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O432 ORDINANCE NO. 432 AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, REPF,ALING ARTICLE IV OF CHAPTER 17 "FLOOD DAMAGF. PREVENTION" OF THE KENNEDALE CITY CODE (1991), AS AMENDED, BY REPLACING IT WITH A NEW ARTICLE IV IN CHAPTER 17 "FLOOD DAMAGE PREVENTION," WHICH ADOPTS NEW FEDERAL EMERGENCY MANAGF.MF,NT AGENCY FLOOD PREVENTION STANDARDS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVF.RABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Federal Emergency Management Agency (FEMA) has published standards for flood damage prevention; and WHEREAS, as a participant in the FEMA Flood Insurance Program, the City must adopt FEMA Hood damage prevention regulations. !SOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. -that Article IV of Chapter 17 "Flood Damage Prevention" of the Kennedale City Code is hereby repealed in its entirety and replaced with a new Article IV, Chapter 17 "Flood Damage Prevention," which shall read as follows: 11.1CITY l ~ 0.1NCIL\ORDINANCF.S\2009 Ordinances\Ordinancc No. 432, FEMA FLood Damage Prevention.doc Page "ARTICLE IV. FLOOD DAMAGE PRF,VENTION DIVISION 1. GENERAL Sec. 17-101. Statutory authorization. l'hc Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.3]5, delegated the responsibility of Local governmental units to adopt regulations designed to minimize flood losses. Sec. 17-102. Findings of fact. (a) The flood hazard areas of the City 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. (bl 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 hazard areas b~ uses vulnerable to floods and hazardous to other lands because they are inadequately elevated. floodproofed or otherwise protected from flood damage. Sec. 17-103. Statement of 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; (21 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; (61 Help maintain a stable tax base by providing for the sound use and development of tood-prune areas in such a manner as to minimize future flood-blighted areas; and (71 Insure that potential buyers are notified that property is in a flood area. I I:`~CITY (~ ~UNCIL`,ORDINANCES\2009 Ordinances\Ordinance No. 432, FEMA E''Lood Damage Prevenlion.doc Page 2 Sec. 17-104. Methods of reducing flood losses. In order to accomplish its purposes, this Article: (11 Restricts or prohibits uses that are dangerous to health, safety or property in times of tlood. or cause excessive increases in flood heights or velocities;. (2) Requires that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (31 Controls the alteration of natural floodplains, stream channels, and natural protective barriers. which are involved in the accommodation of flood waters; (4) Controls filling, grading, dredging and other development which may increase flood damage: (S) Prevents or regulates the construction of flood barriers which will unnaturally divert Hood Y+aters or which may increase flood hazards to other lands. Sec. 17-1U5. Definitions. Unless specifically defined below, words or phrases used in this Article shall be interpreted to give them the meaning they have in common usage and to give this Article its most reasonable application. Alluvia! Fan Flooding -means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. 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. Appurtenant ,Structure - means a stntcture which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. Area of Future Conditions Flood Hazard -means the land area that would be inundated by the 1-percent-annual chance (100 year) flood based on future conditions hydrology. .9rea ol.Shallow Flooding - means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent (1%) or greater annual chance of flooding to an average depth of one to three feet (1' - 3') where a clearly defined I I:\CITY' C~ ~UNCIL\ORDI1vANCES\2009 Ordinancesl0rdinance No. 432, FEMA FLood Damage Prevention.doc Page 3 channel does not exist, where the path of flooding is unpredictable and where velocity flow may he evident. Such flooding is characterized by ponding or sheet flow. Areu of Special Flnod Hazard - is the land in the floodplain within a community subject to a one percent (1 %) or greater chance of flooding in any given year. The area may be designated as "Lone A on the Flood Hazard Boundary Map (FIIBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH. Al-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V. Base F/nnd -means the flood having a one percent (1%) chance of being equaled or exceeded in any given year. Base Flood Elevation (BFE) -The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, Al-A30, AR, V1-V30. or VE that indicates the water surface elevation resulting from the flood that has a one percent (1%) chance of equaling or exceeding that level in any given year -also called the Base Flood. Basement -means any area of the building having its Moor subgrade (below ground level) on all sides. Breakairay Wall - means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. Criticu! h'euture -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. Develupment -means any man-made change to 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, for insurance purposes, anon-basement building, which has its lowest elevated Moor, raised above ground level by