HomeMy WebLinkAbout2209 11-27-2018 ORDINANCE NO. 2209
AN ORDINANCE OF THE CITY OF EULESS, TEXAS, AMENDING
CHAPTER 38, "FLOODS" OF THE CODE OF ORDINANCES OF THE
CITY OF EULESS BY AMENDING THE EFFECTIVE DATE OF THE
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
SCIENTIFIC AND ENGINEERING REPORT WITH ACCOMPANYING
MAPS FOR THE CITY OF EULESS FROM SEPTEMBER 25, 2009, TO
MARCH 21, 2019, AND INCLUDING REVISED REQUIREMENTS;
PROVIDING A PENALTY CLAUSE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Euless participates in the Federal Emergency
Management Agency's (FEMA's) National Flood Insurance Program (NFIP); and
WHEREAS, the City's "Floods" ordinance currently states the effective FEMA
report date as September 25, 2009; and
WHEREAS, a new FEMA scientific and engineering report, Flood Insurance
Study (FIS) and accompanying Flood Insurance Rate Maps (FIRMS) will go into effect
March 21, 2019; and
WHEREAS, it is the desire of the City Council of the City of Euless, Texas, to
amend its "Floods" ordinance to conform to this new report and accompanying maps;
and
WHEREAS, the City Council deems it advisable to adopt updated floodplain
management requirements to help prevent and reduce flood losses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS, THAT:
SECTION 1.
Chapter 38 "Floods" of the Code of Ordinances of the City of Euless, Texas, is
hereby amended in its entirety, to read as follows:
ARTICLE I. IN GENERAL
Sec. 38-1. Definitions.
Unless specifically defined in this section, words or phrases used in this chapter shall be
interpreted to give them the meaning they have in common usage and to give this
chapter its most reasonable application.
Appeal means a request for a review of the Floodplain Administrator's interpretation of
any provision of this chapter or a request for a variance.
Appeal board means the Planning and Zoning Commission of the City.
Area of shallow flooding means a designated AO, AH, or VO zone on a community's
Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of
flooding to an average depth of one to three 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 means the land inundated by the base flood.
Base flood means the flood having a one percent chance of being equaled or exceeded
in any given year.
Base flood elevation —the water surface elevation resulting from the flood that has a 1%
chance of equaling or exceeding that level in any given year.
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 manmade change in improved and unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filing,
grading, paving, excavation, drilling operations, or storage of equipment or materials.
Elevated building means a nonbasement building built, in the case of a building in
zones Al--30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor,
or in the case of a building in zones V1--30, VE, or V, to have the bottom of the lowest
horizontal structure member of elevated floor elevated above the ground level by means
of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and
adequately anchored so as not to impair the structural integrity of the building during a
flood of up to the magnitude of the base flood. In the case of zones Al--30, AE, A, A99,
AO, AH, B, C, X, D, the term "elevated building" also includes a building elevated by
means of fill or solid foundation perimeter walls with openings sufficient to facilitate the
unimpeded movement of floodwaters. In the case of zones V1--30, VE, or V, the term
"elevated building" also includes a building otherwise meeting the definition of "elevated
building," even though the lower area is enclosed by means of breakaway walls if the
breakaway walls meet the standards of section 60.3(e)(5) of the National Flood
Insurance Program regulations.
Existing construction means, for the purposes of determining rates, structures for which
the start of construction commenced before the effective date of the initial FIRM
Ordinance No. 2209, Page 2 of 17
(October 3, 1984). "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 Insurance Rate Map (FIRM) means an official map of community on which the
Federal Emergency Management Agency (FEMA) has delineated both the areas of
special flood hazards and the risk premium zones applicable to the community.
Flood Insurance Study is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, water surface elevation of the
base flood, as well as the flood boundary-floodway map.
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 areas 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.
Floodplain or floodprone area means any land area susceptible to being inundated by
water from any source (see the definition of"flooding").
