁔􀁉􀁏􀁎􀀠OF TEXAS 􀁄􀁅􀁾􀁁􀁒􀁔􀁍􀁅􀁎􀁔􀀠OF INSURANCE. Makes conforming changes. Sec. 16.318. Makes a conforming change in granting rulemaking authority to the Texas Department of Insurance, formerly the State Board of 􀁉􀁮􀁳􀁵􀁲􀁡􀁮􀁣􀁥􀁾􀀠Sec. 16.319. Requires that political subdivisions wishing to qualify under NFPA have the authority to do so by complying with the directions of FEMA and by meeting certain stated requirements. Makes conforming changes. Sec. 16.320. Deletes the text "of 1968 (42 U.S.C. Section 4001 et seq.)" concerning the National Flood Insurance Act. Makes a conforming change. Sec. 16.321. Deletes text prohibiting rules and regulations adopted by the Commissioner of the General Land Office pursuant to this section from imposing requirements stricter than those established by the federal agency administering the National Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et seq.). Makes a conforming change. SECTION 5. Amends Chapter 161, Water Code, by adding Section 16.3221, as follows: Sec. 16.3221. CRIMINAL PENALTY. 􀁾􀁲􀁯􀁶􀁩􀁤􀁥􀁳􀀠that a person commits an offense that is a Class C misdemeanor if the person violates this subchapter and that each violation of this subchapter and each day of a continuing violation is a separate offense. SECTION 6. Amends Section 16.323, Water Code, as follows: Sec. 16.323. New heading: ENFORCEMENT BY POLITICAL SUBDIVISION. Authorizes a political subdivision (rather than a county), if it appears that a person has violated, is violating, or is threatening to violate this subchapter or a rule adopted or order issued under this subchapter, to institute a civil suit in the appropriate (rather than a district) court for certain stated purposes. Makes a conforming change. Deletes existing Subsection (cl regarding restrictions on the application of this section. SECTION 7. Effective date: September 1, 2001 . ...Iviewtext.cmd?LEG=77&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=0093 04/0512001 77(R) lIB 2481 Introduced version -BiII Text Page 1 ofl 􀁾􀀠􀁾􀀱􀀬􀀠.f. . 􀁦􀀧􀀧􀁜􀁾􀀠'f'I'f 􀁩􀁩􀁾􀀢􀀢􀀢􀀠'/.f . lrJi 􀁾􀀠,y (v By Jones of Dallas r H.B. No. 2481 77R7090 KEL-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a prohibition of the delivery or installation of a new 1-3 or used manufactured home in a flood-prone area. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. section 6, Texas Manufactured Housing Standards 1-6 Act (Article 5221f, Vernon's Texas Civil Statutes), is amended by 1-7 adding Subsection (n) to read as follows: 1-8 .tn) (11 In this subsection, "homesite" means the land on 1-9 which the foundation system for a manufactured home is or will be 1-10 located. 1-11 (2) A retailer, broker. or salesperson who sells. 1-12 exchanges, or lease-purchases a new or used manufactured home to a 1-13 consumer for use as a permanent dwelling may not: 1-14 1Al deliver or arrange for the delivery of the 1-15 home to a homesite ina special flood hazard area designated by the 1-16 director of the Federal Emergency Management Agency; 1-17 J!U install or arrange for the installation of 1-18 the home at a homesite in that area; or 1-19 (C) assist the consumer in the delivery or 1-20 􀁾􀁵􀁳􀁴􀁡􀁬􀁬􀁡􀁴􀁩􀁯􀁮􀀠of. or in making arrangements for the delivery or 1-21 installation of. the home to or at a homesite in that area. 1-22 ill.... Before closing on the acquisition of a new or used 1-23 manufactured home for use as a per.manent dwelling, a consumer 1-24 seeking to acquire the home must provide to the retailer, broker, 2-1 or salesperson selling, exchanging, or lease-purchasing the home· 2-2 P.1;oof that the homesite proposed for the hOme is not located in a 2-3 special flood hazard area designated by the director of the Federal· 2-4 Emergency Management Agency, 2-5 SECTION 2. The change in law made by this Act applies only to 2-6 the sale, exchange, or lease-purchase of a new or used manufactured 2-7 horne on or after the effective date of this Act. 2-8 SECTION 3. This Act takes effect immediately if it receives 2-9 a vote of two-thirds of all the members elected to each house, as 2-10 provided by Section 39. Article III, Texas Constitution. If this 2-11 Act does not receive the vote necessary for immediate effect, this 2-12 Act takes effect September 1, 2001 . ...Iviewtext.cmd?LEG=77 &SESS=R&CHAMBER=H&BILL TYPE=B&BILLSUFFIX=0248Gl4/0S!2001 Texas Legislature Online -Bill History 77(R) HB 2481 Page 1 ofl Bill History & Bill History . Text . Actions' Captions . Authors . Next Bill Bill: HB 2481 Legislative Session: 77(R) Council Document: 77R 07090 INTRODUCED 0410212001 H Left pending in committee Relating to a prohibition of the delivery or installation of a new or used manufactured home in a flood-prone area. Author: Jones, Jesse SUbJects: 10211 Disaster Preparedness & Relief 10405 Houslng-General 10620 Property Interests-General 10740 Safe!}, S0327 FLOODS 82801 MANUFACTURED HOUSING House Committee: Land & Resource Management Status: In Bill Subcommittee: Home ILegislation IHouse ISenate I I rmation IResources IAgencies ITop Texas Legislature Online Created: 05 Apr 2001 -03:02PM http:/... lreport?LEG=77&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=0248 04105/2001 77(R) HB 2481 Introduced version -Bill Analysis Page 1 ofl HBA-CBW H.B. 2481 77(R) BILL ANALYSIS Office of House Bill Ana1ysisH.B. 2481 By: Jones, Jesse Land & Resource Management 3/28/2001 Introduced BACKGROUND AND PURPOSE The Federal Emergency Management Agency (FEHA) has required Dallas County to adopt specific flood plain management regulations to participate in the National Flood Insurance Program. One of the regulations requires persons seeking to install a manufactured home in the flood plain to elevate the structure above the 100-year flood level. Despite the good intentions of this regulation, people have continued to locate manufactured homes in the flood plain without meeting the elevation requirements. House Bill 2481 prohibits certain persons from assisting in the installation of a new or used manufactured home in an area deSignated by the director of FEHA as a flood hazard area and provides that a consumer must provide flood information to the seller of a new or used manufactured home prior to to closure of an acquisition. RULEHAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 2481 amends law to provide that a retailer, broker, or salesperson who sells, exchanges, or lease-purchases a new or used manufactured home to a consumer for use as a permanent dwelling may not: deliver or arrange for the delivery of the home to a homesite in a special flood hazard area designated by the director of the Federal Emergency Management Agency (FEMA); install or arrange for the installation of the home at a homesite in that area; or assist the consumer in the delivery or installation of, or in making arrangements for the delivery or installation of, the home to or at a homesite in that area. Before closing on the acquisition of a new or used manufactured home for use as a permanent dwelling, the bill provides that a consumer seeking to acquire the home must provide to the retailer, broker, or salesperson selling, exchanging, or lease-purchasing the home proof that the homesite proposed for the home is not located in a special flood hazard area designated by the director of FEHA. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001 • ...Iviewtext.cmd?LEG=77&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=0248Gl4/0S12001 77(R) lIB 516 Introduced version -Bill Text Page 1 ofl By Turner of Coleman H.B. No. 516 77R3316 AJA-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to participation of cities and counties in the National 1-3 Flood Insurance Program. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 16.3145, Water Code, is amended to read as 1-6 follows: 1-7 Sec. 16.3145. NATIONAL FLOOD INSURANCE PROGRAM ORDERS OR 1-8 ORDINANCES. (a) This section does not apply to a county with a 1-9 population of 20,000 or less. 1-10 lQl The governing body of each city and county subject to 1-11 this section shall adopt ordinances or orders, as appropriate, 1-12 necessary for the city or county to be eligible to participate in 1-13 the National Flood Insurance Program, 1-14 SECTION 2. This Act takes effect September 1, 2001 • . .iviewtext.cmd?LEG=77&SESS=R&CHAMBER=H&BILL TYPE=B&BILLSUFFIX=OO5)(141051200) Texas Legislature Online -Bill Histol)' 77(R) HB 516 Page I ofI TEXA.8 LEGISLA.TVJJ..E OJrI.IJfE Bill History. Bill History' Text . Actions· Captions' Authors . Next Bill Bill: HB 516 Legislative Session: 77(R) Council Document: 77R 03316 INTRODUCED 01131/2001 H Referred to Land and Resource Management Relating to participation of cities and counties in the National Flood Insurance Program. Author: Turner, Bob Subjects: 10096 County Government-General 10442 Insurance-Properly & Casualty S0327 FLOODS House Committee: Land & Resource Management status: In Bill Subcommittee: Home ILegislation IRouse ISenate IInformation IResources IAgencies ITop Texas legislature Online Created: 05 Apr 2001 -03:07PM http:l..Jreport?LEG=77&SESS=R&CHAMBER=H&BILLTYPE=B &BILLSUFFIX=0051 04/0512001 77(R) 􀁾6 Introduced version -Bill Text Page I ofl -.,J-'\ 'If \r" 1>/7"(:V By Turner of Coleman H.B. No. 516 77R3316 AJA-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to participation of cities and counties in the National 1-3 Flood Insurance Program. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 16.3145, Water Code, is amended to read as 1-6 follows: 1-7 Sec. 16.3145. NATIONAL FLOOD INSURANCE PROGRAM ORDERS OR 1-8 ORDINANCES. {al This section does not apply to a county with a 1-9 population of 20,000 or less. 1-10 llll The governing body of each city and county subject to 1-11 this section shall adopt ordinances or orders, as appropriate, 1-12 necessary for the city or county to be eligible to participate in 1-13 the National Flood Insurance Program. 1-14 SECTION 2. This Act takes effect September 1, 2001 . ...Iviewtext.cmd?LEG=77&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=0051fl4/0512001 Texas Legislature Online -Bill History 77(R) HB 516 Page 1 ofl Bill History 0 Bill History . Text . Actions· Captions . Authors' Next Bill Bill: HB 516 Legislative Session: 77(R) Council Document: 77R 03316 INTRODUCED 01/31/2001 H Referred to Land and Resource Management Relating to participation of cities and counties in the National Flood Insurance Program. Author: Tumer, Bob Subjects: 10096 County Government-General 10442 Insurance-Property & Casualty 80327 FLOODS House Committee: land & Resource Management status: In Bill Subcommittee: Rome I legislation I House J senall:t ] InfOrmation IB§Ources IAgencies ITop Texas Legislature Online Created: 05 Apr 2001 -03:07PM http:/...Ireport?LEG=77&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=0051 0410512001 TEXAS FLOODPLAIN MANAGEMENT ASSOCIATION ANNUAL TEXAS FLOOD CONFERENCE AND TRAINING WORKSHOP MAY 15-18, 2001 FREDERICKSBURG, TEXAS PRE-REGISTRATION FORM NA]dE: ________________________________________ _______ TITLE: _____________________________________________ EMPLOYER: _________________________________________ ADDRESS: ___________________________________________ CITY: ____________________--', TEXAS ZIP: _____________ )_______FAX:(TELEPHONE: ( )---------------E-MAIL ADDRESS: __________________________________--'PLEASE INDICATE YOUR INTENTIONS: NO -I WILL NOT ATIEND THIS YEAR, BUT KEEP ME ON THE LIST FOR FUTURE TRAINING OPPORTUNITIES. I YES -I WILL ATTEND THIS YEAR. PLEASE SEND A CONFERENCE REGISTRATION PACKET. PRE-CONFERENCE TRAINING SESSION -MAY 15-16,2001 "MANAGING FLOODPLAIN DEVELOPMENT" -8 HR. COURSE· $35.00 EXTRA FEE NO -I WILL NOT REGISTER FOR THE EXTRA TRAINING SESSION. YES -I WANT TO REGISTER FOR THE EXTRA TRAINING SESSION. TFMA TEXAS NATIONAL CERTIFICATION EXAM -FRIDAY, MAY 18,2001 NO -I DO NOT PLAN PLAN ON TAKING THE EXAM. J YES -I WISH TO PRE-REGISTER FOR THE EXAM. Please complete this form and fax to Roy D. Sedwick, do LCRA at (512) 473-3539. If you wisb, you may mall form to Roy D. Sedwick, CFM, Lower Colorado River Authority, P.O. Box :<20, Austin, Texas 78767-0220. When a completed form is received, you will be mailed a Conference Registration Packet containing a locator map, conference agenda, a conference registration form with payment of fees, aod otber information. You must be a member of the TFMA before you can take the TFMA Texas National Certification Exam. Ifyou bave any questions, please call Roy Sedwick at (51Z) 473-3200 x 2805. Thursday -May 17,2001 7:30 am -8:00 am 8:00 am -11 :30 am 11:30 am -1:00 pm 1:00 pm -4:00 pm 4:00 pm -5:00 pm 6:00 pm -10:00 pm Friday -May 18,2001 8:00 am -10:15 pm 10:30 am -11:30 am 12:30 pm -4:00 pm PRE-REGISTRATION CONFERENCE REGISTRATION TEXAS FLOOD CONFERENCE CONTINUES Four Topical Presentations LUNCH -WITH SPECIAL GUEST SPEAKER CONFERENCE CONTINUES Five Topical Presentations TFMA COMMITTEE MEETINGS TFMA BANQUET TFMA Business Meeting Election ofOfficers Reports from Regional Directors & Committees Social THREE CONCURRENT TRAINING SESSIONS PANEL OF EXPERTS TFMA TEXAS NATIONAL CFM EXAM To help TFMA plan for this event, we have developed a Conference Pre-Registration Form to determine the nwnber of persons attending and their preferences on attending the Early Bird workshop and taking the Texas National CFM Exam. Please complete the form and return to Roy D. Sedwick, CFM at Fax (512) 473-3539. When a completed form is received, those attending the conference will receive a Conference Registration Packet Packet containing a Registration Form with payment offees, a map locator, a complete agt:nda and other information. REGISTRATION FEES TFMA is still fmalizing the costs of catering and other special functions, but for budget purposes you can estimate registration fees for the conference to range from $100 to $125 for TFMA members. There will be an addition fee of $35 per person if you wish to attend the Early Bird Training Workshop. There is no fee to take the TFMA CFM Exam, but you must be a member ofTFMA to take the exam. Membership is currently $30.00. Ifyou have any questions, please call Roy D. Sedwick, CFM at (512) 473-3200 x 2805. Questions about the agenda and conference program? Call Diane Calhoun, CFM at (817) 847-1422 x 130 Questions about your TFMA membership status? Call Penny Goode, CFM at (979) 864-1295 Questions about the TFMA Exam or TFMA CFM Program? Call Janine E. Ellington, NCFM at (830) 608-2090 DONT DELAY! SEND IN YOUR PRE-REGISTRATION FORM TODAY TO RESERVE YOUR SEAT AT THIS HIGHLY INFORMATIVE CONFERENCE. DRIVE SAFE & ARRIVE ALIVE! SCHEDULE AND OTHER INFORMATION The main conference is scheduled to start on Wednesday, May 16, 2001 at 1:00 PM and will conclude at Noon on Friday, May 18th• In response to requests for additional training opportunities, TFMA has scheduled a special one-day workshop entitled "Managing Floodplain Development". The workshop will start on Tuesday, May 15,2001 at 1:00 pm and will close at 5:00 pm. It will continue the next morning from 8:00 am until 12:00 Noon. For more infonnation, see Special Training below. Registration will begin at 11 :30 am on Tuesday, May 15'" and conclude at start of the training workshop. Registration will begin again at 8:00 am Wednesday morning and conclude at the start of the main conference. SPECIAL TRAINING WORKSHOP To offer additional training opportunities, the Texas Flood Conference will feature an early bird 1day workshop with intensive instruction on how to manage floodplain development through the National Flood Insurance Program. This is not your typical Floodplain Management 101 course, instead it is a highly condensed version of FEMA's main 4 112-day training course "Managing Floodplain Development Through the NFIP". The instructor for the workshop is Diane Calhoun, CFM, a Floodplain Program Manager with Halff Associates, Inc. located in Fort Worth, Texas. Many ofyou know Diane, she is a long time member and supporter ofTFMA and spent over 30 years working with the NFIP under FEMA in Region VI. She is well qualified and always makes her workshops spirited and highly infonnative. You will receive a nice workshop notebook as part of the training, which will serve as a handy reference guide back home. To cover costs of the notebook and additional expenses, there is an extra fee of$35.00 for the early bird wcrkshop. TFMA CERTIFIED FLOODPLAIN MANAGER EXAM At the conclusion ofthe conference, the Texas Floodplain Management Association will offer the Texas National Certification Exam for those interested in pursuing professional certification as a Nationally Accredited "Certified Floodplain Manager". The exam period will start at 12:30 p.m. on Friday, May 18 and will conclude at 4:00 p.m. There is no fee to take the exam, however you must be a current member of TFMA ($30) and must pre-register for the exam. CONFERENCE AGENDA Tuesday -May 15,2001 11:30am-l:00pm -CONFERENCE REGISTRATION 1:00 pm -5:00 pm EARLY BIRD TRAINING WORKSHOP "MANAGING FLOODPLAIN DEVELOPMENT" ·8:00 pm -10:30 pm -ICE BREAKER SOCIAL Wednesday -May 16, 2001 8:00 am -1:00 pm CONFERENCE REGISTRATION 8:00am-12:00Noon-CONTINUATION OF EARLY BIRD WORKSHOP 1:00 pm -5:00 pm TFMA TEXAS FLOOD CONFERENCE Welcome & Introductions Four Topical Presentations 5:30 pm -7:00 pm TFMA BOARD MEETING TEXAS FLOODPLAIN MANAGEMENT ASSOCIATION MEMO TO: Members ofTexas Floodplain Management Association Local Elected Officials, City Managers, Floodplain Administrators, Emergency Management Coordinators, Building Officials, and others interested in Floodplain Management & Hazard Mitigation FROM: Roy D. Sedwick, CFM tJA TFMA Executive Director 1\Jff' SUBJECT; TFMA's 12"' Annual Texas Flood Conference It is with great pleasure that I announce on behalf ofthe Texas Floodplain Management Association the scheduling ofTFMA's Annual Texas Flood Conference: Texas Floodplain Management Association's 12'h Annual Texas Flood Conference "PREPARE -RESPOND -RECOVER -MITIGATE" May 15-18,2001 Fredericksburg Inn & Suites Fredericksburg, Texas CONFERENCE LOCATION This years conference will be held in beautiful Fredericksburg, Texas in the heart ofthe Texas Hill Country. Fredericksburg is a quaint, but bustling German community and is now one of the top tourist attractions for antiques, shopping, dining and wine tasting, and sampling good old fashion Tex/German hospitality. Bring your family and enjoy the beautiful hill country wildflowers. HOTEL RESERVATION INFORMATION Our Conference hotel is the beautiful Fredericksburg Inn & Suites located on U.S. Highway 87 South,just one block off of the Historic Main Street. This new property, on the banks of Town Creek, has a great conference facility and meeting room, a pool and hot tub, and offers a continental breakfast in an old renovated German Sunday House which has been incorporated into the hotel. We have negotiated a special room rate of $69.00 (Plus 13% tax) for either a King or 2-Queen bedroom. To make your reservations, call the Fredericksburg Inn & Suites at 1-800-446-0202. When making reservations, you must identifY that you are with the TFMA Texas Flood Conference to receive these special rates. Ifyou are tax exempt, and wish to exercise this option, notif'y the hotel at time ofreservation and be prepared to present your tax exempt status certificate at check-in. The cut off date for room reservations is May 1,2001. NOTE: You are responsible for making your hotel reservations and for the payment ofyour hotel expenses. TEXAS FLOODPLAIN MANAGEMENT ASSOCIATION APPLICATION FOR MEMBERSHIP 2001 NAME: TITLE: EMPLOYERIAGENCY: ADDRESS: CITY: _______ STATE: WORK PHONE: ___ ZIP: EXT.: _________ FAX: EMAIL: HOME (OPT) YEARS OF EXPERIENCE: MEMBERSHIP CLASS (please Check One) 0 FULL MEMBERSHIP $30 0 STUDENT MEMBERSHIP $10 0 FEDERAL/STATE AGENCY $0* 0 CORPORATE SPONSOR $150':'* ("Associate Memberships are decided on a case by case hasis for Federal Agencies and do not include voting rights or Committee/Board priviIeges) (""NOTE: Corporate Sponsor Entitles Company /Agenr:y to One Full Membership) Type of Membership (Check One): 0 New 0 Renewal Are you interested in serving as a Regional Director?: 0 Yes 0 No Are you interested in becoming a member of TFMA's Mutual Aid Training Force?: 0 Yes 0 No Certification: 0 Texas 0 National MAIL COMPLETED APPliCATION AND MEMBERSHIP FEE BYMARCH 1,2001 TO: Penny Goode, CFM TFMATreasurer C Brazoria County 200 East Locust, Suite 8 Angleton, Texas 77515 (979) 864·1295 FAX (979)864-1003 TFMA COMMITTEES A nwnber of committees have now been fonned and are currently working on behalf of TFMA to plan for the future and to continua!ly improve our service to our members. If you are not on a committee and wish to serve TFMA, please contact Cathy Meek at (281) 565-0527. She can give you a list of committees with committee chairs and contacts. BLUE RIBBON COMMITTEE A nwnber of the recommendations contained in the Blue Ribbon Committee report are now being drafted into legislation for submittal to the Texas Legislature. I have seen a draft of the bill which would modify the State of Texas Floodplain Enabling Legislation and make it possible for counties and general law cities to have equal enforcement provisions like Home Rule Municipalities. In addition, the legislation would allow political subdivisions the opportunity to go beyond FEMA minimwn floodplain management criteria and would also allow the application of these additional management standards outside of the identified floodplain. The draft legislation also provides for the collection of fees. This important piece of legislation is something TFMA has long supported and the changes are drastically needed to help Texas communities deal with an ever increasing flood risk. As soon as this legislation receives a nwnber and is filed, we will notify all TFMA members. You will be asked to contact your local representative and voice support for the bill. This is a major development and it deserves our fullest attention and unified support. As you can tell from the above comments, TFMA has indeed experienced a fantastic year and we are looking forward to an even better year. Only one thing is needed to make TFMA a success -YOU! Please renew your membership, help solicit new members and support the training and educational efforts of the association. If time allows, volunteer to work on the committees. We need a steady flow of new ideas and attitudes to face the challenge of "Growing and Improving TFMA" in the coming years. Together, the TFMA family can can continue to strive to reduce the risk of flooding in our great state to save lives and property. I look forward to seeing you at the annual conference, if not, then stay safe, healthy and employed till the next time we meet. 