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95-M-19 Permit System ORDINANCE NO. fS- /11- /9 AN ORDINANCE ESTABLISHING A DEVELOPMENT PERMIT SYSTEM AND ADOPTING REGULATIONS REQUIRING DEVELOPMENT PERMITS FOR CONSTRUCTION IN FLOOD PLAIN AREAS HAVING SPECIAL FLOOD HAZARDS; PROVIDING FOR REVIEW OF SUBDIVISIONS; MAKING PROVISIONS RELATED TO DEVELOPMENT WITHIN THE CITY OF SCHERTZ DESIGNATED FLOOD PLAINS; VESTING THE CITY MANAGER WITH THE RESPONSIBILITY, AUTHORITY AND MEANS TO ADEQUATELY ADMINISTER AND ENFORCE THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR A PENALTY; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. STATE OF TEXAS: COUNTIES OF: GUADALUPE BEXAR COMAL WHEREAS, the City Council of Schertz, Texas is the governing body of the City of Schertz, Texas; WHEREAS, under the National Flood Insurance Act of 1968, as amended, residents of the City of Schertz, Texas can qualify for flood insurance if the City of Schertz, Texas adopts and enforces a development permit system to regulate and control land use and construction within incorporated land areas designated as flood prone by the U.S. Department of Housing and Urban Development; WHEREAS, this body has the legal authority use and control measures to reduce future pursuant to the Legislature of the State of V.T.C.A., Texas Water Code Section 16.311. to adopt land flood losses Texas as in WHEREAS, the City Council of Schertz, Texas has established a floodplain development permit system and drafted regulations to implement and enforce the system to qualify and maintain the eligibility of residents in the incorporated areas of the City of Schertz, Texas to purchase federal flood insurance; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: That the following ordinance is and shall hereafter be considered to be incorporated into the Code of Ordinances of the City of Schertz, Texas. ARTICLE 1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS SECTION A. STATUTORY AUTHORIZATION The Legislature of the State of Texas has in V.T.C.A. Texas Water Code Section 16.311 delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Schertz, Texas, does ordain as follows: SECTION B. FINDINGS OF FACT (1) 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. (2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood proofed 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 welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue associated with flooding and generally expense of the general public; and relief undertaken efforts at the (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner a to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property -2- is in a flood area. SECTION D. METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this Ordinance uses the following methods: (1) 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; (2) Requires that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) 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; (4) Controls filling, grading, dredging, development which may increase flood damage; and other (5) Prevents or regulates the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. (6) 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. ARTICLE 2 DEFINITIONS 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. ALLUVIAL FAN FLOODING means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. APEX means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. AREA OF SHALLOW FLOODING - means a designated AO, AH, or VO zone on the Flood Insurance Rate Map (FIRM) for the City of Schertz, Texas and its extraterritorial jurisdiction with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such -3- flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within the City of Schertz, Texas and its extraterritorial jurisdiction subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation of publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, Al-99, VO, Vl-30, VE or V. BASE FLOOD - means the flood having a one percent chance of being equalled or exceeded in any given year. BASEMENT means any area of the building having its floor subgrade (below ground level) on all sides. CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT means unimproved real estate, or other structures, paving, excavation or equipment. any man-made change in improved and including but not limited to buildings mining, dredging, filling, grading, drilling operations or storage of ELEVATED BUILDING - means a nonbasement building (i) built, in the case of a building in Zones Al-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones Vl-30, VE, or V, to have the bottom level of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones Al-30, AE, A, A99, 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 Vl-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 means of breakaway walls if the breakaway walls met the standards of Section 60.3 (e) (5) of the National Flood Insurance Program regulations. EXISTING CONSTRUCTION - means for the purpose of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures". EXISTING MANUFACTURED HOME PARK OR SUBDIVISION manufactured home park or subdivision for construction of facilities for servicing the lots -4- means a which the on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters. (2) the usual and rapid accumulation or runoff of surface waters from any source. 