1999S07-UDC Art. XIORDINANCE NO. 99-S-7
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS PROVIDING THAT THE UNIFIED
DEVELOPMENT CODE; ORDINANCE NO. 96-S-28,
CITY OF SCHERTZ, TEXAS BE AMENDED BY
REVISING ARTICLE XI, PLATTING, SECTION 33,
ACKNOWLEDGEMENTS AND CERTIFICATES
REQUIRED; DELETING ARTICLE VIII,
LANDSCAPING AND SCREENING, SECTION 4,
TREE REMOVAL, AND REPLACING SAME WITH A
REVISED ARTICLE VIII, LANDSCAPING AND
SCREENING, SECTION 4, TREE
PRESERVATION/REMOVAL; DELETING ARTICLE
XIII, FLOODPLAIN MANAGEMENT, AND
REPLACING SAME WITH A REVISED ARTICLE XIII,
FLOODPLAIN MANAGEMENT; AND PROVIDING A
REPEALING CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS.
SECTION 1
THAT ARTICLE XI, Platting, SECTION 33, Acknowledgement and
Certificates, Paragraph C, be amended as follows:
Article ×I, Section 33, Paragraph C:
"C. Approval of City Planning Commission
Add .... and Zoning ...... between Planning and Commission in the heading
and signature paragraph."
Should read:
C. Approval of the City Planning and Zoninq Commission.
This plat has been submitted to and considered by the
City Planning and Zoninq Commission of the City of Schertz, Texas and
is hereby approved by such Commission.
Dated this day of
By: Chairman
Secretary
,year
Article ×I, Section 33, Paragraph G:
Add New Section; Paragraph G: Recordation:
"G. Recordation
State of Texas
County of
for record in
of AD
day of
in the records of
volume page
hand and official
of AD,
County Clerk of said
County, do hereby certify that this plat was filed
my office on the day
at M, and duly recorded the
AD at M,
of said county, in book
in testimony whereof, witness my
seal of office, this day
County Clerk,
County Texas
By:,
SECTION 2
THAT ARTICLE XVII, Traffic Impact Analysis, Section 4, Traffic Impact
Analysis Required, Paragraph 4.3.2 be amended as follows:
ARTICLE XVII, SECTION 4, PARAGRAPH 4.3.2:
"Second paragraph, replace the word ...... less .... with .... more ....
remainder of the paragraph would remain the same."
The
Should read:
"In the case when the peak hour trips are more than t00, the City's Traffic
Engineer may require the area of the study to exceed the maximum area
of distance of ¼ mile."
SECTION 3
THAT ARTICLE VIII, Landscaping and Screening, Section 4, Paragraphs
4.1 and 4.2 be amended as follows:
Delete Article ¥II, Section 4, Paragraphs 4. t and 4.2 and replace with
the following:
"SECTION 4 - Tree Preservation / Removal
VIII 4. 1 Trees having an 8" or greater DBH (diameter at breast height -
4 ~ feet above existing ground level) are "Protected" trees within the City
of Schertz and it's ET J; trees with a 24" DBH are designated "Heritage"
trees.
A Tree Affidavit is used when there are no Heritage or Protected
trees in the proposed development. Or, when no Heritage tree will
be damaged or removed; or when no Protected tree will be
damaged or removed except in that area inside the proposed
building footprints (commercial development) or inside the building
setbacks (residential development).
An application for a Tree Preservation/Removal Permit is
submitted when Heritage tree will be removed and/or Protected
trees will be removed except inside the footprint of the building for
commercial development or inside setbacks for residential
development. A tree preservation plan with an inventory of existing
trees is required in order to calculate diameter-inches that will be
removed versus number of inches that will be preserved. In
addition, the preservation plan must include notes on method of
tree protection during construction and justification for removing
Protected or Heritage trees. This permit will be issued after the
Planning and Zoning Commission has evaluated and approved the
Tree Preservation Plan.
NOTE: As a minimum, a Tree Preservation Plan includes: 1)
Existing/proposed topography. 2) Location of property lines,
easements, approaches, right-or-ways, setbacks, parking areas,
and sidewalks. 3) Location, species and size in DBH of each
Heritage tree; and location, species, and size of each Protected
tree except those located inside the footprint of proposed structures
(for commercial development) or inside building setbacks (for
residential development). (Driveways and parking facilities are not
included as structures.) 4) Tree inventory that summarizes total
number of DBH inches to be removed and to be preserved (trees
down to 1~" DBH can be used in calculating preservation diameter
inches). 5) Location of each mitigation tree and total number of
DBH inches to be planted for mitigation.
NOTE: Tree protection will be installed before any site work is
initiated and maintained for the duration of the construction work. It
will consist of fencing (orange mesh or chain link) placed around
the Root Protection Zone (RPZ). RPZ is a circle around the tree at
a distance from the trunk of the tree equal to ~ foot per inch of tree
diameter (5 feet minimum). No vehicles or construction
materials/debris will be allowed in the RPZ. Any damage done to
tree crowns or roots will be repaired immediately and any wounds
on live oaks will be painted with pruning paint within 30 minutes to
prevent oak wilt. Wells or retaining wall around the RPZ will be
used if proposed finished grades will raise or lower the natural RPZ
grade by more than 3". The finished RPZ will be pervious.
(1)
For Commercial, Multifamily and Other Developments: A
minimum of twenty-five percent (25%) of the total DBH must be
preserved. As a reminder, even though the preservation
standard is met, a permit is still required to remove Heritage
trees and most Protected trees.
