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t. ~~ KERR COUNTY
°±~~'~ ~~ ENVIRONMENTAL HEALTH DEPARTMENT
~~'
~r~~~; ~ 101 Spur 10(I
~~. „i ~'~` Kerrville, Texae 78028
(512) 896-5101
f4EMORANDUM
To: Commissioners Court
From: David Litke :x'~.~~
Date: October 5, 199
subject: Revisions to the Flood Damage Prevention Order and establishment of fee
Attached is a revised and updated order r"or your review.
This order follows the suggested model order from the Texas Water Commission.
,4dopting this order will be an updating of the order from 19°7 when the Upper
Guadalupe River Authority administered the program. It removes old, redundant,
and outdated wording.
Action is requested from the Commissioners Court to adopt the order as presented
and establish a basic fee of $15.00 for• an application or- written determination.
The fee would cover., exemptions, development permits, authorizations or requests
fcr written flood determinations.
currently fees are $10.00 for an exemption and $75.00 fora development permit.
The reduced fee is suggested since additional surveyor e'<pense is incurred by the
applicant for a development permit.
ejg
Attachment


COMM I SS i ONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO 8E REVIEWED BY THE COURT
MADE BY: 1~.Ja ~~~ L~~~~-
OFFICE: ~~/•
,b~
MEETING DATE: ~o ~B~- ~~~-
SUBJECT: (PLEA~//S/~E BE SPEC/l/~FiC)
~'/w~ JC/~/~i/~~fQ N !^ ~w
TIME PREFERRED: ~- ~i .
~~tZ~ ~LLt/~~S/c
~~
EXECUTIVE SESSION REQUESTED: YES ____,_~ NO
PLEASE STATE REASON FOR EXECUTIVE SESSION
EST {MATED LENGTH OF PRESENTAT i ON: ____.~ ~ ~ ~' ~~~'
PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: ~~ ~'~ ~~~'~.s--
Time for submitting this request for Court to assure that the matter is posted in accordance
with Article 6252-17 is as follows:
* Meetings held on Monday: 12:00 P.M. previous Wednesday
THIS REflUEST RECEIVED BY:
THIS REflUEST RECEIVED ON : ~, ~
Ail Agenda Requests will be screened by the County Judge's Office to determine It
adequate information has been prepared for the Court's formal consideration and action
at time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earnest opportunity. See Agenda Request
GuidP~ Ines.

COf"1i"11 SS I ONERS' COURT AGENDA REQUEST
*PLEASE FURNISH ONE ORIGINAL AND FiV~ COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REV i EWED BY THE COURT
MADE BY: ~~~~-~ L, ~ -~-
MEETING DATE: ~~ -~! -3 ~",lam
SUBJECT: (PLEASE BE SPECIFIC)
OFFICE: ~n~'~'~ ~~t~_L~y~i
TIME PREFERRED:
-~ ~...~
EXECUTIVE SESSION REQUESTED: YES rN0 _,.~._
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION: ~Lf ~~ n ~'~~ s
PERSONNEL MATTER - NAME OF EMPLOYEE: `~
NAME OF PERSON ADDRESS i NG THE COURT: ~~~ ~ ~~ G ~='~
Time for submitting this request for Court to assure that the matter is posted in accordance
with Article 5252-17 is as follows:
* Meetings held on Monday: 12:00 P.M. previous Wednesday
THIS REDDEST RECE! VED BY:
THIS REQUEST RECEIVED ON : ~
Ail Agenda Requests will be screened by the County Judge's Off ice to determine i f
adequate information has been prepared for the Court's formal consideration and action
at time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity. See Agenda Request
Guidelines.
E KERR COUNTY
ENVIRONMENTAL HEALTH DEPARTMENT
x , `~? a
101 Spur 100
~`~+ oc ```~ Herrville, Texas 78028
(512) 896.5101
MEMORANDUM
To: Commissioners Court
From: David Litke ,~.%~,~
Date: October 5, 1992
Subject: Revisions to the Flood Damage Prevention Order and establishment of fee
Attached is a revised and updated order for your review.