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. FLOOD INSURANCE STUDY - is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map. FLOODPLAIN OR FLOOD-PRONE AREA means any land susceptible to being inundated by water from any source definition of flooding). area (see FLOODPLAIN MANAGEMENT means the operation of an program of corrective and preventive measures for flood damage, including but not limited to preparedness plans, flood control works and management regulations. overall reducing emergency floodplain FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (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. FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within 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. FLOOD PROOFING non-structural means any combination of additions, changes, or -5- structural adjustments and to structures which reduce or eliminate flood damage estate or improved real property, water and facilities, structures and their contents. to real sanitary FLOODWAY (REGULATORY FLOODWAY) - means the channel of or other watercourse and the adjacent land areas that reserved in order to discharge the base flood cumulatively increasing the water surface elevation a designated height. a river must be without more than 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. 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". HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of structure. HISTORIC STRUCTURE - means any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register. (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on the inventory of historic places preservation programs have been Secretary of Interior; or state with approved of Texas historic by the (d) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior or; (2) Directly by the Secretary of the Interior in states without approved programs. -6- LEVEE means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. 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 contiguous parcels) of land divided into two or manufactured home lots for rent or sale. (or more MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be -7- self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. START OF CONSTRUCTION - 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 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. STRUCTURE means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE - means damage of any orlgln sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions or; (2) Any alteration of a that the alteration structure's continued structure. "historic structure provided will not preclude the designation as a "historic VARIANCE is a grant of relief to a person from the -8- 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. VIOLATION means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3 (b) (5), (c) (4), (c) (10), (d) (3), (e) (2), (e) (4), or (e) (5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. ARTICLE 3 GENERAL PROVISIONS SECTION A. 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. SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for 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. SECTION C. ESTABLISHMENT 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 flood hazard as described in Section A above. 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, which shall include, but not be limited to obtaining a floodplain -9- 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. 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 most stringent restrictions shall prevail. SECTION F. INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be; ( 1 ) (2) considered as minimum requirements; liberally body; and construed in favor of the governing (3) deemed neither to limit nor repeal any other powers granted under State statutes. SECTION G. WARNING AND DISCLAIMER OR LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the 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. ARTICLE 4 ADMINISTRATION SECTION A. 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. SECTION B. DUTIES & RESPONSIBILITIES OF ADMINISTRATOR THE FLOODPLAIN -10- Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. (2) Review floodplain development permit application to determine whether proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding. ( 3 ) floodplain ordinance. Review, approve or deny all applications development permits required by adoption of for this (4) Review applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make necessary interpretation. (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is Texas National Resources Conservation Committee prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (7) Assure that maintenance is provided for the flood carrying capacity within the altered or relocated portion of any watercourse is maintained, where appropriate easements are provided. (8) When base provided in accordance Floodplain Administrator utilize any base flood available from a Federal, administer the provisions flood elevation data has not been with Article 3, Section B, the shall obtain, review and reasonably elevation data and floodway data state or other source, in order to of Article 5. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-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. -11- (10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, the City of Schertz, Texas may approve certain development in Zones Al-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, provided that the City of Schertz, Texas acting through its Floodplain Administrator first applies for a conditional FIRM revision through FEMA. SECTION C. PERMIT PROCEDURES (1) Application Requirements - Application for a flood plain development permit shall be presented to the Flood Plain Administrator on a for furnished by him, prior to any proposed cut and/or fill, building or establishment of a manufactured home site. Application for a 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 accompanied by supporting hydrology and hydraulic data prepared by a registered professional civil engineer in accordance with criteria established from time-to-time by the 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. a. Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; b. Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; c. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5, Section B (2); d. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. e. 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 4, Section (B) (1). (2) Permit Evaluation, approval or denial of a Flood Plain Development Permit by the Floodplain Administrator -12- shall be based on all of the provlslons of this ordinance and the following relevant factors; a. The risk of danger to life and property due to flooding or erosion damage if the development is permitted; b. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; c. The danger that materials may be swept onto other lands to the injury of others, materials to be stored in special flood hazard areas shell be properly restrained by anchorage or restraints so that flotation will not occur during the inundation period. d. The compatibility of the proposed use existing and anticipated development; with e. The safety of access to the property in times of flood for ordinary and emergency vehicles; f. during and repair of facilities The costs of providing governmental services after flood conditions including maintenance and streets and bridges, and public utilities and such as sewer, gas, electrical and water systems; g. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; h. The necessity to the facility of a waterfront location, where applicable; i. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; j. The relationship of the proposed use to the comprehensive plan for the area. (3) If a 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. (4) When there is a change in the alignment, width, or elevation of a floodplain identified on a flood insurance rate map, then 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 D. PERFORMANCE BOND within forth which (a) All proposed drainage improvements to be made the limits of the area of special flood hazard as set in section 35-4308, shall require a performance bond shall be filed with the city clerk, after the approval -13- 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. (b) 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. (c) 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 E. VARIANCE PROCEDURES ( 1 ) on requests ordinance. The City Council shall hear and render for variances from the requirements judgement of this (2) The City Council shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. (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 then hear the request as soon as practical. (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 (a) (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. (5) director of variance and together with The Flood Plan Administrator shall notify the public works of the applicant's request for shall furnish him with a copy of the request the applicant's statement of facts which he -14- 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. ( 6 ) director of If the City issued with are attached The Flood Plan Administrator shall notify the public works of the decision of the City Council. Council approves the request, the permit will be the variance and with any special conditions that to the variance. (7) Any person or persons aggrieved by the decision of the City Council may appeal such decision in the courts of competent jurisdiction. ( 8 ) record of variances request. The Floodplain Administrator shall maintain a all actions involving an appeal and shall report to the Federal emergency Management Agency upon (9) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. (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 Section C (2) of this Article have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (11) Upon consideration of the factors the intent of this ordinance, the City Council conditions to the granting of variances as it to further the purpose and objectives of (Article 1, Section C). noted above and may attach such deems necessary this ordinance (12) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (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. (14) Prerequisites for granting variances: a. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. -15- b. Variances shall only be issued upon, (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. c. Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (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 4, Section E (1) - (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 F. NOTIFICATION; CREATION OF LIEN (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 administrator or authorized representative within fifteen (15) days of receipt of the notice. (2) Such notice may be served 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. (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 -16- 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. (4) Whether delivered personally, by mail, or by publication, the notice provided for above shall be addressed to the owner, but if 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 the 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. (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 the 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. (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 abate 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 date 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. (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 remove 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 -17- 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. (8) ( 1 ) of property Options The following options are available to an owner in violation of the requirements of this division. a. 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. b. The owner may lease all or a portion of the work, improvements, and grading performed in violation of this division and seek approval of a floodplain development permit by the floodplain administrator. Data presented with the permit application must demonstrate the compliance of any remaining improvements with this division. (2) 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 forth 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). (3) 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 G. CONTINUING OBLIGATIONS 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 -18- 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. ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements. (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement shall be designed to minimize or flood waters into the system and into flood waters; and, sanitary sewage systems eliminate infiltration of discharge from the systems (7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION B. SPECIFIC STANDARDS -19- In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B (8), or (iii) Article 5, Section C (3), the following provisions are required; (1) Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Article 4, Section C (l)a., is satisfied. (2) Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to 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 are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. (3) Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria; a. A mlnlmum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured Homes - -20- a. Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. b. Require that manufactured homes that are placed or substantially improved with Zones Al-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. c. Require that manufactured homes be placed substantially improved on sites on an existing manufactured home park or subdivision with Zones Al-3-, AH and AE on the community's FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either; (i) the lowest floor of the manufactured home is at or above the base flood elevation, or (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (5) Recreational Vehicles - Require that recreational vehicles placed on sites within Zones Al-30, AH, and AE on the community's FIRM either (i) be on the site for fewer than 180 consecutive days, (ii be fully licensed and ready for highway use, or (iii) meet the permit requirements of Article 4, Section C (1), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS (1) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this -21- ordinance. (2) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Development Permit requirements of Article 3, Section C; Floodplain 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 parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B (8) of this ordinance. (4) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (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. (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 D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES) Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply; (1) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified). (2) All new construction and substantial improvements improvements of non-residential structures; -22- (i) have the lowest floor (including basement elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or; (ii) together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C (l)a., 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. FLOODWAYS Floodways located within areas of special established in Article 3, Section B, are areas floodways. Since the floodway is an extremely due to the velocity of flood water which potential projectiles and erosion potential, provisions shall apply; flood hazard designated as hazardous area carry debris, the following (1) Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. (2) If Article 5, Section E (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. (3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, the City of Schertz, Texas may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA. 