I•a3 ~a13061.a3 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Commissioner Williams OFFICE: Precinct 2 MEETING DATE: February 13, 2006 TIME PREFERRED: SUBJECT: (Please be specific). Consider and discuss relevance of Kerr County Flood and Damage Prevention Order No. 26463, approved June 26, 2000, and subsequent Court Order No. 28420, adopted Nov. 24, 2003, which amended the original order, as it may apply to mining, rock crushing and related operations in or near the Flood Plain of the Guadalupe River and/or its tributazies; and take appropriate actions to strengthen same EXECUTIVE SESSION REQUESTED: NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams, County Attorney, Mike Howazd, TCEQ. ESTIMATED LENGTH OF PRESENTATION: Undetermined. IF PERSONNEL MATTER-NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court meetings. Your cooperation is appreciated and contributes towazd your request being addressed at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court. , ~ Dtleted: 60.3~d) FLOOD DAMAGE PREVENTION ORDYit2 Number .'26463 oe~ema: at~urce ARTICLE I STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS SECTION A. STATUTORY AUTHORIZATION The Legislature of the State of Tex~a.', has in Texas Water Code Section 16.3.1.5 delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the Commissioners CourtnfRerr County. Texas, does ordain as follows: SECTION 8. FDYDING$ OF FACT (1) The flood hazard areas of Kerr Countyare subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard azeas 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 ordinance to promote the public health, safety and general welfaze 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; (6J Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area. SECTION D. METHODS OF REDUCING FLOOD LOSBES In order to accomplish its purposes, this ordinance uses the following methods (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (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 ANll pENALTIES Anv person, firm, corporation or agent shall violate a urovision of this reeUlation, or fair to comply therewith, or with anv requirements therof, ar who shall erect, construct, or alter, anv structure, ar shall place anv fill materiral, in violation of the detailed statement or drawin¢ submitted and anv violation of any of the provisions of this regulation is committed, or continued. The Flooplain Administrator is authorized to file with the County CLerk a Motion suggesting contemp For failure of comply with these re¢ulations. After filin¢, said Motion shall be presented to the of said Motion, whereupon the Clerk shall issue a citation and notice of settin¢ for service upon said Respondent. At said hearin¢ Respondent SECTION F. RIGHT OF ENTRY The floodplain Administrator, or his duly authorized representative, may enter anv buildin¢, structure, or premises to perform any duties imposed upon him by this regulation. SECTION G. STOP wORI{ ORllER CTpon notice from the Floodplain Administrator that work on anv building„ structure, dike, bride, ar any imErovemeut which would aikect water drainage, is being dons coutrarv to the provisions of this regulation, ar in a dan¢erous or unsafe manner, such wank shall be immediately stopped. Such notice shall be in wiitin¢ and shall be ¢iven to the owner of the property ar to his agent, or the person doing the work, and shall state the conditions under which work man be resumed. whore an emergency exists, no written notice shall be required to be given by the Flooplain Administrator. provided written notice shall fallow within twenty-four (241 hours Fram the time oral notice to slap work is issued. SECTIOR' Ii. REVOCATION' OF pERbILT imprisonment not to exceed twenty=for f24! hours for each offense. The flnndulain Administrator may revolee a uermit or auproval issued wader the nrovisioas of this regulaYton in cases where there has bean any false statement or misrepresentation as to a material fart in the application of plans upon 'ahich the permit or approval was based Section I. SEVERABILITY It is herebp declared to be the intention of the Commissioner's Court of I{err County Texas that the phrases clauses sentences paragraphs and sentences, para¢raphs, and sections of this Order since the same would have been eaacted by the Commissioners Court without incorporation in this Order of such unconstitutional phrase clause sentence para¢raph os SeCtlon. ARTICLE 2 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give [hem the meaning they have in common usage and to give this ordinance its most reasonable application. ALLUVIAL FAN FLOODING -means flooding occurring on the surface of an alluvial fan or simIlaz landform which originates at the apex and is chazacterized by high-velocity flows; active processes of erosion, sediment transport, and deposifion; and unpredictable flow paths. APEX - means a point on an alluvial fan or similaz landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. Formatted: CenMretl APPURTENANT STRUCTURE - means a structure which is on the same pazcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure AREA OF FUTURE