foundation walls, shear walls, posts, piers, pilings. or columns. Existin,~~ Construction -means for the purposes of determining rates, structures for which the "start ol~ construction" commenced before the effective date of the FIRM or before January 1, 1975. t~~r FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." Existin,~r 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 of utilities, the I I,~CITY C ~ ~UNCIUORDINANCES12009 Ordinances\Ordinance No. 432, FEM.A FLood Damage Prevention.doc Page 4 construction of streets, and either final site grading or the pouring of concrete pads) is completed hefore the effective date of the floodplain management regulations adopted by a community. Expansrun to an Existing Manufactured Home Park or Suhdivision -means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (includnig the installation of utilities, the construction of streets, 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 overflow of inland or tidal waters. (?)the unusual and rapid accumulation or runoff of surface waters from any source. Flood F'levation Study -means an examination, evaluation anu determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Flood Insurance Rate Map (FIRM) - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community. Flood Insurance Study (FIS) -see Flood Elevation Study Floodp/crin or Flood-Prone Area -means any land area susceptible to being inundated by water from an.' source (see definition of flooding). H'loodplerin 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. Floodpluin 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 teen 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 authori-red, appropriated, and expended and which have been constructed specifically to modify tloodinc in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. "fhcse specialized flood modifying works are those constructed in conformance with sound engineering standards. I I:\CITY C~ ~UNCIL\ORDTNANCES\2009 Ordinances\Ordinance No. 432, FEMA Flood Damage Prevention.doc Page 5 Flood f'roojing -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. FloodN~uy -see Regz~latory Floodway Fzrnctiuzzally 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. Highest Adjacent Grade -means the highest natural elevatio,i of the ground surface prior to construction next to the proposed walls of a structure. I~isvoric Strz~cture -means any structure that is: (1> Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (21 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; (3 J Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; 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 of the Interior or; (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 of water so as to provide protection from temporary flooding. f.evee .5vstem - 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. /,oti+~esl 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 H:\CITY Cc ~UNCII.IORDINANCES\2009 Ordinances\Ordinance No. 432, FF,MA PLood Damage Prevention.doc Page 6 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 X0.3 of the National Flood Insurance Program regulations. A~Ianuferctured Home - means a structure transportable in one or more sections, which is built on a pern~anent chassis and is designed for use with or without a pern~anent foundation when connected to the required utilities. The term '`manufactured home" does not include a "recreational vehicle'°. ;vlanufirrtured Home Park or Subdivision - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. ;dean ,ti'ea Level -means, for purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown un a community's Flood Insurance Rate Map are referenced. r'Vew C'unstruction -means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after Decemher i 1. 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 effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. .Vew ~1rlunufactured 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 he 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 toodplain management regulations adopted by a community. Kecreational Vehicle - means a vehicle which is (i) built on a single chassis; (ii) four hundred (400) square feet or less when measured at the largest horizontal projections: (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters fcr recreational, camping, travel, or seasonal use. ReRulamry Flondway -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. River•inC~ -means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Special Flood Hazard Area -see Area of Special Flood Hazard H:1Cn'Y C~ ~UNCIL\ORDINANCES\2009 OrdinanceslOrdinance No. 432, FEMA FLood Damage Prevention.doc Page 7 .Start of Construction - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structwr on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling.. floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure -means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. ,Suhstanriul Damage -means damage of any origin sustained by a structure whereby the cost of restorin~~ the structure to its before damaged condition would ectaal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. .S'uhstantial Improvement - means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "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 to assure safe living 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." Varianrr - means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) Violation -means the failure of a structure or other development to be fully compliant with the community's 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)(~), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) of the National Flood Tnsurance Program regulations is presumed to be in violation until such time as that documentation is provided. 