Floodway (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.
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 and 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.
Ordinance No. 2209, Page 3 of 17
Levee means a manmade 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
and garage. An unfinished or flood-resistant enclosure, usable solely for parking of
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 nonelevation 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. For floodplain management
purposes, the term "manufactured home" also includes park trailers, travel trailers and
other similar vehicles placed on a site for greater than 180 consecutive days. For
insurance purposes, the term "manufactured home" does not include park trailers, travel
trailers and other similar vehicles.
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 floodplain management purposes, structures for which the
start of construction commenced on or after the effective date of a floodplain
management regulation adopted by a community.
Recreational Vehicle means, a vehicle which is: (a) built on a single chassis; (b) 400
square feet or less when measured at the largest horizontal projection; (c) designed to
be self-propelled or permanently towable by a light duty truck; and (d) designed
primarily not for use as a permanent dwelling but as a temporary living quarters for
recreational, camping, travel, or seasonal use.
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 that date the building permit was issued, provided the actual start of
construction, repair, reconstruction, 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
Ordinance No. 2209, Page 4 of 17
does it include the installation of streets and/or walkways; nor does it include excavation
for basements, 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.
Structure means a walled and roofed building, including a gas or liquid storage tank,
which is principally above ground, as well as a manufactured home.
Substantial improvement means any additions or improvement of a structure, the
cumulative cost of which equals or exceeds 25 percent of the market value of the
structure, or any repair or reconstruction which equals or exceeds 50 percent of the
market value of the structure at the time the damage occurred. For the purpose of this
definition, substantial improvement is considered to occur when the first alteration of
any wall, ceiling, floor or other structural part of the building commences, whether or not
that alteration affects the external dimensions of the structure. The term does not,
however, include either 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 any alteration of a structure listed in the
National Register of Historic Places or a state inventory of historic places.
Variance is a grant of relief to a person from the requirements of this chapter when
specific enforcement would result in unnecessary hardship. A variance, therefore,
permits construction or development in a manner otherwise prohibited by this chapter.
(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)(4), or (e)(5) of the National Flood
Insurance Program regulations 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. 38-2. Statement of purpose.
It is the purpose of this chapter 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 flood control projects;
Ordinance No. 2209, Page 5 of 17
(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, storm drainage, sewer lines, streets and bridges
located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and
development of floodprone areas in such a manner as to minimize future
flood blight areas; and
(7) Advise individuals in the acquisition or development of lands which are
unsuited for certain purposes because of flood hazards.
Sec. 38-3. Methods of reducing flood losses.
In order to accomplish its purposes, this chapter uses the following methods:
(1) Restricting or prohibiting uses that are dangerous to health, safety or
property in times of flood, or that cause excessive increases in flood heights
or velocities.
(2) Requiring that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial
construction.
(3) Controlling the alteration of natural floodplains, stream channels and natural
protective barriers which are involved in the accommodation of floodwaters.
(4) Controlling filling, grading, dredging and other development which may
increase flood damage.
(5) Preventing or regulating the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards to other
lands.
Sec. 38-4. Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazard within the jurisdiction of the
city.
Sec. 38-5. Basis for establishing the areas of special flood hazard.
Ordinance No. 2209, Page 6 of 17
The areas of special flood hazard identified by the Federal Emergency Management
Agency (FEMA) in a scientific and engineering report entitled the Flood Insurance
Study, Tarrant County, Texas and Incorporated areas dated March 21, 2019, with
accompanying Flood Insurance Rate Maps (FIRM), any revisions thereto, and any
areas inundated by the base flood, are hereby adopted by reference and declared to be
part of this chapter.
Sec. 38-6. Compliance.
No structure or land shall be located, altered or have its use changed without full
compliance with the terms of this chapter and other applicable regulations.
Sec. 38-7. Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate or impair any existing easement,
covenants or deed restrictions. However, where this chapter and another conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
Sec. 38-8. Interpretation.
