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77-M-9 FLOOD PLAIN , ' , " , '. , , ORDINANCE NO. 7?-#!-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 regu- late and control land use and construction within incorporated land areas desig- nated as flood prone by the U. S. Department of Housing and Urban Development; WHEREAS, this body has the legal authority to adopt land use and con- trol measures to reduce future flood losses pursuant to the Texas Flood Control and Insurance Act, Article 8280-13 VACS, and Article 1581e-l VACS; WHEREAS, the City Council of Schertz, Texas has established a develop- ment 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; WHEREAS, the system and regulations, as drafted, require certain duties of officials of the City of Schertz, Texas, and; WHEREAS, the City Council of Schertz, Texas has considered the regula- tions as drafted and wished to adopt them as the official flood plain management regulations of the City of Schertz, Texas and; WHEREAS, a copy of the regulations as drafted are attached hereto, and are by reference incorporated in and made a part of this ordinance; 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. , . :. , , REGULATIONS FOR FLOOD PLAIN MANAGEMENT CITY OF SCHERTZ, TEXAS PART I DEFINITIONS Section 1:01 - Appeal means a request for a review of the City Manager's inter- pretation of any provision of this ordinance or a request for a variance. Section 1:02 - Areal of shallow flooding means a designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Section 1:03 - Area of special flood hazard is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Section 1:04 - Base flood means the flood having a one percent chance of being equalled or exceeded in any given year. Section 1:05 - Development means any man-made change to improve or unimprove real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Section 1:06 - Existing mobile home park or mobile home subdivision means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installa- tion of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this Court order Section 1:07 - Expansion to an existing mobile home park or mobile home subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets). Section 1:08 - Flood and flooding means a general and temporary condition of par- tial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal water. (2) The unusual and rapid accumulation or runoff of surface waters from any source. Section 1:09 - Flood Hazard Boundary Map (FHBM) means an official map of a community, issued by the Federal Insurance Administration, .where the bdundaries of the areas of special flood hazards have been designated as Zone A. Section 1:10 - Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Federal. Insurance Administration has del ineated both the areas of special flood hazards and the risk premium zones applicable to the community. Section 1:11 - Flood Insurance Study is the official report provided by the Federal Insurance Admi ni strati on. The report contains fl ood profil es ,as well as the Flood Hazard Boundary-Floodway Map and the water surface elevation of the base flood. ~ Section 1:12 - Floodproofed means watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrohynamic loads and effects of buoyancy. Section 1:13 - 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 one foot. Section 1:14 - Habitable floor means any floor usable for livin~ purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor". Section 1:15 - Mean Sea Level means the average height of the sea for all stages of the tide. Section 1:16 - Mobile home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not in- clude recreational vehicles or travel trailers. Section 1:17 - New construction means structures for which the "start of construc- tion" commended on or after the effective date of this ordinance. Section 1:18 - New mobile home ark or mobile home subdivision means a parcel (or contiguous parcels or land divided into two or more mobile home lots for rent or sale for which the construction of facil~ties for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this or- dinance. Section 1:19 - ;Subdivision means the division of any lot, tract,or parcel of land into two or more lots or sites for the purpose, whether immediate or future, of sale or of building development. It also includes resubdivision of land or lots. Division of land in parcels of three or more acres each shall not be included in this definition of subdivision, unless such division of three or more acres includes the planning or development of a new street or access easement. Section 1:20 - Start of construction means the first placement of permanent con- struction of a structure (other than a mobile home) on a site, such as the pour- ing of slabs or footings or any work beyond the stage of excavation. 