09-005 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 09-005
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING
ORDINANCE NO. 95-19; AMENDING ARTICLE 3.13 (FLOODS AND
DRAINAGE) OF THE PROSPER CODE OF ORDINANCES; UPDATING
AND ESTABLISHING REGULATIONS FOR FLOOD DAMAGE
PREVENTION TO COMPLY WITH CHANGES IN STATE LAW;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE
OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF.
WHEREAS, the Legislature of the State of Texas has in the Flood Control Insurance Act,
Texas Water Code Section 16.315, delegated to the local governments the responsibilities to
adopt regulations designed to minimize flood losses; and
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has
investigated and determined that it would be advantageous and beneficial to the citizens of the
Town of Prosper, Texas ("Prosper") to repeal Ordinance No. 95-19, amend Article 3.13 (Floods
and Drainage) of the Prosper Code of Ordinances, and replace with this Ordinance, which sets
out regulations for flood damage prevention within Prosper.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: Findings 'IncoMorated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Repeal of Ordinance No. 95-13. Prosper Ordinance No. 95-19 is repealed
in its entirety and replaced by this Ordinance. The effective date of the repeal discussed in this
Section shall not occur until the effective date of this Ordinance at which time Ordinance No. 95-
19 shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or
prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance
No. 95-19 occurring before the effective date of this Ordinance.
SECTION 3: Amendment to Article 3.13 Floods and Drainage) of the Prosper Code of
Ordinances. Article 3.13 (Floods and Drainage), of the Prosper Code of Ordinances, is hereby
amended to read as follows:
"ARTICLE 3.13 FLOODS AND DRAINAGE
Division 1. Generally
Secs. 3.13.001— 3.13.030 Reserved
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Division 2. Flood Damage Prevention
Sec. 3.13.031 Objectives
(a) Findings of fact.
(1) The flood hazard areas of the Town 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.
(b) 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, telephone and sewer lines, streets and bridges located in
floodplains;
(6) Help maintain a stable tax base by providing for the sound use and
development of flood -prone areas in such a manner as to minimize future
flood blight areas; and
(7) Insure that potential buyers are notified that property is in a flood area.
(c) Methods of Reducing Flood Losses. In order to accomplish its purposes, 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;
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(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.
Sec. 3.13.032 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.
ALLUVIAL 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 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, AR/AO, AR/AH,
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
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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, 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 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, V1 -V30, 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."
EXISTING 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 construction of streets, and either final site
grading or the pouring of concrete pads) is completed before the effective date of the
floodplain management regulations adopted by a community.
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EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR
SUBDIVISION - means the preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes are to be affixed
(including the installation of utilities, the construction of 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.
(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 (FIS) — 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 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,
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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 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.
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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.
MANUFACTURED HOME - means a structure transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. The term "manufactured home" does
not include a "recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or
contiguous parcels) of land divided into two or more manufactured home lots for rent or
sale.
MEAN SEA 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 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.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a
manufactured home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed (including at a
minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed on or after the effective date of
floodplain management regulations adopted by a community.
RECREATIONAL VEHICLE - 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)
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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 its before damaged condition would equal
or exceed fifty (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 fifty
(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
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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.)
VIOLATION - means the failure of a structure or other development to be fully
compliant with the community's floodplain management regulations. A structure or other
development without the elevation certificate, other certifications, or other evidence of
compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION - means the height, in relation to the North
American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods
of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
Sec. 3.13.033 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 Prosper.
(b) Basis for establishing the -areas of special flood hazard. The areas of special flood
hazard identified by the Federal Emergency Management Agency in the current
scientific and engineering report entitled, "The Flood Insurance Study (FIS) for
Collin County," dated June 2, 2009, with accompanying Flood Insurance Rate
Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM) dated June
2, 2009, and any revisions thereto are hereby adopted by reference and declared to
be a part of this Ordinance.
(c) Establishment of development permit. A Floodplain Development Permit shall be
required to ensure conformance with the provisions of this Ordinance.
(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:
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(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 or liability. The degree of flood protection required by
this Ordinance is considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. On rare occasions greater floods can
and will occur and flood heights may be increased by man-made or natural
causes. This Ordinance does not imply that land outside the areas of special flood
hazards or uses permitted within such 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. 3.13.034 Administration
(a) Qesi,,,,iiation of the floodplain administrator. The Town Engineer or his/her
designee is hereby appointed the Floodplain Administrator to administer and
implement the provisions of this ordinance and other appropriate sections of 44
CFR (Emergency Management and Assistance - National Flood Insurance
Program Regulations) pertaining to floodplain management.