􀁾􀀠Roy D. Sedwick, CFM TFMA Executive Director TFMA TRAINING & CONFERENCES The Texas Floodplain Management Association has continued it's training partnership with TNRCC, FEMA, Texas Dept. of Public Safety -DEM, LCRA and now with the Texas Colorado River Floodplain Coalition to offer more training opportunities for floodplain managers in Texas. And now, we also announce our Annual Texas Flood Conference scheduled for May 15-18,2001 at Fredericksburg, Texas. This conference will offer additional training opportunities and will be a great opportunity for TFMA members to regroup and prepare for the next flood we all know will come again. Please see separate attachment for more information and pre-conference registration forms for the Annual Flood Conference. TFMA SCHEDULE OF EVENTS A new Floodplain Managers Training Calendar has been developed and will be placed on the TFMA web site -www.tfina.org. There are a number oftraining courses, conferences and workshops of interest to the floodplain manager and emergency management coordinators. Copies of the Calendar will be available at the annual conference. If you can not access the calendar through the web site and would like to receive a printed copy, please contact me and I will forward one to you. TFMA CERTIFIED FLOODPLAIN MANAGER PROGRAM As previously stated, the TFMA Certified Floodplain Manager Program has grown beyond our wildest dreams. As of February, 2001, we now have 304 Certified Floodplain Managers, of which, 52 are now Nationally Certified. What a success! And the program continues to grow with many more in the process of completing the application after successfully passing the exam. To become one of "The Few .... The Proud .... The Nationally Certified", you must be a member of the TFMA, must pass the Texas National CFM Exam, and have two years ofprofessional experience. TFMA will wave one year of the experience requirement in recognition of special training or education. More details about the CFM Program will be found on the web site. TFMA NEWSLETTER TFMA has finally reached a point where we are getting out a quality newsletter on time. This is mostly due to Cathy Meek, our newsletter editor and other TFMA members who write articles or help with development. My special thanks to Cathy and all those who have responded to help TFMA publish a great newsletter. All members should be receiving copies in the mail, and the next one is due in April. TFMA WEBSITE The TFMA web site is now under reconstruction and should be even better than before. Special thanks to Amy Cunningham, CFM for her great work in the initial development ofthe web site. Amy has left the profession and is staying at home with her children, so welcome Kevin Miller, CFM as the new TFMA Webrnaster. Kevin, as most of you know, is the outgoing TFMA Chairman and he has volunteered to carry on his service to TFMA by managing our web site. I can't wait to see the new and improved web site. TEXAS FLOODPLAIN MANAGEMENT ASSOCIATION FROM THE DESK OF: ROY D. SEDWICK, CFM TFMA EXECUTIVE DIRECTOR Where did this year go? It seems only yesterday that we were counting down the minutes to the start of2000 and many were anxious about possible Y2K problems. Yet, here we are today in February, 2001 looking back at a year that was greatly anticipated by the worlds populous, and surprise, the world didn't end, computers didn't crash, and life as we know it goes on for most ofus. Year 2000 was a fantastic year for the Texas Floodplain Management Association and it's family of dedicated members. Our membership continued to grow and to reach out to many more of the "fringe" professional groups. The TFMA "Certified Floodplain Manager" Program has grown beyond our wildest dreams, we sponsored the ASFPM 2000 National Conference in Austin, Texas and we continued to build successful partnerships to take TFMA into 2001 and beyond. There were a number of events in 2000 that impacted the lives of TFMA members. Several members retired, several moved on to better jobs and a few passed on to a better life. The death of my wife, Barbara A. Sedwick in September certainly changed my life, but the outpouring of prayers, cards, calls, e-mails and flowers showed me that TFMA members really are an extended family and we all care about and support each other, especially in times of great need. For this, I am eternally grateful and I thank everyone for your personal support and expression of sympathy. As for the weather and floods, well it was typical for Texas, first wet, then dry and then wet again. Drought across the state took its toll in agriculture, wildfires and disruption of water supplies. Floods were not as drastic in 2000 and there were no Presidential Disaster Declarations for flooding, but localized flooding did make an impact in some parts ofthe state. Preliminary data from the National Weather Service indicates that 412 flood events affected the lives of Texans across the state. Eight persons lost their lives and 12 were injured in these floods. Damage estitnates put property losses at $28.6 million. So even in a relative slow flood year, flooding still took its toll on Texas. And now, let me comment on several items of interest to TFMA and to set the stage for a Great 2001! TFMA MEMBERSmp Our membership continues to grow and to reach new groups and professions. At the end of December, 2000, we had 449 members on the TFMA roster. Of course, we have the potential to grow way beyond our current membership level. We are in the membership renewal stage now, so if you haven't renewed, please do so now. A membership form is attached. Share it with a friend. If you need to check on your membership status, please call Penny Goode, CFM at (979) 864-1295. TEXAS FLOODPLAIN MANAGE1'vfENT ASSOCIATION FROM THE DESK OF: ROY D. SEDWICK, CFM TFMA EXECUTIVE DIRECTOR Where did this year go? It seems only yesterday that we were counting down the minutes to the start of 2000 and many were anxious about possible Y2K problems. Yet, here we are today in February; 2001 loolcing back at a year that was greatly anticipated by the worlds populous, and surprise, the world didn't end, computers didn't crash, and life as we know it goes on for most ofus. Year 2000 was a fantastic year for the Texas Floodplain Management Association and it's family of dedicated members. Our membership continued to grow and to reach out to many more of the "fringe" professional groups. The TFMA "Certified Floodplain Manager" Program has grown beyond our wildest dreams, we sponsored the ASFPM 2000 National Conference in Austin, Texas and we continued to build successful partnerships to take TFMA into 2001 and beyond. There were a number of events in 2000 that impacted the lives of TFMA members. Several members retired, several moved on to better jobs and a few passed on to a better life. The death of my wife, Barbara A. Sedwick in September certainly changed my life, but the outpouring of prayers, cards, calls, e-mails and flowers showed me that TFMA members really are an extended family and we all care about and support each other, especially in times of great need. For this, I am eternally grateful and I thank everyone for your personal support and expression of sympathy. As for the weather and floods, well it was typical for Texas, first wet, then dry and then wet again. Drought across the state took its toll in agriculture, wildfires and disruption of water supplies. Floods were not as drastic in 2000 and there were no Presidential Disaster Declarations for flooding, but localized flooding did make an impact in some parts of the state. Preliminary data from the National Weather Service indicates that 412 flood events affected the lives of Texans across the state. Eight persons lost their lives and and 12 were injured in these floods. Damage estimates put property losses at $28.6 million. So even in a relative slow flood year, flooding still took its toll on Texas. And now, let me comment on several items of interest to TFMA and to set the stage for a Great 20011 TFMA MEMBERSHIP Our membership continues to grow and to reach new groups and professions. At the end of December, 2000, we had 449 members on the TFMA roster. Of course, we have the potential to grow way beyond our current membership level. We are in the membership renewal stage now, so if you haven't renewed, please do so now. A membership form is attached. Share it with a friend. If you need to check on your membership status, please call Penny Goode, CFM at (979) 864-1295. TFMA TRAINING & CONFERENCES The Texas Floodplain Management Association has continued it's training partnership with TNRCC, FEMA, Texas Dept. of Public Safety -DEM, LCRA and now with the Texas Colorado River Floodplain Coalition to offer more training opportunities for floodplain managers in Texas. And now, we also announce our Annual Texas Flood Conference scheduled for May 15-18,2001 at Fredericksburg, Texas. This conference will offer additional training opportunities and will be a great opportunity for TFMA members to regroup and prepare for the next flood we all know will come again. Please see separate attachment for more information and pre-conference registration forms for the Annual Flood Conference. TFMA SCHEDULE OF EVENTS A new Floodplain Managers Training Calendar has been developed and will be placed on the TFMA web site -www.tfma.org. There are a number of training courses, conferences and workshops of interest to the floodplain manager and emergency management coordinators. Copies of the Calendar will be available at the annual conference. If you can not access the calendar through the web site and would like to receive a printed copy, please contact me and I will forward one to you. TFMA CERTIFIED FLOODPLAIN MANAGER PROGRAM As previously stated, the TFMA Certified Floodplain Manager Program has grown beyond our wildest dreams. As of February, 2001, we now have 304 Certified Floodplain Managers, of which, 52 are now Nationally Certified. What a success! And the program continues to grow with many more in the process of completing the application after successfully passing the exam. To become one of "The Few .... The Proud .... The Nationally Certified", you must be a member of the TFMA, must pass the Texas National CFM Exam, and have two years of professional experience. TFMA will wave one year of the experience requirement in recognition of special training or education. More details about the CFM Program will be found on the web site. TFMA NEWSLETTER TFMA has finally reached a point where we are getting out a quality newsletter on time. This is mostly due to Cathy Meek, our newsletter editor and other TFMA members who write articles or help with development. My special thanks to Cathy and all those who have responded to help TFMA publish a great newsletter. All members should be receiving copies in the mail, and the next one is due in April. TFMA WEBSITE The TFMA web site is now under reconstrnction and should be even better than before. Special thanks to Amy Cunningham, CFM for her great work in the initial development of the web site. Amy has left the profession and is staying at home with her children, so welcome Kevin Miller, CFM as the new TFMA Webmaster. Kevin, as most of you know, is the outgoing TFMA Chairman and he has volunteered to carry on his service to TFMA by managing our web site. I can't wait to see the new and improved web site. TFMA COMMITTEES A number of committees have now been formed and are currently working on behalf of TFMA to plan for the future and to continually improve our service to our members. If you are not on a committee and wish to serve TFMA, please contact Cathy Meek at (281) 565-0527. She can give you a list of committees with committee chairs and contacts. BLUE RIBBON COMMITTEE A number of the recommendations contained in the Blue Ribbon Committee report are now being drafted into legislation for submittal to the Texas Legislature. I have seen a draft of the bill which would modify the State of Texas Floodplain Enabling Legislation and make it possible for counties and general law cities to have equal enforcement provisions like Home Rule Municipalities. In addition, the legislation would allow political subdivisions the opportunity to go beyond FEMA minimum floodplain management criteria and would also allow the application of these additional management standards outside of the identified floodplain. The draft legislation also provides for the collection of fees. This important piece of legislation is something TFMA has long supported and the changes are drastically needed to help Texas communities deal with an ever increasing flood risk. As soon as this legislation receives a number and is filed, we will notify all TFMA members. You will be asked to contact your local representative and voice support for the bill. This is a major development and it deserves our fullest attention and unified support. As you can tell from the above comments, TFMA has indeed experienced a fantastic year and we are looking forward to an even better year. Only one thing is needed to make TFMA a success -YOU! Please renew your membership, help solicit new members and support the training and educational efforts of the association. If time allows, volunteer to work on the committees. We need a steady flow ofnew ideas and attitudes to face the challenge of "Growing and Improving TFMA" in the coming years. Together, the TFMA family can continue to strive to reduce the risk of flooding in our great state to save lives and property. I look forward to .seeing you at the annual conference, if not, then stay safe, healthy and employed till the next time we meet. Roy D. Sedwick, CFM TFMA Executive Director TEXAS FLOODPLAIN MANAGEMENT ASSOCIATION APPliCATION FOR MEMBERSHIP 2001 NAME: TITLE: EMPLOYER/AGENCY: ADDRESS: CITY: _______ STATE: ___ ZIP: WORK PHONE: EXT.: _________ FAX: HOME (OPT) ______ EMAIL: YEARS OF EXPERIENCE: MEMBERSHIP CLASS (Please Check One) 0 FULL MEMBERSHIP $30 0 STUDENT MEMBERSHIP $10 0 FEDERAL/STATE AGENCY 􀀤􀁏􀀧􀁾􀀠0 CORPORATE SPONSOR $150** (*Associate Memberships are decided on a case by case basis for Federal Agencies and do not include voting rights or Committee/Board prmJeges) ( .... NOTE: Corporate Sponsor Entitles Company/Agency to One Full Membersbip) Type of Membership (Check One): 0 New 0 Renewal Are you interested in serving as a Regional Yes NoDirector?: 0 0 Are you interested in becoming a member of 0 Yes 0 NoTFMA's Mutual Aid Training Force?: Certification: 0 Texas 0 National MAIL COMPLETED APPIlCATION AND MEMBERSHIP FEE BY MARCH 1, 2001 TO: Penny Goode, CFM TFMA Treasurer C Brazoria County 200 East Locust, Suite 8 Angleton, Texas 77515 (979) 864--1295 FAX (979)864.1003 TEXAS FLOODPLAIN MANAGEMENT ASSOCIATION MEMO TO: Members ofTexas Floodplain Management Association Local Elected Officials, City Managers, Floodplain Administrators, Emergency Management Coordinators, Building Officials, and others interested in Floodplain Management & Hazard Mitigation FROM: Roy D. Sedwick, CFM tJA TFMA Executive Director 1\.JfJ' SUBJECT: TFMA's 12th Annual Texas Flood Conference It is with great pleasure that I annOlmce on behalfofthe Texas Floodplain Management Association the scheduling ofTFMA's Annual Texas Flood Conference: Texas Floodplain Management Association's 12'· Annual Texas Flood Conference "PREPARE -RESPOND -RECOVER -MITIGATE" . May 15-18, 2001 Fredericksburg Inn & Suites Fredericksburg, Texas CONFERENCE LOCATION This years 􀁣􀁯􀁮􀁦􀁥􀁲􀁥􀁮􀁣􀁾􀀠will be held in beautiful Fredericksburg, Texas in the heart ofthe Texas Hill Country. Fredericksburg is a quaint, but bustling German community and is now one of the top tourist attractions for antiques, shopping, dining and wine tasting, and sampling good old fashion Tex/German hospitality. Bring your family and enjoy the beautiful hill country wildflowers. HOTEL RESERVATION INFORMATION Our Conference hotel is the beautiful Fredericksburg Inn & Suites located on U.S. Highway 87 South, just one block off of the Historic Main Slreet. This new property, on the banks of Town Creek, has a great conference facility and meeting room, a pool and hot tub, and offers a continental breakfast in an old renovated German Sunday House which has been incorporated into the hotel. We have negotiated a special room rate of$69.00 (plus 13% tax) for either a King or 2-Queen bedroom. To make your reservations, call the Fredericksburg Inn & Suites at 1-800-446-0202. When making reservations, you must identify that you are with the TFMA Texas Flood Conference to receive these special.rates. Ifyou are tax exempt, and wish to exercise this option, notify the hotel at time ofreservation and be prepared to present your tax exempt status certificate at check-in. The cut offdate for room reservations is May 1,2001. NOTE: You are responsible for making your hotel reservations and for the payment ofyour hotel expenses. SCHEDULE AND OTHER INFORMATION The main conference is scheduled to start on Wednesday, May 16,2001 at 1:00 PM and will conclude at Noon on Friday, May IS". In response to requests for additional training opportunities, TFMA has scheduled a special one-day workshop entitled "Managing Floodplain Development". The workshop will start on Tuesday, May 15,2001 at 1:00 pm and will close at 5:00 pm. It will continue the next morning from 8:00 am until 12:00 Noon. For more information, see Special Training below. Registration will begin at 11:30 am on Tuesday, May 15'h and conclude at start of the training workshop. Registration will begin again at 8:00 am Wednesday morning and conclude at the start ofthe main conference. SPECIAL TRAINING WORKSHOP To offer additional training opportunities, the Texas Flood Conference will feature an early bird 1day workshop with intensive instruction on how to manage floodplain development through the National Flood Insurance Program. This is not your typical Floodplain Management 101 course, instead it is a highly condensed version of FEMA's main 4 1!2-day training course "Managing Floodplain Development Through the NFIP". The instructor for the workshop is Diane Calhoun, CFM, a Floodplain Program Manager with Halff Associates, Inc. located in Fort Worth, Texas. Many ofyou know Diane, she is a long time member and supporter ofTFMA and spent over 30 years working with the NFIP under FEMA in Region VI. She is well qualified and always makes her workshops spirited and highly informative. You will receive a nice workshop notebook as part of the training, which will serve as a handy reference guide back home. To cover costs of the notebook and additional expenses, there is an extra fee of$35.00 for the early bird workshop. TFMA CERTIFIED FLOODPLAIN MANAGER EXAM At the conclusion ofthe conference, the Texas Floodplain Management Association will offer the Texas National Certification Exam for those interested in pursuing professional certification as a Nationally Accredited "Certified Floodplain Manager". The exam period will start at 12:30 p.m. on Friday, May IS and will conclude at 4:00 p.m. There is no fee to take the exam, however you must be a current member of TFMA ($30) and must pre-register for the exam. CONFERENCE AGENDA Tuesday -May 15,2001 11:30 am -1:00 pm CONFERENCE REGISTRATION 1:00 pm -5:00 pm EARLY BIRD TRAINING WORKSHOP "MANAGING FLOODPLAIN DEVELOPMENT" 8:00 pm -10:30 pm -ICE BREAKER SOCIAL Wednesday -May 16, 2001 8:00 am -1:00 pm CONFERENCE REGISTRATION 8:00 am -12:00 Noon-CONTINUATION OF EARLY BIRD WORKSHOP I :00 pm -5:00 pm TFMA TEXAS FLOOD CONFERENCE Welcome & Introductions Four Topical Presentations 5:30 pm -7:00 pm TFMA BOARD MEETING Thursday -May 17,2001 7:30 am -8:00 am CONFERENCE REGISTRATION 8:00 am -11:30 am TEXAS FLOOD CONFERENCE CONTINUES Four Topical Presentations 1l:30am-l:00pm -LUNCH -WITH SPECIAL GUEST SPEAKER 1 :00 pm -4:00 pm CONFERENCE CONTINUES Five Topical Presentations 4:00 pm -5:00 pm TFMA COMMITTEE MEETINGS 6:00 pm -10:00 pm -TFMA BANQUET TFMA Business Meeting Election of Officers Reports from Regional Directors & Committees Social Friday -May 18,2001 8:00 am -10:15 pm THREE CONCURRENT TRAINING SESSIONS W:30am-l1:30am -PANEL OF EXPERTS 12:30 pm -4:00 pm -TFMA TEXAS NATIONAL CFM EXAM PRE-REGISTRATION To help TFMA plan for this event, we have developed a Conference Pre-Registration Form to determine the number of persons attending and their preferences on attending the Early Bird workshop and taking the Texas National CFM Exam. Please complete the form and return to Roy D. Sedwick, CFM at Fax (512) 473-3539. When a completed form is received, those attending the conference will receive a Conference Registration Packet containing a Registration Form with payment offees, a map locator, a complete 􀁡􀁧􀁾􀁤􀁡and other information. REGISTRATION FEES TFMA is still fwalizing the costs ofcatering and other special functions, but for budget purposes you can estimate registration fees for the conference to range from $100 to $125 for TFMA members. There will be an addition fee of $35 per person if you wish to attend the Early Bird Training Workshop. There is no fee to take the TFMA CFM Exam, but you must be a member ofTFMA to take the exam. Membership is currently $30.00. Ifyou have any questions, please call Roy D. Sedwick, CFM at (512) 473-3200 x 2805. Questions about the agenda and conference program? Call Diane Calhoun, CFM at (817) 847-1422 x 130 Questions about your TFMA membership status? Call Penny Goode, CFM at (979) 864-1295 Questions about the TFMA Exam or TFMA CFM Program? Call Janine E. Ellington, NCFM at (830) 608-2090 DON'T DELAY! SEND IN YOUR PRE-REGISTRATION FORM TODAY TO RESERVE YOUR SEAT AT TmS mGHLY INFORMATIVE CONFERENCE. DRIVE SAFE & ARRIVE AUVE! ( j. TEXAS FLOODPLAIN MANAGEl\1ENT ASSOCIATION ANNUAL TEXAS FLOOD CONFERENCE ANDTRAINING WORKSHOP MAY 15-18, 2001 FREDERICKSBURG, TEXAS PRE-REGISTRATION FORM NAME: ________________________________________ __ TITLE: _________________________________________ EMPLOYER: _____________________________________ ADDRESS: _________________________________________ CITY: ___________________--', TEXAS ZIP: _____________ TELEPHONE: ( ) _______FAX:( )-----E-MAIL ADDRESS: __________________________ PLEASE INDICATE YOUR INTENTIONS: NO" I WILL NOT ATTEND THIS YEAR, BUT KEEP ME ON THE LIST FOR FUTURE TRAINING OPPORTUNITIES. YES" I WILL ATTEND THIS YEAR. PLEASE SEND A CONFERENCE REGISTRATION PACKET. PRE·CONFERENCE TRAINING SESSION· MAY 15-16,2001 "MANAGING FLOODPLAIN DEVELOPMENT". 