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 a 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 dwell- ing units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivision, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is compl eted. Section 1:21 - Structure means a walled and roofed building that is principally above ground, as well as a mobile home. Section 1:22 - Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is started, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living condi- tions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Section 1:23 - Variance is a grant of relief to a person from the requirements of this ordinance which permits construction in a manner otherwise prohibited by this ordinance where specific enforcement would result in unnecessary hardship. PART 2 GENERAL PROVISIONS Section 2:01 - Creation of City Flood Plain Administrator With this ordinance, the City Manager or whomever he delegates the authority shall serve as the City's Flood Plain Administrator. Section 2:02 - Responsibilities of the City Manager is directly responsible for the administration of the adopted City's flood plain management regulations. Additional responsibilities include filing an annual report to the Federal Insurance Administrator, maintaining for public inspection a record of eleva- tions, and maintaining a respository of the latest City flood plain maps and available flood plain data. Section 2:03 - Enforcement Officer: The provisions of this ordinance shall be administered and enforced by the City Manager or his duly authorized repre- sentative of the City of Schertz. Section 2:04 - Right to Enter: The City Manager or his duly authorized repre- sentative shall have the right to enter upon any premises at any reasonable time prior to the completion of the buildings for the purpose of making in- spections of building or premises necessary to carry out his duties in the enforcement of this ordinance. Section 2:05 - Stop Orders: Whenever any building work is being done contrary to the provisions of this ordinance, the City Manager or his duly authorized representative may order the work stopped by notice in writing served to the contractor doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the City Manager or his duly authorized representative. Section 2:06 - Promul ation of Forms an Establishment of Fees The City Manager shall aid the City ouncil in promulgating necessary forms for administering these regulations nd the City Council, in order to defray costs of administration, shall estab ish fees which will be paid into the City of Schertz funds. Section 2:07 - Fees A fee of $25.00 will be required for a Development Permit, only if the area for development is defined as being ithin the Special Flood Hazard Areas of the City of Schertz, Texas as state in Section 3:06 ,A and B. All other permits and fees as required by the ity of Schertz Code of Ordinances, Chapter 5, Article II, IV and V resp ctively will be applicable. , ' . . Section 2:08 - Any person, firm or corporation who shall violate any of the provisions of this Ordinance or fail to comply therewith or who shall violate or fail to comply with any order or regulations made thereunder, or who shall build in violation of any detailed statement of specification of plans sub- mitted and approved thereunder, or any certificate or permit issued thereunder, shall, for each and every violation and noncompliance respectively be deemed guilty of a misdemeanor, and upon conviction therefore shall be fined in a sum not to exceed $200.00 and each and every day that such violation or non- compliance shall exist shall be deemed a separate offense. Section 2:09 - Addition Penalties: But in case any person, firm or corporation violates any of the provisions of this ordinance or fails to comply therewith, the City of Schertz, in addition to imposing the penalties above provided may appropriate action or proceedings in court to prevent, restrain, correct, or abate or to prevent any illegal act, conduct, business or use in or about any land and the definition of any violation of the terms of this ordinance as a misdemeanor, shall not preclude the City of Schertz from involking the civil remedies given it by law in such cases, but same shall be cumulative of and in addition to the penalties prescribed for such violation. . Section 2:10 - Enactment - All ordinances and parts of ordinaces in conflict with the provisions of this ordinance are hereby repealed, and this ordinance shall be in full force and effect from and after its final passage and publication as provided by law. PART 3 DEVELOPMENT PROCEDURES