This order follows the suggested model order from the Texas Water Commission.
Adopting this order will be an updating of the order from 1987 when the Upper
Guadalupe River Authority administered the program. It removes old, redundant,
and outdated wording.
Action is requested from the Commissioners Court to adopt the order as presented
and establish a basic fee of $15.00 for an application or written determination.
The fee would cover, exemptions, development permits, authorizations or requests
for written flood determinations.
Currently fees are $10.00 for an exemption and $75.00 fora development permit.
The reduced fee is suggested since additional surveyor expense is incurred by the
applicant for a development permit.
ejg
Attachment
® Recycled Paper
FLOOD DAMAGE PREVENTION ORDER
ARTICLE I
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
SECTION a. STATUTORY AUTHORIZATION
The Legislature of the State of Texas has in Texas Water Code, Section 16.315
delegated the responsibility of local governmental units to adopt regulations
designed to minimize flood losses. Therefore, the Commissioner's Court of Kerr
County, Texas, does ordain as follows:
SECTION B. FINDINGS OF FACT
(1) The flood hazard areas of Kerr County 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 hazards areas by uses vulnerable to
floods and hazardous to other lands because they are inadequately elevated,
floodproofed or otherwise protected from flood damage.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this order 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
1
(7) Insure that--potential buyers are notified that property is in a flood
area.
SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this order 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;
(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.
SECTION E. VIOLATIONS AND PENALTIES
Any person, firm, corporation or agent who shall violate a provision of this
regulation, or fail to comply therewith, or with any of the requirements thereof,
or who shall erect, construct, or alter, any structure, or shall place any fill
material, in violation of the detailed statement or drawing submitted and
approved thereunder, shall be guilty of contempt of the Commissioners' Court of
Kerr County, Texas. Each such person shall be deemed guilty of a separate
offense for each and every day, or portion thereof, during which any violation
or any of the provisions of this regulation is committed, or continued. The
Flood Plain Administrator is authorized to file with the County Clerk a Motion
suggesting contempt for failure to comply with these regulations. After filing,
said Motion shall be presented to the County Judge who shall set a day and time
for the Respondent to appear and show cause why he should not be held in
contempt, which time shall not be less than ten (10) nor more than twenty (20)
days from the date of filing of said Motion, whereupon the clerk shall issue a
citation and notice of setting for service upon said Respondent. At said hearing
Respondent shall be accorded the right to counsel, the right of confrontation,
the right to summon and examine witnesses, and the right to testify and offer
evidence in his behalf. If after such hearing before the Commissioners' Court
he should be held in violation of the regulations and in contempt of the Orders
of the Court as expressed in these regulations, then he may be punished by a fine
not to exceed $25.00 for each offense or by imprisonment not to exceed twenty-
four hours for each offense.
2
SECTION F. 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 regulation.
SECTION G. 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 regulation, 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
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 twenty-four (24) hours from the time oral notice to stop work is issued.
SECTION H. REVOCATION OF PERMIT
The Floodplain Administrator may revoke a permit or approval issued under the
provisions of this regulation, in cases where there has been any false statement
or misrepresentation as to a material fact in the application of plans upon which
the permit or approval was based.
ARTICLE 2
DEFINITIONS
Unless specifically defined below, words or phrases used in this order shall be
interpreted to give them the meaning they have in common usage and to five this
order 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.
AREA OF SHALLOW FLOODING - means a designated A0, AH, or VO zone on a
community's Flood Insurance Rate Map (FIRM) with a one percent
chance 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 - is the land in the floodplain within a
community subject to a one percent or greater chance of flooding in
any given year. The area may be designated as Zone A on the Flood
Hazard Boundary Map (FHBM). After detailed ratemaking has been
completed in preparation for publication of the FIRM, Zone A usually
is refined into Zones A, AE, AH, A0, Al-99, VO, V1-30, VE, or V.
BASE FLOOD - means the flood having a one percent chance of being equalled
or exceeded in any given year.
