O87-04.t
ORDINANCE NO. 87 -4
SUBCHAPTER E
FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE 5
STATUTORY AUTHORIZATION, FINDIN OF FACT, PURPOSE
AND METHODS
SECTION 13 -81 STATUTORY AUTHORIZATION
I
The Legislature of the State of Texas has in
express statutes delegated the responsibility to local
government units to adopt regulations designed to
minimize flood losses. Therefore, the City Council
of the City of Kennedale, Texas does ordain as follows:
SECTION 13 -82 FI NDINGS OF FACT
(1) The flood hazard areas of the City of Kennedale
are subject to periodic inundation which results in
loss of life and property, health and safety hazards,
disruption of commerce and governmental services,
and extraordinary public expenditures for flood
protection and relief, all of which adversely affect
the public health, safety and general welfare.
(2) These 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 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 13 -83 STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote
the public health, safety and general welfare and - to
minimize public and private losses due to flood conditions
in specific areas by provisions designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for
costly flood control projects;
(3) Minimize the need for rescue and relief
efforts associated with flooding and generally undertaken
at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and
utilities such as water and gas mains, electric, tele-
phone 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 13 -84 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purpose this ordinance
uses the following methods:
(1) Restrict or prohibit uses that are dangerous
to health, safety or property in times of flood, or
cause excessive increases in flood heights or velocities;
(2) Require that uses vulnerable to floods,
including facilities which serve such uses, be protected
against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains,
stream. channels, and natural protective barriers,
which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other
development which may increase flood damage;
(5) Prevent or regulate the construction of
flood barriers which will unnaturally divert flood
waters or which may increase flood hazards to other
lands.
ARTICLE 6
SECTION 13 -85 DEFINITIONS
Unless specifically defined below, words or phrases
used in this ordinance shall be interpreted to give
them the meaning they have in common usage and to
give this ordinance its most reasonable application.
(1) APPEAL -means a request for a review of the Flood
Plain Administrator's interpretation of any provision
of this ordinance or a request for a variance.
(2) AREA OF SHALLOW FLOODING -means a designated AO,
AH, or VO zone on a community's Flood Insurance Rate
Map (FIRM) with a one percent chance or greater annual
chance of flooding to an average depth of one to three
feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable and where
velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
(3) AREA OF SPECIAL FLOOD HAZARD is the land in
the floodplain within a community subject to a one
percent or greater chance of flooding in any given
year. The area may be designated as Zone A on the
Flood Hazard Boundary Map (FHBM). After detailed rate -
making has been completed in preparation for publication
of the FIRM, Zone A usually is refined into Zones
A, AE, AH, A0, Al -99, V0, V1 -30, VE OR V.
(4)
chance
year.
BASE FLOOD means the flood having a one percent
of being equalled or exceeded in any given
(5) CRITICAL FEATURE means an intergal and readily
identifiable part of a flood protection system, without
which the flood protection provided by the entire
system would be compromised.
(6) DEVELOPMENT means any man -made change in improved
and unimproved real estate, including but not limited
to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling
operations.
(7) ELEVATED BUILDING means a nonbasement building
(i) built, in the case of a building in Zones Al-
30, AE, A, A99, A0, AH, B, C, X, and D, to have the
top of the elevated floor, or in the case of a building
in Zones V1 -30, VE, or V, to have the bottom of the
lowest horizontal structure member of the elevated
floor elevated above ground level by means of pilings,
columns (posts and piers), or shear walls parallel
to the floor of the water and (ii) adequately anchored
so as not to impair the structural integrity of the
building during a flood of up to the magnitude of
the base flood. In the case of Zones Al -30, AE, A,
A99, A0, AH, B, C, X, D, "elevated building" also
includes a building elevated by means of fill or solid
foundation perimeter walls with openings, sufficient
to facilitate the unimpeded movement of flood waters.
In the case of Zones V1 -30, VE, or 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.
(08) 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, for FIRMs
effective before that date. "Existing construction"
may also be referred to as "existing structures."
(09) FLOOD OR FLOODING - means a general and temporary
condition of partial or complete inundation of normally
dry land areas from:
(1) the overflow of inland or tidal waters.
(2) the unusual and rapid accumulation or runoff
of surface waters from any source.
(10) 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.