8 HR. COURSE· $35.00 EXTRA FEE NO· I WILL NOT REGISTER FOR THE EXTRA TRAINING SESSION. YES· I WANT TO REGISTER FOR THE EXTRA TRAINING SESSION. TFMA TEXAS NAnONAL CERTIFICAnON EXAM • FRIDAY, MAY 18,2001 NO· I DO NOT PLAN ON TAKING THE EXAM. YES· I WISH TO PRE·REGISTER FOR THE EXAM. Please complete tbis form and fax to Roy D. Sedwick, clo LCRA at (512) 473·3539. If you wish, you may mail form to Roy D. Sedwick, CFM, Lower Colorado River Authority, P.O. Box 220, Austin, Texas 78767·0220. When a completed form is received, you will be mailed a Conference Registration Packet containing a locator map, conference agenda, a conference registration form with payment of fees, and other information. You must be a member of the TFMA before you can take the TFMA Texas National Certification Exam. Ifyou have any questions, please call Roy Sedwick at (512) 473-3200 x 2805. March 20,2001 To: Jim Pierce, Assistant Director of Public Works From: Steve Chutchian, Assistant City Engineer Cc: Mike Murphy, Director ofPublic Works Re: FEMA Correspondence, dated Febroary 23,2001 We have numerous copies offlood insurance maps, dated 1980 that have been distnouted to people upon request. In addition, we have a "preliminary" set ofmaps, with a date of July 30,1999 (as shown on the attachment). I cannot veruy that the 1999 version is the same as those mentioned in the Febroary 23, 2001 letter from FEMA. However, I believe that they are the same maps. New revisions will be sent to the Town ofAddison in midApril, and we will have only 5 days to review and comment on the latest version ofthe maps. Apparently, FEMA disallowed a map revision on Lot 2, The Wood Addition (14816 Winnwood Dr.). This is the only action that FEMA addresses in their correspondence. FEMA also recommends that we reconsider joining tbe National Flood Insurance Program (NFIP). At this time, we are not leaning toward joining the program. Recommendation: 1. Review the latest map revisions for accuracy within the allotted review period, and comment ifnecessary. 2. Obtain digital files and paper copies when the latest revisions go into effect (August 2001). 3. After the final revisions come out, initiate new discussions with staff and Town Council next mn regarding joining the NFIP. 􀁾􀁾􀀮􀀠Steve Chutchian , ZQNI1.X CITY OF DALLAS ' ·,480m' '-, ", \'> . ;" ; ...".' . 􀀢􀁾􀀺􀀠" ' ;," .' , , . -,; .' ',. ,... . . .....•', ,-;' ... .' 􀁾􀀠, ': ',' " ' . '\ NATIONAL ROOD INSURANCE pROGRAM FLOOD INSURANCE RATE MAP' DALLAa COUNTY, TEXAS ,AND , INCORPORATED AREAS 180 OF 125 ... (SEE MAi> INDEX FOR PANELS NOT PRINTED) 48KlEI$] D100 • -J A8Ole1 _ 0t90, J '. JULS',O 1999 ,', ' " ' " 􀁾􀀠. tn80 'J . 4S011􀀨􀀩􀁊􀁾􀀠-1 􀁛􀁾􀀠• LeO\:. 􀀱􀁾􀁾'v (VV . 􀁾􀁾􀀮􀁾CERTIFIED MAIL --'-􀀭􀀭􀁾􀁬􀁬􀀢REPLY R RETURN RECEIPT REQUESTED 19NP-N 􀁍􀀭􀁾􀁾􀁫􀀠February 23, 200 I . j 􀁾􀁾􀀤􀁏􀀠th-YiM? The Honorable R. Scott Wheeler Commumty:i.. • :.r. 􀁽􀁾􀁕Mayor, Town ofAddison Community 􀁾􀀠. . . P.O. Box 9010 Map Panels A'.' ....>.... ". ,'.: l:. '. . . Addison, TX 7500 i-90 10 Dear Mayor Wheeler: On September 7, 2000, the Federal Emergency Management Agency (FEMA) provided your community with revised Preliminary copies ofthe Flood Insorance Rate Map (FIRM) and Flood Insorance Study (FIS) report for Dallas County, Texas and Incorporated Areas for your review and comment. FEMA prepared the updated FIRM directly from the effective FIRMs for your community and other communities in Dallas County using a process that involves capturing data in a digital (computer-readable) format and plotting map panels using a , ,speCialized computer technology. The effective FIRMs identified the Special Flood Hazard Areas (SFHAs), areas that would be inundated by the flood having a I-percent chance of being equaled or exceeded in any given year (base flood), for your community and other communities in Dallas County. We have incorporated all essential information from the previously effective FIRMs, including Base Flood Elevations (BFEs). Several comments were submitted from various communities regarding the Preliminary and Revised Preliminary FIRMs. Therefore, our Map Coordination Contractor will send you a Proof Copy of the fInal FIRM in mid-April fur your review prior to the scheduled effective date ofAugust 23, 2001. The formal appeal period is over. Appeals have been resolved as appropriate and the new FIRMs are essentially fInalized. Only major floodplain delineation changes can be accepted at this time. Due to the time constraints involved, we will accept changes during a S-day review period following initial receipt of the Proof Copy FIRM. Approximately three weeks before the effective date, FEMA will send you the fmal printed copies ofthe FIRM and FIS report. , When the FIRM and FIS report are printed and distributed, your community will receive only those panels that present flood hazard information for your community. We will provide cOmplete sets of the FIRM panels to cOunty officials, whare they will be available for review by your community. Once the FIRM and FIS report are printed and distributed, the digital files containing the flood hazard data fur the entire county can be provided to your community for use in a computer mapping system. These files can be used in conjunction with other thematic data for floodplain management purposes, insurance purchase and rating requirements, and many other planning applications. Paper copies of the FIRM panels may be obtained by calling our Map Service Center, toll free, at 1-800-358-9616. Copies of the digital files may be obtained by calling our Map Assistance Center, toll free, at 1-877-FEMA MAP (1-877-336-336-2627). In addition, your community may be eligible for additional credits under our Community Rating System ifyou implement your activities using digital mapping fIles. To date, your community has not joined the National Flood Insurance Program (NFIP). As a result, the economic consequences of Sections 20 I(d) and 202 ofthe Flood Disaster Protection Act of 1973 (public 2 Law 93-234) may apply. Questions 9, 10, and 18 ofthe enclosed brochure, entitledAnswers to Questions About The National Flood Insurance Program, discuss those provisions ofthe 1973 Act. The FIRM provides the basis for actuarial premium rates for flood insurance policies. These rates reflect the degree ofexposure ofproperty to flood risks. Actuarial flood insurance rates will be charged for all new construction started in identified SFHAs after the effective date ofthe FIRM. The actuarial flood insurance rates wonld increase as the lowest elevations (including basement) ofnew structures decrease in relation to the BFEs established for your community. Conversely, building at a higher elevation can greatly reduce the cost of flood insurance. Hence, any structures not elevated above the established BFEs are exposed to greater flood hazard than ifthey were properly elevated. In the event that flood insurance becomes available in your community at some future date, the applicable premium rate for flood insurance for such new structures conld be prohibitivc. Because flood insurance is required for most types ofmortgages for homes located in the floodplain, the high flood insurance premiums would likely represent ahardship for those purchasing flood insurance. The 1973 Act requires that no Federal financial assistance, such as loans, grants, insurance, guarantees, or disaster assistance, for flood-caused damage will be available for acquisition or construction of buildings within SFHAs identified for a coormunity. In view ofthe above, your coormunity shonld consider adopting the minimum standards required to join the Regular Phase ofthe NFIP. The minimum standards that your comorunity must edopt in a legally enforceable document are contained in Paragraph 60.3(d) ofthe enclosed NFIP regulations (44 CFR 59, etc.). Because there are a number ofways to adopt the required floodplain management measures to join the NFIP, we urge you to contact the FEMA Regional Office, at the telephone number cited below, for assistance. assistance. To assist your community in maintaining the FIRM, we have enclosed a Summary ofMap Actions to document previous Letter ofMap Change (LOMe) actions (i.e., Letters ofMap Amendment, Letters ofMap Revision) that will be superseded when the revised FIRM panels referenced above become effective. Information on LOMCs is presented in the following four categories: (I) LOMCs for which results have been included on the revised FIRM panels; (2) LOMCs for which results could not be shown on the revised FIRM panels because of scale limitations or because the LOMC issued had determined that the lots or structures involved were outside the SFHA as shown on the FIRM; (3) LOMCs for which results have not been included on the revised FIRM panels because the flood hazard information on which the original determinations were based are being superseded by new flood hazard information; and (4) LOMCs issued for multiple lots or structures where the determination for one or more ofthe lots or structures cannot be revalidated through an administrative process like the LOMCs in Category 2 above. LOMCs in Category 2 will be revalidated through a single letter that reaffirms the validity of a previously issued LOMC; the letter will be sent to your community shortly before the effective date of the revised FIRM and will become effective I day after the revised FIRM becomes effective. For the LOMCs listed in Category 4, we will review the data previously submitted for the LOMA or LOMR request and issue a new determination for the affected properties after the revised FIRM becomes effective. FEMA makes flood insurance available in participating communities; in addition, we encourage communities to develop their own loss reduction and prevention programs. Through the Project Impact: Building Disaster Resistant Communities initiative, launched by FEMA in 1997, we seek to focus the energy ofbusmesses, citizens, and communities in the United States on the importance ofreducing their susceptibility to the impact ofall natural disasters, including floods, hurricanes, severe storms, earthquakes, and wildfires. Natural hazard mitigation is most effective when it is planned for and implemented at the local level, by the entities who are most knowledgeable oflocal conditions and whose economic stability and safety are at stake. For your infonnation, we are enclosing a copy of a pamphlet describing this nationwide initiative. For additional information onProject Impact, please visit our website at www.fema.gov/impact. 3 Because there are a number ofways your community may adopt the floodplain management measures required to join the NFIP, we urge you to call the Director, Mitigation Division ofFEMA in Denton, Texas, at (940) 898-5127 for assistance. Jfyou have any questions concerning mapping issues in general or the enclosed Summary of Map Actions, please call our Map Assistance Center, tdll free, at 1-877-FEMA MAP (1-877-336-2627). Sincerely, 􀀢􀀧􀁾􀁾􀀭􀀧􀁜􀀮􀁾􀀠Matthew B. Miller, P. E., Chief HazardS Study Branch Mitigation Directorate List ofEnclosurcs: "National Flood Insurance Program Elevation Certificate and Instructions" "Frequently Asked Questions Regarding the Effect That Revised Flood Hazards Have on Existing Structures" "Lowest Floor Elevatioll Certifications for Flood Insurance Post Flood Insurance Rate Map Construction" "Use of Flood Insurance Study (FIS) Data as Available Data" "National Flood Insurance Program Regulations" "Project Impact: Building A Disaster Resistant Community" "Answers to Questions About the National Flood Insurance Program" "Summary ofMap Actions" cc: Community Map Repository Mr. John Baumgartner Floodplain Administrator Town ofAddison SOMA-2 FINAL SUMMARY OF MAP ACfIONS Community: ADDISON, TOWN OF Community No.: 481089 To assist your community in maintaining the Flood Insurance Rate Map (F1RM),we have summarized below the previous Letter ofMap Change (LOMC) actions (i.e., Letters ofMap Revision (LOMRs) and L.etters of Map Ammendment (LOMAs» that will be affected when the revise FIRM becomes effective on 0812312001. 1. LOMRs and LOMAs Incorporated The modifications effected by the LOMRs and LOMAs listed below will be reflected on the revised FIRM. Ho'l'vllVer, these LOMRs and LOMAs will remain in effect until the revised FIRM becomes effective. LOHC case 110 • Date I:BBued Projeot Identifier Old Panel He", Panel . 2. LOMRs and LOMAs Not Incorporated The modifications effected by the LOMRs and LOMAs listed below will not be reflected on the revised FIRM because ofscale limitations or because the LOMR or LOMA issued had determined that the lot(s) or structure(s) involved were outside the Special Flood Hazard Area, as shown on the FIRM. These LOMRs and LOMAs will remain in effect until the revised FIRM becomes effective. These LOMRs and LOMAs will be revalidated free ofcharge I day after the revised FIRM becomes effective through a single letter that reaffirms the validity ofthe previous LOMC. Dat. Old Haw LOHC Case No. Issued Project Identifier 􀁐􀁡􀁄􀀮􀁾􀀠Panel ,. LOMR·F 98-06-1948A 03125/1999 THEVI!OODS, LOT 2 -1..a16W1NNWOOORD. 48108900300 48113C0185J 3. LOMRs and LOMAs Superseded The modifications effected by the LOMRs and LOMAs listed below will not be reflected on the final revised FIRM because they are being superseded by new detailed flood hazard information or the information available was not sufficient to make a determination. The reason each is being superseded is noted below. These LOMRs and LOMAs will no longer be in effect when the revised FIRM becomes effective. 02120/01 Pag.10f2 SOMA-2 FINAL SUMMARY OF MAP ACTIONS Community: ADDISON, TOWN OF Community No.: 481089 Reason Dater.minat1onDate Will Be SupersededLOMe Case No .. 􀁰􀁲􀁯􀁪􀁥􀁡􀁾􀀠􀁉􀁤􀁥􀁮􀁾􀁩􀁦􀁩􀀮􀁲lasueci NO CASES RECORDED 1. Insufficient information available to make a determirullion. 2. Lowest Adjru:ent Grade and Lowest Finished Floor are below Ibe proposed Base Flood Elevation. 3. Lowest Ground Elevation is below the proposed Base Flood Elevation •. 4. Revised hydrologic and hydraulic analyses. 5. Revised topographic infonnation. 4. LOMRs and LOMAs To Be Redetermined The LOMCs in 􀁃􀁡􀁴􀁥􀁾􀁏􀁬􀀺􀁹􀀠2 above will be revalidated through a single letter that reaffIrms the validity ofthe determination illthe previousLy issued LOMC. For LOMCs issued for mUltiple lots or structures where the determination for one or more of the lots or structures has changed, the LOMC cannot be revalidated through this administrative process. We will review the data previously submitted for the LOMR or LOMA requests listed below and issue a new determination for the affected properties after the effective date ofthe revised FIRM. LOMe Casa 􀁾􀁯􀀮􀀠Data 􀁰􀁲􀁯􀁪􀀮􀁡􀁾􀀠Identifier Old Panel Naw Panel I.sued NO CASES RECORDED 02120101 Page 20'2 PUBLIC WORKS DEPARTMENT (972) 450-2871 Post Office Box 9010 Addison. Texas 75001-9010 16801 Westgrove January 24, 2001 Mr. David Hiegel Mitigation Division Federal Emergency Management Agency 800 North Loop 288 Denton, Texas 76201-3698 Re: National Flood Insurance Program Town ofAddison Ordinance No. 001-005 Dear Mr. Hiegel: In accordance with the requirements set forth in House Bill No. 1018, the Town of Addison has worked with your office to develop an ordinance that is necessary for our municipality to be eligible to participate in the National Flood Insurance PrOgranl. Attached for your review are the following documents: a. Town ofAddison Ordinance No. 00I -005, which amends Chapter 42 of our existing Code ofOrdinances in order to ensure eligibility for participation in the National Flood Insurance Program. b. A letter from the City Secretary ofthe Town ofAddison certifYing that the attached copy ofOrdinance No. 001-005 is a true and correct copy, and was passed on January 9th, 2001. It is the intention ofthe Town ofAddison to comply with the stated reqnirements of House Bill No. 1018. However, our municipality is not prepared at this time to adopt a resolution that is necessary for entrance into the National Flood Insurance Program. The Town ofAddison respectfully requests your consideration and formal concurrence with this submitted ordinance. Should you have any questions, please call me at 972450-2886. Sincerely, 􀀭􀀭􀁾􀀱􀁾􀀠Steven Z. Chufchian, P.E. Assistant City Engineer Cc: Chris Terry, Assistant City Manager Mike Murphy, Director ofPublic Works Jim Pierce, Assistance Director ofPublic Works I I I (972) 450-7000 Post Office Box 9010 Addison, Texas 75001·9010 5300 Belt Line Rood FAX (972) 450-7043 TO WHOM IT MAY CONCERN Please be advised that the attached document is a true and correct copy of Ordinance No. 001-005, duly passed by the Addison City Council on the 9th day of January, 2001. Duly certified by Carmen Moran, City Secretary for the Town of Addison on the 22nd day of January, 2001. ATTEST: .' l ' SEAL Federal Emergency Management Agency Region VI Federal Regional Center 800 North Loop 288 Denton, TX 76201-3698 Instructions For Making Application To Participate In The National Flood Insurance Program o Complete the attached FEMA Form 81-64, Application for Participating in the National Flood Insurance Program, o Adopt and certifY to enact and enforce a floodplain management program that is consistent with the criteria set forth in Section 60 ofthe National Flood Insurance Program Regulations, Sample Resolution in accordance with Section 59.21 is attached. o Adopt and certifY a legal and enforceable Ordinance or Court Order which meets or exceeds the minimum standard criteria as stated in Section 60.3 ofthe National Flood Insurance Program Regulations. The attached sample ordinance may be adopted verbatim to satisfY this requirement. o Mail Original and One Copy (both certified) OfThe Completed Documents To : . 􀁱􀀧􀁦􀀧􀁬􀁁􀁾􀀠Or; Ms. 8111ui Bland '!>o DAVlj) Ifl Gcr r::: L .94' Natural Hazards Program Specialist !J Mitigation Division Federal Emergency Management Agency 800 North Loop 288 Denton, Texas 76201-3698 o Maintain one copy ofthe completed application, resolution, and ordinance for your records. sCfI. ...... II(f-tO) FAX TRANSMITTAL T. R.B. No. 1018 ANACf relating to participation ofcine.-; and counties in the National Flood Insurance Program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SEcrlON 1. Subchapter I, Chapter 16, Water Code, is amended by adding Section 16.3145 to read as follows: See. 16.3145. NATIONAl-FLOOD INSURANCE PROGRAM ORDERS OR ORDINANCES. The governing body of each cit'll and county shall adopt ordinances or orden, as lIPProwiate, necesslIIJ" for the cit'll or county to be eligible to participate in !he NatiOll!li Flood Tnsurance Program. SECTION 2. The governing body ofeach city and county shall adopt ordinances or orders, as appropriate, necessBlY for the city or county to be eligible 10 participate inthe National Flood Insurance Progrnm as required by Section 16.3145, Water Code. as added by this Act, not later than lanuBlY 1, 200t SECfION 3. The importance of this legislation and the crowded condition ofthe calendars: in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills 10 be read on three several days in each bouse be suspended, and this rule is hereby su.spended, and that this Act take effect and be in force from aM after its passage, and it is so enacted. . President ofthe Senate Speaker ofthe House . t I certify thet RB. No. 1018 was passed by the House on April?, 1999. by a non-record 􀁶􀁯􀁾􀀮􀀠\ 1 Chief Clerk ofthe House I certify that RB. No. 1018 was passed by the Senate on May 24, 1999, by the following vote: Yeas 30, Nays O. Seeretary of the Senate APPROVED: 􀁟􀁾_____ Date Qovemor HP LaserJet 3100 SEND CONFIRMATION REPORT for Printer/Fax/Copier/Scanner TOWN OF ADDISON 9724502837 Nov·17·00 11:23AM ! 'Job Start Time Usage Phone Number or ID Type Pages Mode Status 586 11/17 11 :22AM 0'49' Cowles & Thompson Send .............. 2/2 EC144 Completed ........................................ Total 0'49" Pages Sent: 2 Pages Pr1nted: 0 TOWN OF ADDIsoN PUBUCWoRKS Dat"_1./t.;.I-,-,'c..71...-"';Cl::;.O=-__ 16801 w .. tgrov< P.O.Box9OIO #Of POI" (lDcludlDg cover),--2:=: AddisoD. TX 75001·9010 􀁾􀀮􀀺􀀠Aiaitorld ADod M9,{ rtlJrc e f1rtrN »t o Origilul141llall Cl PerYlIlJrnqiltst 􀁾􀀠OCalJme c.""',,", 4rt. u& II B . M, IDU.. /I.e. 