WHEN THE FEDERAL INSURANCE ADMINISTRATOR HAD NOT DEFINED THE SPECIAL FLOOD HAZARD AREAS WITHIN THE CITY OF SCHERTZ, TEXAS Section 3:01 - Development Permit Application Section 3:02 - Requirement to submit application - Any firm, corporation, or individual who proposes construction or other development, including the placement of mobile homes within the corporated areas of Schertz, Texas, shall be required to submit a development permit application to the City Manager. Application forms may be obtained from the Schertz City Hall. Section 3:03 - Review of Development Permit Application - The City Manager shall review the application to: A. determine whether such construction or other development is proposed within flood-prone areas; B. assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law. (A listing of these agencies will be maintained by the City Manager); C. determine whether proposed building sites will be reasonably safe from flooding. Section 3:04 - Flood Plain Data Used for Review - The City Manager shall obtain, review and reasonably utilize flood plain data from Federal and State agencies in determining possible flood hazards. Additional sources of local informa- tion may also be utilized in this review. Where interpretation is needed as to exact location of flood plain boundaries, the City Manager will make the necessary interpretation. Section 3:05 - Building Permit Form .' . , ~, section 3:06 - Issuance of Building Permit ~ After review of the Building Permit Application, the City Manager shall issue a building permit to the applicant and obtain payment of fee established by the City Council. The City Manager shall specify any special conditions of issuance on the building permit, City of Schertz Code of ordinances, Chapter 5, Article II, IV and V respectively. A. If no flood hazard exists, this shall be so stated on the Permit. Applicant will not be bound by development standards conatined in this ordinance. B. If a flood hazard exists, then the City Manager will determine the nec- essary construction requirements for maintaining the safety of the develop- ment and to minimize or eliminate flood damage. Section 3:07 - Construction Requirements - If a proposed development is in a flood-prone area, as defined by the Flood Hazard Boundary Map, the City Manager shall require all new constructiory and substantial improvements (including the placement of prefabricated buildings and mobile homes) to be: A. designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure, , B. constructed with materials ~nd utility equipment resistant to flood damage, and C. constructed by methods and practices that minimize flood damage. The City Manager shall utilize th~ Elevated Residential Structures Manual prepared by the Federal InsurancelAdministration and the Flood-Proofing Regulations Manual prepared by th~ U. S. Army Corps of Engineers as guides in determining construction requirem~nts. Section 3:08 - Sanitary Sewage syste~s Requirements - The City Manager shall require in flood-prone areas: I A. new and replacement sanitary sewage collection systems to be designed to minimize or eliminate infiltration of flood waters into the system and discharges from the system into flood waters. Section 3:09 - Certification of Adherence to Special Provisions of Development Permit - The City Manager may require from the applicant a certification by a registered professional engineer that construction has adhered to the special provisions stated on the development permit. Section 3:10 - Subdivision Review - Subdivision proposals shall be reviewed by the City Manager to assure that: A. All such proposals are consistent with the need to minimize flood damage within the flood-prone area; and B. All public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and C. adequate drainage is provided to reduce exposure to flood hazards. Subdivision platt submissions and other controls will be regulated by City of Schertz, Texas, Subdivision Ordinance. '..', ,l PART 4 DEVELOPMENT PROCEDURES WHEN THE FEDERAL INSURANCE ADMINISTRATOR HAS DEFINED THE SPECIAL FLOOD HAZARD AREAS WITHIN THE CITY Section 4:01 - Special Flood Hazard Boundary Maps - Special Flood Hazard Maps, prepared by t he Federal Insurance Administration, and with an effective iden- tification date of ~-15 '" 1'7 , are hereby adopted by the Schertz City Council. These m ps delineating the 100-year flood plain within the incorporated areas of the City of Schertz, Texas will be the controlling maps for purposes of these regulations. Section 4:02 - Requirements to Submit Development Permit Application - Any firm, corporation, or individual who proposes construction or other development, including the placement of mobile homes, within Zone A delineated