80-06 O - Ordinance for Floodplain , 8o -G
_ FLOODPLAIN MANAGEMENT ORDINANCE
STATE OF TEXAS :
CITY OF PROSPER -
COUNTY OF COLLIN •
WHEREAS, the City of PROSPER wishes to establish
eligibility in the National Flood Insurance Program and in order to do
so must meet the minimum requirements of Section 60 . 3 (b) of the Program
Regulations as published by the Federal Emergency Management Agency; and
WHEREAS, under Subchapter I, Section 16 . 315 of the Texas Water
Code, all political subdivisions are authorized to take all necessary
and reasonable actions to comply with the requirements 'and criteria of
the National Flood Insurance Program;
NOW, THEREFORE, the following measures shall be enacted within the
incorporated limits of the City of -
SECTION 1 - DESIGNATION OF CITY FLOODPLAIN ADMINISTRATOR
For purposes of administering this Ordinance, the City Council
shall appoint a responsible person to act as the City Floodplain
Administrator with assistance from the Council and any other committees
as may be deamed necessary.
.ECTIO i 2 - PERMIT q.PLICATION REQUIREMENTS
No person shall erect, construct, enlarge, alter, repair, improve,
move or demolish any building or structure located in the identified
floodplain without first submitting a permit application to the City
Administrator and obtaining authorization to proceed with the proposed
activity .
Io man-made change to improved or unimproved real estate, including
but not limited to buildings or other. structures, mining, dredging,
filling , grading, paving, excavation or drilling operations shall be
commenced within the identified floodplain until a permit application
is submitted and authorization is obtained to proceed.
No mobile home shall be placed on improved or unimproved real
estate within the identified floodplain without first submitting a •
permit application and obtaining authorization to proceed .
SECTION 3 - BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD
Areas of special flood hazard are identified on Flood Hazard
Boundary Maps published by the Federal Emergency Management Agency
.or
, Community Number , and
ated . These maps and any revisions or new
publications are hereby adopted by reference and declared to be a
part of this Ordinance .
SECTION 4 - PERMIT APPLICATION REVIEW
The City Administrator shall review all permit applications
and subdivision proposals to determine whether proposed building
sites will be reasonably safe from flooding .
The City Administrator shall review all permit applications
and subdivision proposals to determine whether the designated activity
is proposed within the identified 100-year floodplain of the City.
The City Administrator shall review all permit applications
to assure that all necessary permits have been received from those
governmental agencies from which approval is required by Federal or
::fate law, including Section 404 of the Federal Water Pollution
•Cc ntrol Act Amendments of 1972 .
The city Administrator shall notify adjacent communities and
the Texas Department of Water Resources prior to any alteration or
relocation of a watercourse, and submit copies of such notification
to the Federal Emergency Management Agency .
- The City Administrator shall assure that the flood carring
capacity within the altered or relocated portion of any watercourse
is maintained .
SECTION 5 - ISSUANCE OF PERMITS
After reviewing the application, the City Administrator shall
Crequire any additional measures which are necessary to meet the minimum
requirements of this Ordinance . If a proposed activity is not within
the identified floodplain, then no permit is required and authorization
can be given to proceed.
For permit requirements, the City Administrator shall obtain
and reasonably utilize any base flood elevation data available from
a Federal, State, or other source until such data has been provided
by the Federal Emergency Management Agency.
SECTION 6 - PERMIT REQUIREMENTS
GE:_7ERAL STANDARDS - In all areas of special flood hazard, the
following provisions are required:
a. All new construction and substantial improvements shall be
anchored to prevent floation, collapse or lateral movement;
b. All new construction and substantial improvements shall be
constructed by methods and practices that minimize flood damage;
c . All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant
to flood damage;
d. All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of flood waters into the
system;
e . New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood waters into
the systems and discharges from the systems into flood waters;
f . On-site waste disposal systems (septic tanks) shall be located
to avoid impairment to them or contamination from them during
flooding .
SPECIFIC STANDARDS - In all areas where base flood elevation can
be obtained, the following additional provisions are required:
a. All new construction and substantial improvements of residential
structures shall have the lowest floor, including basement,
elevated to or above the base flood elevation;
b . All new construction and substantial improvements of non-
residential structures shall have the lowest floor, including
basement, elevated or floodproofed up to or above the base
• flood level .
