09-052 O - Flood Damage Prevention TOWN OF PROSPER, TEXAS ORDINANCE NO. 09-052
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ARTICLE 3.13 (FLOODS AND DRAINAGE) SECTION 3.13.033
(GENERAL PROVISIONS) AND SECTION 3.13.035 (PROVISIONS FOR
FLOOD HAZARD REDUCTION) 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 amend Article 3.13 (Floods and Drainage) Section
3.13.033 (General Provisions) and Section 3.13.035 (Provisions for Flood Hazard Reduction) 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 Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Article 3.13 (Floods and Drainage) Section 3.13.033
(General Provisions) of the Prosper Code of Ordinances. Article 3.13 (Floods and Drainage)
Section 3.13.033 (General Provisions) of the Prosper Code of Ordinances, is hereby amended to
read as follows:
"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
Amending Article 3.13(Floods and Drainage) Page 1
538813.v1(HW)
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:
(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."
SECTION 3: Amendment to Article 3.13 (Floods and Drainage) Section 3.13.035
(Provisions for Flood Hazard Reduction) of the Prosper Code of Ordinances. Article 3.13
(Floods and Drainage) Section 3.13.035 (Provisions for Flood Hazard Reduction) of the Prosper
Code of Ordinances, is hereby amended to read as follows:
"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:
Amending Article 3.13(Floods and Drainage) Page 2
538813.v1(HW) •
(1) All new construction or substantial improvements shall be designed (or
modified) and adequately anchored to prevent flotation, collapse or lateral
movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy;
(2) All new construction or substantial improvements shall be constructed by
methods and practices that minimize flood damage;
(3) All new construction or substantial improvements shall be constructed
with materials resistant to flood damage;
(4) All new construction or substantial improvements shall be constructed
with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and/or located so
as to prevent water from entering or accumulating within the components
during conditions of flooding;
(5) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the system and
discharge from the systems into flood waters; and,
(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 two (2) feet above the base flood elevation. A
registered professional engineer, architect, or land surveyor shall submit a
certification to the Floodplain Administrator that the standard of this
subsection as proposed in Article 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 two (2) feet 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
Amending Article 3.13(Floods and Drainage) Page 3
538813.v1(HW)
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
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 A1-30, 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,
Amending Article 3.13(Floods and Drainage) Page 4
538813.v1(HW)
(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 two (2) feet above the base flood
elevation and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral
movement.
(C) Require that manufactured homes be placed or substantially
improved on sites in an existing manufactured home park or
subdivision with Zones A1-30, 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 two (2) feet
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 A1-30, 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.
Amending Article 3.13(Floods and Drainage) Page 5
538813.v1(HW)
(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.
(4) Base flood elevation data shall be generated by a detailed engineering
study for all Zone A areas, within 100 feet of the contour lines of Zone A
areas, and other streams not mapped by FEMA, as indicated on the
community's FIRM.
(5) All subdivision proposals including the placement of manufactured home
parks and subdivisions shall have adequate drainage provided to reduce
exposure to flood hazards.
(6) 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 two (2)
feet 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 two (2) feet
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
Amending Article 3.13(Floods and Drainage) Page 6
538813.v1(HW)
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.
(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
Amending Article 3.13(Floods and Drainage) Page 7
538813.v1(HW)
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
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 14th day of April, 2009.
harles Niswanger, Ma
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Amending Article 3.13(Floods and Drainage) Page 8
538813.v1(HW)
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda
Black, Legal Advertising Representative for the DALLAS MORNING NEWS,being
duly sworn by oath, states the attached advertisement of:
Town of Prosper
as published in the Dallas Morning News on:
TOWN of April30, 2009
0 - PROSPER,TEXAS
'ORDINANCE NO.09.052
TOWNDOF PROSPERS'
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