In the interpretation and application of this chapter, all provisions shall be considered as
minimum requirements, liberally construed in favor of the governing body, and deemed
neither to limit nor repeal any other powers granted under state statutes.
Sec. 38-9. Warning and disclaimer of liability.
The degree of flood protection required by this chapter 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
manmade or natural causes. This chapter does not imply that land outside the areas of
special flood hazard or uses permitted within such areas will be free from flooding or
flood damages. This chapter shall not create liability on the part of the city or any official
or employee thereof for any flood damages that result from reliance on this chapter or
any administrative decision lawfully made thereunder.
Sec. 38-10 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 City Council of
Euless, Texas does ordain as follows:
Sec. 38-10 B. Findings of Fact.
(1) The flood hazard areas of Euless are subject to periodic inundation, which
could result in loss of life and property, health and safety hazards, disruption
Ordinance No. 2209, Page 7 of 17
of commerce and governmental services, and public expenditures for flood
protection and relief, all of which adversely affect the public health, safety
and general welfare.
(2) When there are flood losses, they are created by the cumulative effect of
obstructions in floodplains which may 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.
ARTICLE 11. ADMINISTRATION*
Sec. 38-41. Floodplain administrator--Designated.
The City Engineer or designee is hereby appointed the Floodplain Administrator to
administer and implement the provisions of this chapter and other appropriate sections
of 44 CFR (National Flood Insurance Program regulations) pertaining to floodplain
management.
Sec. 38-42. Same--Duties and responsibilities.
Duties and responsibilities of the Floodplain Administrator shall include, but not be
limited to, the following:
(1) Maintaining and holding open for public inspection all records pertaining to
the provisions of this chapter.
(2) Reviewing permit applications to determine whether proposed building sites
will be reasonably safe from flooding.
(3) Reviewing, approving or denying all applications for development permits
required by adoption of this chapter.
(4) Reviewing 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 USC 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 hazard, 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.
(6) Notifying, in riverine situations, adjacent communities and the state
coordinating agency, which is the Texas Water Development Board, prior to
Ordinance No. 2209, Page 8 of 17
any alteration or relocation of a watercourse, and submitting evidence of
such notification to the Federal Emergency Management Agency.
(7) Assuring 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
Section 38-5, the permit applicant shall furnish an engineering study which
includes the establishment of the base flood elevation. The lowest floor
elevation of any structure shall be two feet or more above the base flood
elevation.
(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 A1--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) For areas outside the identified flood hazard areas which have experienced
flooding or where heavy development is occurring, the Floodplain
Administrator will require that a permit is applied for and that the applicant
furnish an engineering study which includes the establishment of the base
flood elevation. The lowest floor elevation of any structure within these
areas shall be two feet above the base flood elevation.
Sec. 38-43. Same--Right of entry.
The Floodplain Administrator, or his duly authorized representative, may enter any
building, structure or premises to perform any duties imposed upon him by this chapter.
Sec. 38-44. Development permit--Established.
A development permit shall be required to ensure conformance with the provisions of
this chapter.
Sec. 38-45. Same--Permit procedures.
(a) Application; required information. Application for a development permit shall be
presented to the Floodplain Administrator on forms furnished by him and may
include, but is not 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 foregoing in relation to areas of
special flood hazard. Additionally, the following information is required:
Ordinance No. 2209, Page 9 of 17
(1) Elevation in relation to mean sea level of the lowest floor, including
basement and garage, of all new and substantially improved structures.
(2) Elevation in relation to mean sea level to which any nonresidential structure
shall be floodproofed.
(3) Description of the extent to which any watercourse or natural drainage will
be altered or relocated as a result of proposed development.
(4) Maintain a record of all such information in accordance with Section 38-
42(1).
(b) Approval or denial. Approval or denial of a development permit by the
Floodplain Administrator shall be based on all of the provisions of this chapter
and the following relevant factors:
(1) The danger to life and property due to flooding or erosion damage.