(2)
For Single Family Residential Development of single or
contiguous lots: Continuous lots include three or more lots,
and 50% of the total DBH must be preserved. For Individual
lots, 45% of the total DBH must be preserved.
(3) Absolute Minimum Preservation is 10% of the total DBH on a
site.
C. There is a Mitigation Requirement imposed for the removal of any
and all Heritage trees, and for the removal of any and all Protected
trees except those inside the building footprint (commercial)/those
inside setbacks (residential). Protected trees are mitigated at a ratio of
1" to 1". Heritage trees are mitigated at a ratio of 3" for every 1" of
removed tree. Mitigated trees will be of the same or more "valuable"
class of tree, typical to the area from which the Protected or Heritage
trees were removed and have a minimum DBH of 2". In Commercial,
Multifamily, and Other Developments and in Contiguous Lot, Single
Family Residential Development the mitigation trees may be used to
meet the site plan, tree requirements (See Paragraph 4.2 below). Or,
an in-lieu-of payment to the City of Schertz (As per fee schedule) will
be used to place trees at public facilities and schools throughout the
city.
VIII 4. 2 Site plans should accommodate existing trees by providing
islands in parking lots, grading, and landscaping surrounding structures.
In Commercial, Multifamily, and Other Developments trees will be
added to the landscape, as necessary, to have the equivalent of 4" DBH
per fifty feet of street frontage. In Single Family Residential
Developments each residence will have a minimum of three trees; those
added will have a 1%" DBH. All added trees will be of the oak, native elm,
pistach variety (one of the three required for single-family, residential
development additions may be of a faster-growing, native variety). In
some instances, an in-lieu-of payment may be appropriate. Compliance
with this requirement will be noted on the site plan or the tree preservation
plan."
SECTION 4
THAT ARTICLE ×[]J, Flood Management, Sections 1-3 be amended as
follows:
Article XIII, Sections 1-3:
Delete Article XIII, Sections 1-3 with the following:
"ARTICLE XIII FLOODPLAIN MANAGEMENT
SECTION 1 - STATUTORY AUTHORIZATION
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].] The legislature of the State of Texas has in V.T.C.A. Texas
Water Code Section 16.3111 delegated the responsibility of local
governmental units to adopt regulations designed to minimize flood
losses.
SECTION 2 - FINDINGS OF FACT
XIII 2.1 a.
The flood hazard areas of the City of Schertz
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.
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, flood proofed or
otherwise protected from flood damage.
SECTION 3 - STATEMENT OF PURPOSE
XIII 3.1
It is the purpose of this ordinance 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:
a. Protect human life and health;
Minimize expenditure of pubic money for costly flood control
projects;
Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the
general public;
d. Minimize prolonged business interruptions;
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Minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines,
streets and bridges located in floodplains;
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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 area; and
Insure that potential buyers are notified that property is in a
flood area.
SECTION 4- METHODS OF REDUCING FLOOD LOSSES
XIII 4.1
In order to accomplish its purposes, this Ordinance uses the
following methods;
Restricts or prohibits uses that are dangerous to health safety or
property in times of flood, or cause excessive increases in flood
heights or velocities;
Requires that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time in
initial construction;
Controls, in the sense of providing authoritative guidance, the
alteration of natural floodplains, stream channels, and natural
protective barriers, which are involved in the accommodation of
flood waters;
Controls filling, grading, dredging, and other development which
many increase flood damage;
Prevents or regulates the construction of flood barriers which will
unnaturally divert floodwaters or which many increase flood
hazards to other lands.
Controls, in the sense of providing authoritative guidance,
development which would cause greater erosion or potential flood
damage such as grading, dredging, excavation, and filling.
SECTION 5 - DEFINITIONS
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5. ! Unless specifically defined below, words or phrases used in
this Ordinance shall be interpreted to give them the meaning they
have in common usage and to give this Ordinance it's most
reasonable application.
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5.2 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.
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5.3 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.
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5.4 AREA OF SHALLOW FLOODING - means a designated
AO, AH, or VO zone on the Flood Insurance Rate Map (FIRM) for
the City of Schertz, Texas and its extraterritorial jurisdiction with a
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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 exit, where path of flooding is unpredictable and where
velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow.
5.5 AREA OF SPECIAL FLOOD HAZARD - is the land in the
floodplain within the City of Schertz, Texas and its extraterritorial
jurisdiction subject to 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 rate making
has been completed in preparation of publication of the FIRM, Zone
A usually is refined into Zones A, AE, AH, AO, A1-99, VO, VI-30,
VE or V.
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5.6 BASE FLOOD - means the flood having a one percent
chance of being equaled or exceeded in any given year.
5.7 BASEMENT - means any area of the building having
its floor subgrade (below ground level) on all sides.
5.8 CRITICAL FEATURE - means integral and readily
identifiable part of a flood protection system, without which the flood
protection provided by the entire system would be compromised.
5.9 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.
5.10 ELEVATED BUILDING - means a nonbasement building
( i ) built, in the case of the building in Zones A1-30, AE, A, A99,
AO, AH, B, C, X, and D, to have the top of the elevated floor, or the
case of the building in Zones V1-30, VE, or V, to have the bottom
level of the lowest horizontal structure member of the pilings,
columns (posts and pliers), or shear walls parallel to the floor of the
water and ( i i ) 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 A1-30, AE, A,
A99, AO, AH, B, C, X, 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, VI, or V, "elevated
building" also includes a building otherwise meeting the definition of
"elevated building", even though the lower area is enclosed by
standards of Section 60.3 ( e ) ( 5 ) of the National Flood Insurance
Program regulations.