CONDITIONS FLOOD HAZARD -means the land area that would be inundated by the 1-percent-annual chance (100 yeaz) flood based on future conditions hydrology. AREA OF SHALLOW FLOODING - means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a cleazly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. The azea may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, Al-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V 1-30, VE or V. BASE FLOOD -means the flood having a 1 percent chance of being equaled or exceeded in any given year. BASEMENT -means any area of the buflding having its floor subgrade (below ground level) on all sides. ,BREAKAWAY WALL - means a wall that is not part of the structural support Formattetl: Font color: Blue of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT -means any man-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, Filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING -means, for insurance purposes, anon-basement building, which has its lowest elevated floor, raised above ground level by foundation walls, sheaz walls, posts, piers, pilings, or columns. EXISTING CONSTRUCTION -means for the purposes of determining rates, structures for which the "start of construction' commenced before the effective date of the FIRM or before January 1, 1975, for FIRMS efl'ective before that date. "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARR OR 8UBDIVISION -means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes aze 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 EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes aze 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 azeas from: (1) the overflow of inland or tidal waters. (2) the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD ELEVATION STUDY - means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. FLOOD INSURANCE RATE MAP (FD2bt) - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community. FLOOD INBURANCE STUDY (FIS) -see Flood Elevation Study FLOODPLAIN OR FLOOD-PRONE AREA -means any land azea 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 REGULATION3 -means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. FLOOD PROTECTION SYSTEM -means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works aze those constructed in conformance with sound engineering standards. FLOOD PROOFING -means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY -see Regulatory Floodway FUNCTIONALLY DEPENDENT UBE - means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE -means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HI8TORIC STRUCTURE -means any structure that is (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (a) By an approved state program as determined by the Secretary of the Interior or; (b) Directly by the Secretary of the Interior in states without approved programs. 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 unfmished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an azea other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL -means, for purposes of the National Flood Insurance Program, the 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 utilitres, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodpiain management regulations adopted by a community. RECREATIONAL VEHICLE - means a vehicle which is (i) buIlt on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to beself-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. REGULATORY FLOODWAY -means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. RIVERINE -means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. 8PECIAL FLOOD HAZARD AREA -see Area of Special Flood Hazard 8TART OF CON8TRUCTION - (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 prepazation, 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 gazages 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. BTRUCTURE -means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBBTANTiAr. DAMAGE - r..eans 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 term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of io a structure to correct emsting violations of state or local health, sanitary, or safety code specificafions which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure', provided that the alteration will not preclude the structure's continued designation as a "historic structure." VARIANCE - means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) VIOLATION -means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development ::?thoutv.,, e'e:~aso:-. ~aitif~~aie, of^er 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. ARTICLE 3 GENERAL PROVISIONS ii SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES The ordinance shall apply to all azeas of special flood hazard with the jurisdiction of,~Serr County. Texas. SECTION 8. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for,Kerr County. Texas." datedYfuly 19. 2000.. with accompanying. Flood Insurance Rate Maps and/or Flood Boundary- Floodway Maps (FIRM and/or FBFM) dated,July 19. 2000, and any revisions thereto are hereby adopted by reference and declazed to be a part of this ordinance. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Floodplain Development Permit shall be required to ensure conformance with the provisions of this ordinance. 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 ordinance and other applicable regulations. SECTION E. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION F. In the interpretation and application of this ordinance, all provisions shall be; (1) considered as minimum requirements; (2j liberally construed in favor of the governing body; and (3j deemed neither to limit nor repeal any other powers granted under State statutes. ONdtd: Roca! community Dddtd: 1. DBIdsA: ROTB: CORIMVRIT4 ESVRT CBOORB OR6 Or T`a6 rocLOwma orrtoxs To ADOPT OBPHBDIRG OR LEGAL wtrcRORtrY1 1 IF THERE I3 A LEGAI. AUTHORITY FOR THE AUTOMATIC ADOPTION BY REFERENCE OF FIS AND F1RM AND/OR FBFM, THE COMMUNITY MUST A-OPT THE FOLLOWING PROVISION:, Dddxd: ttram fhe FIS Title Deleted:! DdehM: !date of latest FIS and/or Index Panel Ddeted: j DNe[od: IAafe of latest FIRM and/or FBFMI. Deleted: ~ OR IF THERE IS RO LEGAL AUTHORITY FOR AUTOMATIC ADOPTION BY REFERENCE OF FIS AND FIRM AND/OR FBFM, THE COMMUNITY MUST ADOPT' THE FOLLOWING PROVISION:f 1 The areas of special good hexarA identi.~ ;.c prase.-.: 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 in£dtration 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 [n 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 aze 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 standazd of this subsection as proposed in Article 4, Section C (1) a., is satisfied. (2) Nonresidential Construction -new construction and substantial improvements of any commercial, industrial or other nonresidential structure i9 shall either have the lowest floor (including basement) elevated to or above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction aze 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 aze floodproofed shall be maintained by the Floodplain Administrator. (3) Enclosures -new construction and substantial improvements, with fully enclosed areas below the lowest floor that aze usable solely for pazking of vehicles, building access or storage in an area other than a basement and which aze 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 azchitect or meet or exceed the following minimum criteria: (a) A minimum of two openings on separate walls having a total net area of not less than 1 squaze inch for every square foot of enclosed azea subject to flooding shall be provided. grade. (b) The bottom of all openings shall be no higher than 1 foot above (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 20 requirement is in addition to applicable State and local anchoring requirements for resisting wind Forces. (b) Require that manufactured homes that are placed or substantially improved within Zones Al-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home pazk or subdivision, (iii) in an expansion to an existing manufactured home pazk or subdivision, or (iv) in an existing manufactured home pazk 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 pazagraph (4) of this section be elevated so that either: (i) the lowest floor of the manufactured home is at or above the base flood elevation, or (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (5) Recreational Vehicles -Require that recreational vehicles placed on sites within Zones Al-30, AH, and AE on the community's FIRM either (i) be on the site for fewer than 180 consecutive days, or (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements of Article 4, Section C (1), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. SECTION C. 8TANDARDS FOR SUBDIVISION PROPOSALS zi (1) All subdivision proposals including the placement of manufactured home pazks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this ordinance. (2) All proposals for the development of subdivisions including the placement of manufactured home pazks and subdivisions shall meet Floodplain Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this ordinance. (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home pazks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B (8) of this ordinance. 141 All subdivision plats shall have the flood hazazd area cleazly delineated on the nlat ans where apuronriate shall have minimum floor elevations for all lots located within flood hazards area. (~ All subdivision proposals including the placement of manufactured ~~~ a home pazks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. C~ All subdivision proposals including the placement of manufactured ~~~ s home pazks 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 ZONE31 Located within the areas of special flood hazard established in Article 3, Section B, are azeas designated as shallow flooding. These azeas have special flood hazazds associated with flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is chazacterized by ponding or sheet flow; therefore, the following provisions apply: (I) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth zz number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified). (2) All