(2) The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner.
(3) The danger that materials may be swept onto other lands to the injury of
others.
(4) The compatibility of the proposed use with existing and anticipated
development.
(5) The safety of access to the property in times of flood for ordinary and
emergency vehicles.
(6) The costs of providing governmental services during and after flood
conditions, including maintenance and repair of streets and bridges, and
public utilities and facilities, such as sewer, gas, electrical and water
systems.
(7) The expected heights, velocity, duration, rate of rise and sediment transport
of the floodwaters and the effects of wave action, if applicable, expected at
the site.
(8) The necessity to the facility of a waterfront location, where applicable.
(9) The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use.
Ordinance No. 2209, Page 10 of 17
(10) The relationship of the proposed use to the comprehensive plan for that
area.
Sec. 38-46. Same--Revocation.
The Floodplain Administrator may revoke a permit or approval issued under the
provisions of this chapter in cases where there has been any false statement or
misrepresentation as to a material fact in the application or plans upon which the permit
or approval was based.
Sec. 38-47. Variance procedures.
(a) The appeal board, as established by the community, shall hear and render
judgment on requests for variances from the requirements of this chapter.
(b) 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 chapter.
(c) Any person aggrieved by the decision of the appeal board may appeal such
decision in the courts of competent jurisdiction.
(d) The Floodplain Administrator shall maintain a record of all actions involving an
appeal and shall report variances to the Federal Emergency Management
Agency upon request.
(e) 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 chapter. 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.
(f) Variances may be issued for new construction and substantial improvements to
be erected on a lot of one-half acre or less in size contiguous to and surrounded
by lots with existing structures constructed below the base flood level, provided
the relevant factors in Section 38-45(b) have been fully considered. As the lot
size increases beyond the one-half acre, the technical justification required for
issuing the variance increases.
(g) Upon consideration of the factors noted in this section and the intent of this
chapter, the appeal board may attach such conditions to the granting of
variances as it deems necessary to further the purpose and objectives of this
chapter.
Ordinance No. 2209, Page 11 of 17
(h) Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
(i) Prerequisites for granting variances shall be as follows:
(1) Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
(2) Variances shall only be issued upon:
a. Showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
c. A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, public
expense, create nuisances, cause fraud on or victimization of the
public, or conflict with existing local laws or ordinances.
(3) Any applicant to whom 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 required minimum finish floor elevation which is two
feet above 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.
(j) 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 the criteria outlined in subsections
(a) through (i) of this section are met and the structure or other development is
protected by methods that minimize flood damage during the base flood and
create no additional threats to public safety.
Sec. 38-48. Stop work orders.
Upon notice from the Floodplain Administrator that work on any building, structure, dike,
bridge or any improvement which would affect water drainage is being done contrary to
the provisions of this chapter, or in a dangerous or unsafe manner, such work shall be
immediately stopped. Such notice shall be in writing and shall be given to the owner of
the property or to his agent, or to the person doing the work, and shall state the
conditions under which work may be resumed. Where an emergency exists, no written
notice shall be required to be given by the Floodplain Administrator, provided written
notice shall follow within 24 hours from the time oral notice to stop work is issued.
Ordinance No. 2209, Page 12 of 17
Sec. 38-49. Penalty for violation of chapter.
Any person violating the terms and provisions of this chapter shall be deemed guilty of a
misdemeanor and shall be punished as provided in Section 1-12 of this Code. Each day
that such violation continues shall be a separate offense. This penalty shall be
cumulative of all other remedies. Any such violation shall be deemed a violation of a
provision governing public health and sanitation under Section 1-12 of this Code.
Secs. 38-50--38-70. Reserved.
ARTICLE III. FLOOD DAMAGE PREVENTION
Sec. 38-71. General standards.
In all areas of special flood hazard the following provisions are required for all new
construction and substantial improvements:
(1) All new construction or substantial improvements shall be designed (or
modified) and adequately anchored to prevent flotation, collapse or lateral
movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy.