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XIII
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5.11 EXISTING CONSTRUCTION - means for the purpose of
determining rates, structures for which the "start of construction"
commenced before the effective date of FIRM or before January 1,
1975, for FIRM's effective before the date. "Existing construction"
may also be referred to as "existing structure".
5.12 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 the community.
5.13 FLOOD OR FLOODING - means a general and temporary
condition of partial or complete inundation's of normally dry land
areas from:
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1. the overflow of inland or tidal waters.
the usual and rapid accumulation or runoff of surface
waters from any source.
5.14 FLOOD INSURANCE RATE MAP (FIRM) - means the
official maps of the City of Schertz, Texas and its extraterritorial
jurisdiction 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 areas
mapped.
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XIII
5.15 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.
5.16 FLOODPLAIN OR FLOOD-PRONE AREA - means any land
area susceptible to being inundated by water from any source (see
definition of flooding).
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5.17 FLOOD 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.
xIII
5.18 FLOOD MANAGEMENT REGULATIONS - means
zoning ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinance (such as the 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.
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5.19 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 the City of Schertz, Texas and its extraterritorial
jurisdiction subject to a "special flood hazard" and the extent of the
depths of associated flooding. Such a system typically includes
dams, reservoirs, levees or dikes. These specialized flood
modifying works are those constructed in conformance with sound
engineering standards?
XIII
5.20 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 a sanitary facilities, structures and
their contents.
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5.21 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.
XIII
5.22 FUNCTIONALLY DEPENDENT USE - means a use which
cannot perform it's 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.
XIII
XIII
XIII
XIII
XIII
5.23 HABITABLE FLOOR - means any floor usable for the
following purposes; which includes working, sleeping, eating,
cooking or recreation, or a combination thereof. A floor used for
storage purposes only is not a "habitable floor".
5.24 HIGHEST ADJACENT GRADE - means the highest natural
elevation of the ground surface prior to construction next to the
proposed walls of structure.
5.25 HISTORIC STRUCTURE - means any structure that is:
(a.)
Listed individually in the Natural 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 preliminary determined by the Secretary of the
Interior as contributing to the historical significance of a
registered historic district or a district preliminary determined
by the Secretary to qualify as a registered historic district;
(c.)
Individually listed on the State of Texas inventory of historic
places with historic preservation programs 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:
By any approved state program as determined
by the Secretary of the Interior or;
Directly by the Secretary of the Interior in
states with approved programs.
5.26 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.
5.27 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.
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XIII
XIII
XIII
xIII
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5.28 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 render the structure in violation of the applicable
non-elevation design requirement of Section 60.3 of the National
Flood Insurance Program regulations.
5.29 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".
5.30 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.
5.31 MEAN SEA LEVEL- means, for the 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.
5.32 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
the community and includes any subsequent improvements to such
structures.
5.33 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 of floodplain management regulation adopted by
a community.
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5.34 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 be
self-propelled or permanently tow able 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.
XqII
5.35 START OF CONSTRUCTION includes substantial
improvements 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 or 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.
X[II
5.36 STRUCTURE - means a walled and
including a gas or liquid storage tank that is
ground, as well as a manufactured home.
roofed building,
principally above
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5.37 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 damage
occurred.
xIII
5.38 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
XIII
XIII
"substantial damage", regardless of the actual repair work
performed. The term does not, however, include either:
Any project for improvement of a structure to
correct existing violations of stated or local health,
sanitary, or safety code specifications which have
been identified by the local code enforcement official
and which are the minimum necessary conditions or;
Any alteration of a "historic structure provided that the
alteration will not preclude the structure's continued
designation as a "historic structure.
5.39 VARIANCE - is a grant of relief to a person from the
requirement of this ordinance when specific enforcement would
result in unnecessary hardship. A variance, therefore, permits
constructions or development in a manner otherwise prohibited by
this ordinance.
5.40 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.
XIlI
5.41 WATER SURFACE ELEVATION - means the height, in
relations 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.
SECTION 6 - GENERAL PROVISIONS
XIII 6.1 LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazard with
in the jurisdiction of the City of Schertz and its extraterritorial
jurisdiction.
XJII
6.2 BASIS FOR ESTABLISHING THE AREA OF SPECIAL
FLOOD HAZARD
XIII
XIII
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 the CITY OF
SCHERTZ," dated July 17, 1995, 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 ordinance. Areas of
special flood hazard identified by the Federal Emergency
Management Agency for areas located within the extraterritorial
jurisdiction of the City of Schertz, Texas, and such identification
provides a rational basis for inclusion of such real property.
6.3 ESTABLISHING OF FLOODPLAIN DEVELOPMENT
PERMIT
A floodplain Development Permit shall be required to ensure
conformance with the provisions of this ordinance for all areas of
special hazard as described in Section 6.1 above.
6.4 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, which shall include, but
not be limited to obtaining a floodplain development permit and
complying with its terms. Proposed work must be started within six
(6) months of the date of approval of a floodplain development
permit otherwise the permit will become null and void.
XIII
6.5 ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any
existing easements, convents, or deed restrictions. However, where
this ordinance and another ordinance easement, covenant, or deed
restriction conflict or overlap, whichever imposes the most stringent
restrictions shall prevail.
