§ 40-227. Flood damage prevention.

(a)

Permit required. The developer shall obtain a development permit (floodplain development permit) from development services prior to locating, altering, or changing the use of any structure or land within an area of special flood hazard. An application for a permit shall be accompanied by the payment of a fee in accordance with the duly adopted schedule of fees.

(b)

Designation of flood hazard zones. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Anderson County, Texas, and Incorporated Areas" dated February 3, 2010, with accompanying Flood Insurance Rate Maps and Flood Boundary/Floodway Maps (FIRM and FBFM) dated February 3, 2010, and any revisions thereto are hereby adopted by reference and declared to be a part of this chapter.

(c)

Designation of the floodplain administrator. The building official is hereby appointed the floodplain administrator to administer and implement the provisions of this subsection and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management.

(d)

Duties and responsibilities of the floodplain administrator. Duties and responsibilities of the 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 section.

(2)

Review permit applications to determine whether proposed building sites will be reasonably safe from flooding.

(3)

Review, approve or deny all applications for development permits required by adoption of this section.

(4)

Review permits for proposed development to ensure that all necessary permits have been obtained from those federal, state or local governmental agencies (including section 404 of the Federal Clean Water Act Amendments of 1972, 33 USC 1334) from which prior approval is required.

(5)

Determine the flood hazard boundary line where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).

(6)

Notify, in riverine situations, adjacent communities and the state coordinating agency, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

(7)

Ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.

(8)

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 the section when base flood elevation data has not been provided in accordance with subsection (b) of this section.

(9)

Require that no new construction, substantial improvements or other development (including fill) shall be permitted within zones A1-30 and AE on development services' FIRM, when a regulatory floodway has not been designated, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

(e)

Permit procedures for flood hazard zone areas.

(1)

Application for a floodplain development permit shall be presented to development services on forms furnished by development services and may include, but not be limited to, a site plan as described in subsection 40-6(d) showing the location, dimensions and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:

a.

Elevation in relation to mean sea level, of the lowest floor (including the basement) of all new and substantially improved structures;

b.

Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;

c.

A certificate from an engineer or architect registered in the state that the nonresidential floodproofed structure shall meet the floodproofing criteria contained in subsection 40-227(h)(2) below; and

d.

Description of the extent to which any water coverage 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 subsection 40-227(d)(1) above.

(2)

Approval or denial of a floodplain development permit by development services shall be based on all of the provisions of this section and emphasizing the following relevant factors:

a.

The danger to life and property due to flooding or erosion damage;

b.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

c.

The danger that materials may be swept onto other lands to the injury of others;

d.

The compatibility of the proposed use with existing and anticipated development;

e.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

f.

The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;

g.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

h.

The necessity to the facility of a waterfront location, where applicable; and

i.

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.

(f)

Variance procedures. A developer may appeal the decision of the floodplain administrator to the city council when it is alleged there has been an error in any requirement, decision or determination in the enforcement or administration of the district floodplain hazard regulations. The procedure for an appeal shall be according to the variance procedures contained in section 40-19. A developer aggrieved by the decisions of the city council may appeal such decision in the courts of competent jurisdiction. The council may attach such conditions to the granting of a variance as it deems necessary to further the purpose and objectives of this subsection. Variances shall not be issued within any designated floodway. Prerequisites for granting variances are:

(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 showing a good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship to the applicant and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(3)

Variances may be granted by development services for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that the criteria outlined in subsection 40-227(e)(2) above, and this subsection are met, and 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.

(4)

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 subsection 40-227(e)(2) above, has been fully considered. As the lot size increase beyond the one-half acre, the technical justification required for issuing the variance increases.

(5)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge result.

(6)

Variances may be issued for the reconstruction, rehabilitation, or restoration of structure listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in this subsection.

(7)

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(8)

Any application to which 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.

(9)

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (a) the criteria outlined in this section 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.

(10)

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.

(g)

General standards for flood hazard reduction. In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:

(1)

All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

(2)

All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;

(3)

All new construction or substantial improvements shall be constructed with materials resistant to flood damage;

(4)

All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

(5)

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

(6)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and

(7)

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(h)

Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in subsections 40-227(b), (d)(8), and (i)(2) of this article, the following provisions are required:

(1)

Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including the basement), elevated to a minimum of one foot above the base flood elevation. A land surveyor registered in the state shall submit a certification to development services prior to receiving a development permit that the standard of this subsection is satisfied.

(2)

Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including the basement) elevated to a minimum one foot 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. An engineer or architect registered in the state 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 city as part of the permanent development permit file.

(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 that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must be certified by an engineer or architect registered in the state that meet or exceed the following minimum criteria:

a.

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

b.

The bottom of all openings shall be no higher than one foot above grade.

c.

Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

(4)

Manufactured homes.

a.

All HUD code manufactured homes to be placed within flood zone A shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

b.

Require that manufactured homes that are placed or substantially improved within zones A1-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

c.

Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of subsection (4) of this section be elevated so that either:

1.

The lowest floor of the manufactured home is one foot above the base flood elevation, or

2.

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

d.

A person commits an offense if he places any manufactured home in the regulatory floodway in other than an existing manufactured home park or manufactured home subdivision.

(5)

Recreational vehicles. Require that recreational vehicles placed on sites within zones A1-30, AH, and AE on the community's FIRM either (i) be on the site for fewer than 180 consecutive days, or (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements of subsection 40-227(e) of this article. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices, and has no permanently attached additions.

(i)

Standards for subdivision proposals.

(1)

The developer of subdivisions, including manufactured home parks and subdivisions, shall obtain a development permit prior to final platting.

(2)

Base flood elevation data shall be generated for subdivision proposals and other proposed development including manufactured home parks and subdivisions which are greater than 50 lots or five acres, whichever is lesser, if not otherwise provided pursuant to subsection 40-227(b) and subsection 40-227(d)(8) of this article.

(3)

All subdivision proposals, including manufactured home parks and subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards.

(4)

All subdivision proposals, including manufactured home parks and subdivisions, shall have public utilities and facilities (sewer, gas, electrical and water systems) located and constructed to minimize or eliminate flood damage.

(j)

Standards for areas of shallow flooding (AO/AH zones). Located within the areas of special flood hazard established in subsection 40-227(b) are areas designated as shallow 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 shall have the lowest floor (including the basement) elevated one foot above the depth number specified in feet on development services' FIRM (at least one foot if no depth number is specified).

(2)

All new construction and substantial improvements of nonresidential structures:

a.

Shall have the lowest floor (including the basement) elevated one foot above the depth number specified in feet on development services' FIRM (at least one foot if no depth number is specified); or

b.

Together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

(3)

An engineer or architect registered in the State of Texas shall submit a certification to development services which shall become part of the permanent development permit file that the standards of subsection 40-227(e)(1)a., above, are satisfied.

(4)

Within zones AH or AO the developer shall provide adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures.

( Ord. No. O-48-14 , § I(Exh. A), 12-8-2014)