SECTION 7 - MOBILE HOME REQUIREMENTS
In all areas of special flood hazard, the following provisions
are required:
a. All mobile homes shall be anchored to resist flotation, collapse,
or lateral movement by providing over-the-top ties and frame
ties to ground anchors;
b. Over-the-top ties be provided at each of the four corners of the
mobile home, with two additional ties per side at intermediate
locations and mobile homes less than 50 feet long requiring
one additional tie;
c . Frame ties be provided at each corner of the home with five
additional ties per side at intermediate points and mobile
homes less than 50 feet long requiring four additional per side;
d. All components of the anchoring system be capable of carrying
a force of 4, 800 pounds;
e . Any additions to the mobile home be similarly anchored.
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SECTIO.7 8 - STANDARDS FOR SUBDIVISION PROPOSALS
If a subdivision proposal is in the identified floodplain, the
following provisions are required:
a. All such proposals are consistant with the need to minimize
flood damage within the flood prone area;
y b. All public utilities and facilities, such as sewer, gas,
electrical, and water systems are located and constructed
to minimize or eliminate flood damage;
c . Adequate drainage shall be provided to reduce exposure to floods;
d. All subdivisions and other proposed new developments greater
than 50 lots or 5 acres, whichever is the lesser, shall include
base flood elevation data within such proposals . Plats will
have the 100-year floodplain clearly delineated, and minimum
slab elevations will be given for each lot within the floodplain .
SECTION 9 - PERMIT COMPLIANCE CERTIFICATION
When a permit is issued for developments within the identified
floodplain, the following certifications of compliance may be required:
a. A certification from a registered professional engineer,
architect, or land surveyor, of the elevation of the finished
first floor, including basement, in relation to feet mean sea
level .
b. If a structure has been floodproofed, a registered professional
engineer must certify the elevation to which the structure was
floodproofed and that the floodproofing measures utilized are
adequate to provide the required protection .
c . A certificate of permit compliance from the permit grantee
stating that all of the permit requirements have been met .
SECTION 10 - FORMS AND FEES
The City Council and the City Floodplain Administrator will
promulgate forms and establish fees as may be required for the
administration of this Ordinance .
SECTIO.. 11 - DEFIJITIO\TS
Unless specifically defined below, words or phrases used in this
document shall be interpreted so as to give them the same meaning as
they have in common usage and so as to give this document its most
reasonable application;
"Base Flood" means the flood having a one percent chance of
being equalled or exceeded in any given year.
"Development" means any man-made change to improved or unimproved
il; real estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation
or drilling operations .
"Flood" 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 .
"Floodplain" or "flood prone area" means any land area susceptible
to being inundated by water from any source .
"Floodproofing" means any combination of structural and nonstructural
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 .
"Habitable floor" means any floor usable for living purposes, which
includes working, sleeping, eating, cooking or recreation, or a
combination thereof . A floor used only for storage is not a
"habitable floor" .
• "Mobile Home" means a structure, transportable in one or more
sections, which is built on a permanent chassis and designed to
be used with or without a permanent foundation when connected to
the required utilities . It does not include recreational vehicles
or travel trailers .
,
' "Person" includes any individual or group of individuals,corporation,
partnership, association, or any other entity, including State and
local governments and agencies .
"Riverine" means relating to, formed by, or resembling a river,
stream or brook.
"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 mobile home .
"Substantial improvement" means any repair, reconstruction, or
improvement of the structure, the cost of which equals or exceeds 50%
of the market value of the structure either, (a) before the improve-
ment or repair is started, or (b) if the structure has been damaged,
and is being restored, before the damage occurred. The term does
not include either (1) any project for improvement of a structure
to comply with existing state or local health, sanitary, or
safety code specifications which are solely necessary to assure
safe living conditions or (2) any alteration of a structure listed
on the National Register of Historic Places or a State Inventory
of Historic Places .
ADOPTED THIS 14 DAY OI' OCTOBER , 1980 .
410
S IG 4ED
r YOI , CITY /F PROSPER
4IViIE STATE OF TEXAS :
CITY OF PROSPER •
COUNTY OF COLLIN
I . MARIAN HOLBROOK City Secretary of the City of PROSPER
.iv hereby certify that the above and foreqoiny is a true and correct
copy of an Ordinance made and entered by the City Council in regular
session, en the day of , 19 , as it appears of
record in the Minutes of said City Council , Volume a2 , Page /6
6TVIW UNDER MY HAND .AND SEAL OF OFFICE, this 1L. day of OCTOBER , 1550 .
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