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 -23- 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 exist, 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 /fcL day of 9+ o?6d , 1995. PASSED, APPROVED AND ADDOPTED this Q-,,~ ' 1995. the day of Mayor, City of Schertz, Texas ATTEST: ~~ City Secretary, City of Schertz (SEAL OF CITY) -24- ..,. PUBLISHER'S AFFIDAVIT .' , IJ !../V 1 /1 ,_.1 v1-- )..//'''/ ,-', THE STATE OF TEXAS, //- ~ !I' J ,,~ ,A (.' h ,f-<' j, ~ County of Guadalupe Before me, the undersigned authority, on this date personally appeared L . A . REYNOLDS known to me, who, being by me duly sworn, on his oath deposes and says that he is the Advertising Director of The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and fore- going NOTICE was published in said newspaper c:<.. times before the retuln day named therein, such publications being on the following dates: h 01.3 , ~ ~'/, ,~ QS l~~.s Cw~) and a newspaper copy of which is hereto attached. Sworn to and subscribed before me, this 1 day of ~,_~ A.D., 19 ;.5. <\~~ .f;;:..,~"",,~(::;\ MARGARET l. ,CLARKSON '~. '~ .: <0;;',;:7 \. ~ Notary Pu'.ic, State OfTexllS \. ' ,~./ J My CommissiontxpiresJan, 14, 1998 ,ifl..."" ,,," ~.. "I.i:~$~ ~~o~ .( C2~ Notary Public, Guadalupe County, Texas -. ~. AN ORDINANCE ESTABLISHING A DEVEL- OPMENT 'PERMIT SyS- TEM AND ADOPTING REGULATIONS REQUIR- ING DEVELOPMENT PERMITS FOR CON- STRUCTION IN FLOOD PLAIN AREAS HAVING SPECIAL FLOOD HAZ- ARDS; PROVIDING FOR REVIEW OF SUBDIVI- SIONS; MAKING PROVI- SIONS RELATED TO DE- VELOPMENT WITHIN THE CITY OF SCHERTZ DESIGNA TED FLOOD PLAINS; VESTING THE CITY MANAGER WITH THE RESPONSIBILITY. ~' UTHORITY AND ~~S T ADEQUATE~Y ~ MINI TER AND EN- ' FORCE THIS ORDI- NANCE; PROVIDING A SAVINGS CLAUSE AND FOR THE REPEAL OF ALL ORDINANCES IN CON- FLICT THEREWITH; PROVIDING FOR A PEN- AL TY; PROVIDING AN EF- FECTIVE DATE AND CONTAINING OTHER II PROVISIONS RELATING TO THE SUBJECT. First reading approved July 18, 1995. Norma Althouse, City Secretary : AN ORDINANCE · ESTABLISHING A DEVEL- OPMENT PERMIT SYS- ~ -'TEM AND ADOPTING : REGULATIONS REQUIR- , ING DEVELOPMENT PERMITS FOR CON- : STRUCTION IN FLOOD i, PLAIN AREAS HAVING ; SPECI FLOOD HAZ~' "A~\ "tNG/J~()R'i :' REV" ,',OF SUBDIVI- : SION~; MAKING PROVI- ~ SIONS RELATED TO DE- : VELOPMENT WITHIN : THE CITY OF SCHERTZ : DESIGNATED FLOOD · PLAINS; VESTING THE : CITY MANAGER WITH : THE RESPONSIBILITY, ~ AUTHORITY AND MEANS ~ TO ADEQUA TEL Y AD- ~ MINISTER AND EN- : ,FORCE THIS ORDI- = NANCE;j:!ROVIDING A ~ SAVINGS CLAUSE AND : FOR THE REPEAL OF ALL : ORDINANCES IN CON- : FLICT THEREWITH; it PROVIDING FOR A' PEN- : AL iY; PROVIDING AN EF- : FECTIVE DATE AND : CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. First reading approved July 18, 1995. Norma Althouse, City Secretary PUBLISHER'S AFFIDAVIT ~ THE STATE OF TEXAS, 1')--. ~ ' ,/., , r,' J '~/ County of Guadalupe Before me, the undersigned authority, on this date personally appeared L . A. REYNOLDS known to me, who, being by me duly sworn, on his oath deposes and says that he is the Advertising Director of The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and fore- going NOTICE was published in said newspaper ~ times before the return day named therein, such publications being on the following dates: ~ 3-01 jqqs a.u~~".-t .;1.. I qq '" W o,~ and a newspaper copy of which is hereto attached. Sworn to and subscribed before me, this 7 tt day of OO'~ OJ)- A.D., 19 -, . . __.;,.......,;V'';~'\\'I ff. 0 ;~""',~(, \ f "'/ ~{' \ MARGARET L. CLARKSON ~., \~\ j. ~ NotaryPll~'ic.StateofTelG!S \ ~\~ /' j My CommissiontxpiresJan, 14, 1998 '..~~~~~~~:~~~~ 'rrl"'Jt4<'Jf (~ Notary Public, Guadalupe County, Texas 4 JElATEI)1'o4- " ;()PMEtfI' Wfl'1-ftN THE CITY OF SCHERTZ DESIGNATED FLOOD PLAINS; VESTING THE CITY MANAGER WITH THE RESPONSIBILITY, AUTHORITY',~ND MEANS, TO'ADEde1iTELY AD- MINISTER AND EN- FORCE THIS ORDI- NANCE; PROVIDING A SAVINGS CLAUSE AND FOR THE REPEAL OF ALL ORDINANCES IN CON- FLICT THEREWITH; PROVIDING FOR A PEN- ALTY'PROVIDlNG AN EF- FECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Passed, approved and adopted the 26th day of July, 1995. Norma Althouse, City secretary ORDINANCE NO. 95-M-19 ESTABLISHING A DEVEL- OPM~NT PERMIT SYS- 'q:M: AND. ,~DOPTING REGULATIONS REQUIR- ING DEVELOPMENT PERMITS FOR CON- STRUCTION IN FLOOD PLAIN AREAS HAVING SPECIAL FLOOD HAZ- ARDS; PROVIDING FOR REVIEW OF SUBDIVI- SIONS; MAKING PROVI- SIONS RELATED TO DE- VELOPMENT WITHIN THE CITY OF SCHERTZ DESIGNATED FLOOD PLAINS; VESTING THE CITY MANAGER WITH THE RESPONSIBILITY, AUTHORITY AND MEANS TO ADEQUATELY AD- MINISTER AND EN- FORCE THIS ORDI- NANCE; PROVIDING A SAVINGS CLAUSE AND FOR THE REPEAL OF ALL ORDINANCES IN CON- FLICT THEREWITH; PROVIDING FORA PEN- AL TY; PROVIDING AN' EF- FECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Passed, approved and adopted the 26th day of July, 1995. Norma Althouse, City Secretary ORDINANCE NO. 95-M-19 ESTABLISHING A Q~VEL- OPMENT PE..,i=\MIT SVS- TEM AND ADOPTING REGULATIONS REQUIR- ING DEVELOPMENT PERMITS FOR CON- STRUCTION IN FLOOD PLAIN AREA~ HAVING