(11) 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.
(12) FLOODPLAIN OR FLOOD -PRONE AREA - means any land
area susceptible to being inundated by water from
any source (see definition of flooding).
(13) FLOOD PROTECTION SYSTEM - means those physical
structural works for which funds have been authorized,
appropriated, and expended and which have been constructed
specifically to modify flooding in order to reduce
the extent of the areas within a community subject
to a "special flood hazard" and the extent of the
depths of associated flooding. Such as system typically
includes hurricane tidal barriers, dams, reservoirs,
levees or dikes. These specialized flood modifying
works are those constructed in conformance with sound
engineering standards.
(14) FLOODWAY (REGULATORY FLOODWAY) - means the channel
of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the
water surface elevation more than a designated height.
(15) 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 of cargo or passengers, and ship building
and ship repair facilities, but does not include
long -term storage or related manufacturing facilities.
(16) HIGHEST ADJACENT GRADE - means the highest natural
elevation of the ground surface prior to construction
next to the proposed walls of a structure.
(17) LEVEE - means a man -made structure, usually
an earthen embankment, designed and constructed in
accordance with sound engineering practices to contain,
control, or divert the flow of water so as to provide
protection from temporary flooding.
(18) 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.
(19) LOWEST FLOOR - means the lowest floor of the
lowest enclosed area (including basement). An un-
finished or flood resistant enclosure, usable solely
for parking of vehicles, building access or storage
in an area other than a basement area is not considered
a building's lowest floor; provided that such en-
closure 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.
(20) 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. For flood plain management purposes the
term "manufactured home" also includes park trailers,
travel trailers, and other similar vehicles placed
on a site for greater than 180 consecutive days.
For insurance purposes the term "manufactured home"
does not include park trailers, travel trailers,
and other similar vehicles.
(21) MEAN SEA LEVEL - means for purposes of the ,National
Flood Insurance Program, the National Geodetic Vertical
Datum (NGVD) of 1929 or other datum, to which base
flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
(22) NEW CONSTRUCTION means for flood plain management
purposes, structures for which the "start of construct-
ion" commenced on or after the effective date of a
flood plain management regulation adopted by a community.
(23) START OF CONSTRUCTION (for other than new
construction or substantial improvements under the
Costal Barrier Resources Act (Pub. L. 97- 348)), includes
substantial improvements and means the date the building
permit was issued, provided the actual start of
construction, repair, reconstruction, placement, or
other improvement was within 180 days of the permit
date. The actual start means either the first placement
of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of
a manufactured home on a foundation. Permanent
construction does not include land p•reparat: ion , 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.
(24) 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.
(25) SUBSTANTIAL IMPROVEMENT means any repair,
reconstruction, or improvement of a structure, the
cost of which equals or exceeds 50% of the market
value of the structure either, (1) before the improvement
or repair is started, or (2) if the structure has
been damaged and is being restored, before the damage
occurred. For the purpose of this definition "sub-
stantial improvement" is considered to occur when
the first alteration of any wall, ceiling, floor or
other structural part of the building commences, whether
or not that alteration affects the external dimensions
of the structure. The term does not, however, include
either (1) any project for improvement of a structure to
comply with existing state or local health, sanitary,
or safety code specifications which are solely necessary
to assure safe living conditions, or (2) any alteration
of a structure listed on the National Register of
Historic Places or a State Inventory of Historic Places.
(26) VARIANCE is a grant of relief to a person
from the requirements of this ordinance when specific
enforcement would result in unnecessary hardship.
A variance, therefore, permits construction or develop-
ment in a manner otherwise prohibited by this ordinance.
(For full requirements, see Section 60.6 of the National
Flood Insurance Program regulations.)
(27) VIOLATION means the failure of a structure
or other development to be fully compliant with the
community's flood plain management regulations. A
structure or other development without the elevation
certificate, other certifications, or other evidence
of compliance required in Section 60.3(b)(5), (c)(4),
(c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed
to be in violation until such time as that document-
ation is provided.
(28) WATER SURFACE ELEVATION means the height, in
relation to the National Geodetic Verticle Datum (NGVD)
of 1929 (or other datum, where specified), of floods
of various magnitudes and frequencies in the flood
plains of coastal or riverine areas.