X[II
6.6 INTERPRETATION
In the interpretation and application of this ordinance, all provisions
shall be;
(1) considered as minimum requirement;
(2) liberally construed in favor of the governing body; and
(3)
deemed neither to limit nor appeal any other powers
granted under State statutes.
XIi! 6.7 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is
considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. On rare occasions
greater floods can and will occur and flood heights may be
increased by man-made or natural causes. This ordinance does not
imply that land outside the areas of special flood hazards or uses
permitted within such areas will be free from flooding or flood
damages. This ordinance shall not create liability on the part of the
City of Schertz, Texas or any official (elected or appointed) or
employee, agent or servant thereof for any flood damages that
result from reliance on this ordinance or any administrative decision
lawfully made thereunder.
Section 7 - ADMINISTRATION
7.1 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The City Manager is hereby appointed the Floodplain Administrator
to administer and implement the provisions of this ordinance and
other appropriate sections of 44 CFR (National Flood Insurance
Program Regulations) pertaining to floodplain management.
7.2 DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN
ADMINISTRATOR
Duties and responsibilities of the Floodplain Administrator shall
include, but not be limited to, the following:
Maintain and hold open for public inspection all
records pertaining to the provisions of this ordinance.
Review floodplain development permit application to
determine whether proposed building site, including
the placement of manufactured homes, will be
reasonably safe from flooding.
Review, approve or deny all applications for floodplain
development permits required by adoption of this
ordinance.
Review applications for floodplain development
permits for proposed development to assure that all
10.
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.
Where interpretation is needed as to the exact
location of the boundaries of the area 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
necessary interpretation.
Notify, in riverine situations, adjacent communities
and the State Coordinating Agency, which is Texas
National Resources Conversation Committee prior to
any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal
Emergency Management Agency.
Assure that maintenance is provided for the flood
carrying capacity within the altered or relocated
portion of any watercourse is maintained, where
appropriated easements are provided.
When base flood elevation data has not been
provided in accordance with Article Xlll, Section 6.2,
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.
When a regulatory floodway has not been designate
the Floodplain Administrator must require that no new
construction, substantial improvements, or other
development (including fill) shall be permitted within
Zones A1-30 and AE on the community's FIRM,
unless it is first demonstrated by sound engineering
data 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.
Under the provisions of 44 CFR Chapter 1, Section
65.12 of the National Flood Insurance Program
7.3
regulations, the City of Schertz, Texas may approve
certain development in Zones A1-30, AE, AH, on the
City of Schertz, Texas or its extraterrestrial jurisdiction
FIRM which increases the water surface elevation of
the base flood by more than one foot, pro¥id d that
the City of Schertz, Texas acting through its
Floodplain Administrator first applies for a conditional
FIRM revision through FEMA.
PERMIT PROCEDURES
Application Requirements - Applications for a flood plain
development permit shall be presented to the Flood Plain
Administrator, prior to any proposed cut and/or fill, building
or establishment of a manufactured home site. Application
for flood plain development permit for a proposed
subdivision may be presented prior to or in conjunction with
other data required for the platting process. For platting
purposes, a flood plain development permit shall serve only
as an approval of the flood plain ordinance requirements. No
cut/or fill, building, or other site alterations shall proceed until
the flood plain development permit is approved. The permit
application shall be prepared by a registered professional
civil engineer in City Drainage Engineer. It may also include,
but not be limited to, plans in duplicate drawn to scale
showing the locations, dimensions, and elevations of
proposed structures, and the location of the foregoing in
relation to areas of special flood hazard.
Elevation (in relation to mean sea level), of the
lowest floor (including basement) of all new
and substantially improved structures;
Elevations in relation to mean sea level to
which any nonresidential structure shall be
flood proofed;
A certificate from a registered professional
engineer or architect that the nonresidential
flood proofed structure shall meet the
floodproofing criteria of Article Xlll, Section
12.2 (2).
Description of the extent to which any
watercourse or natural drainage will be altered
or relocated as a result of proposed
development.
The agreement by the applicant to maintain
copies of any permits or authorizations from
state or federal agencies with jurisdiction over
the property in question a required record of all
such information in accordance with Article
XlII, Section 7.2 (1).
Permit Evaluation, approval or denial of a Flood Plain
Development Permit by the Floodplain Administrator shall be
based on all the provisions of this ordinance and the
following relevant factors;
The risk of danger to life and property due to
flooding or erosion damage if the development
is permitted;
The susceptibility of the propose facility and its
contents to flood damage and the effect of
such damage on the individual owner;
The danger that materials may be swept onto
other lands to the injury of others, materials to
be stored in special flood hazard areas shall be
properly restrained by anchorage or restraints
so that flotation will not occur during the
inundation period.
The compatibility of the proposed use the
existing and anticipated development;
The safety of access to the property in times of
flood for ordinary and emergency vehicles;
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;
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;
The necessity to the facility of a waterfront
location, where applicable;
The availability of alternative locations, not
subject to flooding or erosion damage, for the
proposed use;
The relationship of the proposed use to the
comprehensive plan for the area.
If the flood plain development permit application is
disapproved, the director of public works shall notify the
applicant in writing of the section and specific requirement of
this division with which the proposed development does not
comply and the nature of such noncompliance.
When there is a change in the alignment, width, or elevation
of a floodplain identified on a flood insurance rate map, than
a conditional letter of map revision (LOMR) issued by the
Federal Emergency Management Agency shall be required
prior to acceptance of the construction by the City.