BASEMENT - means any area of the building having its floor subgrade (below
ground level) on all sides.
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 in 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.
4
ELEVATED BUILDING - means a nonbasement building (i) built, in the case of
a building in Zones Al-30, AE, A, A99, A0, 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 the elevated floor elevated above the ground
level by means of pilings, columns (posts and piers), or shear walls
parallel to the floor of the water and (ii) 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, A0, AH, B, C, X, and D, "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 flood waters. In the case of Zones V1-30,
VE, or V, "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 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.
EXPANSION TO AN EXITING MANUFACTURED HOME PARK OR SUBDIVISION - means the
preparation of additional sites by the construction of facilities
for servicing the lots on which them 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 INSURANCE RATE MAP (FIRM) - means an official map of a community, on
which the Federal Emergency Management Agency has delineated both
the areas of special flood hazards and the risk premium zones
applicable to the community.
5
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.
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 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.
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 (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, 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.
s
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:
(a) 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;
(b) 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;
(c) Individually listed on a state inventory of historic places in states
with historic preservation programs which have been approved by the Secretary of
Interior; or
(d) Individually listed on a local inventory or historic places in
communities with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of
the Interior or;
(2) Directly by the Secretary of the Interior in states without
approved programs.
LEVEE - means a man-made structure, usually an earthen embankment,designed and
constructed in accordance with sound engineering practices to contain, control,
or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM - means a flood protection system which consists of a levee,
or levees, and associated structures, such as closure and drainage
devices, which are constructed and operated in accordance with sound
engineering practices.
LOWEST FLOOR - means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant enclosure,
usable solely for parking or vehicles, building access or storage in
an area other than a basement area is not considered a building's
lowest floor; provided that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation
design requirement of Section 60.3 of the National Flood Insurance
Program regulations.
7
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 National Geodetic Vertical Datum (NGVD) of 1929 or
other datum, to which base flood elevations shown on a community's
Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION - means, for the purpose of determining insurance rates,
structures for which the "start of construction" commenced on or
after the effective date of an initial FIRM or after December 31,
1974, whichever is later, and includes any subsequent improvements
to such structures. For floodplain management purposes, "new
construction" means structures for which the "start of construction"
commenced on or after the effective date of a floodplain management
regulation adopted by a community and includes any subsequent
improvements to such structures.
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 of a single
chassis: (ii) 400 square feet or less when measured at the largest
horizontal projections: (iii) designed to be self-propelled or
permanently towable by a light duty truck; and (iv) designed
primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
8
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 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 50 percent of the market value of
the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation,
addition, or other improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure
before "start of construction" of the improvement. This 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 enforcement official and which are the minimum necessary
conditions or (2) Any alteration or a "historic structure" provided
that the alteration will not preclude the structure's continued
designation as a "historic structure."
VARIANCE - is a grant of relief to a person from the requirement of this
order when specific enforcement would result in unnecessary
hardship. A variance, therefore, permits construction or
development in a manner otherwise prohibited by this order. (For
full requirements see Section 60.6 of the National Flood Insurance
Program regulations.)
9
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 National
Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where
specified), of floods of various magnitudes and frequencies in the
floodplains of coastal or riverine areas.
10
ARTICLE 3
GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDER APPLIES
The order shall apply to all areas of special flood hazard with the
jurisdiction of the unincorporated areas of Kerr County, Texas.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency Management
Agency in a scientific and engineering report entitled, "The Flood Insurance
Study for Kerr County, Texas," dated January 1979, with accompanying Flood
Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any
revisions thereto are hereby adopted by reference and declared to be a part of
this order.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required to ensure conformance with the provisions
of this order.
SECTION D. COMPLIANCE
No structure or land shall hereafter be located, altered, or have its use changed
without full compliance with the terms of this order and other applicable
regulations.
SECTION E. ABROGATION AND GREATER RESTRICTIONS
This order is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this order and another conflict
or overlap, whichever imposes the more stringent restrictions shall prevail.
SECTION F. INTERPRETATION
In the interpretation and application of this order, 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.