(2) All new construction or substantial improvements shall be constructed by
methods and practices that minimize flood damage.
(3) All new construction or substantial improvements shall be constructed with
materials resistant to flood damage.
(4) All new construction or substantial improvements shall be constructed with
electrical, heating, ventilation, plumbing, and air conditioning equipment and
other service facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during
conditions of flooding.
(5) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system.
(6) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system and
discharge from the systems into floodwaters.
(7) Onsite waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
Ordinance No. 2209, Page 13 of 17
(8) All proposed developments shall be designed and constructed to not
increase the flooding potential for existing structures that are known to be
impacted by the base flood.
Sec. 38-72. Specific standards.
In all areas of special flood hazard where base flood elevation data have been provided
as set forth in Section 38-5, Section 38-42 or Section 38-73(4), the following provisions
are required:
(1) Residential and nonresidential construction. New construction and
substantial improvement of any structure shall have the lowest floor,
including basement and garage, elevated two feet or more above the base
flood elevation. A licensed professional engineer, or land surveyor shall
submit a certification letter to the Planning and Development Department
that the standard of this subsection, as proposed in Section 38-45(a)(1), is
satisfied.
(2) 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
that 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 licensed professional engineer or meet or exceed the following minimum
criteria:
a. A minimum of two openings 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.
b. The bottom of all openings shall be no higher than one 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.
(3) Manufactured homes. The placement of manufactured housing within the
areas which have been identified as areas of special flood hazard is
prohibited.
(4) Recreational Vehicles. The placement of recreational vehicles within Zones
Al-30, AH, and AE on the community's FIRM either must:
a. Be on the site for fewer than 180 consecutive days, or
Ordinance No. 2209, Page 14 of 17
b. Be fully licensed and ready for highway use. 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.
Sec. 38-73. Standards for subdivision proposals.
The following standards shall apply for subdivision proposals:
(1) All subdivision proposals, including manufactured home parks and
subdivisions, shall be consistent with Sections 38-2 and 38-3.
(2) All proposals for the development of subdivisions, including manufactured
home parks and subdivisions, shall meet the development permit
requirement of Section 38-44, Section 38-45, and the provisions of this
article.
(3) Base flood elevation data shall be generated for subdivision proposals and
other proposed development, including manufactured home parks and
subdivisions, if not otherwise provided pursuant to Section 38-5 or Section
38-42(8) of this chapter.
(4) All subdivision proposals, including manufactured home parks and
subdivisions, shall have adequate drainage provided to reduce exposure to
flood hazards.
(5) All subdivision proposals, including manufactured home parks and
subdivisions, shall have public utilities facilities, such as sewer, gas,
electrical and water systems, located and constructed to minimize or
eliminate flood damage.
Sec. 38-74. Standards for areas of shallow flooding (AO/AH zones).
Located within the areas of special flood hazard established in Section 38-5 are areas
designated as shallow flooding. These areas have special flood hazards associated with
base flood depths of one to three feet, where a clearly defined channel does not exist
and 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)
pply:(1) All new construction and substantial improvements of residential structures
shall have the lowest floor, including basement, elevated above the highest
adjacent grade at least as high as the depth number specified in feet on the
community's FIRM (at least two feet if no depth number is specified).
Ordinance No. 2209, Page 15 of 17
(2) All new construction and substantial improvements of nonresidential
structures:
a. Shall have the lowest floor, including basement, elevated above the
highest adjacent grade at least as high as the depth number specified in
feet on the community's FIRM (at least two feet if no depth number is
specified), or
b. Together with attendant utility and sanitary facilities, shall 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.
(3) A licensed professional engineer shall submit a certification to the
Floodplain Administrator that the standards of this section, as proposed in
Section 38-45(a)(1), are satisfied.