11:1CITY C~ ~UNCIL\ORDINANCES12009 Ordinances\Ordinance No. 432, COMA FLood Damage Preventioadoc Page S Water Surface Elevation -means the height, in relation to the North American Vertical Datum (NAVDI of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. Sec. 17-106 through 17-125 Reserved.) DIVISION 2. ADMINISTRATION AND ENFORCEMENT Sec. 17-126. Application. Phis Article shall apply to all areas of special flood hazard within the jurisdiction of the City of Kennedale. Sec. 17-127. Basis for establishing an area of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in the cun~ent scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Tarrant County, Texas And Incorporated Areas," dated September 25, 2009, with accompanying Flood Insurance Rate Maps dated September 25, 2009, and any revisions thereto are hereby adopted by reference and declared to be a part of this Article. Sec. 17-128. Development permit required. A Floodplain Development Permit shall be required to ensure conformance with the provisions of this Article. Sec. 17-129. Compliance. No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Article and other applicable regulations. Sec. 17-130. Abrogation and greater restrictions. 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 shall prevail. Sec. 17-131. Interpretation. In the interpretation and application of this Article, all provisions shall be; (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. Sec. 17-132. Warning and disclaimer of liability. n:1CITY C~ tUNCIU,ORDINANCES`,2009 Ordinances~Ordinance Nn. 432; PGMA Flood Damage Prevention.doc Page 9 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 Hoods 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 of the community or any official or employee thereof for any flood damages that result from reliance on this Article or any administrative decision lawfully made hereunder. Sec. 17-133 through 17-150 Reserved. DIVISIO_V 3. ADMINISTRATION AND FNFORCFMENT Sec. 17-151. Designation of the floodplain administrator. The Cite Manager or his/her designee is hereby appointed the Floodplain Administrator and shall administer and implement the provisions of this Article and other appropriate sections of 44 CFR 59.1 rt. seq. (>Jmergency Management and Assistance -National Flood Insurance Program Regulations) pertaining to floodplain management. Sec. 17-i52. Duties & responsibilities. Duties and responsibilities of the Floodplain Administrator shall. include, but are not limited to, the following: { 1 > Maintain and hold open for public inspection all records pertaining to the provisions of this Article. (2) Review permit applications to determine whether to ensure that the proposed building site prc~iect, including the placement of manufactured homes, will be reasonably safe from flooding. (~ 1 Review, approve or deny all applications for development permits required by adoption of this :\rticle. (41 Review pern-lits 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. (51 Where interpretation is needed as to the exact location of the boundaries of the areas of special Hood 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. I I:\CITY C i ~UNCIUORUINANCES~009 Ordinuncesl0rdinance No. 432, FEMA FLood Damage Prevention.doc Paee 10 (61 Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Development Board (TWDB) and also the Texas Commission on Environmental Quality (TCEQ). prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (71 Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (81 When base flood elevation data has not been provided in accordance with Article Il, Sec. ;8-11, 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 Division 4. (9 J 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, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (10) Under the provisions of 44 CFR Chapter 1, Section 65.12; of the National Flood Insurance Program regulations, a community may approve certain development in Zones Al-30, AE, AI I. on the community's FIRM which increases the water surface elevation of the base flood by more than one foot (1'), provided that the community first completes all of the provisions required by Section 65.12. Sec. 17-153. Permit procedures. (ai Application for a Floodplain 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 lollowing information is required: (1) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all 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 floodproofed structure shall meet the floodproofing criteria of Division 4, Sec. 17- 176(2): I I \CITY Ct ~UNCIUORDINANCF.S\2009 Ordinances\Ordinance No. 432, FEM.4 F'Lood llamage Prevention.doc Page 1 l (4) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; (5) Maintain a record of all such information in accordance with Division 3, Sec. 17- 152(1): (b) Approval