(b) 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 to ensure that the
proposed building site project, including the placement of manufactured
homes, will be reasonably safe from flooding.
(3) Review, approve or deny all applications for floodplain 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
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a conflict between a mapped boundary and actual field conditions) the
Floodplain Administrator shall make the necessary interpretation.
(6) Notify, in riverine situations, adjacent communities and the State
Coordinating Agency, which is the Texas 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.
(7) Assure that the flood carrying capacity within the altered or relocated
portion of any watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance with
Article 3, Section B, the Floodplain Administrator shall obtain, review and
reasonably utilize any base flood elevation data and floodway data
available from a Federal, State or other source, in order to administer the
provisions of Article 5.
(9) When a regulatory floodway has not been designated, the Floodplain
Administrator must require that no new construction, substantial
improvements, or other development (including fill) shall be permitted
within Zones 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 A 1-30, 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.
(c) Permit Procedures.
(1) 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 following information is required:
(A) Elevation (in relation to mean sea level), of the lowest floor
(including basement) of all new and substantially improved
structures;
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(B) Elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed;
(C) A certificate from a registered professional engineer or architect
that the nonresidential floodproofed structure shall meet the
floodproofing criteria of Article 5, Section B (2);
(D) Description of the extent to which any watercourse or natural
drainage will be altered or relocated as a result of proposed
development;
(E) Maintain a record of all such information in accordance with
Article 4, Section (B)(1);
(2) Approval or denial of a Floodplain Development Permit by the Flooplain
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 maintenance and repair of streets and
bridges, and public utilities and facilities such as sewer, gas,
electrical and water systems;
(G) The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if
applicable, expected at the site;
(I) The necessity to the facility of a waterfront location, where
applicable;
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(J) The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use.
(d) Variance ProcedLlres.
(1) The Board of Adjustment ("Appeal Board") shall hear and render
judgment on requests for variances from the requirements of this
ordinance.
(2) The Appeal Board shall hear and render judgment on an appeal only when
it is alleged there is an error in any requirement, decision, or determination
made by the Floodplain Administrator in the enforcement or
administration of this ordinance.
(3) Any person or persons aggrieved by the decision of the Appeal Board may
appeal such decision in the courts of competent jurisdiction.
(4) The Floodplain Administrator shall maintain a record of all actions
involving an appeal and shall report variances to the Federal Emergency
Management Agency upon request.
(5) Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic Places
or the State Inventory of Historic Places, without regard to the procedures
set forth in the remainder of this ordinance.
(6) Variances may be issued for new construction and substantial
improvements to be erected on a lot of 1/2 acre or less in size contiguous
to and surrounded by lots with existing structures constructed below the
base flood level, providing the relevant factors in Section C (2) of this
Article have been fully considered. As the lot size increases beyond the
1/2 acre, the technical justification required for issuing the variance
increases.
(7) Upon consideration of the factors noted above and the intent of this
ordinance, the Appeal Board may attach such conditions to the granting of
variances as it deems necessary to further the purpose and objectives of
this ordinance (Article 1, Section Q.
(8) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(9) Variances may be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as a historic
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structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
(10) Prerequisites for granting variances:
(A) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard,
to afford relief.
(B) Variances shall only be issued upon:
(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.
(C) 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.
(11) 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 4, Section D (1)-(9) are met, and (ii) the structure or
other development is protected by methods that minimize flood damages
during the base flood and create no additional threats to public safety.
Sec. 3.13.035 Provisions for flood hazard reduction
(a) 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;
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(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,
(7) On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
(b) Specific standards. In all areas of special flood hazards where base flood
elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article
4, Section B (8), or (iii) Article 5, Section C (3), the following provisions are
required:
(1) Residential Construction - new construction and substantial improvement
of any residential structure shall have the lowest floor (including
basement), elevated to or above the base flood elevation. A registered
professional engineer, architect, or land surveyor shall submit a
certification to the Floodplain Administrator that the standard of this
subsection as proposed in Article 4, Section C (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 or above the base flood level or together with attendant utility and
sanitary facilities, be designed so that below the base flood level the
structure is watertight with walls substantially impermeable to the passage
of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. A
registered professional engineer or architect shall develop and/or review
structural design, specifications, and plans for the construction, and shall
certify that the design and methods of construction are in accordance with
accepted standards of practice as outlined in this subsection. A record of
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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.