(4) Require within zones AH or AO adequate drainage paths around structures
on slopes to guide floodwaters around and away from proposed structures.
Sec. 38-75. Floodways.
Located within areas of special flood hazard established in Section 38-5 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:
(1) Encroachments are prohibited, including fill, new construction, substantial
improvements and other development, unless certification by a licensed
professional engineer is provided demonstrating that encroachments shall
not result in any increase in flood levels within the community during the
occurrence of the base flood discharge.
(2) If subsection (1) of this section is satisfied, all construction and substantial
improvements shall comply with all applicable flood hazard reduction
provisions of this article.
SECTION 2.
PENALTY FOR VIOLATION. Any person, firm, or corporation violating any of the
terms and provisions of this ordinance shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined in accordance with Chapter 1, "General Provisions,"
Section 1-12, "General Penalty," Euless Code of Ordinances. Each such violation shall
be deemed a separate offense and shall be punishable as such hereunder.
Ordinance No. 2209, Page 16 of 17
SECTION 3.
CUMULATIVE CLAUSE. This ordinance shall be cumulative of all provisions of
ordinances of the City of Euless, Texas, except where the provisions of this ordinance
are in direct conflict with the provisions of such ordinances, in which event the
conflicting provisions of such ordinances are hereby repealed.
SECTION 4.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the
City Council that the section, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance,
since the same would have been enacted by the City Council without the incorporation
in this ordinance of any such unconstitutional phrase.
SECTION 5.
PUBLICATION CLAUSE. The caption, penalty clause, and effective date clause
of this ordinance shall be published in a newspaper of general circulation in the City of
Euless, in compliance with the provisions of Article II, Section 12 of the Euless City
Charter.
SECTION 6.
EFFECTIVE DATE. This ordinance shall be in force and effect from and after its
passage, as provided by the Euless City Charter and the laws of the State of Texas.
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on November 27, 2018, by a vote of 7 ayes,
0 nays, and 0 abstentions.
APPROVED: APPROVED AS TO FORM:
f ZJ GAj
LindaMartin, Mayr Wayne K. Olson, City Attorney
ATTEST:
i {. Sutter, TRMC, City Secretary
Ordinance No. 2209, Page 17 of 17
Star-Teleg�gij
Arlington Citizen Journal;The Keller Citizen I La Estrella
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star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102.6315(800.776.7827
AFFIDAVIT OF PUBLICATION
Account# Ad Number Identification PO Amount Cols Depth
600565 0003990145 CITY OF EULESS ORDINANCE NO.2209 AN Of 50.00 1 132.00 Li
Attention: THE STATE OF TEXAS
CITY OF EULESS RECEIVED►
County of Tarrant
201 N ECTOR DR DEC 14 201
EULESS, TX 760393543 Before me, a Notary Public in and for
said County and State,this day
�
-- - - - -C-1-TY- : e.i;� �a personally appeared CHRISTINE
—�---- LOPEZ, Bid and Legal Coordinator
CITY OF EULESS a regular meeting of the Euless for the Star-Telegram, published by
ORDINANCE NO.2209 City Council oNovember 27, the Star-Telegram, Inc.at Fort Worth,
AN ORDINANCE OF THE CITY OF 2018, a vote of 7 ayes, 0
EULESS, TEXAS, AMENDING nays,an
d 0 abstentions. in Tarrant County,Texas; and who,