or denial of a Floodplain Development Permit by the Flooplain Administrator shall be based on all of the provisions of this Article and the following 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 of such damage on the individual owner; (3) The danger that materials may be swept onto other lands to the injury of others; (4) The compatibility of the proposed use with existing and anticipated development; (5) The safety of access to the property in times of flood for ordinary and emergency vehicles: (6) The costs of providing governmental services during and alter 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 of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (8) The necessity to the facility of a waterfront location, where applicable; (9) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. Sec. 17-154. Variance procedures. (a) 1'he Appeals Board, as established by the community, shall hear and render judgment on requests for variances from the requirements of this Article. (b) The Appeals Board shall hear and render judgment on an appeal only when it is alleged there i, an error in any requirement. decision, or determination made by the Floodplain administrator in the enforcement or administration of this Article. (c) .Any person or persons aggrieved by the decision of the Appeals Board may appeal such decision in the courts of competent jurisdiction. k I:\CIIY (~ ~UNCIL~ORDINANCES~2009 OrdinanceslOrdinance No. 432, PGMA FLood Damage Prcvention.doc Page 12 (d) 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. (e 1 Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this, Article. (f) Variances may be issued 1'or new construction and substantial improvements to be erected on a lot of 1/2 acre or Icss in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in subsection (2) of this section have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases. (g) Upon consideration of the factors noted above and the intent of this Article, the Appeals Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this Article as set forth in Division 1, Sec. 17-103. (h) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (i) 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. (j) 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: (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. (3) 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 resultinc from the reduced lowest floor elevation. (k) 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 subsections (a)-(i) of this section 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. H `,CITY C~ ~UNCIL`,ORDINANCES12009 Ordinances~Ordinance Nn. 432, FEMA PLood Damage Preven[ion.doc Page 13 Sec. 17-155 through 17-174 Reserved.] llIVISION 4. FLOOD HAZARD REDUCTION Sec. 17-175. General standards. In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: (1 > All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2> All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating. ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters: and (71 On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. Sec. 17-176. Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Division 2, Sec. 17-127, Division 3, Sec. 17-152(8) or Division 4, Sec. 17-177(c), the following provisions are required: (1) Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest Moor (inchding basement), elevated to two feet (2') above the base flood elevation. A registered professional engineer, architect, or land surveyor I1:1C'ITY (~ ~UNCIL\ORDINANCF,S\2009 Ordinances\Ordinancc No. 432, FEMA Flood Damage Preventioadoc Page 14 shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Division 3, Sec. 17-153(a)(1), is satisfied. (21 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 feet (2') 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 structw~al 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 arc in accordance with accepted standards of practice as outlined in this suhsection. 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. (31 Enclosures -new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of toodwaters. 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 (2) openings on separate walls having a total net area of not less than one (1) 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 (1') 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. (~I) Manufactured Homes (a) Require that all manufactured homes to be placed within Zone A on a community's FHSM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use ofover-the-top or frame ties to ground anchors. "Phis 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 A 1-30, 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 H:~CITY c ~ ~UNCILIORDINANCtiS\2009 Ordinances\Ordinance No. 432, FGMA Flood llamage Prevention.doc Page I S 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 two feet (2') 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 Al-30, All and AE on the comm~u~ity's FIRM that are not subject to the provisions of subsection (4) of this section be elevated so that either: (i) the lowest floor of the manufactured home is at two feet (2') above the base Hood 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 thirty-six inches (36") in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (51 