SECTION 8 - PERFORMANCE BOND
xIII
8.1 All proposed drainage improvements to be made within the
limits of the area of special flood hazard as set forth in section 35-
4308, shall require a performance bond, which shall be filed with
the city clerk, after the approval of the flood plain development
permit. An exception to this requirement is made for improvements
being made in conjunction with the platting of a subdivision under
the requirements of this chapter.
xIII
8.2 A performance bond will be executed by a surety company,
licensed to do business in the State of Texas, in an amount equal
to the cost estimate, such cost estimate to include an inflation factor
based upon a locally recognized construction cost index, as
approved by the director of public works, of all uncompleted and
unaccepted improvements required by these regulations, with the
condition that the developer shall complete such improvements and
have them approved by the director of public works, within three (3)
years from the date of approval of the flood plain development
permit.
X]II
8.3 The performance bond shall be substantially in the same
form as the bond instrument set out in Exhibit D of this chapter. The
director of public works is authorized to sign the bond instrument on
behalf of the City of Schertz Texas, and the city attorney shall
approve the same as to form.
SECTION 9 -VARIANCE PROCEDURES
×II! 9.1 The City Council shall hear and render judgement
requests for variances from the requirements of this ordinance.
on
xIII
xIII
XIII
XIII
XIII
9.2 The City Council shall hear and render judgement on an
appeal only when itis alleged there is an error in any requirement,
decision, or determination made by the Floodplain Administrator in
the enforcement or administration of this ordinance.
9.3 Variance requests shall be processed as follows: For cut
and/or fill, building, building permits, or establishment of a mobile
home site, the applicant shall present the disapproved permit to the
Flood Plan Administrator together with information as to why the
variance should be granted. The City Council will than hear the
request as soon as practical.
9.4 For subdivision plats, the applicant may submit the
disapproved permit and the request for variance prior to plat
submission or in conjunction with other data required for the platting
process. This request shall be handled similar to Sections 8.1 - 9.1
above. If the applicant chooses to submit the disapproved permit as
part of the plat submission process, then the variance request shall
be handled similar to other variances requested under Section 35-
4006, except that criteria for the flood plain variance shall be
governed by this section.
9.5 The Flood Plan Administrator shall notify the director of
public works of the applicant's request for variance and shall furnish
him with a copy of the request together with the applicant's
statement of facts which he feels warrant the granting of the
variance. The director of public works shall reply in writing as to his
evaluation of the applicant's request and make a recommendation
as to approval or denial of the variance request.
9.6 The Flood Plan Administrator shall notify the director of
public works of the decision of the City Council. If the City Council
approves the request, the permit will be issued with the variance
and with any special conditions that are attached to the variance.
XIlI
XHI
XIII
XIII
XIII
XIII
XIII
9.7 Any person or persons aggrieved by the decision of the City
Council may appeal such decision in the courts of competent
jurisdiction.
9.8 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.
9.9 Variances may be issues 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
ordinance.
9.10 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 X[I! 7.3 (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 increase.
9.11 Upon consideration of the factors noted above and the intent
of this ordinance, the City Council may attach such conditions to
the granting of variances as it deems necessary to further the
purpose and objectives of this ordinance (Article X~]~ Section 3).
9.12 Variances shall not be issued within any
floodway if any increases in flood levels during the
discharge would result.
designated
base flood
9.13 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.
X[II
9.14
a.
Prerequisites for granting variances;
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood
hazard, to afford relief.
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 ordinances.
xIII
9.15 Variances may be issued by the City of Schertz, Texas, 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 XiII, Section
9, (9.1) - (9.14) 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.
SECTION 10- NOTIFICATION; CREATION OF LIEN
XHI
10.1 Whenever the floodplain administrator receives information
of the existence of a floodplain violation, the floodplain administer
shall serve the owner of the property with a written notice informing
the owner of such condition, directing that action be initiated to
bring the property into compliance and advising the owner that he
or she must respond in person to the floodplain administer or
authorized representative within fifteen (15) days of receipt of the
notice.
xIII
10.2 Such notice may be serve by personal delivery to the owner
if he can be located within the city limits, but if he cannot be so
located or served after reasonable effort, notice may be served by
certified letter addressed to such owner at his post office address,
but if such address cannot be ascertained after reasonable effort,
notice may be served by publication two (2) times within ten (10)
consecutive days in a newspaper of general circulation published in
the city. In the case of community property, service upon either the
husband or the wife shall be deemed sufficient notice hereunder.
XlII
10.3 If the owner is a corporation, service may be made by
delivery of same to any office or place of business of such
corporation or any officer of the corporation if such office, place of
business or officer can be located within the city limits; but if such
office, place of business, or officer cannot be so located after
reasonable effort, service may be made by certified letter
addressed to its corporate headquarters post office address; but if
such address cannot be ascertained after reasonable effort, the
notice may be served by publication two (2) times within ten (10)
consecutive days in a newspaper of general circulation published in
the city.
XIII
10.4 Whether delivered personally, by mail, or by publication, the
notice, provided for above shall be addressed to the owner, but it
the owner is not known, service may be had by publication
addressed "To the owner of (legal description of the property
involved)." The notice shall give the legal description of the
property, state and condition which constitutes a violation hereof,
and shall state that upon failure of the owner to take approved
steps toward compliance within fifteen (15) days from date the
notice is delivered or within fifteen (15) days from date of the
second publication, if notice is to be served by publication, a
criminal complaint may be filed in the municipal court of the city for
violation of this chapter, stating the penalties for violation hereof as
given below.
