Loading...
Ord 631 Amending Chapter 42 Floodplain adopting new rate mapsTOWN OF WESTLAKE ORDINANCE NO. 631 AMENDING THE WESTLAKE CODE OF ORDINANCES CHAPTER 42, ARTICLE II FLOODPLAIN, SECTIONS 42-31 THROUGH 42-41; AMENDING THE FLOODPLAIN ORDINANCE TO ADOPT THE REVISED FLOOD INSURANCES RATE MAPS AND FLOOD INSURANCE STUDY; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake recognizes the need to protect citizens from flooding; and WHEREAS, the Town of Westlake's Town Council finds that the Federal Emergency Management Agency's revised Flood Insurance Rate Maps and Flood Insurance Study provides the Town an instrument in which to protect its citizens; and WHEREAS, the revised maps and study are crucial to the provision of emergency services; and WHEREAS, The Town of Westlake Town Council desires to amend Ordinance 512 by creating a new "Attachment A", attached hereto and incorporated herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 42, Article II Floodplain, Sections 42-31 through 42-41 of the Town of Westlake Code of Ordinances, as amended, is hereby amended by creating a new Attachment "A" which is attached hereto and incorporated herein. SECTION 3: That all provisions of Ordinance 512 not hereby amended shall remain in full force and effect. SECTION 4: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION b: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of Ordinance 631 Page 1 of 15 Attachment "A" ARTICLE II. FLOODPLAIN* Cross references Floodplain areas, § 102-64. Sec. 42-31. Statutory Authority, Findings of Fact, and Purpose. (a) Statutory authorization. The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the Town Council of the Town of Westlake, Texas does ordain as follows: (b) Findings of fact. (1) The flood hazard areas of the Town of Westlake 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 hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. (c) 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; (a) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood -prone areas in such a manner as to minimize future flood blight areas; and (7) Ensure that potential buyers are notified that property is in a flood area. Sec. 42-32. Applicability. Ordinance 631 Page 3 of 15 This article applies to all areas of special flood hazard within the Town limits of the Town . Within the Town's extraterritorial jurisdiction, this article applies only to platting. The Town will not approve a final plat that does not conform to the minimum Federal Emergency Management Agency regulations regarding floodplain management. Sec. 42-33. Methods of reducing flood losses. This article provides for the following, consistent with achieving the purposes set forth in section 42-31: (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; (6) To use any other method reasonably calculated to accomplish the purpose of this article and to promote the public health, safety, and general welfare. Sec. 42-34. Definitions. Unless specifically defined below, words or phrases used in this article shall be given their common meaning and construed to effect a reasonable interpretation of this article. Alluvial 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 structure 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. Area of shallow flooding means a designated AO, AH, ARIAO, ARIAH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of special flood hazard is the land in the floodplain within a community subject to a 1 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 Ordinance 631 Page 4 of 15 FIRM, Zone A usually is refined into Zones A, AO, AH, A11-30, AE, A99, AR, AR/Al-30, AR/AE, AR/AO, AR/AH, ARIA, VO, V1-30, VE or V. Base flood means the flood having a 1 percent 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, WNW, or VE that indicates the water surface elevation resulting from the flood that has a 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 floor subgrade (below ground level) on all sides. Breakaway 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. Critical feature means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. Development 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, a non -basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. 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." 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. Flood elevation study means an examination, evaluation and 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 see Flood Elevation Study Floodplain or flood -prone area means any land area susceptible to being inundated by water from any source (see definition of flooding). Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion Ordinance 631 Page 5 of 15 control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. Flood protection system means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the 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. These specialized flood modifying works are those constructed in conformance with sound engineering standards. Flood proofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodway see Regulatory Floodway 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. Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic Structure means any structure that is: (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; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (i) By an approved state program as determined by the Secretary of the Interior or; (ii) Directly by the Secretary of the Interior in states without approved programs. 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. Levee system means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. Ordinance 631 Page 6 of 15 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. New construction means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. Recreational vehicle means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. 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. Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Special flood hazard area see Area of special flood hazard 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 structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 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. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent 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." Variance 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.) Ordinance 631 Page 7 of 15 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 this ordinance is presumed to be in violation until such time as that documentation is provided. Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. Cross references: Definitions generally, § 1-2. Sec. 42-35. General provisions. (a) Lands to which this ordinance applies. The ordinance shall apply to all areas of special flood hazard with the jurisdiction of the Town of Westlake, Texas. (b) Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by FEMA, with accompanying flood insurance rate maps and flood boundary- floodway maps or any amended or supplementary maps, or any comparable or similar map which is a substitute or replacement thereof, as well as any revisions thereto, are hereby adopted by reference and declared to be a part of this article. (c) Establishment of floodplain development permit. A floodplain development permit shall be required to ensure compliance with the provisions of this article. (d) Compliance. No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. (e) Abrogation and greater restrictions. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (f) Interpretation. In the interpretation and application of this ordinance, all provisions shall be; (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. (g) Warning and disclaimer 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 hereunder. Sec. 42-36. Administration. (a) Floodplain administration. The Town engineer is responsible for administering, interpreting and implementing the provisions of this article. Ordinance 631 Page 8o'f15 (b) Duties and responsibilities of the local floodplain administrator. Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following: (1) Maintain all records pertaining to the provisions of this ordinance. (2) Review permit applications to determine whether proposed building sites will be reasonably safe from flooding. (3) Review and approve or deny all applications for development permits required by adoption of this ordinance. (4) Review permits for proposed development within a floodplain to require 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 USC 1334) from which prior approval is required. (5) Review all applications for permits for development within a floodplain to determine if the proposed development is located in the floodway. If located in the floodway, ensure that the encroachment provisions of section 42-40 are met. (6) Interpret as needed 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. The floodplain administrator shall make such determinations in a reasonably prudent manner. When any such interpretation results in a determination that an area is not a special flood hazard, the issuance of any building permits for any part of the area subsequent thereto shall be subject to the applicant's agreement to indemnify, hold harmless, and defend the Town and the floodplain administrator for any adverse consequences resulting from or related to such a determination. (7) Notify, in riverine situations, adjacent communities and the state natural resource conservation commission, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (S) Ensure that the flood -carrying capacity within the altered or relocated portion of any watercourse is maintained or increased. (9) When base flood elevation data has not been provided in the maps referenced in subsection 42-35(a) for an area within the jurisdiction of the Town , the floodplain administrator shall obtain, review and utilize to the extent possible, any base flood elevation data and floodway data available from a federal, state or other source. (10) 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. (11) Grant variances consistent with the provisions of section 42-39, variance procedures. (12) 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, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the community first completes all of the provisions required by Section 65.12. Cross references: Administration, ch. 2 Ordinance 631 Page 9 of 15 Sec. 42-37. Floodplain development permit procedures. (a) Floodplain development permit. A floodplain development permit shall be required. A floodplain development permit shall be issued by the Town for all proposed development in an area of special flood hazard. (b) Application. Application for a floodplain development permit shall be presented to the Town manager or his designee on forms furnished by him/her and shall 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 proposed landscape alterations, existing and proposed structures in relation to areas of special flood hazard, provided that all application for such development comply with the requirements of section 82-303. Additionally, the following information is required: (1) A permit is required for all proposed development including single structures in any area of special flood hazard. Any development in a floodplain will comply with the floodplain regulations and provisions of section 82-303. Vegetation shall not be removed or injured within the special flood hazard area without written authorization in advance from the Town manager or his designee which may be granted if the request is in conformance with a landscape plan approved by the Town ; or as a result of routine maintenance of the vegetation such as trimming or cutting designed to maintain the healthy or attractive growth of the vegetation, or as a result of routine maintenance of the area in order to maintain the floodwater conveyance capacity of the floodplain performed; (2) Elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures; (3) Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; (4) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of this ordinance; (5) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; and (6) Maintain a record of all such information in accordance with this ordinance (c) Approval or denial. Approval or denial of a floodplain development permit by the Town manager or his designee shall be based on all of the provisions of this ordinance and section 82-303 and the following relevant factors: (1) The danger to life and property due to flooding or erosion damage, based on a fully developed watershed; (2) The amount and degree of alteration of floodplain boundaries, and the degree to which a natural appearing floodplain is preserved and integrated into the development; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;. Ordinance 631 Page 10 of 15 (4) The danger that materials may be swept onto other lands to the injury of others; (5) The compatibility of the proposed use with existing and anticipated development; (6) The safety of access to the property in times of flood for ordinary and emergency vehicles; (7) 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; (8) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and effects of wave action, if applicable, expected at the site; (9) The necessity to the facility of a waterfront location where applicable; (10) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and (11) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area. (d) Fee. The required fees shall be as referenced in the Town's fees and use schedule (Ord. No. 512, § 13, 4-23-2007) Sec. 42-38. Provisions for flood hazard reduction. (a) Genera! standards. In all areas of special flood hazards, the following provisions are required for new construction and substantial improvements: (1) New construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent floatation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy,- (2) uoyancy; (2) New construction or substantial improvements shall not be allowed in the floodplain, but where a variance may be granted for a nonhabitable recreation oriented structure, they shall be constructed by methods and practices that minimize flood damage and impact on drainage flows; (3) All new construction or substantial improvements shall be constructed by materials resistant to flood damage; (4) On-site waste disposal systems shall not be located within floodplain boundaries. (5) 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; (6) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; ordinance 631 Page 11 of 15 (7) 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, (8) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (b) Specific standards for habitable structures. In all areas of special flood hazards where base flood elevations data has been provided as set forth in this ordinance, 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 not less than two (2) feet above the base flood elevation, taking into account the effects of full development of the watershed. A registered surveyor shall submit a certification to the building official and Town engineer that this standard has been met. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood - proofed shall be maintained by the building official and Town engineer. (2) Non-residential construction. New construction and substantial improvements of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement elevated to not less than two (2) feet above the base flood level taking into account the effects of future urbanization or, together with attendant utility and sanitary 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 or resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered surveyor shall submit a certification to the building official and Town engineer that this standard has been met. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood -proofed shall be maintained by the building official and Town engineer. (3) Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (i). A minimum of two openings on separate walls 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. (ii). The bottom of all openings shall be no higher than 1 foot above grade. (iii). Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (c) Standards for subdivisions. All subdivision proposals shall comply with the provisions of this article. Ordinance 631 Page 12 of 15 (d) Standards for streets, drainage, and utilities. (1) The finished elevation of proposed streets shall be at least two feet above the base flood elevation. (2) Where necessary, profiles and elevations of streets may be required to determine compliance with this requirement. (3) Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights. (4) Storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. (5) The system shall insure drainage at all points along streets, and provide positive drainage away from buildings and on-site waste disposal sites. (6) The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. (Ord. No. 512, § 13, 4-23-2007) Sec. 42-39. Variance procedures. (a) Generally. The applicant may request a variance from the Town Council by filing such request with the Town. The Town may grant a variance only upon finding that: (1) The variance is the minimum necessary, considering the special flood hazard, to afford relief; (2) The variance meets the findings necessary for granting of a variance in chapter 26, article 11, division 2; (3) Failure to grant the variance would result in exceptional hardship to the applicant; and (4) Granting the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or create nuisances; (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state equivalent without regard to the procedures set forth in this article; and, (6) Variances shall not be issued within any designated floodway. (b) Maintenance of records. The building official and Town engineer shall maintain a record of all variances to the requirements of this article and shall report such variances, upon request, to the Federal Emergency Management Agency. (Ord. No. 512, § 13, 4-23-2007) Sec. 42-40. Encroachments in floodways restricted. Ordinance 631 Page 13 of 15 Located within areas of special flood hazard established in section 42-35 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions shall apply: (a) Encroachments are prohibited including fill, new construction, substantial improvements and other development unless an approved technical evaluation by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed encroachments when combined with all other existing and anticipated development and encroachment shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge. (b) If the provisions of the subsection (1) of this section are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of section 42-38, flood hazard reduction. Sec. 42-41. Appeal procedures. (a) Generally. Appeals may be taken from a requirement, decision, or determination made by the Town engineer in the enforcement or administration of this ordinance to the Town Council. The appeal shall be filed with the Town engineer. The Town Council may attach such conditions to the granting of such appeal as it deems necessary to further the purpose and objectives of this article. (b) Record maintained. The Town engineer shall maintain a record of all appeals taken pursuant to this section. (c) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. (d) Variances may be issued for new construction and substantial improvements to be erected on a lot of 112 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 this ordinance have been fully considered. As the lot size increases beyond the 112 acre, the technical justification required for issuing the variance increases. (e) Upon consideration of the factors noted above and the intent of this ordinance, the Town Council may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance. (f) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (g) 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. (h) 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. Ordinance 631 Page 14 of 15 (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 resulting from the reduced lowest floor elevation. (i) 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 this ordinance 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. Ordinance 631 Page 15 of 15 competent jurisdiction, such legal invalidity or unconstitutionality s remaining phrases, clauses, sentences, paragraphs or sections of same would have been enacted by the Town Council of the Town incorporation in this Ordinance of any such legally invalid or sentence, paragraph or section. hall not affect any of the this Ordinance since the of Westlake without the unconstitutional, phrase, SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides.. PASSED AND APPROVED ON THIS 21ST DAY OF SEPTEMBER 2009. ATTEST: Kell Edwak6, Town Secretary APPROVED TO RM: L. Stanton Lowry, own Attorney Laura Wheat, Mayor T omas E. er, own Manager Ordinance 631 Page 2 of 15 [.■ ._ •._ COUNTY OF TARRANT I, - h e, r _v— , SALES MANAGER of the Alliance Regional ewspapers of BedfoM, Texas, a newspaper of general circulation which has been published in Tarrant and Denton County regularly and continuously for a period of one year prior to the first day of publication of this notice, solemnly swear that the notice hereto attached was published in the Alliance Regional Newspapers, on the following dates, to -wit: OCTOBER 14TH, 2009 TOWN OF WESTLAKE, TX ORDINANCE # 631 ,4 f Sales Manager