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
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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(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
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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
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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