ARTLCLE 7
GENERAL PROVISIONS
SECTION 13-86 LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall apply to all areas of special
flood hazards within the jurisdiction of the City
of Kennedale.
SECTION 13 -87 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 the City of Kennedale , TeX - a.s;:`. -. ,
dated May 15, 1984, with accompanying 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 13 -88 ESTABLI SHMENT OF DEVELOPMENT' PERMIT
A Development Permit shall- be required to ensure
conformance with the provisions of this ordinance.
SEC TION 13 -89 - 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 13 -90 - ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate,
or impair any existing easements, convenants, or deed
restrictions. However, where this ordinance and another
conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
SECTION 13 -91 - INTERPRETATION
In the interpretation and application of this ordinance,
all provisions shall be; (1) considered as minimum
requirements; (2) liberally construed in favor of - the
governing body; and (3) deemed neither to limit nor
repeal any other powers granted under State statues.
SECTION 13 -92 - WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance
is considered reasonable for regulatory purposes and is
based on scientific and engineering considerations. On
rare occasions greater floods can and will occur and
flood heights may be increased by man -made or natural
causes. This ordinance does not imply that land outside
the areas of special flood hazards or uses permitted
within such areas will be free from flooding or flood
damages. This ordinance shall not create liability on
the part of the community or any official or employee
thereof for any flood damages that result from reliance
on this ordinance or any administrative decision lawfully
made thereunder.
ARTICLE 8
ADMINISTRATION
SECTION 13 -93 - DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The City Administrator is hereby appointed the Flood-
plain Administrator to administer and implement the
provisions of this ordinance and other appropriate
sections of 44 CFR (National Flood Insurance Program
Regulations) pertaining to flood plain management.
SECTION 13 -94 - DUTIES & 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
ordinance.
(2) Review permit application to determine whether
proposed building site will be reasonably safe
from flooding.
(3) Review, approve or deny all applications
for 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 U.S.C. 1334) from
which prior approval is required.
(5) Where interpretation is needed as to the exact
location of the boundaries of the areas of special
flood hazards (for example, where there appears to be
a conflict between a mapped boundary and actual field
conditions) the Floodplain Administrator shall make
the necessary interpretation.
(6) Notify, in riverine situations, adjacent communi-
ties and the State Coordinating Agency which is The
Texas Water Commission, 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.
(B) When base flood elevation data has not been pro-
vided in accordance with Article 7, Section 13 -87,
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 9.
(9) When a regulatory floodway has not been "designated,
the Floodplain Administrator must require that no new
construction, substantial improvements, or other develop-
ment (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 pro-
posed 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.
SECTION 13 -95 - 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, 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 sustantially improved structures;
(b) Elevation in relation to mean sea level
to which any nonresidential structure shall be flood -
proofed;
(c) A certificate from a registered professional
engineer or architect that the nonresidential flood -
proofed structure shall meet the floodproofing criteria
of Article 9, Section 13 -98;
(d) Description of the extent to which any water-
course 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 8, Section 13- 94(1);
(2) Approval or denial of a Development Permit by
the Floodplain Administrator shall be based on all
of the provisions of this ordinance and the following
relevant factors:
(a) The danger to life and property due to flooding
or erosion damage;
(b) The susceptibility of the proposed facility
and its contents to flood damage and the effect of
such damage on the individual owner;
(c) The danger that materials may be swept onto
other lands to the .injury of others;
d. The compatibility of the proposed use with
existing and anticipated development;
e. The safety of access to the property in times
of flood - for ordinary and emergency vehicles;
f. The costs of providing governmental services
during and after flood conditions including main-
tenance and repair of streets and bridges, and public
utilities and facilities such as sewer, gas, electri-
cal and water systems;
g. The expected heights, velocity, duration, rate
of rise and sediment transport of the flood waters
and the effects of wave action, if applicable, ex-
pected at the site;
h. The necessity to the facility of a waterfront
location, where applicable;
i. The availability of alternative locations,
not subject to flooding or erosion damage, for the
proposed use;
j. The relationship of the proposed use to the
comprehensive plan for that area.
SECTION 13 -96 - VARIANCE PROCEDURES
(1) The Planning and Zoning Commission as established
by the City Council shall hear and render judgement
on requests for variances from the requirements
of this ordinance.