new construction and substantial improvements of aoa-resideatial structures; (a) shat have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified), or (b) together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the Base Flood Elevation in an AH Zone, level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capabIlity of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (3) A registered professional engineer or azchitect shall submit a certification to the Floodplain Administrator that the standazds of this Section, as proposed in Article 4, Section C (lla• are satisfied. (4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. SECTION E. FLOODWAI'8 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 hazazdous azea due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: (1) Encroachments aze 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 dischazge. (2) If Article S, Section E (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. 23 (3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first annlies for a conditional FIRM and floodwav revision throueh FEMA, sECrxoN F. sE'UERABILIrY If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. SECTION G. PENALTIES FOR NON COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this court order and other applicable regulations. Violation of the provisions of this court order by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this court order or fails to comply with any oY its requirements shall upon conviction thereof be fined not more than $ or imprisoned for not more than , or both, for each violation, and in addition shall pay all costs anal expenses involved in the case. Nothing herein contained shall prevent from taking such other lawful action as is necessary to prevent or remedy any violation. Delete0: completes aU of the provisions requned hS Section 65.12. Formattetf: Font color: Blue 29 SECTION H. CERTIFICATION OF ADOPTION APPROVED: (community official) PASSED: (adoption date) ORDYNANCE BECOMES EFFECTIVE: (effective date) I, the undersigned, 'name of certifying officials do hereby certify that the above is a true and correct copy of an ordinance duly adopted by the jgoverning body(, at a regulaz meeting duly convened on jdateh. ;Signature of Certifying Official, ;SEAL; CERTIFICATION Formatted: Font cobr: Blue Formatted: Font cobr: Blue Fomwtted: Font color: Blue Formatted: Font cobr: Blue Formatted: Font mbr: Blue Formatted: Centered 25 Is is hereby found and declared by KERR COUNTY COMiNISSIOIQER'S COURT That severe flooding has occurred in the past within its jurisdiction and will certainly occur within the future, that floodinq is likely to result in infliction of serous personal iniurv or death. and is li kely to result in substantial ini ur h'1 GOd lnsurance Program; and in order to etiecti vely he situation described herein, it is necessary that this come effective immediately Approved June 26, 2000. FormatteA: Font: 12 pt 26 ORDER N0.28420 CHANGE IN FLOOD DAMAGE PREVENTION ORDER # 26463 On this the 24s' day of November 2003 upon motion made by Commissioner Lett, Seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 3-0- 1 to approve the changes of #1 & #2 only in the Flood Damage Prevenrion Order # 26463 as recommended by the Kerr County EngineerlFloodplain Administrator as follows; i. Article 4, Section B (6): Change TNRCC to TCEQ 2. Article 4, Section B (9) currently states: (9) When a regulatory floodway has not ban designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-3 0 and A$ 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. As development progresses in the "A" Zone, the "ultimate base flood elevation" will be one foot higher khan the current Flood Insurance Rate Map (FIRM) Base Flood Elevation, BFE. Therefore the base flood elevation in Article 5, Section B from "elevated to or above the base flood elevation" will be changed to "elevated one foot above the base flood elevation." Revised 10-0S-OS PUBLIC PARTICIPATION FORM FOR KERR COUNTY COMMISSIONERS' COURT -G ~ l~' ,~ ~~ Instructions: Fill out all appropriate blanks. Please print or write legibly. Present to the County Clerk prior to the time that the Agenda Item (or Items) you wish to address are discussed. If you are handing out any material or documents to the Court, please make sure you have one eatra for the Clerk to ensure that one is put into the record. Name: aB _~ .c r Address: 6 72~ (~~~7~ ~~l ~ z~ ~Ar~ Telephone: ~ C~ -' '1 ~ ~ ~ 2 j~ Place of Employment: ~ !!~,-4e.~ Employment Telephone: Do you represent any particular group or organization? Yes ~ No If you represent a group or organization, please state the name, address and telephone number of such group or organization. Which agenda Item (or Items) do you wish to address? 2 2 2~ Z(o In general, are you for or against such Agenda Item (or Items)? For Against `~ Signature NOTE: This Public Participation Form must be presented to the County Clerk prior to the time the agenda item(s) are discussed. Once you reach the sodium alease state vour name and wholwhat you represent clearly for the court reaorter to accurately record who you are