11
SECTION G. WARNING AND DISCLAIMER OR LIABILITY
The degree of flood protection required by this order 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 order 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 order 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 order or any
administrative decision lawfully made thereunder.
12
ARTICLE 4
ADMINISTRATION
SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The Director of the Kerr County Environmental Health Department is hereby
appointed the Floodplain Administrator to administer and implement the provisions
of this order and other appropriate sections of 44 CFR (National Flood Insurance
Program Regulations) pertaining to floodplain management.
SECTION B. DUTIES AND 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 order.
(2) Review permit application to determine whether proposed building
site, including the placement of manufactured homes, will be reasonable
safe from flooding.
(3) Review, approve or deny all applications for development permits
required by adoption of this order.
(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 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 Commission, 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.
13
(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
with 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 Al-30, AE, AH, on the community's FIRM which
increases the water surface elevation of the base flood by more than one
foot, provided that the community first applies for a conditional FIRM
revision through FEMA.
SECTION C. PERMIT PROCEDURES
(1) Application for a 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;
b. Elevation in relation to mean sea level to which any non
residential 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).
14
(2) Approval or denial of a Development Permit by the Floodplain
Administrator shall be based on all of the provisions of this order 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 flood waters and the effects of wave
action, if applicable, expected at the site;
h. The necessity to the facility of a waterfront location, where
applicable;
i. The availability of alternative locations, not subject to
flooding or erosion damage, for the proposed use;
j. The relationship of the proposed use to the comprehensive plan
for that area.
SECTION D. VARIANCE PROCEDURES
(1) The Kerr County Commissioners' Court shall hear and render judgement
on requests for variances from the requirements of this order.
(2) The Kerr County Commissioners' Court shall hear and render judgement
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 order.
(3) Any person or persons aggrieved by the decision of the Commissioners'
Court may appeal such decision in the courts of competent jurisdiction.
15
(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 order.
(6) 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, providing the relevant factors in Section C(2)
of this Article have been fully considered. As the lot size increases
beyond the one-half acre, the technical justification required for issuing
the variance increases.
(7) Upon consideration of the factors noted above and the intent of this
order, the Commissioners' Court may attach such conditions to the granting
of variances as it deems necessary to further the purpose and objectives
of this order (Article 1, Section C).
(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
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 orders.
16
c. Any application 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 base flood elevation, and that
the cost of flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation.
d. 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)-(g) 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.
17
ARTICLE 5
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION 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 modlfied) 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.
SECTION 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 6(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.
18
(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 deign 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 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.
(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.
19

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 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, (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.
SECTION 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 order.
(2) All proposals for the development of subdivisions including the
placement of manufactured home parks and subdivisions shall meet
Development Permit requirements of Article 3, Section C; Article 4,
Section C; and the provisions of Article 5 of this order.
20
(3) Base flood elevation data shall be generated by the developer for
subdivision proposals and other proposed development including the
placement of manufactured home parks. All proposals for the development
of subdivisions shall be consistent with the provisions contained in this
order and shall meet development permit requirements as specified in this
order.
(4) All subdivision plats shall have the flood hazard area clearly
delineated on the plat and where appropriate, shall have minimum floor
elevations for all lots located within flood hazard areas.
(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.
SECTION 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 base flood depths of 1 to 3 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:
(t) All new construction and substantial improvements of residential
structures 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 number is
specified).
(2) All new construction and substantial improvements of non-residential
structures;
(i) 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;
(ii) 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 of effects of buoyancy.
21
(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(i)a., are satisfied.
(4) Require with Zones AH or AO adequate drainage paths around structures
on slopes to guide flood waters around and away from proposed structures.
SECTION 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 provision of 44 CFR Chapter 1, Section 65.12, of the
National Flood Insurance 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 applies for a
conditional FIRM and floodway revision through FEMA.