on the City's Flood Hazard Boundary Map shall be required to submit a development permit application to the City Manager. Section 4:03 - Review Previous Permit Requirements - Permit applications will be reviewed as stated in Sections 3:03, and 3:08. Section 4:04 - Inssuance of Development Permit - The City Manager shall issue the permit as specified in Section 3:06, unless conditions are encountered which may render construction hazardous and constitute grounds for denial of a development permit. Procedures for appeal of permit denial are set forth in Section 4:10 of these regulations. Section 4:05 - Construction Requirements - Requirements contained in Section 3:07 shall be followed and additionally, the City Manager shall require that: A. all new construction and substantial improvements of residential structures within zone A have the lowest flood (including basement) elevated to or above the base flood level; and B. all new construction and substantial improvements of nonresidential structures have the lowest floor (including basement) elevated or flood proofed to or above the base flood level. In requiring elevation or flood praOfing, the City Manager shall obtain, re- view, and reasonably utilize any base flood elevation data available from Federal, State, or other sources. Section 4:06 - Mobil Home Standards - The City Manager shall require that all mobile homes to be placed within Zone A shall be anchored to resist float- ation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that: A. over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations and mobile homes less than 50 feet long requiring one additional tie per side; B. frame ties be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side; C. all components of the anchoring system shall be capable of carrying a force of 4,800 pounds. D. any additions to the mobile home be similarly anchored; and E. an evacuation plan indicating alternate vehicular access and escape routes be filed with appropriate Disaster Preparedness Authorities. " ., ' I' " Section 4:07 - Certification of Adherence to Special Provision of Development Permit - The City Manager shall require from the permit applicant a certifi- cation by a registered professional engineer that construction has adhered to the special provisions of the permit and that elevation or flood proofing was accomplished at the specified level. Section 4:08 - Subdivision Requirements - Subdivision proposals shall be reviewed as specified in Section 3:10 and additionally, the City Manager shall require all subdivision proposals and other proposed new developments greater than 50 lots or 5 acres, whichever is the lesser, include within such proposals base flood elevation date. Section 4:09 - Additional Responsibilities of the City Manager The City Manager shall: A. Obtain elevation of the lowest habitable floor (including basement) of all new or substantially improved structures located in Zone A; and B. obtain, if the structure has been flood-proofed, the elevation to which the structure was flood-proofed; and C. Maintain records of all such information; and D. notify, in riverine situations, adjacent communities and the Texas Water Development Board prior to any alteration or relocation of a watercourse and submit copies of such notifications to the Federal Insurance Administra- tor; and E. require sufficient data from applicant to assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. Section 4:10 - Appeals and Variances Procedures - The City Manager shall hear and render judgement on permit denials and requests for variances from the require- ments of these regulations. A. Any firm or person denied a development permit by the City Manager shall have the right to appear before the City Council and the City Manager to submit evidence and arguments for overturning the denial. B. The City Manager and the City Council shall hear requests for variances from construction standards and shall follow these procedures for granting variances: 1. variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result; and 2. variances may be issued for structures 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; and 3. variances shall only be issued upon a showing of good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship to the applicant, and 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; and 4. variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relife; and 5. variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or a State Inventory of Historic Places. C. The City Manager shall: 1. notify the applicant in writing that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance and such construction below the base flood 1 eve 1 increases ri sks to 1 i fe and