(2) The Planning and Zoning Commission shall hear
and render judgement on an appeal only when it is
alleged there is an error in any requirement, deci -
sion, or determination made by the Floodplain Admini-
strator in the enforcement or administration of
this ordinance.
(3) Any person or persons aggrieved by the deci -
sion of the Planning and Zoning Commission may appeal
such decision in the courts of competant jurisdict-
ion.
(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
or Historic
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 structures constructed
below the base flood level, providing the relevant
factors in Section 13 -95(2) of this Article have been
fully considered. As the lot size increases beyond
the one -half acre, the technical jurisdiction required
for issuing the variance increases.
(7) Upon consideration of the factors noted above
and the intent of this ordinance, the Planning and
Zonign Commission may attach such conditions to the
granting of variances as it deems necessary to further
the purpose and objectives of this ordinance (Article
5, Section 13 -83).
(8) Variances shall not be issued within any designated
floodway if any increase in flood levels during the
base flood discharge would result.
(9) Prerequisites for granting variances:
(a) Variances shall only be issued upon a deter-
mination 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 deter-
mination 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.
(10) Variances may be issued by a community for
new construction and substantial improvements and
for other development necessary for the conduct of a
functionally dependent use provided that (i) the
criteria outlined in Article B, Section 13 -96 (l)-
(9) are met, and (ii) the structure or other develop-
ment is protected by methods that minimize flood
damages during the base flood and create no additional
threats to public safety.
ARTICLE 9
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION 13 -97 - GENERAL STANDARDS
In all areas of special flood hazards the following
provisions are required for all new construction
and substantial improvements;
( 1 ) All new construction or substantial improve-
ments 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, venti -
lation, 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 infil -
tration of flood waters into the system;
(6) New and replacement sanitary sewage systems
shall be designed to minimize or eliminate - infil -
tration of flood waters into the system and discharge
from the systems into flood waters; and,
(7) On -site waste disposal systems shall be located
to avoid impairment to them or contamination from
them during flooding.
SECTION 13 -98 SPECIFIC STANDARDS
In all areas of special flood hazards where base
flood elevation data has been provided as set forth
in (i) Article 7, Section 13 -87, (ii) Article 8,
Section 13- 94(8), or (iii) Article 9, Sectionl3- 99(4),
the following provisions are required:
(1) Residential Construction- new construction
and substantial improvement of any residential structure
shall have the lowest floor (including basement),
elevated to two (2) feet 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 8, Section 13- 95(1)a., is
satisfied.
(2) Nonresidential Construction -new construction
and substantial improvements of any commercial,
industrial or other nonresidential structure shall
either have the lowest floor ( including basement)
elevated to two (2) feet above the base flood level
or together with attendent utility and sanitary
facilities, be designed so that below the base flood
level the structure is watertight with walls sub-
stantially impermeable to the passage of water and
with structural componets having the capability of
resisting hydrostatic and hydrodynamic loads and effects
of bouyancy. 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 elevations
(in relation to mean sea level) to which such structures
are floodproofed shall be maintained by the Flood
Plain Administrator.
(3) Enclosures- new construction and substantial
improvements with fully enclosed areas below the lowest
floor that are subject to flooding shall be designed
to automatically equalize hydrostatic flood force's
on exterior walls by allowing for the entry and exit
of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional
engineer or architect or meet or exceed the following
minimum criteria:
a. A minimum of two openings having a total
net area of not less than one square inch for every
square foot of enclosed area subject to flooding
shall be provided.
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 flood-
waters.
(4) Manufactured Homes -
a. Require that all manufactured homes to be
placed within Zone A, shall be installed using methods
and practices which minimize flood damage. For the
purpose of this requirement, manufactured homes must
be elevated and anchored to resist flotation, collapse,
or 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 addi-
tion to applicable State and local anchoring require-
ments for resisting wind forces.
b. All manufactured homes shall be in compliance
with Article 9, Section 13 -98 (1).
c. Require that all manufactured homes to be
placed or substantially improved within Zones A1-
30, AH and AE on the community's FIRM be elevated
on a permanent foundation such that the lowest floor
of the manufactured home is at or above the base
flood elevation; and be securely anchored to an
adequately anchored foundation system in accordance
with the provision of Section 13 -98 (4) of this Arti-
cle.