22
Item No. 2.11
Consider revisions to the Flood Damage Prevention Order and establishment
of fees. (This item was passed)
" KERR COUNTY
.~ ENVIRONMENTAL HEALTH DEPARTMENT
101 Spur 100
°`'~r °t ` Kerrville, Texae 78028
(512) 896-5101
MEMORANDUM
To: Judge Stacy and Commissioners Court
From: David Litke
Date: October 23, 1992
Subject: Comparison of proposed Flood Damage Prevention Order in relation to
existing order and model order
The following is a comparison by article using the proposed order as the basis
to make comparisons to the other two documents. Attached is one copy of each of
the documents.
General The word order is used instead of the word ordinance
throughout the document.
ARTICLE 1
Section	A	Same	as	modal order and	existing	order.
Section	B	Same	as	model order and	existing	order.
Section	C	Same	as	model order and	existing	order.
Section	D	Same	as	model order and	existing	order.
Section	E	Same	as	existing order	and recommended by Texas Water
		Commission (TWC) to be	included.	
Section	F	Same	as	existing order.		
Section	G	Same	as	existing order.		
Section	H	Same	as	existing order.		
ARTICLE 2
Definitions are same unless noted below.
Alluvial Fan Flooding
Apex
Basement
Existing Manufactured
Home Park or
Subdivision
Expansion to an existing
Manufactured Home Park
or Subdivision
Floodplain Management
Floodplain Management
Regulations
Flood Proofing
Functionally dependent
use
Habitable Floor
Historic Structure
Manufactured Home Park
or Subdivision
New Construction
New Manufactured Home
Park or Subdivision
Recreational Vehicle
Substantial Damage
ARTICLE 3
Section A
Section B
Section C
Section 0
Section E
Section F
Same as model order not in current order,
Same as model order not in current order.
Added from model order
Added from model order.
Added from model order.
Added from model order.
Added from model order.
Added from model order.
Added from model order.
Deleted from existing order, not in model order,
Added from model order.
Added from model order.
Expanded definition wording from model order.
Added from model arder.
Added from model order.
Added from model order.
Same as existing order and model
Same as existing order and model
Same as model order, shortened f
Same as existing order and model
Same as existing order and model
Same as existing order and model
order.
order.
rom existing order.
order.
order.
arder.
Section G Same as existing order and model order.
ARTICLE 4
Section A Floodplain Administrator changed from Upper Guadalupe
River Authority, General Manager, to Director, KCEHD,
wording of paragraph same in all orders.
Section B
Paragraphs 1 thru 9 Same in all orders.
Paragraph 10 Same as model order.
Paragraph 10 From existing order replaced by above paragraph 10.
Section C Same as existing and model order.
Section D
Paragraphs 1 thru 8 Same as existing and model order.
Paragraphs 9 and 10 Same wording and content as existing order, paragraph 9
and model order paragraph 10.
ARTICLE 5
Section A	Same as	model	order and existing order.
Section B			
Paragraphs 1 thru 3	Same as	model	order and existing order.
Paragraph 4	Same as	model	order, more detailed than existing order.
Paragraph 5	Same as	model	order, not in existing order.
Section C	Proposed orde	r has six paragraphs, existing order has
	eight paragra	phs, and model order has 5 paragraphs.
Section D	Same as	model	order and existing order.
Section E			
Paragraph 3	Same as	model	order.
Paragraph 3	Deleted	from	existing order.
FLOOD DAMAGE PREVENTION ORDER
ARTICLE I
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
SECTION a. STATUTORY AUTHORIZATION
The Legislature of the State of Texas has in Texas Water Code, Section 16.315
delegated the responsibility of local governmental units to adopt regulations
designed to minimize flood losses. Therefore, the Commissioner's Court of Kerr
County, Texas, does ordain as follows:
SECTION B. FINDINGS OF FACT
(1) The flood hazard areas of Kerr County 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 hazards areas by uses vulnerable to
floods and hazardous to other lands because they are inadequately elevated,
floodproofed or otherwise protected from flood damage.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this order 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
flordn'a~ns-
t6~ Help maintain a stable tax base by providing for the sour:c use and
development of flood-prone areas in such a canner as to minimize future flood
blight areas; and
1
(7) Insure tha'^~otential buyers are notified th$t property is in a flood
area.
SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this order 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;
(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.
SECTION E. VIOLATIONS AND PENALTIES
Any person, firm, corporation or agent who shall violate a provision of this
regulation, or fail to comply therewith, or with any of the requirements thereof,
or who shall erect, construct, or alter, any structure, or shall place any fill
material, in violation of the detailed statement or drawing submitted and
approved thereunder, shall be guilty of contempt of the Commissioners' Court of
Kerr County, Texas. Each such person shall be deemed guilty of a separate
offense for each and every day, or portion thereof, during which any violation
or any of the provisions of this regulation is committed, or continued. The
Flood Plain Administrator is authorized to file with the County Clerk a Motion
suggesting contempt for failure to comply with these regulations. After filing,
said Motion shall be presented to the County Judge who shall set a day and time
for the Respondent to appear and show cause why he should not be held in
contempt, which time shall not be less than ten (10) nor more than twenty (20)
days from the date of filing of said Motion, whereupon the clerk shall issue a
citation and notice of setting for service upon said Respondent. At said hearing
Respondent shall be accorded the right to counsel, the right of confrontation,
the right to summon and examine witnesses, and the right to testify and offer
evidence in his behalf. If after such hearing before the Commissioners' Court
he should be held in violation of the regulations and in contempt of the Orders
of the Court as expressed in these regulations, then he may be punished by a fine
not to exceed $25.00 for each offense or by imprisonment not to exceed twenty-
four hours for each offense.
2
SECTION F. 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 regulation.
SECTION G. 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 regulation, 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
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 twenty-four (24) hours from the time oral notice to stop work is issued.
SECTION H. REVOCATION OF PERMIT
The Floodplain Administrator may revoke a permit or approval
provisions of this regulation, in cases where there has been an
or misrepresentation as to a material fact in the application of
the permit or approval was based.
issued under the
y false statement
plans upon which
3
ARTICLE 2
DEFINITIONS
Unless specifically defined below, words or phrases used in this order shall be
interpreted to give them the meaning they have in common usage and to five this
order 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.
AREA OF SHALLOW FLOODING - means a designated A0, AH, or VO zone on a
community's Flood Insurance Rate Map (FIRM) with a one percent
chance 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 - is the land in the floodplain within a
community subject to a one percent or greater chance of flooding in
any given year. The area may be designated as Zone A on the Flood
Hazard Boundary Map (FHBM). After detailed ratemaking has been
completed in preparation for publication of the FIRM, Zone A usually
is refined into Zones A, AE, AH, A0, Ai-99, V0, V1-30, VE, or V.
BASE FLOOD - means the flood having a one percent chance of being equalled
or exceeded in any given year.
BASEMENT - means any area of the building having its floor subgrade (below
ground level) on all sides.
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 in 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.
4
ELEVATED BUILDING - means a nonbasement building (i) built, in the case of
a building in Zones At-30, AE, A, A99, A0, 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 the elevated floor elevated above the ground
level by means of pilings, columns (posts and piers), or shear walls
parallel to the floor of the water and (ii) 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, A0, AH, B, C, X, and D, "elevated building"
also includes a building elevated by means of fill ar solid
foundation perimeter walls with openings sufficient to facilitate
the unimpeded movement of flood waters. In the case of Zones V1-30,
VE, or V, "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 80.3(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 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.
EXPANSION TO AN EXITING MANUFACTURED HOME PARK OR SUBDIVISION - means the
preparation of additional sites by the construction of facilities
for servicing the lots on which them 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.
FLO~'~ -!_'F~HCE °"TF ~!4P (rIRM) - means an official map of a community, on
wn~cr-~ the ~eder-al Emergency Management Agency has delineated both
the areas of specia' flood hazards and the risk premium zones
applicable to the community.
5
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.
FLGGDPLAIN 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 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.
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 (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, part 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.
6
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:
(a) 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;
(b) 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;
(c) Individually listed on a state inventory of historic places in states
with historic preservation programs which have been approved by the Secretary of
Interior; or
(d) Individually listed on a local inventory or historic places in
communities with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of
the Interior or;
(2) Directly by the Secretary of the Interior in states without
approved programs.