􀁾'f'4c 􀁾􀀩I-.v.z:: .' "Memo", December 14,2000 To: Mike Mmphy, Director ofPubjic Works From: Steve Chutchian, Assistant City Engineer Cc: Jim Pierce, Assistant Director ofPublic Works Jim Wilson. Project Manager Re: National Flood Insurance Program .;,. TN./l.C.C. Contact Person: Mr. James Mirabal Water Quality Division. FloodpJam Management T.N.R.C.C. -1-512-239-4771 Q: What happens to the Town ofAddison ifit does not participate in the National Flood, Insurance Program (NFlP)? Response: House Bill No. 1018 did not provide any means ofenforcement or penalties for fiilling to enter the program. The State ofTexas Attorney General has been contacted by the TNRCC regarding this issue. No determination or course ofaction against dissenting municipalities has been established to date. It is the intent ofthe bill to direct each city toward joining the program. Q: What level ofseverity must be reached in order for a municipality or county to be eligible for disaster relief funds? ' Response: At this time, no criteria exist for determining when a region will be declared a disaster area. Each event is currently considered individually. (i.e., a tornado recently destroyed a large portion ofthe City ofJarrel, Texas. Unfortunately, the area was not eligible for disaster relief because it was determined that the tornado carried offmost of the damaged materiiu and the resulting clean up was minimal Loss oflife is not' considered in disaster relief determinations. The need for legislation is being considered, at this time, which will change the format for declaring a region eligible for disaster relief. Under a possible scenario, a level of$3-$5 per capita in the municipality or region' must be reached in order to be considered. Q: What 􀁾􀁰􀁾􀁮􀁳to the citizens and property owners ifthe Town ofAddison does Dot participate in the NFIP? . Response: Ifthe Town ofAddison is included in the NFIP. property owners located in floodplain areas. are eligiDle for Federal Disaster ReliefFunds. as Iiresult oftornados, flooding. etc. In addition. properties may be covered by flood insuraJice. resulting from other drainage related events. such as water main breaks and construction. etc. Mr. Mirabal stated that approximately 40% ofall claims are the result offlooding from water main systems. He also stated that ifthe Town ofAddison does not participate in the NFIP. property owners Would Dot be eligiDle to obtain flood insurance orreceive diSaster relieffunds. 􀁾􀀺􀀠.' Steve Cbutchian T. E"C ""'" DAIIII) NOV 16 '00 03'56PM PTE DIVISION 'lFlOON.... RllU' •• (7-90) _--=-__?;.--P.Vl . 'FAX TRANSMITTAl-."'!'IS.... ON t:·', H.B. No. 1018 ANACf relating to participation ofcities and coUIllies in the National Flood InsuIance Progxam. BE IT ENACFED BY TIlE LBGISLAlURE OF TIlE STATEOP TEXAS: .SECTION 1. Subchapter1. Chapter 16. Water CQde, is amended by adding Section 16.3145 to read as follows: See. ]6.3145. NATIONAL FLOOD INSURANCE PROGRAM ORDERS OR OR.DINANCES. The wwninfbody creach city and eounty shall adopt onliP"PQIIs Of orders. as appropriate. necessary for the city or county to be eligible to na!!icipate in the National Flood 1Murailce Program. .' SECTION 2. The governing body ofeach city and county shall adopt ordinances or orders, as appropriate, necessaty for the city or county to be eligible to participate in the National Flood JDsurance Program as requited by Section 16.3145, Water Code, as added bythis Act, not later than January 1, 2001. . SECTION 3. The imPOrtance ofthis legislation and the crowded condition ofthe calendars in both houses create an emergency and an imperative public necessity fuat the constitutional :rule requiring bills to be read on three several. days in each house be suspended, and this role is hereby suspended, and that this Act Illk:e effect and be in force from and after its passage, and itis so· enacted. President ofthe Senate Speaker ofthe House I certify that H.B. No. lOll! was passed by the House on April 1, 1999, by a non-record vote. ChiefClerk ofthe House I certify that H.B. No. 1018 was passed by the Senate on May 24. 1999. by the following vote: Yeas 30, Nays O. Secretary ofthe Senate APPROVED: _______ Date Governor " ··Memo··. December 14,2000 To: Mike Murphy, Director ofPubJic Works From: Steve Chutchian, Assistant City Engineer Cc: Jim Pierce, Assistant Director ofPublic Works Jim Wilson, Project Manager . Re: National Flood Insurance Program ". .'. T.N.R.C.C. Contact Person: Mr. James Mirabal Water Quality Division, Floodplain Management T.N.R.C.C. -1-512-239-4771 Q: What happens to the Town ofAddison ifit does not participate in the National Flood Insurance Program (NFlP)? Response: Howe Bill No. 1018 did not provide any means ofenforcement or penalties for fulling to enter the program. The State ofTexas Attorney General has been contacted by the TNRCC regarding this issue. No determination or course ofaction against dissenting municipalities has been established to date. It is the intent ofthe bill to direct each city toward joining the program. Q: What level ofseverity must lie reached in order for a municipality or county to be e1igtble for disaster relieffunds? . Response: At this time, no criteria exist for determining when a region will be declared a disaster area. Each event is currently considered individually. (Le., a tornado recently destroyed a large portion ofthe City ofJarre1, Texas. Unfortunately, the area was not eligible for disaster relief because it was determined that the tornado carried off most of the damaged materiiu and the resulting clean up was minimal Loss oflife is not· considered in disaster relief determinations. The need for legislation is being considered. at this time, which will change the format for declaring a region eligIble for disaster relief. Under a possible sCenario, a level of$3-$5 per capita in the municipality or region· must be reached in order to be considered. Q: 􀁾􀁦􀁵􀁱􀀬􀁾tothe citizens and property owners ifthe Town ofAddison does not participate in the NFIP? . .. Response: Ifthe Town ofAddison is included in the NFIP, property owners 10cate4 in floodplain areas are eligIble for Federal Disaster Relief Funds, as Ii result oftornados, flooding, etc. In addition, properties may be covered by flood insurance. resulting from other drainage related events, such as water main breaks and construction, etc. Mr. Mirabal stated that approximately 40% ofall claims are the result offlooding from water main systems. He also stated that ifthe Town ofAddison does not participate inthe NFIP. property owners would not be e1igIble to obtain flood insurance orreceive diSaster relieffunds. ;: " Steve Chutcbian NOV 16 '00 􀀰􀁾􀁪􀀺􀀵􀀶􀁐􀁍􀀠PTE DIVISION o...o..... FDIIM,.[I'-IO) 􀀮􀀭􀀭􀀭􀀭􀁾..􀁾,;:::0, FAX TRANSMITTAL .,,_.. O'V t; ." RB. No. 1018 T. """" DAVID ANAcr relating to participation ofcities and counties in the National Flood Insuxance Progtam. BE IT ENACFED BY TIlE LEGISLATURE OF THE STATE OF TEXAS: ,SECTION 1. Subchapter I, Chapter 16, Water Code, is amended by adding Section 16.3145 to read as follows: , Sec. 16.3145. NATIONAJ,.FLOOD lNSURANCEPROORAM ORDERS OR , ORDINANCES, The gpyemjng b!!!!v ofeach city and county shall adapt oriljnan.;;es Of orders, as appropriate. necessmy fur the city or county to be eligjb1e to narticipate in the National Flood Tnswai1ce Program. ,. • SECTION 2. The goveming body ofeach city and county shall adopt ordinances or orders, as appropriate, necessary for the city or county to be eligible to participate in the National Flood Ins=ce Program as requited by Section 16.3145, Water Code, as added by'this Act. not later than JanuaIy 1, 2001. ' SECTION 3. The imponailce ofthis ofthis legislation and the crowded condition ofthe calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is,hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so' enatlteO. President ofthe Senate Speaker of the House 1certifY thatH.B. No. 1018 was passed by the House on April 7, 1999, by anon-reoot'd vote. ChiefClerk ofthe House I eerti.fy that RB. No. 1018 was passed by the Senate on May 24,1999. byfhe following vote: Yeas 30,Nays O. SectetaIy ofthe Senate APPROVED: _--=-_____ Date Governor .' . Memo·; December 14,2000 To: Mike Murphy. Director ofPubjic Works From: Steve Chutchian, Assistant City Engineer Cc: Jim Pierce, Assistant Director ofPublic Works Jim Wilson, Project Manager . Re: National Flood Insurance Program .. '" T.N.RC.C. Contact Person: Mr. James Mirabal Water Quality Division, Floodplain Management T.N.RC.C. -1-512-239-4771 Q: What happens to the Town ofAddison ifit does Dot participate in the National Flood Insurance Program (NFIP)? Response: House Bill No. 1018 did not provide any means ofenforcement Ot penalties f9t fiilling to enter the program. The State ofTexas Attorney General has been contacted by the TNRCC regarding this issue. No determination or course ofaction against dissenting municipalities has been established to date. It is the intent ofthe bill to direct each city toward joining the program. Q: What level ofseverity must be reached in order for a municipality or countY to be eligible for disaster relief funds? . Response: At this time, no criteria exist for determining when a region will be declared a disaster area. Each event is currently considered individually. (i.e., a tornado recently destroyed a large portion ofthe City ofJarrel. Texas. Unfortunately, the area was not eligible for disaster relief because it was determined that the tornado carried off most of the damaged matenat and the resulting clean up was roimmal, Loss oflife is not· . considered in disaster relief determinations. The need for legislation is being considered. at this time, which will change the format for declaring a region eligible for disaster relief. Under a possible SCenario, a level of$3-$5 per capita in the municipality or region· must be reached in order to be considered. Q: What 􀁨􀁡􀁰􀁾to the citizens 2nd property owners ifthe Town ofAddison does Dot pat:ticipate in the NFIP? Response: Ifthe Town ofAddison is included in the NFIP, property owners located in floodplain areas are eligible for Federal Disaster Relief Funds, as Ii resuh oftomados, flooding, etc. In addition. properties may be covered by flood insuratice, resulting from other drainage related events, such as water main breaks.and construction. etc. Mr. Mirabal stated that approximately 400/0 ofall claims are the resuh offlooding from water main systems. He also stated that ifthe Town ofAddison does not participate in the NFIP, property owners would llot be eligible to obtain flood insuraiJ.ce orreceive disaster relieffunds. .<" -.' Steve Chutchian NOV 16 '121121 1213'56f'M PTE DIYISION ()l"01ONAL FOAM" (1...., .----"',,:_T,2:"'" "' FAX TRANSMITTAl-...1"\1.... OIV t; .' T. E"( Fmm DAVID RD. No. 1018 ANACf relating to participation of cities and counrl.es in the National Flood Insurance Program. BE IT ENACTED BY mE LEOISLA.TlIRE OF mE STATE OF TEXAS: "SECTION 1. Subchaptcr 1, Chapter 16. Water Code, is amended by adding Section 16.3145 to read as follows: Sec. 16.3145. NATIONAL FLOOD INSURANCB PROGRAM ORDERS OR ORDINANCES. The governing body oreach city and county shall adopt ordinances or orders. as appropriate. necess;uy for tbe city or county to be eligt'ble to participate in the National Flood Tn!!!!raIice frogram. , , SECTION 2. 'The govemmg body ofeach city and county shall adopt ordinances or orders, as appropriate. necessBlj' for the city or county to be eligible to participate in the National Flood Insurance Program as requiied by Section 16.3145, Water Code, as added bythis Act. not later than ]anuBlj' I, 2001. " . SECTION 3. The importance ofthis legislation and the crowded condition ofthe calendars in both houses create an emergency and an imperative public necessity thet the CODSti:tu.tional rule requitblg bills to bo read on three several days in each bouse be suspended, and this rule is"hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so " enacted. President ofthe Senate Speaker ofthe House 1certify that H.B. No. 1018 was passed by theHouso on April 7, 1999, by anon-record vote. CbiefCierk ofthe House I certify that ltD. No. 1018 was passed by the Senate on May 24, 1999, by the following vote; Yeas :;0, Nays O. Seo.retBlj' ofthe Senate APPROVED: ____􀁾􀀭􀀭􀀭􀀭􀀭􀀭Date" Govemor --Memo December 14,2000 To: Mike Murphy, Director ofPublic Works From: Steve Chutchian, Assistant City Engineer Cc: Jim Pierce, Assistant Director ofPublic Works Jim Wilson, Project Manager Re: National Flood Insurance Program T.N.R.C.C. Contact Person: :Mr. James Mirabal Water Quality Division, Floodplain Management T.N.R.C.C. -1-512-239-4771 Q: What happens to the Town ofAddison ifit does Dot participate in the National Flood Insurance Program (NFIP)? Response: House Bill No. 1018 did not provide any means ofenforcement or penalties fur:fuiJing to enter the program The State ofTexas Attorney General has been contacted by the TNRCC regarding this issue. No determination or course ofaction against dissenting municipalities has been established to date. It is the intent ofthe bill to direct each city toward joining the program Q: What level ofseverity must be reached in order for a municipality or county to be eligt'ble for disaster relief funds? . Response: At this time, no criteria exist for determining when a region will be declared a disaster area. Each event is currently considered individually. (i.e., a tornado recently destroyed a large portion ofthe City ofJarre). Texas. Unfortunately, the area was not eligt'ble for disaster relief because it was determined that the tornado carried off most of the damaged material and the resulting clean up was minimal Loss oflifu is not· considered in disaster relief determinations. The need for legislation is being considered. at this time, which will change the furmat for declaring a region eligt'ble for disaster relief. Under a possible sCenario, a level of$3-$5 per capita in the municipality or region must be reached in order to be considered. Q: What happens to the citizens and property owners ifthe Town ofAddison does not participate in the NFIP? Response: Ifthe Town ofAddison is included in the NFIP, property owners located in floodplain areas are eligible for Federal Disaster Relief Funds, as a result oftornados, flooding, etc. In addition, properties may be covered by flood insurance, resulting from other drainage related events, such as water main breaks and construction, etc. Mr. Mirabal stated that approximately 40% ofall claims are the result offlooding from water main systems. He also stated that ifthe Town ofAddison does not participate inthe NFIP, property owners would not be eligible to obtain flood insurai:lce or receive di.saster relief funds. Steve Chutchian NOV 16 '00 133: 56PM PTE DIVISION -R.B. No. 1018 a_HAl.FOA"';. (1.. , "".... ON t:: T. FJ.\)( TRANSMITTAl-ANAc:f relating to participation ofcities and coUlllies in the National Flood J:nsunmce Program. BE IT ENACTED BY THE LEGISLATURE OF TIiE STATE OF TEXAS: SECTION 1. Subchapter I, Chapter 16. Water Code, is amanded by addillg Section 16.3145 to read as follows: Sec. 16.3145, NATIONAL FLOOD INSURANCE PROGRAM ORDERS OR, ORDINANQ'S, The 􀁾􀁶􀁥􀁭􀁩􀁮􀁧body oresch cw and county shall adom ordinances or orders. as UlPropriate, necessary for the city or county to be eligible to narticipate in the National Flood T.nsUIaitce Program, 􀁾􀀠SECTION 2. The governing body ofeach city and county shall adopt orclina!lccs or orders, as appropriate, necessaxy for the city or county 10 be eligible to participate in the National Flood Insurance Program as required by Section 16,3145, Water Code, as added by this Act, not later than la:nuaxy 1, 2001. . SECTION 3. The impOItallce ofthis legislation and the crowded condition ofthe calendars in both houses create an emergency and an imperstive public necessity that the constitutional rule requiring bills to bc read OIl three several days in each hOllse be suspended, and this rule is hereby SUSpended, and that this Act take effect and be in force from and after its passage, and it is so enacted. President ofthe Senate Speaker ofthe House J certifY that RB. No. 1018 was passed by the House on April 7. 1999, by a non-record vote. ChiefClerk ofthe House I certifY that RB. No. 1018 was passed by the Senate on May 24,1999. by the following vote: Yeas 30, Nays O. Secretary ofthe Senate APPROVED: ______________ Date Govemor December 15, 2000 MEMORANDUM To: Mike Murphy, P.E., Director of Public Works From: Jim Pierce, P.E., Assistant Public Works Director Subject: National Flood Insurance Program (NFIP) I recently spoke with John Baumgartner to try to understand the history of why the Town ofAddison had·never joined the NFIP. John's recollection was the "development community" saw the NFIP as possibly infringing on their rights to build in flood plains and they did not want a federal program interfering, slowing down, or causing more paperwork. The development community lobbied the mayor at that time not to join the program for those reasons. John commented that now that the Town of Addison is almost completely developed, there should not be any reason not to join. December 15, 2000 MEMORANDUM To: Mike Murphy, P.E., Director of Public Works From: Jim Pierce, P.E., Assistant Public Works Director Subject: National Flood Insurance Program (NFIP) I recently spoke with John Baumgartner to try to understand the history of why the Town of Addison had never joined the NFIP. John's recollection was the "development community" saw the NFIP as possibly infringing on their rights to build in flood plains and they did not want a federal program interfering, slowing down, or causing more paperwork. The development community lobbied the mayor at that time not to join the program for those reasons. John commented that now that the Town of Addison is almost completely developed, there should not be any reason not to join. I STEVEN Z. CHUTCHIAN, P.E. Assistant City Engin ....uW· (972) 450-2886 (972) 450·2837 FAX (214) 673·2518 Mobile schutchian@ci.addison.lx.us E·mail Town ofAddison 16801 Westgrove Dr. P.O. Box 9010, Addison, Texas 75001-9010 APPUCAllON FOGl 􀁐􀁁􀁒􀁔􀁬􀀻􀁾􀁉􀁐􀁪􀁭􀀨􀀩􀁎􀀠􀁎􀁁􀀧􀁮􀁏􀁉􀁾􀁁􀁌􀁆􀁌􀁏􀁏􀁄􀀠See the reverse for Paperwork Burden DiJcJosiJre Notice O.M.B. NO.3067-()020 ExplresDecem/)er31,1995 L APPLICATiON (City, town, COUNTY•STATE 2. COMMUNITY OffiCIAL AND OFFICE OR AGENCY WITH OVERALL RESPONSIBILITY ADDRESS (Street or box no., city, state. zjp 􀁣􀁾􀀩􀀠TELEPHONE NO. (Include area code) 3, PROGRAM COORDINATOR (Official, ifdifferent from above. with overall responsiblity for implementingprogram) TELEPHONE NO. (lnchid. area code) ADDRESS (Street or boxno.. city, .state, zip code) 4. FIRST FLOOR ELEVAnON INFORMATION WILL BE RECORDED BY, ADDRESS (Street or box no., city. state, zip code) S. LOCATION OF COMMUNlTY REPOSITORY FOR PUBLIC INSPECTION OF FIA MAPS ADDRESS 1(76'01 wBTI{j2V'?-{; PfClt-E. p. &, (joX 'iN0 /tf?P/.fOIV YEX 7S?Df -'110 TELEPHONE NO. (Include area code) 6. ESTIMATES FOR ONLY THOSE AREAS SU8JECTTO FLOOD AND/OR MUDSLIDE AS KNOWN AT THE TIME OF APPLICAliON AREA POPULATION NO.OF 1·4 FAMILY STRUCTURES 7. ESTiMATES OF TOTALS IN ENTIRE COMMUNITY POPULATION NO.OF '·4 FAMILY STRUCTURES NO. OF SMALL BUSINESS STRUCTURES NO OF SMALL BUSINESS STRUCTURES NO.OFALL OTHER STRUCTURES NO. Of ALL OTHER STRUCTURES FEMA Form 81-64. MAR 93 "",'lAC.' AlLPkl 􀁖􀀡􀁕􀁕􀁾􀀠I.: ()I J luN',) October 23, 2000 To: Ken Dippel, City Attorney . From: Steve Chutchian, Assistant City Engineer Re: Participation in the National Flood Insurance Program (NFIP) of the Federal Emergency Management Agency (FEMA) Public Works Bepartment staffhas been in contact with the Denton office ofFEMA, regarding inclusion ofthe Town ofAddison in the NFIP. We have been alerted that the deadline for a municipality to obtain entrance into the program is January 1,2001. $everal issues pertain to the Town's decision to enter the program, including: a. Citizens ofthe community, involving residential and commercial properties, may obtain flood hazard insurance only ifthe Town ofAddison is in the NFIP. b. Ifan individual desires to build in the I OO-year floodplain and utilize FHA or V A funds, flood hazard insurance is required. c. Ifa structure is damaged in a flood prone area; and federal funds are requested for restoration, the property owner must have flood hazard insurance. d. The Attorney General's office will be notified ofany municipality that did not enter the NFIP, after January 1,2001. Representatives ofthe Denton office of FEMA are uncertain as to specific action that will be taken against the Town for non-participation. Consequently, draft copies ofa necessary Flood Damage Prevention Ordinance and Resolution have been modified to reference the Town ofAddison, and are attached for your review and comments. Your assistance in finalizing these documents for placement on the Council agenda in November, 2000 is appreciated. Steve Chutchian, P.E. Assistant City Engineer Cc: Mike Murphy, Director ofPublic Works Jim Pierce, Assistant Director ofPublic Works RESOLUTION WHEREAS, certain areas ofAddison, Texas, are subject to periodic flooding, causing serious damages to properties within these area; and WHEREAS, it is the intent ofthis Council to require the recognition and evaluation of flood hazards in all official actions relating to land use in areas having these hazards; and WHEREAS, this body has the legal authority to adopt land use and control measures to reduce future flood losses pursuantto VTCS, Sections 16.315 through 16.318. NOW, THEREFORE, BE IT RESOL YED, that this Council hereby: . 