(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:
(A) A minimum of two openings on separate walls having a total net
area of not less than 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 1 foot above
grade.
(C) Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
(4) Manufactured Homes -
(A) Require that all manufactured homes to be placed within Zone A
on a community's FHBM or FIRM shall be installed using methods
and practices which minimize flood damage. For the purposes of
this requirement, manufactured homes must be elevated and
anchored to resist flotation, collapse, or lateral movement.
Methods of anchoring may include, but are not limited to, use of
over -the -top or frame ties to ground anchors. This requirement is
in addition to applicable State and local anchoring requirements for
resisting wind forces.
(B) Require that manufactured homes that are placed or substantially
improved within Zones Al -30, AH, and AE on the community's
FIRM on sites (i) outside of a manufactured home park or
subdivision, (ii) in a new manufactured home park or subdivision,
(iii) in an expansion to an existing manufactured home park or
subdivision, or (iv) in an existing manufactured home park or
subdivision on which a manufactured home has incurred
"substantial damage" as a result of a flood, be elevated on a
permanent foundation such that the lowest floor of the
manufactured home is elevated to or above the base flood elevation
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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, AH and AE on the community's
FIRM that are not subject to the provisions of paragraph (4) of this
section be elevated so that either:
(i) the lowest floor of the manufactured home is at or above
the base flood elevation, or
(ii) the manufactured home chassis is supported by reinforced
piers or other foundation elements of at least equivalent
strength that are no less than 36 inches in height above
grade and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral
movement.
(5) Recreational 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 Article
4, Section C (1), and the elevation and anchoring requirements for
"manufactured homes" in paragraph (4) of this section. A recreational
vehicle is ready for highway use if it is on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities and security
devices, and has no permanently attached additions.
(c) Standards for subdivision proposals.
(1) All subdivision proposals including the placement of manufactured home
parks and subdivisions shall be consistent with Article 1, Sections B, C,
and D of this ordinance.
(2) All proposals for the development of subdivisions including the placement
of manufactured home parks and subdivisions shall meet Floodplain
Development Permit requirements of Article 3, Section C; Article 4,
Section C; and the provisions of Article 5 of this ordinance.
(3) Base flood elevation data shall be generated for subdivision proposals and
other proposed development including the placement of manufactured
home parks and subdivisions which is greater than 50 lots or 5 acres,
whichever is lesser, if not otherwise provided pursuant to Article 3,
Section B or Article 4, Section B (8) of this ordinance.
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(4) All subdivision proposals including the placement of manufactured home
parks and subdivisions shall have adequate drainage provided to reduce
exposure to flood hazards.
(5) All subdivision proposals including the placement of manufactured home
parks and subdivisions shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to
minimize or eliminate flood damage.
(d) Standards for areas of shallow flooding (AO/AH Zones). Located within the
areas of special flood hazard established in Article 3, Section B, are areas
designated as shallow flooding. These areas have special flood hazards associated
with flood depths 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; therefore, the
following provisions apply:
(1) All new construction and substantial improvements of residential
structures have the lowest floor (including basement) elevated to or 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 2 feet 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 or 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 2 feet 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 Article 4, Section C are satisfied.
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(4) Require within Zones AH or AO adequate drainage paths around
structures on slopes, to guide flood waters around and away from
proposed structures.
(e) Floodways. Floodways - located within areas of special flood hazard established
in Article 3, Section B, are areas designated as floodways. Since the floodway is
an extremely hazardous area due to the velocity of flood waters which carry
debris, potential projectiles and erosion potential, the following provisions shall
apply:
(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.
(2) If Article 5, Section E (1) above is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard
reduction provisions of Article 5.
(3) Under the provisions of 44 CFR Chapter 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 4: Savings/Repealing Clause: All provisions of any ordinance in conflict with
this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for
violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining
portions of said ordinance shall remain in full force and effect.
SECTION 5: Severability: Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 6: Penalty Provision: Any person, firm, corporation or entity violating this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a
sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under
this Ordinance shall constitute a separate offense. The penal provisions imposed under this
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Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all
legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 7: Effective Date: This Ordinance shall become effective immediately upon its
passage and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS on this 27th day of January, 2009.
65�rl�e�sNiswangger, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
4M&ton, ew D. DenTRMC
City Secretary
Date(s) of publication in The Prosper News — Men't' A`i Fg5jPR .AA -Y 21 t- w4r 5
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