property; and 2. shall maintain a record of all variance actions, including justification for their issuance and report such variances issued in its annual report. ~ ; .. '. ' , I' PART 5 DEVELOPMENT PROCEDURES WHEN THE FEDERAL INSURANCE ADMINISTRATOR HAS DEFINED THE SPECIAL FLOOD HAZARD AREAS AND PROVIDED BASE FLOOD ELEVATION DATE Section 5:01 - Completion of Flood Insurance Rate Study - A flood insurance rate study when completed by the Federal Insurance Administration, and accepted by the City Council, will provide the City Manager with base flood elevation data and with flood insurance rate maps of City of Schertz on which the City's flood plain has been delineated, where appropriate, into Zones Al-30, AO Zones, and unnumbered Zone A's. The City Manager shall use these base flood data and maps to review developmmnt permit applications and subdivision. Section 5:01 - Development Standards - The previous sections pertaining to Development Permit applications, application review, permit issuance, and construction requirements shall be followed and in addition, the City Manager will: . A. requtre all new construction and substantial improvements or residentail structures within Zones Al-30 on the City'.s flood insurance rate map (FIRM) have the lowest flood (including basement) elevated to or above the base flood level; B. require that all new construction and substantial improvements of non- residential structures within Zones Al-30 to: 1. have lowest floor (including basement) elevated to or above the base flood level or, 2. together with attendant utility and sanitary facilitjes, 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. Section 5:03 - Certification of Floodproofing - Where floodproofing is utilized for a particular structure, the Administrator will require a registered pro- fessional engineer or architect to certify that the floodproofing methods are adequate to withstand the flood depths, pressure, velocities, impact and uplift forces and other factors associated with the base flood. Section 5:04 - Mobile Home Standards - The City Manager shall: A. require within Zones Al-30 on the City's FIRM for new mobile home parks and mobile home subdivisions, for expansions to existing mobile home parks and subdivisions where the repair, reconstruction, or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities, and pads before the repair, reconstuction or improvement has commenced, that: 1. stands on lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level, 2. adequate surface drainage and access for a hauler are provided, and 3. in the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than ten feet apart, and reinforcement is provided for pilings more than six feet above ground level. B. require mobile homes not in a mobile home park or subdivision but located within Zones Al-30 to conform to standards provided in A. (1), (2), (3). Section 5:05 - Shallow Flooding - Areas of shallow flooding may be designated on the FIRM as AO Zones. The City Manager shall: A. require within Zone AO that all new construction and substantial improve- ments or residential structures have the lowest floor elevated above the crown of the nearest street to or above the depth number spedified on the FIRM, and : " ~ " . .. '." . " . , ;. . B. require within Zone AO that non-residentail structures have the lowest floor elevated above the crown of the nearest street to or above the depth number specified on the FIRM or together with attendant utility and sanitary facilities be completely floodproofed to or above that level as required by Section 5:02 (B). Certification will be required as specified in Section 5:03. Section 5:06 - Floodway Requirements - Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zone Al-30 unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the flood plain. PART 6 DEVELOPMENT PROCEDURES WHEN BASE FLOOD DATA HAS BEEN PROVIDED AND A FLOODWAY EATABLISHED Secti on 6: 01 - Estab 1 i shi ng a Floodway The City Council, with the assistance of the City Manager, shall select and adopt a regulatory floodway using data provided by the Federal Insurance Administrator. The floodway chosen must be designed to carry base flood waters without increasing the water surface elevation of that flood more than one foot at any point. Section 6:02 - Development Standards - All requirements of Part 5 will be followed and in addition, the City Manager will: A. prohibit encroachments, including fill new construction, substantial improvements, and other development within the adopted regulatory floodway that would result in any increase in flood heights. B. prohibit the placement of any mobile homes, except in an existing mobile home parks or mobile home subdivisions within the adopted floodway. PART 