1. Assures the Federal Emergency Management Agency that it will enact as necessary, and maintain in force, in these areas having flood hazards, adequate land use and control measures with effective enforcement provisions consistent with the criteria set forth in Section 60 of the National Flood Insurance Program regulations; and 2. Vests the Town ofAddison, Texas with the responsibility, authority and means to: (a) Assist the Administrator, at his/her request, in the delineation ofthe limits ofthe area having special flood hazards. (b) Provide such information concerning present uses and occupancy ofthe floodplain, mudslide (i.e., mudflow) or flood-related erosion areas as the Administrator may request. (c) Maintain for public inspection and furnish upon request, for the determination of applicable flood insurance risk premium rates within all areas having special flood hazards identified on a Flood Hazard BoundaIy Map (FHBM) or Flood Insurance Rate Map (FIRM), any certificates of floodproofmg, and information on the elevation (in relation to mean sea level) of the level of the lowest floor (including basement) ofall new construction or substantially improved structures, and include whether or not such structures contain a basement, and if the structure has been floodproofed, the elevation (in relation to mean sea level) to which the structure was floodproofed. (d) Cooperate with Federal, State and local agencies and private firms which undertake to study, survey, map and and identify floodplain, mudslide (i.e., . mudflow) or flood-related erosion areas, and cooperate with neighboring communities with respect to management of adjoining floodplain, mud slide (Le., mudflow) and/or flood-related erosion areas in order to prevent aggravation ofexisting hazards. (e) Upon occurrence, notifY the Administrator in writing whenever the boundaries ofthe community have been modified by annexation or the communityhas otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that all FHBM's and FIRM's accurately represent the community's boundaries, include within such notification a copy ofa map of the community suitable fur reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority. (f) Submit an annual report to the Administrator concerning the community's participation in the Program, including, but not limited to the development and implementation offloodplain management measures. 3. Appoints the Director of Public Works with the responsibility, authority, and means to implement the commitments as outlined in this resolution. 4. Agrees to take such other official action as may be reasonably necessary to cany out the objectives ofthe adopted floodplain management measures. APPROVED: DATE PASSED: CERTIFICATION I, the 􀁵􀁮􀁤􀁥􀁲􀁳􀁩􀁧􀁮􀁥􀁤􀀬􀁟􀁾􀀮􀀮􀁟􀀠, do hereby certifY that the above is a true and correct copy of a Resolution duly passed by the Town of Addison, at a regular meeting duly convened on _____􀀮􀁾_____􀁾__ Secretary 60.3(d) '.'., FLOOD DAMAGE PREVENTION ORDINANCE ARTICLE I STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS SECTION A. STATUTORY AIJTHOBlZATION The Legislature ofthe State ofTexas has in VTCS, Sections 16.315-16.318, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the Town Council ofAddison, Texas, does ordain as follows: SECTION B. FINDINGS OF FACT (1) The flood hazard areas ofAddison, Texas are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of conunerce and governmental services, and extraordinary public expenditures for flood protection and relief; all ofwhich adversely affect the public health, safety and general welfare. (2) These flood loses are created by the cumulative effect ofobstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy offlood hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofud or otherwise protected from flood damage. SECTION C. STATEMENT OF plmpOSE It is the purpose ofthis 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: r. 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 ofthe 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 offloodprone areas in such it manner as to minimize future flood blight areas; and " .. 7. Insure that potential buyers are notified that property is in a flood area. SECTION D. METHODS OF REDUCING FI,OOD I ,aSSES I. In order to accomplish its purposes, this ordinance uses the following methods: 2. Restrict or prohibit uses that are dangerous to health, safety or property in times offlood, or cause excessive increases in flood heights or velocities; 3. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time ofinitial construction; 4. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation offlood waters; 5. Control filling, grading, dredging and other development which may increase flood damage; 6. Prevent or regulate the construction offlood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. 2 ARTICLE II DEFINITIONS Unless specifically defmed 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. ALLUVIAL FAN FLOODING -means flooding occurring on the surface ofan alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes oferosion, sediment transport, and deposition; and unpredictable flow paths. APEX· means a point on an alluvial fan or similar landform below which the flow path ofthe major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. 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 armual chance of flooding to an average depth ofone to three feet where a clearly defined charmel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD -is the land in the 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 ratemaking has been completed in preparation for publication ofthe FIRM, Zone A usually is refined into Zones A, AE, AH, AO, Al-99, YO, Vl-30, VE or V. BASE FLOOD -means the flood having a one percent chance ofbeing equaled or exceeded in any given year. BASEMENT -means any area ofthe building having its floor sub-grade (below ground level) on all sides. CRITICAL FEATURE -means an integral and readily identifiable part ofa 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 1.Ulimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage ofequipment or materials. ELEVATED BUILDING -means a non-basement building (i) built, in the case ofa building in Zones AI-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top ofthe elevated floor, or in the case ofa building in Zones VI-30, VB, or V, to have the bottom ofthe lowest horizontal structure member ofthe elevated floor elevated above the ground level by means ofpilings, colur1.UlS (posts and piers), or shear walls parallel to the floor of the water and (ii) adequately 3 -. anchored so as not to impair the structural integrity ofthe building during a flood of up to the magnitude ofthe base flood. In the case ofZones AI-30, AB, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means offill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case ofZones VI-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 ifthe breakaway walls met the standards ofSection 60.3(e)(5) of the National Flood Insurance Program regulations. EXISTING CONSTRUCTION -means for the purposes ofdetermining rates, structures for which the "start ofconstruction" commenced before the effective date ofthe FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION· means a manufactured home park or subdivision for which the construction offacilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation ofutilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date ofthe floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISIONmeans the preparation ofadditional sites by the construction offacilities for servicing the lots on which the manufactured homes are to be affixed (including the installation ofutilities, the construction of streets, and either final site grading or the pouring ofconcrete pads). FLOOD OR FLOODING -means a general and temporary condition ofpartial or complete inundation ofnormally dry land areas from: 1. the overflow ofinland or tidal waters. 2. the unusual and rapid accumulation or runoffofsurface waters from any source. FLOOD INSURANCE RATE MAP (FIRM) -means an official map ofa community, on which the Federal Emergency Management Agency has delineated both the areas ofspecial 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 ofthe base flood, as well as the Flood Boundary-Floodway Map. FLOODPLAIN OR FLOOD-PRONE AREA -means any land area susceptible to being inundated by water from any source (see definition offlooding). FLOODPLAIN MANAGEMENT -means the operation ofan overall program ofcorrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. 4 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 ofpolice power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose offlood damage prevention and reduction. FLOOD PROTECTION SYSTEM -means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modi:JY flooding in order to reduce the extent ofthe areas within it community subject to a "special flood hazard" and the extent ofthe depths ofassociated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modi:fYing works are those constructed in confurmance with sound engineering standards. 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. FLOODWAY (REGULATORY FLOODWA Y) -means the channel ofa 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. FUNCTIONALLY DEPENDENT USE -means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading ofcargo 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 ofthe ground surface prior to construction next to the proposed walls ofa structure. structure. HISTORIC STRUCTURE -means any structure that is: 1. Listed individually in the National Register ofHistoric Places (a listing maintained by the Department ofInterior) or preliminarily determined by the Secretary ofthe Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary ofthe Interior as contributing to the historical significance ofa registered historic district or a district preliminarily determined by the Secretary to quali:JY as a registered historic district; 3. Individually listed on a state inventory ofhistoric places in states with historic preservation programs which have been approved by the Secretary ofInterior; or 4. Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: a) by an approved state program as determined by the Secretary ofthe Interior or; 5 ·. b) directly by the Secretary of the Interior in states without approved programs. 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 ofwater so as to provide protection from temporary flooding. 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. LOWEST FLOOR· means the lowest floor ofthe 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 ofthe applicable non-elevation design requirement of Section 60.3 ofthe National Flood insurance Program regulations. MANUFACTURED HOME -means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". MANUFACTURED HOME PARK OR SUBDIVISION -means a parcel (or contiguous parcels) ofland divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL -means, for purposes ofthe 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. NEW CONSTRUCTION -means, for the purpose ofdetennining insurance rates, structures for which the "start ofconstruction" commenced on or after the effective date ofan initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start ofconstruction" commenced on or after the effective date ofa floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDIVISION -means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation ofutilities, the construction ofstreets, and either fmal site grading or the pouring of concrete pads) is completed on or after the effective date offloodplain management regulations adopted by a community. 6 · . RECREATIONAL VEIDCLE -means a vehicle which is: 1. built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projections; 3. designed to be self-propelled or permanently towable by a light duty truck; and 4. designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use START OF CONSTRUCTION -(for otner tnan new construction or substantial improvements under the Coastal Barrier Resources Act (pub. L. 97-348», includes substantial improvement and means tne date the building permit wss issued, provided the actual start ofconstruction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days ofthe permit date. Tne actual start means eitner tne fll'St placement ofpermanent construction ofa structure on a site, such as tne pouring ofslab or footings, the installation ofpiles, tne construction of columns, or any work beyond the stage ofexcavation; or tne placement ofa manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include tne installation ofstreets andlor walkways; nor does it include excavation for basement, footings, piers or fuundations or the erection oftemporary forms; nor does it include the installation on the property ofaccessory buildings, sucn as garages or sneds not occupied as dwelling units or not part ofthe main structure. For a substantial improvement, tne actual start of construction means the first alteration ofany wall, ceiling, floor, or other structural part ofa building, whether or not tnat alteration affects the external dimensions ofthe building. 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 DAMAGE -means damage ofany origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT -means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost ofwhich equals or exceeds 50 percent of the market value of the structure before "start ofconstruction" ofthe improvement. This includes structures which have incurred "substantial damage", regardless ofthe actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations ofstate 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 2. Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." VARIANCE -is a grant ofrelief to a person from the requirement ofthis ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a marmer otherwise prohibited by this ordinance. (For full requirements see Section 60.6 ofthe National Flood Insurance Program regulations.) 7 ·. VIOLATION -means the failure ofa 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 ofcompliance required in Section 60.3(b)(S), (c)(4), (c)(IO), (d)(3), (e)(2), (e)(4), or (e)(S) 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 (NGVD) of 1929 (or other datum, where specified), offloods ofvarious magnitudes and frequencies in the floodplains ofcoastal or riverine areas. 8 ARTICLEm GENERAL PROVISIONS SECTION A. I.ANDS TO WJUCH TIDS ORDINANCE APPLIES The ordinance shall apply to all areas ofspecial flood hazard within the jurisdiction ofthe Town ofAddison, Texas. SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL noon HAZ.AR» The areas ofspecial flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Addison, Texas," dated _______-', with accompanying (date maps will beoome effective) Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. SECTION C. ESTABI ,TSHMENT OF »EVEI/OpMENT PERMIT A Development Permit shall be required to ensure conformance with the provisions ofthis ordinance. SECTION D. COMPTJANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms ofthis ordinance and other applicable regulations. SECTION E. ABROGATION AND GREATER RE$TRICTIONS 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 stringerit restrictions shall prevail. 9 ·. SECTION F. INTERPRETATION In the interpretation and application ofthis ordinance, all provisions shall be: 1. considered as minimum requirements; 2. liberally construed in favor ofthe governing body; and 3. deemed neither to limit nor repeal any other powers granted under State statutes. SECTION G. WARNING AND DISCLAIMER OR UABIJ.JTY The degree offlood 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 ofspecial 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 ofthe 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. 10 · , ARTICLE IV ADMINISTRATION .SECTION A. DESIGNATION OF THE F1,OODPJ.AIN ADMINISTRATOR }be Director ofPublic Works is hereby appointed the Floodplain Administrator to administer and implement the provisions ofthis ordinance and other appropriate sections of44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management. SECfION B. DllTIES & RESPDNSTBD ,ITIES OF THE FI.oonpJ,AIN ADMTNlSTRATQR Duties and responsibilities ofthe Floodplain Administrator 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 permit application to determine whether proposed building site, including the placement ofmanufactured homes, will be reasonably safe from flooding. 3. Review, approve or deny all applications for development permits required by adoption ofthis ordinance. 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 ofthe Federal Water PolIution 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 ofthe boundaries ofthe 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 State Coordinating Agency which is the Texas Natural Resource Conservation Commission, prior to any alteration or relocation ofa watercourse, and submit evidence ofsuch notification to the Federal . Emergency Management Agency. 7. Assure that the flood carrying capacity within the altered or relocated portion ofany watercourse is maintained. 11 8. 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 floodway data available from a Federal, State or other source, in order to administer the provisions ofArticle 5. 9. When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones AI-30 and AB 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 ofthe base flood more than one foot at any point within the community. 10. Under the provisions of44 CFR Chapter 1, Section 65.12, ofthe National Flood Insurance Program regulations, a community rnsy approve certain development in Zones AI-30, AB, AH, on the community's FIRM which increases the water surface elevati(;>n of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA (Conditional Letter ofMap Revision). SECTION C. PERMIT PROCEDURES Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by himJher and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation ofproposed landscape alterations, existing and proposed structures, including the placement ofmanufactured homes, and the location ofthe foregoing in relation to areas of special flood hazard. Additionally, the following information is required: I. Elevation (in relation to mean sea level), ofthe lowest floor (including basement) ofall new and substantially improved structures; 2. Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; 3. A certificate from a registered registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria ofArticle 5, Section B(2); 4. Description ofthe extent to which any watercourse or natural drainage will be altered Or relocated as a result ofproposed development. 5. Maintain a record of all such information in accordance with Article 4, Section (B)(I). Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all ofthe provisions ofthis ordinance and the following relevant factors: 1. The danger to life and property due to flooding or erosion damage; 12 2. The susceptibility ofthe proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 3. The danger that materials may be swept onto other lands to the injury ofothers; 4. The compatibility ofthe proposed use with existing and anticipated development; 5. The safety ofaccess to the property in times offlood for ordinary and emergency. vehicles; 6. The costs ofproviding 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; 7. The expected heights, velocity, duration, rate ofrise and sediment transport of the flood waters and the effects ofwave action, ifapplicable, expected at the site; 8. The necessity to the facility ofa waterfront location, where applicable; 9. The availability ofalternative locations, not subject to flooding or erosion damage, for the proposed use; 10. The relationship ofthe proposed use to the comprehensive plan for that area. SECTION D. VARIANCE pROCEDImES 1. The appeal Board as established by the community shall hear and render judgement on requests for variances from the requirements ofthis 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 ofthis ordinance. 3. Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts ofcompetent jurisdiction. 4. The Floodplain Administrator shall maintain a record ofall 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 ofstructures listed on the National Register ofHistoric Places or the State Inventory ofHistoric Places, without regard to the procedures set forth in the remainder of this ordinance. 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 13 structures constructed below the base flood level, providing the relevant factors in Section C(2) ofthis 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 ofthe factors noted above and the intent ofthis ordinance, the Appeal Board may attach such conditions to the granting ofvariances as it deems necessary to further the purpose and objectives ofthis ordinance (Article 1, Section C). . 8. Variances shall not be issued within any designated floodway ifany increase in flood levels during the base flood discharge would result. 9. Variances may be issued for the repair or rehabilitation ofhistoric 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 ofthe 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: 1) showing a good and sufficient cause; 2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and 3) 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 ofthe 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 offlood 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 ofa functionally dependent use provided that: a) the criteria outlined in Article 4, Section D(I)-(9) are met, and b) 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. 14 · .. 􀁾􀀠ARTICU:Y PROVISIONS FOR FLOOD HAZARD REDIlCTION SECTION A. GENERAL STANDARDS In all areas ofspecial 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 ofthe structure resulting from hydrodynamic and hydrostatic loads, including the effects ofbuoyancy; 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 Jacilities that are designed andlor located so as to prevent water from entering or accumulating within the components during conditions offlooding. 5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration offlood waters into the system; 6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration offlood 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 ofspecial flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B(8), or (iii) Article 5, Section C(3), the following provisions are required: 1. Residential Construction -new construction and substantial improvement ofany 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 the Floodplain Administrator that the standard ofthis subsection as proposed in Article 4, Section C(l)a., is satisfied. 15 ·. 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 ofwater and with structural components having the capability ofresisting hydrostatic and hydrodynamic loads and effects ofbuoyancy. 