CHAPTER 38, "FLOODS" OF ORDINANCE NO.2210 after being duly sworn,did depose
THE CODE OF ORDINANCES OF
THE CITY OF EULESS BY AN ORDINANCE AMENDING THE and say that the attached clipping of
AMENDING THE EFFECTIVE CODE OF ORDINANCES OF THE an advertisement was published in
DATE OF THE FEDERAL EMER- CITY OF EULESS, CHAPTER 84, p
GENCY MANAGEMENT AGENCY UNIFIED DEVELOPMENT CODE, the above named paper on the listed
(FEMA) SCIENTIFIC AND ENGI- AMENDING THE CITY OF EU-
NEERING REPORT WITH AC- LESS ZONING DISTRICT MAP dates:
COMPANYING MAPS FOR THE ON 6.614 ACRES IN THE SOLO-
CITY OF EULESS FROM SEP- MON HUITT SURVEY, AB-
TEMBER 25, 2009, TO MARCH STRACT NO. 705, TRACTS30,
21, 2019, AND INCLUDING RE- 31), AND 4, AND JONES-
VISED REQUIREMENTS; PRO- LADENBERGER ADDITION,
VIDING A PENALTY CLAUSE; BLOCK 1, LOT 1 BY CHANGING 2 Insertion(s)
PROVIDING THAT THIS ORDI- THE ZONING FROM TEXAS )
NANCE SHALL BE CUMULATIVE HIGHWAY 10 MULTI-USE DIS-
OF ALL ORDINANCES; PROVID- TRICT (TX-10) ZONING INTO Published On
ING A SEVERABILITY CLAUSE; PLANNED DEVELOPMENT (PD)
PROVIDING FOR PUBLICATION; ZONING AS DESCRIBED HERE- December 08,2018, December 09,
AND PROVIDING AN EFFECTIVE IN AND ON THE ATTACHED EX-
DATE. HIBIT A; PROVIDING A 2018
SECTION 2. SEVERABILITY CLAUSE; PRO-
VIDING A PENALTY FOR VIOLA-
PENALTY FOR VIOLATION. Any TION; PROVIDING A SAVINGS !
person,firm,or corporation vio- CLAUSE; PROVIDING FOR PUB-
lating any of the terms and pro- LICATION IN THE OFFICIAL
visions of this ordinance shall NEWSPAPER; AND PROVIDING
be deemed guilty of a misde- AN EFFECTIVE DATE.
meanor, and upon conviction SECTION 3.
thereof shall be fined in accord- PENALTY FOR VIOLATION. Any
ante with Chapter 1, "General person,firm,or corporation vio-
Provisions,' Section 1-12,"Gen- lating any of the terms and pro-
eral Penalty," Euless Code of vision3 of this ordinance shall
Ordinances. Each such violation be deemed guilty of a misde-
shall be deemed a separate of- meanor, and upon conviction
fense and shall be punishable as thereof shall be fined in accord-
such hereunder, ante with Chapter 1, "General
SECTION 5, eral Provisions
Penalt Sec EulesstionlCodee
y,'� of ,
Ordinances. Each such violation
PUBLICATION CLAUSE. The City shall be deemed a separate of-
Secretary
f Secretary of the City of Euless fense and shall be punishable as
is hereby directed to publish in such hereunder.
the official newspaper of the SECTION 5. SUBSCRIBED AND SWORN TO
City of Euless, as required by PUBLICATION CLAUSE. The City
Section 12 of Article II of the Secretary of the City of Euless BEFORE ME, THIS 10th day of
Charter of the City of Euless. is hereby directed to publish to
the official newspaper of the December in the year of 2018
SECTION 6. City of Euless, as required by
Section 12 of Article II of the
EFFECTIVE DATE. This ordinance Charter of the City of Euless.
shall be in full force and effect SECTION 6.
from and after its passage, as EFFECTIVE DATE. This ordinance
provided by the Euless City shall be in full force and effect
Charter and the laws of the from and after its passage, as
State of Texas. provided by the Euless City
Charter and the laws of the otary kiublic-
PRESENTED AND PASSED ON State of Texas.
FIRST AND FINAL READING at PRESENTED AND PASSED ON
FIRST AND FINAL READING at
a regular meeting of the Euless —"
+ City Council on November 27, av PUA;•,
zols, by a vote of 7 ayes, o :s: <, STEFANI SCOTT 6EARD
nays,and 0 abstentions._ '' .' •' My Notary ID#131768951
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