7 ABROGATION AND GREATER RESTRICTIONS This Order is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflicts or overlaps, which ever imposes the more stringent restrictions shall prevail. PART 8 INTERPRETATION In the interpretation and application of this ordinance and its regulations, all provisions shall be: A. considered as minimum requirements; B. liberally constructed in favor of the governing body; and C. deemed neither to limit nor repeal any other powers granted under State statures. PART 9 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 , . . . ~. . . . . , .. . . . toO_ .. by man-made or natural cuases. This ordinance does not imply that land outside the mapped flood plain or uses permitted within such areas will be free from flooding or:,flood damages. This ordinance shall not create liability on the part of City of Schertz, Texas, or any officer or employee thereof for any flood damages that result from reliance of this ordinance or any administrative decision lawfully made thereunder. PASSED, APPROVED AND ADOPTED this the ~ day of 19 71 J o~r{VV U~e~ Mayor, City of Schertz, Texas ATTEST: The State of Texas PUBLISHER'S AFFIDAVIT County of Guadalupe } Before me, the undersigned aufhority, on this day personally appeared__m_m_.m_...._ m..____mmm.____n_H..__J)._!m1'.0_t.l!rD__m_____m__.___....______m_m____m_' who being duly sworn says that he (she] is 1'he ..__.mm_..mmm___f_l,l;9):):_:?_J:1.~~_m__m_______.__m of __~J:,~_.Y_~}_~~;>:___~!~:~_'.>_nm_______' co . a weekly newspaper published at m___________...u_~g;;.1.!_?-.I!:..__...__.__..mm___m_mm____________m' in said county and state and that "'m mmm__ _m__mn_________mr:_?_~~_~_~.__. ___m_____._________________ .____m.___ m ___, a copy of which is hereto attached, was published in said newspaper on ........................... _._______ _ __ m__. __~ ~~_~_~.~ _..~ .?_ ?____~ 2. 7.1.._ _................ .,_ _ _" ___ _ _ m. __ __ __ _m__ ___ _ __ _ _ __ _ n_ __ __ _ _ _. _ ___ _ _ __ _ _ ___. __ _ _ __ _ n___ -----------~~.._.._..._.... Subscribed and sworn to before me this the m.____n______?_?___mmm___m_..............._ day of ...._._.mm...__A1Jg].J..$.tm_._.mm.' 1 9...7.1_. LE8*I.' 'NGYlCE AN ORDINANCE ESTABLISHING A DEVE~PMENT 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 DEVELOP. , MENT WITHIN THE CITY OF SCHERTZ DESIGNATED FLOOD PLAINS, VESTING THE CITY MANAGER WITH THE RESPONSIBILITY, AUTHORITY AND MEANS TO ADEQUATELY ADMINISTER AND ENFORCE THIS OR, DINANCE, PROVIDING A SAVINGS CLAUSE AND FOR THE REPEAL OF ALL OR- DINANCES IN CONFLICT THEREWITH, PROVIDING FOR A PENALTY, PROVIDING AN EFFECI'IVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUB- JECT., Approved at first reading befOl'e the ColD1cil on this the 16lh day of August, 1977. JlD1e G. Krause City SeCl:clWf- . CiW of.:~:l'elI8I' Clc a LA.Q.J--tl.....{}_.. /Yl ( (CLLL~_ -------~----------------------_..---_.-_.---------------..--....v Notary Public in and for _ ...__.....G_\EH1.0J.1JP.~.. ......m..._... __ County, Texas 11-/11-J }t9i ..4 PUBLISHER'S AFFIDAVIT The State of Texas County of Guadalupe } Before me, the undersigned authority, on this day personally appeared________________m_ ...........m"hmnm.m__Y.:...~.:...:~!~.~.\l:I.r:________.__m..nmhm____..._m' who being duly sworn says that he (she) is fhe mn...__.__...m.___m__.___X~!?}.~~!:.~L....m_..m_ of ._!:!:.~...~-.~}_~~X..J~~~~!.~____...mml a weekly newspaper published at h.__..h...__.._.m..~.ex~~~!!__.mh.nm.h.......h..hm....nm, in said county and state and that ..__...n...__.h....m_.m.......mm......::.<?~.~~.E;mm.__.mnm...m.mmm'___"__1 a copy of which is hereto attached, was published in said newspaper on .........n__.............. Septerrber 15, 1977 ...nnm....l)J/l~-............... Subscribed and sworn to before me this the .............m....m...}9.~!?...m............. day of ........mm............mnn~~E:~.:m, 19...U.. l::=~a~~Ii:De-1 velopment Permit System and Adopting Regulations Requiring Development Permits for Con. struction in Fluod Plain Areas Having Special Flood Hazards; providing for review of subdi'l visions; making provisions re-! lated to development within the City of Schertz designated flood pla'ins; vesting the City Manager with the responsibility. authority and means to adequately admin. ister aOO en~orce this ordinance; providing a savings clause alld for the repeal of all ordinances in conflict therewith; providing for a penalty; providing an effec- tive' diate and cnntaining other provisions relating to the subject. Passed, approved and adopted the 6th day of September, 1977. .... ~~l!C:-G.. K,ral!5.C.. " -. Seeretary. . ,~.t}oe: {J J -" / ....:dr~n..m>.~.':-:t~..f?J~.!(S-:-.~~.~ Notary Public in and for ._....G.1W,.Q..g,J"UDf;'nnnnn..nm.mn.. County, Texas , ;..