XIII
10.5 The City may also cause the work necessary to bring any
property into compliance herewith to be done, if the owner has
failed to respond as set forth in subsection (1) above within fifteen
(15) days from the date notice has been received or published, and
to charge the owner for the costs incurred by city. A statement of
the costs incurred by the city to abate such condition shall be
mailed to the owner of such premises if the owner and mailing
address are known and, if not known, may be published in a
newspaper of general circulation in the city. The statement shall
demand payment within thirty (30) days from the date of receipt or
publication.
XIII
10.6 If such statement has not been paid within such period, and
if such work was further accomplished because the director of the
department of health certified that such work was required to abate
an unwholesome or unsanitary condition described in Chapter 342
of the Health and Safety Code. V.A.T.S., then the floodplain
administrator may cause a statement of the expenses incurred to
abated and correct such condition on the premises to be filed with
the county clerk of the county in the deed records, and such
statement shall be and the city shall have a privileged lien upon the
lot, parcel, or tract of land upon which such expenses were
incurred, second only to tax liens and liens for street improvement,
together with ten (10) percent interest per annum on the delinquent
amount from the dated such payment was due. For any such
expenditures and interest as aforesaid, suit may be instituted and
foreclosure had in the name of the city; and the statement so made
as aforesaid, or a certified copy thereof, shall be prima facie proof
of the amount expended in any such work.
XIII
10.7 Although large trees are not covered hereby, and are not felt
to be a nuisance or a hazard, it may be necessary at times to
removed trees or parts thereof in order for the city crews or city
contractors to affect entry of mowing or clearing equipment to
property or portions of property not meeting standards established
in this division. In such case, the removal of such trees or parts
thereof as is found necessary shall be done and is hereby
authorized and the cost of this work shall be included in the cost
charged to the owner.
10.8 Options
1. The following options are available to an owner of property in
violation of the requirements of this division.
The owner may cause all work, improvements, and grading
performed in violation of this division to be restored to the
natural state. Proof of compliance must be provided in the
form of a certification signed by a registered professional
engineer or surveyor to the effect that the property in
question has been restored as nearly as possible to its
natural state.
The owner may lease all or a portion of work, improvements,
and grading performed in violation of this division and seek
approval of a floodplain administrator. Data presented with
permit application must demonstrate the compliance of any
remaining improvements with this division.
Each of the above options shall require a series of steps to be
completed by the property owner at time intervals approved by
the floodplain administrator. During the initial meeting set for in
subsection (a) above, these options shall be discussed.
Thereafter the owner shall have fifteen (15) days to decide
which option to pursue and provide a schedule of steps with
completion dates necessary to rectify the violation. Upon failure
of the owner to comply with these requirements or to complete
the steps according to the schedule approved by the floodplain
administrator, the city may choose to pursue the remedies set
forth in subsections (d), (e), and (f).
Each violation shall be considered on an individual basis. The
time period for each step shall be approved by the floodplain
administrator on the basis of hardship to the owner and danger
to residents and citizens. The maximum time period allowed
under any circumstances to perform all work necessary to bring
a violation into compliance with the requirements of this division
is six (6) months.
SECTION 11- CONTINUING OBLIGATIONS
xIII
11.1 Drawing and other material or criteria submitted to the
director of public works in applying for such permit shall, upon
approval and issuance of such a permit, be a part of a condition
and term of such permit. In addition, all standards and requirements
of this division and all factors listed in this division as relevant in
approving or denying such permit shall be a part of such a permit
and a condition and term of such a permit. In addition to named
materials required to be submitted in applying for such a permit, the
director of public works may require additional submission in order
to verify whether such a permit should be issued. The conditions
and terms shall constitute a continuing obligation upon all future
occupants or users of the land to the extent same are applicable
after development has been completed.
SECTION 12 - PROVISIONS FOR FLOOD HAZARD REDUCTION
XIII 12.1 GENERAL STANDARDS
In all areas of special flood hazards the following provisions are
required for all new construction and substantial improvements.
All new construction or substantial improvements shall be
designed be (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;
All new construction or substantial improvements shall be
constructed by methods and practices that minimize flood
damage;
..
All new construction or substantial improvements shall be
constructed with materials resistant to flood damage;
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.
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
xIII
waters into the system and discharge from the systems
into flood waters; and,
On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flooding.
12.2 SPECIFIC STANDARDS
A. In all areas of special flood hazards where base flood
elevation data has been provided as set forth in ( i ) Article XZII,
Section 6.2, ( ii ) Article ×III, Section 7.2 ( 8 ), or ( iii ) Article
XIII, Section 13.3, the following provisions are required;
Residential Construction - new construction and
substantial improvement of any residential structure shall
have the lowest floor (including basement), elevate to or
above the base flood elevation. A registered professional
engineer, architect, or land surveyor shall submit a
certification to the Floodplain Administrator that he
standard of this subsection as proposed in Article XIII,
Section 7.3 ( 1 ) a., is satisfied.
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 the below the base flood level
the structure is watertight with walls substantially
impermeable to the passage of water and with structural
components having the capacity of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy. A
registered professional engineer or architect shall
develop and/or review structural design, specifications,
and plans for the construction, and shall certify that the
design and methods of construction are in accordance
with accepted standards of practice as outlined in the
subsection. A record of such certification which includes
the specific elevation (in relation to mean sea level) to
which such structures are flood proofed shall be
maintained by the floodplain Administrator.