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 ofpractice as outlined in this subsection. A record ofsuch certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. 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 offloodwaters. 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 oftwo openings having a total net area of not less than one square inch for every square foot ofenclosed area subject to flooding shall be provided. b) The bottom ofall 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 offloodwaters. 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 ofthis 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 ofover-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 AI-30, AH, and AE on the community's FIRM on sites (i) outside ofa 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 16 ·. 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 fuundation such that the lowest floor ofthe 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 AI-30, AH and AE on the community's FIRM that are not subject to the provisions ofparagraph (4) ofthis section be elevated so that either: 1) the lowest floor ofthe manufactured home is at or above the base flood elevation, or 2) the manufactured home chassis is supported by reinforced piers or other foundation elements ofat 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 AI-30, AH, and AE on the community's FIRM either: a) be on the site for fewer than 180 consecutive days, b) be fully licensed and ready for highway use, or c) meet the permit requirements ofArticle 4, Section C(I), and the elevation and anchoring requirements for "manufuctured homes" in paragraph (4) ofthis section. A recreational vehicle is ready for highway use ifit 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 SITBDIVISION PROPOSAl.s 1. All subdivision proposals including the placement ofmanufactured home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D ofthis ordinance. 2. All proposals for the development ofsubdivisions including the placement of manufactured home parks parks and subdivisions shall meet Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions ofArticle 5 ofthis ordinance. 3. Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement ofmanufactured home parks and subdivisions 17 which is greater than 50 lots or 5 acres, whichever is lesser, ifnot otherwise provided pursuant to Article 3, Section B or Article 4, Section B (8) ofthis ordinance. 4. All subdivision proposals including the placement ofmanufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. 5. All subdivision proposals including the placement ofmanufactured 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 SHAJJ.OW FLOODING (AO/AH ZONES) Located within the areas ofspecial 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 I to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: 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 ofnon-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 ifno 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 wails substantially impermeable to the passage ofwater and with structural components having the capability ofresisting hydrostatic and hydrodynamic loads ofeffects ofbuoyancy. 3. A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards ofthis Section, as proposed in Article 4, Section C (I)a., are satisfied. 4. Require within Zones AH or AD adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. SECTION E. FJ.QQDWAYS Floodways -located within areas ofspecial flood hazard established in Article 3, Section B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity offlood 18 • r •• waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: I. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless. it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence ofthe base flood discharge. 2. IfArticle 5, Section E (I) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. 3. Under the provisions of 44 CFR Chapter I, Section 65.12, ofthe National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a a conditional FIRM and floodway revision through FEMA. 19 , . CERTIFICATION It is hereby found and declared by the Town ofAddison, Texas that severe flooding has occurred in the past within its jurisdiction and will certainly occur within the future; that flooding is likely to result in infliction ofserious personal injury or death, and is likely to result in substantial injury or destruction ofproperty within its jurisdiction; in order to effectively comply with minimum standards fur coverage under the National Flood Insurance Program; and in order to effectively remedy the situation described herein, it is necessary that this ordinance become effective immediately. Therefore, an emergency is hereby declared to exist, and this ordinance, being necessary for the immediate preservation ofthe public peace, health and safety, shall be in full force and effect from and after its passage aDd approval. APPROVED; ______________􀁾􀀭􀀭􀁾􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭(community official) PASSED: (date) I, the undersigned, --c:-_, do hereby certifY that the above is a true and correct copy ofan ordinance duly adopted by the 􀀭􀀭􀁾􀀭􀀭􀀢􀀭􀀭􀀢􀀭􀁾􀁾􀀭􀁾􀁾􀁾􀀭􀀭􀀬(community) at a regular meeting duly convened on (date) (SecrelllIy ocresponsible person) (SEAL) 20 SI.At -THe:5<:> Tt..--d '. .' ITt'''' (fo 􀁔􀁚􀀧􀀨􀀧􀁥􀁾􀀠( 􀁁􀀭􀁾􀀠e f 77(1IVA-(.. SUGGESTED WORDING FOR PENALTY CLAUSE CJe We 􀀢􀀢􀀧􀁾􀁔􀀠ft, .. IN", (... ""fJe' 1Hts l.v . In apcordance with Section 59.2(b) of CFR 44, Chapter 1,.of the 􀁾􀀠National Flood Insurance Program (NFIP) regulation, to qualify VIZ-f)J for the sale of federally-subsidized flood insurance, a community 􀀭􀁾􀁾􀀠must adopt floodplain management regulations that meet or exceed 􀁾􀁚􀁣􀀠the minimum standards of Section 60. "These regulations must include effective enforcement provisions." In accordance with Section 60.1(b) of CFR 44, Chapter 1, of the NFIP regulations, "These regulations must be legally-enforceable, applied uniformly throughout the community to all privately and publicly owned land within flood-prone (i.e. mudflow) or floodrelated erosion areas, and the community must provide that the regulations take precedence over less restrictive conflicting local laws, ordinances or codes." THEREFORE : The following is suggested wordina for a penalty clause to be included and adopted with your Flood Damage Prevention Ordinance. Wording should be modified as necessary to reflect specific local/state statutory provisions. **** PENALTIES FOR NONCOMPLIANCE No structure or. land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this 􀁯􀁲􀁤􀁩􀁾􀁡􀁮􀁣􀁥􀀠by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any personwho.yiolates this .ordinarice or fails to comply with any 0·£ its requirements shall upon conviction thereof be fined not more than $ ? or-imprisoned for not. more than ? days, or both, for each violation, and in addition shal·l pay all costs and expenses involved in the case. Nothing herein contained shall prevent the ? (community) from taking such other lawful action as is necessary to prevent or remedy any violation• . .'. \"', . '.' .' Memo December 5, 2000 To: Mike Murphy, Director ofPublic Works Jim Pierce, Assistant Director ofPublic Works From: Steve Chutchian, Assistant City Engineer Cc: Jim Wilson, Project Manager Re: FEMA Resolution & Ordinance for NFIP Ms. Angela Washington, with the City Attorney's office, has worked with the Public Works Department staffand representatives ofthe Denton, Texas branch ofFEMA, in order to review and refine documents related to our Town's inclusion into the National Flood Insurance Program (NFIP). The attached documents are in final form and may be presented to the Council for consideration at the January 9, 2001 meeting: a. Resolution b. Ordinance c. Exhibit "A" to Ordinance Upon approval ofthe Resolution and Ordinance by the Council, they must be submitted to the Denton office ofFEMA, with a short application form that we currently have inhand. Their office expects to receive our documents immediately after the January 9th Council meeting. Steve Chutchian Assistant City Engineer TOWN OF ADDISON, TEXAS RESOLUTION NO. ____ RESOLUTION OF THE TOWN OF ADDISON INDICATING ITS DESIRE AND INTENT TO PARTICIPATE IN THE NATIONAL FLOOD INSURANCE PROGRAM; INDICATING ITS INTENT TO ADOPT AND ENFORCE FLOOD PLAIN MANAGEMENT REGULATIONS CONSISTENT WITH FEDERAL CRITERIA; AND DIRECTING THE CITY MANAGER TO TAKE APPROPRIATE STEPS TO IMPLEMENT THE INTENT OF THE TOWN COUNCIL, AS OUTLINED IN TIDS RESOLUTION WHEREAS, certain areas of Addison are subject to periodic flooding, causing serious damage to properties within those areas; and WHEREAS, it is the intent of the Council to require the recognition and evaluation of flood hazards in all official actions relating to land use in areas having such hazards; and WHEREAS, the Town of Addison has the legal authority to adopt land use and control measures to reduce future flood losses pursuant to Subchapter I, Chapter 16, Texas Water Code; and WHEREAS, members of the community ofAddison are not eligible to purchase flood insurance under the National Flood Insurance Program unless Addison joins the National Flood Insurance Program; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF ADDISON, TEXAS: Section 1. That it is the desire and intent of the Town of Addison to join the National Flood Insurance Program. Section 2. That the Town Council of the Town of Addison assures the Federal Emergency Management Agency that it will enact and enforce adequate land use and control measures consistent with the requirements and criteria ofthe National Flood Insurance Program. Section 3. That the City Manager or his designee is hereby directed to: a. assist the Federal Insurance Administrator (Administrator), at the Administrator's request, in the delineation ofthe limits ofthe area having special flood hazards; b. provide such information concerning present uses and occupancy of the floodplain, mudslide (i.e., mudflow) or flood-related erosion areas as the Administrator may request; 1 Documenl II: 928397 c. maintain for public inspection and furnish upon request, for the determination of applicable flood insurance risk premium rates within all areas having special flood hazards identified on a Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM), any certificates of floodproofing, and information on the elevation (in relation to mean sea level) of the level of the lowest floor (including basement) of all new construction or substantially improved structures, and include whether or not such structures contain a basement, and if the structure has heen floodproofed, the elevation (in relation to mean sea level) to which the structure was floodproofed; d. cooperate with Federal, State and local agencies and private firros which undertake to study, survey, map and identifY floodplain, mudslide (i.e., mudflow) or floodrelated erosion areas, and cooperate with neighboring communities with respect to management of adjoining floodplain, mudslide (i.e., mudflow) and flood-related erosion areas in order order to prevent aggravation ofexisting hazards; e. upon occurrence, notifY the Administrator in writing whenever the boundaries of Addison have heen modified by annexation or Addison has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that all FHBM's and FIRM's accurately represent Addison's boundaries, include within such notification a copy of a map of the Town suitable for reproduction, clearly delineating the new corporate limits or new area for which Addison has assumed or relinquished floodplain management regulatory authority; and f. submit an annual report to the Admiuistrator concerning Addison's participation in the Program, including, but not limited to the development and implementation offloodplain management measures. Section 4. That the City Manager is further directed to take appropriate steps to implement the intent ofthe Council, as outlined in this resolution. Section 5. That the Town Council ofthe Town ofAddison intends to take such other official action as may be reasonably necessary to carry out the objectives of any floodplain management measures adopted. PASSED AND APPROVED by the Town Council ofthe Town ofAddison, Texas this the ____day of ,2000. R. Scott Wheeler, Mayor ATTEST: APPROVED AS TO FORM: By: By: 􀁟􀀽􀀽􀀭􀀭􀀺􀀺􀀺􀀭􀀽􀀺􀀭􀀭􀀭􀀺􀀭􀀭􀀽􀁾____ 􀀭􀀭􀁾􀀭􀁾􀀭􀁾􀁾􀁾􀀭 􀂭Carmen Moran, City Secretary Ken C. Dippel, City Attorney 2 TOWN OF ADDISON ORDINANCE NO. _____ AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, AMENDING CHAPTER 42, "FLOODS," OF THE CODE OF ORDINANCES OF THE CITY BY AMENDING ARTICLE II, "FLOOD DAMAGE PREVENTION," TO ENSURE ELIGmlLlTY FOR PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM; PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the flood hazard areas of Addison, Texas are subject to periodic inundation which could result in serious damage to properties within those areas, loss of life and property, health and safety hazards, disroption of commerce and governmental services, and extraordinary public expenditures for flood protection and relieJ; all of which would adversely affect the public health, safety and general welfure; and Whereas, such flood losses 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 hazard areas by uses vulnerable to floods, and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage; and . WHEREAS, members ofthe community ofAddison are not eligible to purchase flood insurance under the National Flood Insurance Program unless Addison joins the National Flood Insurance Program; and WHEREAS, Section 16.3145 ofthe Texas Water Code provides that the governing body ofeach city shall adopt ordinances or orders necessary fur the city to be eligible to participate in the National Flood Insurance Program; and WHEREAS, The City Council desires to amend Chapter 42, "Floods," of the Code of Ordinances to ensure that the Town's regulations are adequately designed to minimize flood losses and ensure eligibility for participation in the National Flood Insunmce Program; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: Section 1. Incorporation of Premises. That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof fur all purposes. Seetion 2. Amendment. That Chapter 42, "Floods," of the Code ofOrdinances ofthe Town of Addison, Texas (the "City") is hereby amended by amending Article II, "Flood Damage Prevention," as set forth in Exhibit A attached hereto and incorporated herein, and all other chapters, sections, subsections, paragraphs, sentences, phrases and words of the Code are not amended but are hereby ratified, verified, approved and affirmed. Dooumentli:9J00t7 1 Section 3. Savings. That this ordinance shall be cumulative of all other ordinances of the City affecting flooding and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions ofthis Ordinance. Section 4. SeverabiHty. That the sections, paragraphs. sentences, phrases, clauses and words ofthis Ordinance are severable, and ifany section, paragraph. sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court ofcompetent jurisdiction, such holding shall not affect the validity of the remaining portions ofthis Ordinance, and the City Council hereby declares that it would have adopted such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. Effective Date. That this ordinance shall become effective from and after its date ofpassage as provided by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, this day of , 2000. Mayor Scott Wheeler ATTEST: -::----:: 􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀽􀀭􀀽􀀭􀀭􀀭􀀭Carmen Moran, City Secretary APROVED AS TO FORM: 􀀽􀀭􀀭􀀭􀀽􀀭􀀽􀁾􀀠--------c-----Ken Dippel, City Attorney 2 EXHIBIT A ARTICLE II. FLOOD DAMAGE PREVENTION DMSION 1. GENERALLY Sec. 42-31. Statutory Authorization. Local govermnents are authorized by Chapter 16 of the Texas Water Code to adopt regulations designed to minimize flood losses, and to take all necessary and reasonable actions to comply with the requirements and criteria oftbe National Flood Insurance Program. Sec. 42-32. Definitions. Unless specifically defined below, words or phrases used in this article sball be interpreted to give them the meaning they have in common usage and to give this article its most reasonable application. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alluvial fan flooding means flooding occurring on the surfuce of an alluvial tan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes oferosion, sediment transport, and deposition; and unpredictable flow paths. Apex means a point on an alluvial tan or similar landform below which the flow path of the major stream that formed the tan becomes unpredictable and alluvial tan flooding can occur. Area ofshallow flooding means a designated AO, AH, or vo zone on the Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance offlooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area ofspecial flood hazard means the land in the floodpIaln 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 ratemaking bas been completed in preparation for publication of the FIRM, Zone A usually is refined into Zone A, AB, .AB, AO, A1-99, YO, V1-30, VB or V. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. Basement means any area ofthe building having its floor sub-grade (below ground level) on all sides. 1 Critical feature means an integral and readily identifiable part ofa flood protection system, without which the flood protection provided by the entire system would be compromised. Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Elevated bUilding means a non-basement building (i) built, in the case of a building in Zones AI-30, AB, 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 Vl-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, colunms (posts and piers), or shear wa1ls 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 ofthe base flood. In the case ofZones 􀁁􀁬􀁾􀀳􀀰􀀬􀀠AB, 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 VI-30, VB, and 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 meet the standards of Section 60.3(e)(5) of the National Flood Insurance Program regUlations. Existing construction means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, fur FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." Existing manufactured home park or subdivision means a manufuctured home park or subdivision for which the construction of mcilities for servicing the lots on which the manufuctured homes are to be affixed (including, at a minimum, the installation of utilities, the construction ofstreets, and either final site grading or the pouring ofconcrete pads) is completed befure the effective date ofthe adoption offloodplain management regulations. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of mcilities for servicing the lots on which the manufil.ctured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring ofconcrete pads). Flood or flooding means a general and temporary condition of partial or complete inundation ofnormally dry land areas from: (1) the overflow ofinland or tidal waters; or (2) the unusual and rapid accumulation or runoff ofsurfilce waters from any source. 2 Flood insurance rate map (FIRM) means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones. Flood insurance study means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surfuce elevation of the base flood, as wen as the Flood Boundary-Floodway Map. Floodplain or jlood-prone area means any land area susceptible to being inundated by water from any source (see definition offlooding). Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage,including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. 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 ofpolice power, in any combination thereo:t which provide standards for the purpose of flood damage prevention and reduction. 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 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. Flood proofing means any combination of structural and non-structural additions, changes, or adjnstments to structures which reduce or eliminate flood damage to real estate or improved real propertY, water and sanitary facilities, structures and their contents. Floodway (regulatory jloodway) 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 surfuce elevation more than a designated height. Functionally dependent use means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking i&cilities, 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 manufucturing facilities. Highest a4jacent grade means the highest natural elevation of the ground surfuce prior to construction next to the proposed wa1ls ofa structure. Historic structure means any structure that is: 3 (1) listed individually in the National Register ofHistoric Places (a listing maintained by the Department ofInterior) or preliminarily dete!lllined by the Secretary ofthe Interior as meeting the requirements for individual listing on the National Register; (2) 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; or (3) individually listed on the state's inventory ofhistoric places. 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 ofwater so as to provide protection from temporary flooding. Levee system means a flood protection system that 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. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirement of Section 60.3 of the National Flood insurance Program regulations. Manufactured home means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required uti1ities. 1be term "manumctured home" does not include a "recreational vehicle." Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manumctured home lots fur rent or sale. Mean sea level means, for purposes ofthe National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum. to which base flood elevations shown on the Flood Insurance Rate Map are rererenced. ' National Rood Insurance Program Regulations means those regulations contained in Chapter 1 of Title 44 of the Code of Federal Regulations (CfR) pertaining to floodplain management. New construction means, for the purpose of determining insurance rates, structures fur which the "start of construction" commenced on or after the effective date of an initial FIRM or 4 after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the efrective date of a floodplain management regulation and includes any subsequent improvements to such structures. New manufactured home park or subdivision means a manufuctured home park or subdivision for which the construction of fucilities for servicing the lots on which the manufuctured 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 December 12, 2000. Recreational vehicle means a vehicle that is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel. or seasonal use. 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 pennanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufuctured 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 ofthe main structure. For a substantial improvement, the actual start ofconstruction 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 ofthe building. Structure means a walled and roofed building, including a gas or liquid storage tank and a manufuctured home, that is principally above ground. 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 50 percent of the market value ofthe structure before the damage occurred. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" ofthe improvement. This includes structures that 5 have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project for improvement ofa structure to correct existing violations ofstate or local health, sanitary, or safety code specifications which have been identified by the building official and which are the minimum necessary conditions; or (2) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." Variance means a grant of relief from the requirements of this article that permits construction or development in a manner that would otherwise be prohibited by this article. Violation means the failure of a structure or other development to be fully compliant with the Town's floodplain management regulations. A structure or other development without appropriate certifications, or other required evidence of compliance is presumed to be in violation until such time as that documentation documentation is provided. Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods ofvarious magnitudes and :frequencies in the floodplains ofcoastal or riverine areas. Sec. 42-33. Applicability. This article applies to all areas of special flood hazard within the jurisdiction of the Town. Sec. 42-34. Penalties for noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered, or have its use changed without fun compliance with the terms of this article and an other applicable regulations. Violation of the provisions of this article by failure to comply with any of its requirements, including violatinns of conditions and safeguards established in connection with conditions, shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 for each violation in accordance with Section 1-7 ofthis Code, and in addition shall pay all costs and expenses involved in the case. Nothing contained in this article shall prevent the Town from taking such other lawful action as is necessary to prevent or remedy any violation. Sec. 42-35. Interpretation. In the interpretation and application ofthis article, all provisions shall be: (1) considered as minimum requirements; 6 (2) hlJerally construed in favor ofthe city council; and (3) deemed neither to limit nor repeal any other powers granted under state statutes. Sec. 42-36. Purpose. It is the purpose of this article 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 ofpublic money for costly flood control projects; (3) minimize the need fur rescue and relief efforts associated with flooding and generally undertaken at the expense ofthe 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 flood-prone areas in such a manner as to minimize future flood blight areas; and (7) ensure that potential buyers are notified that property is in a flood area. Sec. 42-37. Basis for establisbing tbe areas of special flood bazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled tiThe Flood Insurance Study for Addison, Texas, tI with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM), dated July 30, 1999, and any revisions thereto are hereby adopted by reference and declared to be a part ofthis article. The flood insurance study is on file at 4500 Belt Line Road, Addison, Texas. Sec. 42-38. Abrogation and greater restrietions. This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shaD prevail. 7 Sec. 42-39. Methods of reducing flood losses. In order to accomplish its purposes, this article includes methods and provisions for: (1) restricting or prolnbiting uses that are dangerous to health, sarety or property in times offlood, or that cause excessive increases in flood heights or velocities; (2) requiring that uses vulnerable to floods, including mcilities which serVe such uses, be protected against flood damage at the time ofinitial construction; (3) controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; (4) controlling filling, grading, dredging and other development which may increase flood damage; and (5) preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other areas. Sec. 42-40. Warning and disclaimer or liability. The degree of flood protection required by this article 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 article 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 article shall not create liability on the part ofthe Town or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made under this article. Sees. 42-41 -42-55. Reserved. DIVISION 2. ADMINISTRATION AND ENFORCEMENT Sec. 42-56. Floodplain administrator. The Director of Public Works is hereby appointed the Floodplain Administrator to administer and implement this article and other appropriate sections of 44 CPR (National Flood Insurance Program Regulations) pertaining to floodplain management. See. 42-57. Duties & responsibilities ofthe floodplain administrator. 8 Duties and responsibilities of the Floodplain Administrator include, but axe not limited to, the fullowing: (1) Maintaining for public inspection all records pertaining to the provisions of this article. (2) Reviewing permit applications to determine whether proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding. (3) Reviewing all applications for development permits required by this article to determine that all permit requirements have been satisfied. (4) Reviewing permits for proposed development to determine that all necessary permits have been obtained from those federal, state or local govemmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of1972, 33 U.S.C. 1334) from which prior approval is required. (5) Making interpretations, where needed, as to the exact location ofthe 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). . (6) NotifYing adjacent communities and the Texas Natural Resource Conservation Commission prior to any alteration or relocation ofa watercourse, and submitting evidence ofsuch notification to the Federal Emergency Management Agency. (7) Assuring that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) Obtaining, reviewing and reasonably utilizing any base flood elevation data and floodway data available from a federal, state or other source, in order to administer this article, when base flood elevation data has not been provided in accordance with Section 42-37. (9) Requiring that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones AI-30 and AE on the FIRM when a regulatory floodway has not been designated, unless it is demonstrated that the cumulative effect of the proposed 􀁤􀁥􀁶􀁥􀁬􀁯􀁰􀁲􀁮􀁥􀁮􀁾􀀠when combined with all other existing and anticipated development, will not increase the water surfuce elevation of the base flood more than one fuot at any point within the Town. (10) Making application under the provisions of44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations for a conditional FIRM revision (Conditional Letter of Map Revision) through FEMA, when appropriate to approve development that increases the water soce elevation of the base flood by more tban one foot in Zone Al-30, AE, or AIl, on the FIRM. See. 42-58. Development pennit -required A development permit must be obtained befure construction or development begins within any area ofspecial flood hazard to ensure confurmance with the provisions ofthis article. See. 42-59. Development pennit -procedure. (a) Application for a Development Permit shalI be presented to the Floodplain Administrator on forms furnished by the Administrator and must include, but is not 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 ofmanufilctured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (1) Elevation (in relation to mean sea level), of the lowest floor (including basement) ofall new and substantially improved structures. (2) Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed. (3) A certificate from a registered professional engineer or architect that the nonresidential floodproofud structure shall meet the floodproofing criteria of Paragraph 2 ofSection 42-77. (4) A description ofthe extent to which any watercourse or natural drainage will be altered or relocated as a result ofproposed development. (b) The Administrator must maintain a record of all such information in accordance with Paragraph I of Section 42-57. (c) Approval or denial of a Development Permit by the Floodplain Administrator shall be based on the provisions ofthis article and the fullowing relevant factors: (1) The danger to life and property due to flooding or erosion damage. (2) The susceptibility of the proposed facility and its contents to flood damage and the effect ofsuch damage on the individual owner. (3) The danger that materials may be swept onto other lands to the injury ofothers. (4) The compatibility ofthe proposed use with existing and auticipated development. 10 (5) The safety of access to the property in times offlood for ordinary and emergency vehicles. (6) 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. (7) The expected heights, velocity, duration, rate ofrise and sediment transport ofthe floodwaters and the effects ofwave action, ifapplicable, expected at the site. (8) The necessity to the fucility ofa waterfront location, where applicable. (9) The availability of alternative locations, not subject to flooding or erosion damage, fur the proposed use. (10) The relationship ofthe proposed use to the comprehensive plan for that area. Sec. 42-60. Variances. (a) The building code board of appeals as established by the Town shall hear and decide appeals and requests fur variances from the requirements ofthis article. (b) The building code board of appeals shall hear and decide appeals 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 article. All decisions of the building code board ofappeals are final. (c) In passing upon such applications, the building code board of appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections ofthis article and: (1) The danger that materials may be swept onto other lands to the injury ofothers; (2) The danger to life and property due to flooding or erosion damage; (3) The snsceptibility of the proposed mcility and its contents to flood damage and the effect ofsuch damage on the individual owner; . (4) The importance of the services provided by the proposed fucility to the community; (5) The necessity to the mcility ofa waterfront location, where applicable; 11 (6) The availability ofalternative locations fur the proposed use which are not subject to flooding or erosion damage; (7) The compatibility ofthe proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program ofthat area; (9) The safety ofaccess to the property in times offlood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate ofrise and sediment transport ofthe floodwaters and the effects ofwave action, ifapplicable, expected at the site; and (11) The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and mcilities such as sewer, gas, electrical and water systems and streets and bridges. (d) Upon consideration of the metors of this section and the purposes ofthis article, the building code board ofappeals may attach such conditions to the granting of variances as it deems necessary to further the purposes ofthis article. (e) The Floodplain Administrator shall maintain a record of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request. (f) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant mctors in Subsections (c)(l) through (c)(ll) of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (g) Variances may be issued for the repair or rehabilitation ofhistoric 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 ofthe structure. . (h) Variances may be issued for new construction and substantial improvemeiIts and for other development necessary fur the conduct of a functionally dependent use provided that: (1) the criteria outlined in this section are met, and (2) 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. 12 (i) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory ofHistoric Places, without regard to the procedures set forth in the remainder ofthis section. G) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (k) Prerequisites for granting variances: (1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief (2) Variances shall only be issued upon: a. a showing ofgood and sufficient cause; b. a determination that :fu.ilure to grant the variance would result ill exceptional hardship to the applicant, and c. 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. (I) Any applicant 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. Secs.42-61-42-75. Reserved. DIVISION 3. FLOOD HAZARD REDUCTION Sec. 42-76. General standards. In all areas of special flood hazards the following standards are required: (1) Anchoring. All new construction or substantial improvements must be designed (or modified) in such a manner that they are adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. 13 (2) Construction materials and methods. a. All new construction or substantial improvements must be constructed by methods and practices that minimize flood damage. b. All new construction or substantial improvements must be constructed with materials resistant to flood damage. (3) Utilities. a. All new construction and substantial improvements must be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service fitcilities that are designed and located so as to prevent water from entering or accumulating within the components during conditions offlooding. b. All new and replacement water supply systems must be designed to minimize or eliminate infiltration offloodwaters into the system. c. All new and replacement sanitary sewage systems must be designed to minimize or eliminate infiltration of flood waters into the system, and to minimize or eliminate discharge from the systems into flood waters. d. On-site waste disposal systems must be located to avoid impairment to them or contamination from them during flooding. Sec. 42-77. Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 42-37, regarding the basis for establishing the area of special flood hazard, Paragraph 8 of Section 42-57, pertaining to the use of other base flood data, or Paragraph 3 of Section 42-78, pertaining to standards for subdivision proposals, the following provisions are required: (1) Residential Construction. New construction and substantial improvement of any residential structure must have the lowest floor, including basement, elevated at least two feet above the base flood elevation. A registered professional eI)gineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that this standard is satisfied. The Administrator shall maintain a record ofsuch certification. (2) Nonresidential Construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structnre must either have the lowest floor, including basement, elevated at least two feet above the base flood elevation, or together with attendant utility and sanitary fitcilities, be designed so 14 that below the base flood elevation 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 or review the structural design, specifications, and plans for the construction, and shall certifY to the Floodplain Administrator that the design and methods of construction are in accordance with accepted standards of practice as outlined in this article. A record of such certification that includes the specific elevation (in relation to mean sea level) to which such structures are floodproored must be maintained by the 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, must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs fur meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a. A mininnun of two openings having a total net area of not less than one square inch fur every square fuot ofenclosed area subject to flooding must be provided. b. The bottom ofall openings must be no higher than one fuot above grade. c. Openings equipped with screens, louvers, valves, or other coverings or devices must permit the automatic entry and exit offloodwaters. (4) Manufactured Homes. a. Manufactured homes to be placed within Zone A on the FHBM or FIRM must be installed using methods and practices that minimize flood damage. For the purposes ofthis requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods ofanchoring may include, but are not limited to, use ofover-thetop or :frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements fur resisting wind forces. b. Manufactured homes that are placed or substantially improved within Zones Al-30, AlI, and AE on the FIRM on sites (i) outside of a manufactured home park or subdivision, (li) 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, must be elevated on a permanent 15 foundation such that the lowest floor of the manufuctured 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. Manufuctured homes placed or substantially improved on sites in an existing manufuctured home park or subdivision within Zones Al-30, AlI and AE on the FIRM that are not subject to the provisions of Paragraph (4)b. ofthis section must be elevated so that either: i. the lowest floor ofthe manufuctured 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 are securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (5) Recreational Vehicles. Recreational vehicles placed on sites within Zones Al-30, AlI, and AE on the FIRM must either: a. be on the site for fewer than 180 consecutive days; b. be fully licensed and ready fur highway use; or c. meet the pennit requirements of Section 42-59, and the elevation and anchoring requirements for "manufuctured homes" in Paragraph 4 of this section. A recreational vehicle is ready fur 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 bas no permanently attached additions. Sec. 42-78. Standards for subdivision proposals. (1) All subdivision proposals, including the placement of manufuctured home parks and subdivisions, must be consistent with the need to minimize flood 􀁤􀁡􀁭􀁡􀁧􀁾􀀮􀀠(2) All proposals for the development of subdivisions, including the placement of manufuctured home parks and subdivisions, must meet Development Permit requirements ofthis article. (3) Base flood elevation data must be provided for subdivision proposals and other proposed development, including the placement ofmanufuctured home parks and subdivisions, that is greater than 50 lots or 5 acres, whichever is less, if not 16 otherwise provided pursuant to Section 42-37 regarding the basis for establishing the areas of special flood hazard or Paragraph 8 Section 42-57 pertaining to the use ofother base flood data (4) All subdivision proposals, including the placement of manufuctured home parks and subdivisions, must have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals, including the placement of manufuctured home parks and subdivisions, must have public utilities and facilities such as sewer, gas. electrical and water systems located and constructed to minimize or eliminate flood damage. Sec. 42-79. Standards for areas ofsbaHow flooding (AO/AH Zones). Located within the areas of special flood hazard established in Section 42-37, are areas designated as sha1Iow flooding. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore. the following provisions apply: (1) All new construction and substantial improvements of residential structures must 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 FIRM (at least two feet ifno depth number is specified). (2) All new construction and substantial improvements of non-residential structures must: 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 FIRM (at least two fuet ifno depth number is specified); . b. together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with wa1ls substantially impermeable to the passage of water and with structural components haviug the capability of resisting hydrostatic and hydrodynamic loads ofeffects ofbuoyancy. (3) A A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards ofthis Section are satisfied. (4) Within Zones AH and AO, adequate drainage paths must be provided around structures on slopes to guide flood waters around and away from proposed structures. 