SECTION 13 -99 - STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals including manufactured
home parks and subdivisions shall be consistent with
Article 5, Sections 13 -82, 13 -83, and 13 -84 of this
ordinance.
( 2 ) All proposals for the development of sub -
divisions including manufactured home parks and sub -
divisions shall meet Development Permit requirements
of Article 7, Section 13 -88; Article 8, Section 13 -95;
and the provisions of Article 9 of this Chapter.
0
(3) Base flood elevation data shall be generated
for subdivision proposals and other proposed develop-
ment including manufactured home parks and subdivi -
sions which are greater than 30 lots or 3 acres,
whichever is lesser, if not otherwise provided pur-
suant to Article 7, Section 13 -87 or Article 8, Sec-
tion 13 -94 (8) of this Chapter.
(4) All subdivision proposals including manufactured
home parks and subdivisions shall have adequate
drainage provided to reduce exposure to flood hazards.
(5) All subdivision proposals including manufactured
home parks and subdivisions shall have public uti -
lities and facilities such as sewer, gas, electri -
cal and water systems located and constructed to
minimize or eliminate flood damage.
SECTION 1 -_1 - STAN FOR AREAS OF SHALLOW
FLOODING (AO /AH ZONES
Located within the areas of specia1 flood hazard
established in Article 7, Section 13 -82 are areas
designated as shallow flooding. These areas have
special flood hazards associated with base flood
depths of 1 to 3 feet where a clearly defined channel
does not exist and where the path of flooding is
unpredictable and where velocity flow may be evident.
Such flooding is characterized by ponding or sheet
flow; therefore, the following provisions apply;
(1) All new construction and substantial improvements
of residential structures have the lowest floor
(including basement) elevated above the highest
adjacent grade at least as high as the depth number
specified in feet on the community's FIRM (at least
two feet if no depth number is specified).
(2) All new construction and substantial improvements
of nonresidential structures;
(i) have the lowest floor (including basement)
elevated above the highest adjacent grade at least
as high as the depth number specified in feet on
the community's FIRM (at least two feet if no depth
number is specified), or;
(ii) together with attendant utility and.sani-
tary facilities be designed so that below the base
flood level the structure is water tight with walls
substantially impermeable to the passage of water
and with structural components having the capability
of resisting hydrostatic and hydrodynamic loads of
effects of buoyancy.
(3) A registered professional engineer or archi-
tect shall submit a certification to the Floodplain
Administrator that the standards of this Section,
as proposed in Article 8, Section 13 -95 (1)a., are
satisfied.
(4) Require within Zones AH and AO adequate
drainage paths around structures on slopes, to guide
flood waters around and away from proposed structures.
SECTION 13 -1'01 - FLOODWAYS
Floodways - located within areas of special flood
hazard established in Article 7, Section 13 -87, are
areas designated as floodways. Since the floodway
is an extremely hazardous area due to the velocity
of flood waters which carry debris, potential pro-
jectiles and erosion potential, the following pro-
visions shall apply;
(1) Encroachments are prohibited, including fill
new construction, substantial improvements and other
development unless certification by a professional
registered engineer or architect is provided demon-
strating that encroachments shall not result in any
increase in flood levels within the community during
the occurrence of the base flood discharge.
(2) If Article 9, Section 13 -101 ( 1 ) above is
satisfied, all new construction and substantial
improvements shall comply with all applicable flood
hazard reduction provisions of Article 9.
Art. 10 Penalties for Violations
Sec. 13 -102 Penalties for violations
Any person, firm or corporation violating any of the provisions
of this ordinance shall be deemed guilty of a misdemeanor, and
upon conviction shall be fined any sum not to exceed one thousand
dollars ($1,000.00). Each day that a violation hereof continues
shall be deemed to constitute a distinct and separate offense.
This provision for fine shall be in addition to and cumulative
of any and all other remedies available to the City of Kennedale
at law or in equity to prevent or stop the violation hereof, wheth—
er civil or criminal in nature. (Ord. 8L� -23, Art. 6, 11- 8 -84.)
�v.
PASSED IN OPEN SESSION of the City Council of the City
of Kennedale, Texas, this the 9th day of April, 1987.
Approved:
Mayor Steve Radakovich
Attest:
Gala L. i k City S cre ar