Enclosures - new construction and substantial
improvements, with fully enclosed area 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 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.
The bottom of all openings shall be no higher
than one foot above grade.
Openings may be equipped with screens,
louvers, valves, or other coverings or devices
provided that they permit the automatic entry
and exit of floodwaters.
Manufactured Homes -
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 homes must be elevated and anchored
to resist flotation, collapse, or lateral movement.
Methods of anchoring may include, but a not limited
to, use of over- the - top- or frame applicable State
and local anchoring requirements for resisting wind
forces.
Require that manufactured homes that are placed or
substantially improved with Zones A1-30, AH and AE
on the community's FIRM on sites ( i ) outside of the
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.
Require that manufactured homes be placed
substantially improved on sites on an existing
manufactured home park or subdivision with Zones
A1-30, AH and AE on the community's FIRM that are
subject to the provisions of paragraph (4) of the
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 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.
Recreational Vehicles - Require that recreational
vehicles placed on sites within Zones A1-30, AH, and AE
on the community's FIRM either ( i ) be on the site for
fewer than 180 consecutive days, ( ii ) be fully licensed
and ready for highway use, or ( iii ) meet the permit
requirements of Article X~iI, Section 7.3 ( 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 systems, is attached to the site only by quick
disconnect type utilities and security devices, and has no
permanently attached additions.
SECTION 13 - STANDARDS FOR SUBDIVISION PROPOSALS
XzII
13.1 All subdivision proposals including the placement of
manufactured home parks and subdivisions shall be consistent with
Article XIII, Sections 2, 3 and 4, of this ordinance.
XIII
13.2 All proposals for the development of subdivisions including
the placement of manufactured home parks and subdivisions shall
meet Development permit requirements of Article XIII, Section 6.3;
Floodplain Article Xlll, Section 7.3; and the provisions of Article XIII,
Section 12 of this ordinance.
XZII
13.3 Base flood elevations data shall be generate for subdivision
proposals and other proposed development including the
placement of manufactured home parks and subdivisions which is
greater than 50 lots or 5 acres, whichever is lesser, if not otherwise
provided pursuant to Article XIII, Section 6.2, or Article XIII, Section
7.2 ( 8 ) of this ordinance.
xIII
13.4 All subdivision proposals including the placement of
manufactured home parks and subdivisions shall have adequate
drainage provided to reduce exposure to flood hazards.
X[II
13.5 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.
XIII
13.6 All proposals for the development of subdivisions shall meet
the development permit requirements of this division. No
floodproofing of an existing or proposed building in a new
subdivision will be allowed as a substitute for providing the proper
finished fill elevation above the base flood or twenty-five-year
ultimate development flood elevation, whichever is higher. Buildings
in a proposed subdivision shall be on land that is above the
controlling flood elevation.
SECTION 14 - STANDARDS FOR AREAS OF SHALLOW FLOODING
(AO/AH ZONES
Located within the areas of special flood hazard established
in Article XIII, Section 6.2, are areas designated as shallow
flooding. These areas have special flood hazards
associate with base flood depths of 1 to 3 feet where a
clearly defined channel does not exit 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;
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 depth 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 capacity of resisting hydrostatic
and hydrodynamic loads of effects of buoyancy.
A registered professional engineer or architect shall
submit a certification to the Floodplain Administrator that
the standards of this section, as proposed in Article X]II,
Section 7.3 ( 1 ) a., are satisfied.
Require within Zones AH or AO adequate drainage paths
around structures on slopes, to guide floodwaters around
and away from proposed structures.
SECTION 15 - FLOODWAYS
Floodways - located within areas of special flood hazard
established in Article XI~I, Section 6.2, are areas designated as
floodways. Since the floodway is an extremely hazardous area
due to the velocity of flood water which carry debris, potential
projectiles and erosion potential, the following provisions shall
apply;
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.
If Article XI[[, Section 15 (1) above is satisfied, all new
construction and substantial improvements shall comply with
all applicable flood hazard reduction provisions of XIII,
Section 15.
Under the provisions of 44 CFR Chapter 1, Section 65.12, of
the National Flood Insurance Regulations, the City of
Schertz, Texas may permit encroachment 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.
SECTION 16 - CERTIFICATION
It is hereby found and declared by the City of Schertz that
severe flooding has occurred in the past within its jurisdiction
and will certainly occur within the future; that flooding is likely to
result in infliction of serious personal injury or death, and is likely
to result in substantial injury or destruction of property within its
jurisdiction; in order to effectively comply with minimum
standards for coverage under the National Flood Insurance
Program; and in order to effectively remedy the situation
described herein, it is necessary that this ordinance become
effective immediately.
Therefore, an emergency is hereby declared to exit, and this
ordinance, being necessary for the immediate preservation of the
public peace, health and safety, shall be in full force and effect from
and after its passage and approval."
Approved on first reading the ~vj:~lay of March, 1999.
PASSED, APPROVED AND ADOPTED, the ~,/~ of March, 1999.
ATTEST:
City Secretary, City of Schertz
(SEAL OF CITY)
CITY OF SCHERTZ
TREE PRESERVATION/REMOVAL PERMIT APPLICATION
(No Site Work Can Be Initiated Until Approval)
SITE WORK (Pdor to platting)
include surveying, clearing, grading and filling (Expires in 180 days)
PLAT APPROVAL
BUILDING PERMIT
(Plan Review process for a tree preservation permit requires application to be submitted with 2 sets of building
plans and a 3rd copy of the landscape/tree preservation plan for the inspector.)