17 Sec. 42-80. Floodways Located within areas of special flood hazard established in Section 42-37, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris, potential projectiles and erosion potential, the fullowing provisions apply: (1) Encroachments are prolnoited, including fill, new construction, substantial improvements and other development, within the adopted regulatory floodway, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the Town during the occurrence ofthe base flood discharge. (2) If Paragraph (1) of this Section 42-80 is satisfied to permit encroaclnnent, all new construction and substantial improvements must comply with all applicable flood hazard reduction provisions ofthis article. (3) Encroaclnnents within the adopted regulatory floodway that would result in an increase in base flood elevations are prolnoited, unless the Floodplain Administrator obtains a conditional FIRM and floodway revision through FEMA 18 STEVEN Z. CHUTCHIAN. P.E. Assistant City Engineer 16801 Westgrove Drive P.O. Dox 9010 Addison, Texas 􀀷􀀵􀀰􀀰􀀱􀁾􀀹􀀰􀀱􀀰􀀠 􀀨􀁾􀀷􀀲􀀩􀀠450·2886 Mobile (214) 673.2518 FAX 􀀨􀁾􀀲􀀩􀀠450.2837 EMMaJJ: schutcbisn@ci.addlson.tx.us '!l___ 􀁾􀀱􀀡􀁉􀀾􀁗􀀮􀁬􀁬􀀡􀁟􀁌􀁾􀂮􀀠STEVEN Z. CHUTCHIAN. P.E. Assistant City 􀁅􀁮􀁧􀁬􀁮􀁾􀁲􀀠16801 Westgrove Drive P.O. Box 9010 Addison, Texas 75001·9010 􀀨􀁾􀀷􀀲􀀩􀀠450·2886 Mobil. (214) 673-2518 FAX (972) 450.2837 E-Mail: schutcblan@ci.addison.tx.us j j j j j j j j j j j j j j j j ., 􀁾􀁾􀀮􀀠U:11'3 + ...:1"'.. rne1? CCfY'1c .../... U.17'Z<'0' 􀁾􀀠􀁾􀀠. fk-f 􀁦􀀢􀀺􀀼􀁛􀁾􀀠(F u ry /"", .􀁦􀁾􀁾􀀺􀀭􀀧􀀱􀀠􀁦􀁲􀁾􀀢􀀨􀀠tt.( 􀁾􀁾􀀠"'P/?,Cie, Ud.'-'(. j> e . 􀁾􀀱􀀷hYJ -􀀪􀀭􀁾􀀧􀁖􀀧􀀠cJh., 4fJ?f\/./"1'fie:."Jl 􀁣􀁻􀀯􀀿􀁾􀀠􀁾􀀠{ fC f-ter",,-, Wkrv(S --fo 14f4:; t...> 􀁆􀁾􀀯􀁢􀀿􀀱􀀭􀀧􀁾􀀠! " :j \I .f-0< {ffIr/vt'f:-... pt:.:;;JS􀀯􀀼􀁴􀀮􀁾􀀠􀁾􀁣􀁬􀁦􀀡􀁴􀁴􀁣ii F􀁾􀁦􀁬􀀠􀀨􀀢􀀭􀀼􀁦􀁾􀁾. {F A-7" 1..-", /4:7T 􀁴􀀡􀀧􀁾􀁬􀁬􀁣􀀠(. f?/r1l/(F 4 S]?ZCC􀁾􀀠. IS 􀁐􀁴􀀹􀀢􀁾􀁾􀀠. , f-􀁾􀀠􀁾􀀠􀁐􀁣􀀮􀀭􀀮􀁾... +>, ! k 􀀺􀁴􀀼􀁙􀀯􀁾􀁉􀁙􀀮􀀠r-vv-􀁆􀁾􀀠􀁴􀁾􀁾􀀠_ 􀀮􀁟􀁾􀀬􀀮􀀺􀀮􀀮􀀮􀀭􀁾􀀭􀀭􀀮􀀬􀀻􀁥􀀺􀀮􀀮􀀮􀀭􀀧􀀱􀁬􀁟􀀢􀀢􀀧􀁟􀁾__ ..-:,........:.􀁾􀁰􀀮􀀮􀀻􀀮􀀮􀀮􀀭􀀧􀁾􀀭􀀧􀀭􀀮-:,.';,;;.. ::::....,.􀀻􀁖􀀭􀀢􀀢􀀢􀀺􀀧􀁾􀀺􀀮􀀮􀀺􀀺􀀧􀀠..􀀯􀀿􀁙􀁬􀁾􀁾􀁾􀀬􀀢􀀭􀀮_ '/􀁴􀁮􀁾􀀠(-t77-􀁒􀁾􀀠􀁾􀀠('(51 orr/{ Steve Chutchian From: Hoff, Dale [Dale.Hoff@fema.gov] Sent: Thursday, October 19,20002:32 PM To: Steve Chutchian (E-mail) Subject: Ordinance Ordinance D.doc Hi Steve: For enrolling in the NFIP Course, please contact the following as soon as you can. Slots are going fast: Melanie Sattler 817-695-9225 She will send you the information you will need. Also, see the attached for a sample ordinance: «Ordinance D.doe» Please call me anytime if I can help out. Dale Hoff 1 60.3 (c) -' FLOOD DAMAGE PREVENTION ORDINANCE ARTICLE I STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS SECTION A. STATUTORY AUTHORIZATION The Legislature of the State of has in (statutes) delegated the responsibility of local 􀁧􀁯􀁶􀁥􀁲􀁮􀁲􀁮􀁥􀁮􀁴􀁾􀁡􀀧􀁬􀁾􀁵􀁾􀁮􀁾􀀧􀁾􀀧􀁴􀁾􀁓􀀽􀀭􀁾􀁴􀁾􀁯􀁾􀁡􀁾􀁡􀁾􀀧􀁯􀁾􀁰􀁾􀁴􀀭􀀽􀁲􀁾􀁥􀁾􀁧􀁾􀁵􀁾􀁬􀁡􀁴􀁩􀁯􀁮􀁳􀀠designed to minimize flood losses. Therefore, the of (governing body) (community) ___===-:-___' does ordain as follows: (State) SECTION B. FINDINGS OF FACT (1) The flood hazard areas of are subject to periodic inundation WhlCh 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 ofk which adversely affect t he public health, safety and general welfare. (2) 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 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. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimlze 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 flood-prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area. SECTION D. METHODS OF REDUCING FLOOD LOSS€S In order CD accomplish its purposes, this ordinance uses the following methods: (1) 􀁾􀁡􀁳􀁴􀁲􀁩􀁣􀁴􀀠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) Requlre 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. ':Jhich 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. 2 ARTICLE 2.'DEFINITIONS Unless specifically defined below. \vords or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance ies most reasonable application. ALLUVIAL FAN FLOODING -means flooding occurring on the surface of an alluvial fan or similar 􀁬􀁡􀀺􀀱􀁤􀁦􀁯􀁲􀁾􀀠'."hich originates at the apex: and is characterized by 􀁨􀁩􀁧􀁨􀁾􀁶􀁥􀁬􀁯􀁣􀁩􀁴􀁹􀀠flows; active processes of erosion, sediment transport. and deposition; and unpredictable flow 􀁰􀁡􀁴􀁨􀁳􀁾􀀠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. AREA OF SHALLOW FLOODING -􀁾􀁥􀁡􀁮􀁳􀀠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 􀁥􀁶􀁩􀁤􀁥􀁮􀁴􀁾􀀠Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD -15 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 ratemaking has been completed in preparation for publication of the FIRM. Zone A usually is refined into Zones AI AE. AH, AO, Al-99, VO, Vl-30, VE or V. BASE FLOOD -􀁾􀁥􀁡􀁮􀁳􀀠the flood having a one percent chance of being equalled or exceeded in any given year. BASEMENT -means any area of the building having its floor subgrade (below ground level) On all sides. 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 -􀁾􀁥􀁡􀁮􀁳􀀠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. ELEVATED BUILDING -means a nonbasement building (i) built. in the case of a building in Zones Al-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 VI-30, VEt 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 (iil 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. 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 􀁖􀁬􀁾􀀳􀀰􀀮􀀠VEr or V, "elevated buildingll also includes a building otherwise meeting the definition of lIelevated building, II 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. 3 EXISTING CONSTRUCTION 􀁾􀁥􀁡􀁮􀁳􀀠for the purposes of determining rates. structures for which the "start of constrl:tction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as Hexisting structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -􀁾􀁥􀁡􀁮􀁳􀀠a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of ut1lities, 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 􀁾􀁥􀁧􀁵􀁬􀁡􀁴􀁩􀁯􀁮􀁳􀀠adopted by a community_ EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of 􀁳􀁴􀁲􀁥􀁥􀁴􀁳􀁾􀀠and either final site grading or the pouring of concrete pads) . FLOOD OR FLOODING -means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflc'." of inland or tidal \"aters. (2) the unusual and rapid accumulation or runoff of surface waters from any source. 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. 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. FLOODPLAIN OR FLOOD-PRONE AREA -means any land area susceptible to being inundated by water from any source (see definition of flooding}. FLOODPLAIN MANAGEMENT -means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. 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. 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 corrununity 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. 􀁆􀁌􀁏􀁏􀁾􀀠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. 4 FLOODWAY (REGULATORY FLOODWAY) -means the channel of a 􀁲􀁾􀁶􀁥􀁲􀀠or other watercourse and the adjacent land areas 􀁴􀁾􀁴􀀠must be reserved in order to discharge the base flood withoct cumulatively increasing the water surface elevation more than a designated height. FUNCTIONALLY DEPENDENT USE 􀁾􀀠:':'.eans a use which cannot perform its intended purpose unless it is located or carried out in close proximity to 􀁷􀁡􀁴􀁥􀁲􀁾􀀠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 nct 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. HISTORIC STRUCTURE -means any structure that is: (a) Listed individually in the National Register of Historic Places (a listing 􀁭􀁡􀁩􀁮􀁴􀁡􀁾􀁮􀁥􀁤􀀠by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the 􀁲􀁥􀁱􀁵􀁾􀁲􀁥􀁭􀁥􀁮􀁴􀁳􀀠for individual listing on the Natlonal 􀁒􀁥􀁧􀁾􀁳􀁴􀁥􀁲􀀻􀀠(b) Certified or preliminarlly 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 an 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: (1) By an approved state program as determined by the Secretary of the Interior or; (2) Directly by the Secretary of the Interior in states without approved programs. LEVEE -means a man-made structure, usually an earthen embankment, designed and constructed in accordance '..lith sound engineering engineering practices to contain. control. or divert the flow of water so as to provide protection from temporary 􀁦􀁬􀁯􀁯􀁤􀁩􀁮􀁧􀁾􀀠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. LOWEST FLOOR -means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood insurance Program regulations. MANUFACTURED HOME -means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when ·connected to the required ut ilities. The term "manufactured home Ol does not include a "recreational vehiclell • MANUFACTURED HOME PARK OR SUBDIVISION -means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or 􀁳􀁡􀁬􀁥􀁾􀀠5 MEAN SEA LEVEL means, Ear purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum {NGvrrr of 1929 or other datum. to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION -􀁾􀁥􀁡􀁮􀁳􀀬􀀠for the purpose of determining insurance rates. structures for which the Ustart. of constructio!1" commenced on or after the effective date of an 􀁬􀁾􀁩􀁴􀁩􀁡􀁬􀀠FIRM or after December 31, 1974. whichever is later, and includes any subseauent imorovements to such structures. For floodplain management: 􀁰􀁵􀁲􀁰􀁯􀁳􀁥􀁾􀀮􀀠";teW construction" means structures for which the Iistart of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDIVISION -means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are are to be affixed (including at a minimum. the installation of utilities. the construction of streets. and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. RECREATIONAL VEHICLE -􀁾􀁥􀁡􀁮􀁳􀀠a vehicle which is (i) built on a single chassis; (ii) 400 square feet cr less when measured at the largest horizontal projections; (iii) deslgned 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. START OF CONSTRUCTION -(for other than new construction or substantial improvements under the Coastal Barrler Resources Act {Pub. L. 97-348)1 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 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 the pouring of slab or footings the installation of piles, the construction of columns. or anyl work beyond the stage of excavation; or the placement of a manufactured horne 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, 􀁣􀁥􀁩􀁬􀁩􀁮􀁧􀁾􀀠floor. or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 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 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 50 percent of the market value of the structure before the damage occurred. 6 SUBSTANTIAL IMPROVEMENT ;'leans any recons,truction, rehabilitation. addition. or other improvement of a structure, the COSt of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement, This includes structures which have ,incurred II substantial damage", regardless of the actual repair work performed. The term does not, however. include either: (1) Any project for improvement of a structure to correct existing violations of state or local health. sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions or (2) Any alteration of a "historic structure", ;;::rovicied that the alteration will not preclude the structure's continued designat10n as a '!historic structure." VARIANCE -is a grant of relief Co 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 60.5 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 floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3 (b) (5), (c) (4), (e) (10), (d) (Jl, (e) (2). (e) (4). or (e) (5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION -􀁾􀁥􀁡􀁮􀁳􀀠the height. in relation to the National Geodetic Vertical Datum INGVD) of 1929 lor other datum. where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. 7 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 {cOmmunlty} SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for datedI II with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFMi and any revisions thereto are hereby adQpted 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. 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: (l) 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 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. 8 ARTICLE--4 ADMINISTRATION SECTION A_ DESIGNATION Of THE FLOODPLAIN ADMINISTRATOR The is hereby appointed the Floodplain Administrator to 􀁡􀁤􀁭􀁩􀁮􀁾􀁳􀁴􀁥􀁲􀀠and implement the provisions of this ordinance and other appropriate sections oE 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, but not be limited to, the following: (I} Maintain and hold open for public inspection all records pertaining to the 􀁰􀁲􀁯􀁶􀁩􀁳􀁾􀁯􀁮􀁳􀀠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_ (J) Review, approve or deny all applications Eor development permits required by adoption of this ordinance. (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 V_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 actilal field conditions) the Floodplain Administrator shall make the necessary interpretation. (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency .."hich is 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, Sectlon B, the Floodplain Administrator shall obtain¥ review and reasonably utilize any base flood elevation data and floodway data available from a Federal. State or other source, in order to administer the provisions of Article S. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction. substantial improvements, or other development (including fill) shall be permitted within Zones Al-30 and AE on the community'S FIRM, unless it is demonstrated that the cumulative effect of the proposed development/when combined with all other existing and anticipated development r will not increase the water surface elevation of the base flood more than one foot at any point within the community. 9 (10) Under the provisions of 44 CFR cl'''pter 1, Section 65.12. of the National Flood Insurance Program regulations, a community may approve certain development in Zones 􀁁􀁉􀀭􀀳􀁾􀀬􀀠AE, AH, on the community's FIRM which increases the water surface elevacion of the base flood by mora 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 1n relation to mean sea level to which any nonresidential structure shall be floodproofed; c. A certificace from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5. Section 8(2}; d. Description 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 (8) (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 flocding 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; 10 􀁾􀀮􀀠The availability of alternative locations. not subject to flooding or erosion damage, for the propd"s'ed. use; j. The relationship of the proposed ·..:se to the comprehensive plan for that area. SECTION D. VARIANCE PROCEDURES {l} The aDceal Board as escablished by the community shall hear and render judgeme;1t 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 remalnder of this ordinance. (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 Soard may attach such conditions to the granting of v.ariances as it deems necessary to further the purpose and objectives 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) variances may be issued for the repair or rehabili"tation 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: 􀁡􀁾􀀠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. II c. Any applicacion to whom a variance is granted shall be'given written notice that the structure will be 􀁾􀁥􀁲􀁭􀁬􀁴􀁴􀁥􀁤􀀠to be built with the lowest floor elevation below che base flood elevation. and that the cost of flood insurance will be commensurace with the increased risk resulting from the reduced lowest floor eleVatIon. (Il} Variances may be issued by a community for new construction and substantial improvements and for ocher development necessary for the conduct of a functionally dependent use provided that (ij che criteria outlined in Article 4, Section D(l) -(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 In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements, {I) 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; (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 facllities that are designed and/or located so as to prevent ',.Jater 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 lnfiltration of flood waters into the systemi (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 l,rlaters; 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 f Section B(8), or (iii) Article 5, Section C(3), the following provisions are required: (1) Residential Construction -new construction and substantial improvement of any residential 􀁳􀁾􀁲􀁵􀁣􀁴􀁵􀁲􀁥􀀠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(l)a .• is 􀁳􀁡􀁴􀁩􀁳􀁦􀁩􀁥􀁤􀁾􀀠(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 floodproofed shall be maintained by the Floodplain Administrator. 13 -\" (3) Enclosures -new construction and substantial improvements, with fully enclosed areas below che lowest floor that are usable solely for parking of vehicles. building access 􀁯􀁾􀀠storage in an area other than a basement and which are subject to 􀁦􀁬􀁯􀁯􀁤􀁩􀁾􀁧􀀠shall be designed to automatically equalize hydrostatic flood forces on 􀁥􀁸􀁴􀁥􀁲􀁾􀁯􀁲􀀠wails by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a 􀁲􀁥􀁧􀁩􀁳􀁾􀁥􀁲􀁥􀁤􀀠professional engineer or architect or meet or exceed the following minimum criteria; a. A minimum of t':JO 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 provlded. b. The bottom of all openlngs shall be no higher than one foot above grade. c." Openings may be equipped 􀁾... ith screens, louvers. valves. or other coverings or devices provided that 􀁴􀁾􀁥􀁹􀀠permit the automatic entry and exit of floodwaters. (4) Manufactured Homes 􀁡􀁾􀀠Requlre that all manufactured homes co 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 or 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« 􀁢􀁾􀀠Require that manufactured homes that are placed or substantially improved within Zones Al-3D, 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, tiii) in an expansion to an existing manufactured home park or subdivision. or (iv) in an existing manufactured horne park or subdivision on which a manufactured home has incurred "substantial damageII as a result of a flood, be 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 􀁾􀁡􀁮􀁵􀁦􀁡􀁣􀁴􀁵􀁲􀁥􀁤􀀠home park Or subdivision with Zones Al-30 1 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 horne 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. 14 (5) Recreational Vehicles -Require that recreational vehicles placed on sites within Zones Al-30, AH. and AE on tne communlty'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 􀁴􀁾􀁥􀀠permit requirements of Article 4, Section C(l}. and the elevation and anchoring requirements for II manufactured homes ll in paragraph (4) of this section, A recreational vehicle is ready for highway use if it is on ies 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: '",ith Article 1. Sections a, C. and D 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. (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured horne parks and subdivisions which is greater than 50 lots or 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 manuEactured 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 1 to 3 Eeet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be 􀁥􀁶􀁩􀁤􀁥􀁮􀁴􀁾􀀠Such flooding is characterized by ponding or sheet flow; eherefore, 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 structureSj (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or: Iii) together with attendant utility 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. 15 (3) A registered professional englneer or architect shall submit a certification to the Floodplaln 􀁁􀁤􀁲􀁮􀁩􀁮􀁩􀁳􀁴􀁲􀁡􀁾􀁯􀁲􀀠􀁾􀁨􀁡􀁴􀀠the standards of this 􀁓􀁥􀁣􀁴􀁩􀁯􀁮􀁾􀀠as proposed in Article 4, Section C {l}a., are satisfied. (4) Require within Zones AH or AO adequate drainage paths around structures on slopes, :0 guide flood waters around and away from proposed structures. 16 CERTIFICATION It is hereby found anti declared by (community) that severe flooding has occurred in the past within its jurisdiction and will certainly occur within the future; that flooding is likely to result in infliction of serious personal 􀀺􀁾􀁪􀁵􀁲􀁹􀀠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 Flood Insurance Program; and in order to effectively remedy the situation descrlbed herein, it is necessary that this ordinance become effective immediately. Therefore, an emergency is hereby declared to exist. and this 􀁯􀁲􀁤􀁩􀁮􀁡􀁮􀁣􀁡􀁾􀀠being necessary for the immediate preservation of the public peace, health and safety. shall be in full force and effect from and after its passage and approval. APPROVED; (community official) PASSED: I. the undersigned. __􀁾________________􀁾______ 􀁾_______. do hereby certify that the above is a true and correct copy of an ordinance duly adopted by the at a regular meeting duly convened on (Secretary or responsible person) (SEAL) 17 SUGGESTED WORDING FOR PENALTY CLAUSE In accordance with Section 59.2(b) of CFR 44, Chapter 1, of the National Flood Insurance Program (NFIP) regulation, to qualify for the sale of federally-subsidize d flood insurance, a community must adopt floodplain management regulations that meet or exceed the minimum standards of Section 60. 􀁾􀁔􀁨􀁥􀁳􀁥􀀠regulations must include effective enforcement provisions." In accordance with Section 60.1(b) of CFR 44, Chapter 1, of the NFIP regulations, 􀁾􀁔􀁨􀁥􀁳􀁥􀀠regulations must be legally-enforceable, applied uniformly throughout the community to all privately and publicly owned land within flood-prone (i.e. mudflow) or floodrelated erosion areas, and the community must provide that the regulations take precedence over less restrictive conflicting local laws, ordinances or codes." THEREFORE : The following is suggested wording for a penalty clause to be included and adopted with your Flood Damage Prevention Ordinance. Wording should be modified as necessary to reflect specific local/state statutory provisions. **** PENALTIES FOR NONCOMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $ or imprisoned for not more than days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the (community) from taking such other lawful action as is necessary to prevent or remedy any vic' EMERGENCY MANAGEMENT AGENCY APPUCADON FOR PARnOPAnON IN THE NAnONAL FLOOD PROGRAM See the reverse for Paperwork Burden Notice O.M.B-NO. 3Q67'O(}20 Expires December 31. 1995 1. APPLICATlO N ,STATE :', 2: COMMUNITY OFFiCiAL AND OFFICE OR AGENCY WITH OVERALL ADDRESS (Street or box no., city, state. zip rode) 3. PROGRAM COORDINA program) from above. with overall responsiblity for implementing TELEPHONE NO. (Include dr", t:-e",-.,? _ ("'"FJ:e -Ii:-····--1! p I.,;,' ----" Ii ) p"" 􀁾􀀦􀁾􀁟􀀳􀀿􀀨􀁾􀀠&{:J: P____,-----+-"-; !" 1 ( '->tiT F -r( <"'V')P5 1" Ifre Y'""-e• I! !i------+:r-------------------' __..__-,+--_rl_< Cus, 0 f M-'f's -I· K IJo i