LEVEE - means a man-made structure, usually an earthen embankment,designed and
constructed in accordance with sound engineering practices to contain, control,
or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM - means a flood protection system which consists of a levee,
or levees, and associated structures, such as closure and drainage
devices, which are constructed and operated in accordance with sound
engineering practices.
LOWEST FLOOR - means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant enclosure,
usable solely for parking or vehicles, building access or storage in
an area other than a basement area is not considered a building's
lowest floor; provided that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation
design requirement of Section 60.3 of the National Flood Insurance
Program regulations.
7
MANUFACTURED HOME - means a structure transportable in one or more
sections, which is built on a permanent chassis and is designed for
use with cr 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 National Geodetic Vertical Datum (NGVD) of 1929 or
other datum, to which base flood elevations shown on a community's
Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION -means, for the purpose of determining insurance rates,
structures for which the "start of construction" commenced on or
after the effective date of an initial FIRM or after December 31,
1974, whichever is later, and includes any subsequent improvements
to such structures. For floodplain management purposes, "new
construction" means structures for which the "start of construction"
commenced on or after the effective date of a floodplain management
regulation adopted by a community and includes any subsequent
improvements to such structures.
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 of a single
chassis: .; ii) 400 square feet or less when measured at the largest
horizontal projections: (iii) designed to be self-propelled or
permanent'y towable by a light duty truck; and (iv) designed
primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
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 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 50 percent of the market value of
the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT - rr+eans any reconstruction, rehabilitation,
addition, or other improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure
before "start of construction" of the improvement. This 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 enforcement official and which are the minimum necessary
conditions or (2) Any alteration or a "historic structure" provided
that the alteration will not preclude the structure's continued
designation as a "historic structure."
VARIANCE - is a grant of relief to a person from the requirement of this
order when specific enforcement would result in unnecessary
~.r ~ A ~Jariai~~, therefore, permits construction or
ae4elc;pment in a manner otherwise prohibited by this order. (For
full requirements see Section 60.fi of th? National Flood Insurance
Program regulations.)
9
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 National
Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where
specified), of floods of various magnitudes and frequencies in the
floodplains of coastal or riverine areas.
10
ARTICLE 3
GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDER APPLIES
The order shall apply to all areas of special flood hazard with the
jurisdiction of the unincorporated areas of Kerr County, Texas.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency Management
Agency in a scientific and engineering report entitled, "The Flood Insurance
Study for Kerr County, Texas," dated January 1979, with accompanying Flood
Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any
revisions thereto are hereby adopted by reference and declared to be a part of
this order.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required to ensure conformance with the provisions
of this order.
SECTION D. COMPLIANCE
No structure or land shall hereafter be located, altered, or have its use changed
without full compliance with the terms of this order and other applicable
regulations.
SECTION E. ABROGATION AND GREATER RESTRICTIONS
This order is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this order and another conflict
or overlap, whichever imposes the more stringent restrictions shall prevail.
SECTION F. INTERPRETATION
In the interpretation and application of this order, 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.
11
SECTION G. WARNING AND DISCLAIMER OR LIABILITY
The degree of flood protection required by this order 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 order 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 order 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 order or any
administrative decision lawfully made thereunder.
12
ARTICLE 4
ADMINISTRATION
SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The Director of the Kerr County Environmental Health Department is hereby
appointed the Floodplain Administrator to administer and implement the provisions
of this order and other appropriate sections of 44 CFR (National Flood Insurance
Program Regulations) pertaining to floodplain management.
SECTION B. DUTIES AND 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 order.
(2) Review permit application to determine whether proposed building
site, including the placement of manufactured homes, will be reasonable
safe from flooding.
(3) Review, approve or deny all applications for development permits
required by adoption of this order.
(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 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 Commission, 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.