Residential; ~ Contiguously developed lots Commercial
~ Individuallv develooed lots
If Property is Platted;
Property Address
Date:
Acreage (Comm.) o__r # Lots (Res.)
IS Property Outside City Limits? (in ET J)
Owner of Land
Plat #
Any Existing Structures? (Circle One) Yes
Lot No. NCB./CB
(Circle One) Yes No
No
Zone
OwneCs Address
Phone Number
Contractor
City State ~ Zip
Fax
Business Address
City
Business Number
State Zip
Fax
Office Use Only MARR#'s Plan Review
Tree Permit
Plan # Permit # Other
Plan Review Fee Tree Preservation Permit Fee
Mitigation Fee After Hours Fee Misc. Fee
Inspected by Date
Approved to Issue Permit Date
I have read the complete application and know the same to be true and correct and hereby agree that if a permit
is issued, all provisions of the City Of Schertz Tree Preservation / Removal Policy will be complied with whether
herein specified or not. And to do so, I fudher agree to replace any historical markers removed in the course of
construction. The applicant shall be responsible for informing all padies involved, including the design
professionals of any non-compliance as noted on plans.
Owner/Agent
Please Pdnt
Address Phone
Company
Fax Date
October 28, 1998
Inspections Department
Signature
Date:
CITY OF SCHERTZ
TREE AFFIDAVIT
Project Address
Lot No. Block NCB/CB
Contact Person
(to notify for additional Information)
Phone # Fax #
Contractor
Business Address
Business Number
Owner
(Office Use)
Assigned Number
Amount Due $
APPROVED
NOT APPROVED
Inspector: Date:
City State ~ Zip
Fax
Address
Phone Number
Scope of Work Use:
(e.g. New Construction, Addition, Platting, etc.)
Is Site Outside City Limits?On ETJ)
Subdivision
City State Zip
Fax
Commercial-#Acres or Residential-#Lots
(Circle Commercial or Residential and Enter Number)
Is Site Platted? Date Platted
Unit Plat ID #
I, (owner, agent), certify that I am aware of the requirements
of City of Schertz UDC regarding Tree Preservation / Removal. This affidavit verifies that to the best of my
knowledge the said property at (address) has
[-] 1. no Protected or Heritage trees as defined in Article VIII, Section 4.1, of the U.D.C.,
OR
[--] 2. this work will in no way cause the destruction of or damage to any Protected trees (8" DBH for
Residential and for Commercial or larger), Heritage trees (24" DBH or larger), in violation of the
provisions of the aforementioned ordinance. (CONSTRUCTION SUBMrITAL REQUIRES SITE PLAN)
State Of Texas )
)
County Of Guadalupe
Signature
Before me, the undersigned authority on this day personally appeared
known to me to be the person whose name is signed to the foregoing affidavit and sworn by me, states under oath that
all of the facts therein set forth are true and correct.
Sworn To Before me, this
day of , 19
October 28, 1998
Inspections Departmc-nt
Notary Public In And For The
State Of Texas
TREE PRESERVATION INVENTORY
DBH DBH DBH
TYPE TREE Rem Pres TYPE TREE Rem Pres TYPE TREE Rem Pres
1 41 81
2 42~ 82 -
3 43 83
4 :44 84
5 45 85
6~ 46 86
7 47 87
8 48 88
g 4g 8g
10 50 90'
11~ 51 91
12 52 92
13 53 93
14 54 94
15 55 - 95
16 56 96'
17 57 97
18 58 98
19 59 99
20 60' 100
21 61 101
22 62 102
23 63 103
24 64 104
25 65 105
26 66 106
27 67' 107
28 68 108
29 69 109
3O 70 110
31' 71 111
32 72 112
33 73~ 113
34 74 114
35 75 115
36 76 116
37 77 117'
38' 78 118
39 79 119
4O 8O 120
Total Total Total
THE STATE OF TEXAS,
County of Guadalupe
PUBLISHER'S AFFIDAVIT
Before me, the undersigned authority, on this date personaJly appeared L.A. REYNOLDS
knowR
to me, who, being by me duly sworn, on his oath deposes and says that he is the Advertfsing Director of
'Fne Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and fore-
was published in said newspaper'
.times before the return day named therein,
such publications being on the following dates:
MARCH 7, 1999
MARCH 11, 1999
and a newspaper copy of which is hereto attached. '~'~__~
Sworn to and subscrfbed before me, this 2_...~.Lh__day of ~ARCU
A.D., 19 99
~9
Notary Public, Guadalupe County, Texas
PUBLISHER
.{
THE STATE OF TSXA,.S,
Count,/of GuadaluFe
Before me, the undersigned authc¢/, on this date person~[y appeared L.A. REYNOLDS
kHOWR
to me, who, bein~ by me duly s;vcm, on his oath deposes and says that he is the Advertising Director cf
The SeGuim Gaze~_=-F_.mterprfse, a newspaper published in smd county; that a copy of the within and fore-
wss pubtish~ [n s~d newspaper' 2
.~mes before the ream day named thereir..
such publications being on the fcllo,~ng dates:
MARCH 26, 1999
APRIL 1, 1999
and a newspaper copy of which is he.~to at/ached.
Swom to and subscribed before me, this ~ t h
day Of APRIL
kD., 19 9 §
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!~un~, Texas
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