Rec~°eatiorral Vehicles -Require that recreational vehicles placed on sites within Zones Al-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 Division 3, Sec. 17-153(a), and the elevation and anchoring requirements for "manufactured homes" in subsection (4) of this section. A recreational vehicle is ready for highwa} 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. Sec. 17-177. Standards for subdivision proposals. (a) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Division 1, Sec. 17-102, 17-103, and 17-104. (b 1 All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Division 2, Sec. 17-128; Division 3, Sec. 17-152(8); and the provisions of Division 4. (cl Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Division 2, Sec. 17-127 or Division 3, Sec. 17-152(8). (d> Base flood elevation data shall be generated by a detailed engineering study for all Zone A areas. within one hundred feet (100') of the contour lines of Zone A areas, and other streams not mapped by FEMA, as indicated on the commtmity's FIRM. f I:\CI"1'Y (~ ~UNCILIORDINANCES\2009 Ordinanccs~Ordinance Nu. 432.. FEMA Flood Damage Prevention.doc Paee 16 (e) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (f) 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 svstems located and constructed to minimize or eliminate flood damage. Sec. 17-178. Standards for areas of shallow flooding (AO/AH Zones). Located within the areas of special flood hazard established in Division 2, Sec. 17-127, are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of one to three feet (1' - 3') where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity Ilow 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 to two feet (2') above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM 1 at least two feet (2') if no depth number is specified). (2) All new construction and substantial improvements of non-residential structures; (a) have the lowest floor (including basement) elevated to two feet (2') above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet (2') if no depth number is specified), or (b) together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the Base Flood Elevation in an AH Zone, level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Division 3, Section 17-153 are satisfied. (4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to ~~uidc flood waters around and away from proposed structures. Sec. 17-179. Floodways. Floodways located within areas of special flood hazard established in Division 2, Sec. 17-128, are areas designated as Foodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the lollowing provisions shall apply: I I:\CITY C ~ ~UNCILIORDINANCES`1009 Ordinances\Ordinance No. 432, FEMA FLood Damage Prevention.doc Page 17 (1) 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 of the base flood discharge. (21 If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article. (3 i Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program 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 completes all of the provisions required by Section 65.12." SECTION 2. PROVISIONS CUMULATIVE BUT CONFLICTING ORDINANCES REPEALED phis Ordinance shall be cumulative of all provisions of all existing ordinances and of the Code of Ordinances of the City of Kennedale, Texas (199]), as amended, including but not limited to all Ordinances of the City of Kennedale affecting flood prevention, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 3. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences. paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining, phrase, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. PENALTY r~ny person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be tined no more than "1"wo Thousand Dollars and no cents ($2,000.00) for each violation, and in addition shall pay all costs and expenses involved in the case. Each day a violation occurs is a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. H:\C'ITY C~ ~UNCIL\ORDINANCES12009 Ordinances\Ordinance No. 432, FEMA Flood llamage Prevenlioadoc Page 1 R J t SECTION 5. PREVIOUSLY ACCRUING RIGHTS AND REMEDIES SAVED All rights and remedies of the City of Kennedale, Texas, are expressly saved as to any and all violations of any ordinances affecting flood prevention and protection, which havc accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. PUBLICATION I'he City Secretary of the City of Kennedale is hereby dirceted to publish the caption penalty clause publication clause and effective date clause of this ordinance in every issue of the official newspaper of the City of Kennedale for two days or one issue of the newspaper if the official newspaper is a weekly newspaper as authorized by Section 3.10 of the City of Kennedale Charter. SECTION 7. EFFECTIVE DATE phis Ordinance shall be in fitll force and effect from and after September 25, 2009, and it is so ordained. PASSED AND APPROVED ON THiS 13th DAY OF August, 2009. `` `,~1OF~KEN~~<'~~'' .~ ... _. ~~~F #; _ t;r -i /:y , •~ ,[y °.;~-V~~ '• :, ~ ~' g~yy~.~+ L~,klu, st Bryan Lankhorst, '.Mayor ATTEST: ~~fa2 ~e~~t~r/ Kathy Turner, City Secretary APPROVED AS TO FORM AND LEGALITY: ~k o..~ Wayne K. Olson, City Attorney n:\CITY' Ct ~UNCIt.\ORllINANCES\2009 Ordinances\Ordinance No. 432, FEMA FLood Damae Prevention.doc Pagc 19