13
(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
with Zones Af-30 and AE on the Community's FIRM, unless it is demonstrated
that the cumulative effect of the proposed development, when combined with
a]7 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 Al-30, AE, AH, on the community's FIRM which
increases the water surface elevation of the base flood by more than one
foot, provided that the community first applies for a conditional FIRM
revision through FEMA.
SECTION C. PERMIT PROCEDURES
(i) Application for a 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;
b. Elevation in relation to mean sea level to which any non
residential structure shal] 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)(?).
14
(2) Approval or denial of a Development Permit by the Floodplain
Administrator shall be based on all of the provisions of this order 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 flood waters and the effects of wave
action, if applicable, expected at the site;
h. The necessity to the facility of a waterfront location, where
applicable;
i. The availability of alternative locations, not subject to
flooding or erosion damage, for the proposed use;
j. The relationship of the proposed use to the comprehensive plan
for that area.
SECTION D. VARIANCE PROCEDURES
(1) The Kerr County Commissioners' Court shall hear and render judgement
on requests for variances from the requirements of this order.
(2) The Kerr County Commissioners' Court shall hear and render judgement
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 order.
t,s; „c,y perscr or persons aggrieved by the decision cf the Commissioners'
Court may appeal such decisicr in the courts of competent jurisdiction.
15
(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
Flaces or the State Inventory of Historic Places, without regard to the
procedures set forth in the remainder of this order.
(6) 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, providing the relevant factors in Section C(2)
of this Article have been fully considered. As the lot size increases
beyond the one-half acre, the technical justification required for issuing
the variance increases.
(7) Upon consideration of the factors noted above and the intent of this
order, the Commissioners' Court may attach such conditions to the granting
of variances as it deems necessary to further the purpose and objectives
of this order (Article 1, Section C).
(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
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 orders.
16
c. Any application 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 base flood elevation, and that
the cost of flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation.
d. 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.
17
ARTICLE 5
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
in all areas of special flood hazards the following provisions are required for
all new construction and substantial improvements.
(1) Ali 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 ar 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.
SECTION 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 o~ `his
subsection as proposed in Article 4, Sectior} C(1)a., is satisfied.
18
(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 deign 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 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.
(4) Manufactured Homes -
a. Require that all manufactured homes to be placed within Zone A
on a community's FNBM 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
anchoring may include, but are not limited to, use
or frame ties to ground anchors. This requirement i
applicable State and local anchoring requirements fo
forces.
Methods of
of over-the-top
s in addition to
r resisting wind
79
b. Require that manufactured homes that are placed or substantiall•~
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 tf~e lowest
floor of the manufactured home is elevated to or 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 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 cn
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, (ii) be fully licensed
and ready for highway use, or (iii) meet the permit require-gents 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.
SECTION 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 order.
(2) All proposals for the development of subdivisions including the
placement of manufactured home parks and subdivisions sr~ll meet
Development Permit requirements of Article 3, Section C; Ar*icle -.
Section C; and the provisions of Article 5 of this order.
20
(3) Base flood elevation data shall be generated by the developer for
subdivision proposals and other proposed development ~nciud~ng the
placement of manufactured home parks. Ail proposals for the development
of subdivisions shall be consistent with the provisions contained in this
order and shall meet development permit requirements as specified in this
order.
(4) All subdivision plats shall have the flood hazard area clearly
delineated on the plat and where appropriate, shall have minimum floor
elevations for all lots located within flood hazard areas.
(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.
SECTION 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 base flood depths of 1 to 3 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) All new construction and substantial improvements of residential
structures 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 number is
specified).
(2) All new construction and substantial improvements of non-residential
structures;
(i) 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;
(ii) 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
+~iter ar.d with structural components having the capability of
resisting hydrostatic and hydrodynamic loads of effects of buoyancy.
21
(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(1)a., are satisfied.
(4) Require with Zones AH or AO adequate drainage paths around structures
on slopes to guide flood waters around and away from proposed structures.
SECTION 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 provision of 44 CFR Chapter 1, Section 65.12, of the
National Flood Insurance 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 applies for a
conditional FIRM and floodway revision through FEMA.
22