ORDINANCE NO. 1368-07-2015
AN ORDINANCE OF THE CITY OF GAINESVILLE, TEXAS
AMENDING SECTION 15-25 – DEFINITION AND SECTION 15-54 FLOODWAYS OF DIVISION 5 – PROVISIONS FOR FLOOD HAZARD
REDUCTION OF ARTICLE 11 – FLOOD DAMAGE PREVENTION,
CODE OF ORDINANCES OF THE CITY OF GAINESVILLE;
PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES, PROVIDING FOR AN EFFECTIVE
DATE, AND FINDING THE MEETING WAS OPEN TO THE PUBLIC.
WHEREAS, the City of Gainesville, Texas (the “City) desires to protect its floodways
while encouraging healthy growth and believes that these two goals are complimentary and
interdependent; and
WHEREAS, the City Council recognizes the importance of protecting its floodways
from structures that would impede flood flows, it also recognizes the need to permit construction
that would not impede flows; and
WHEREAS, the Federal Emergency Management Agency and the National Floodplain
Insurance Program acknowledge that some projects are so small as to not need studies or
certifications; and
WHEREAS, the current City of Gainesville Flood Damage Prevention Code requires
expensive, time-consuming studies to determine whether a project will impede flows even when
common sense dictates that some projects are so small or are constructed in a manner that they
will not impede flood flows; and
WHEREAS, the City Council desires that small, minor projects be exempted from
conducting hydrology and hydraulic studies and obtaining “no rise” certifications if such minor
projects are determined not to impede flood flows;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
GAINESVILLE, TEXAS:
SECTION 1. FINDINGS
The above and foregoing recitals are hereby found to be true and correct and are
incorporated herein as findings of fact. The City Council hereby further finds and determines that
the rules, regulations, terms, conditions, provisions, and requirements of this ordinance are
reasonable and necessary to protect public health, safety and quality of life.
SECTION 2. AMEND ARTICLE II – CODE OF ORDINANCES, FLOOD DAMAGE
PREVENTION, DIVISION 2, DEFINITIONS, SEC. 15-25 DEFINITIONS
Sec. 15-25. - Definitions.
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Unless specifically defined below, words or phrases used in this article shall be interpreted to give
them the meaning they have in common usage and to give this article its most reasonable
application.
Abandoned property means property over which the owner has apparently given up dominion
and control with no apparent intention of returning to it or recovering it. For instance, if a structure is
damaged in a flood or tornado and after two (2) weeks, it is still standing open with no attempt being
made to secure it, and all furnishings and contents are still in the structure in complete disarray, and
if all attempts to locate the property owner after two (2) weeks have been exhausted, the property
may be considered abandoned. Such attempts shall include posting a notice on the property,
running an ad in the local paper of general circulation two (2) times within a ten-day period, and
interviewing neighbors in the immediate area to determine if anyone has been seen investigating
damage to the structure.
Abandonment means to cease or discontinue a use or activity without intent to resume, but
excluding temporary or short term interruptions to a use or activity during periods of remodeling,
maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or
seasonal closure. An "intent to resume" can be shown through continuous operation of or habitation
of the facility, maintenance of sewer, water and other public utilities, or other outside proof of
continuance such as bills of lading, delivery records, utility billing, etc.
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.
Appurtenant structure means a structure which is on the same parcel of property as the
principal structure to be insured and the use of which is incidental to the use of the principal
structure. This type of structure is often referred to as an accessory building in zoning regulations.
Area of future conditions flood hazard means the land area that would be inundated by the onepercent-annual chance one hundred-year flood based on future conditions hydrology.
Area of shallow flooding means a designated AO, AH, AR/AO, AR/AH, or VO zone on a
community's flood insurance rate map (FIRM) with a one-percent or greater annual chance of
flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not
exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such
flooding is characterized by ponding or sheet flow.
Area of special flood hazard is the land in the floodplain within a community subject to a one (1)
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 for publication of the FIRM, zone A usually is refined into zones A, AO, AH, A1-30, AE,
A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V.
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Base flood elevation (BFE) means the elevation shown on the flood insurance rate map (FIRM)
and found in the accompanying flood insurance rate study (FIS) for zones A, AE, AH, A1 - A30, AR,
V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a one (1)
percent chance of equaling or exceeding the level in any given year. It is also called the base flood.
Base flood means the flood having a one (1) percent chance of being equaled or exceeded in
any given year. Previously referred to as a one hundred-year floodplain.
Basement means any area of the building having its floor subgrade (below ground level) on all
sides.
Breakaway wall means a wall that is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral loading forces, without
causing damage to the elevated portion of the building or supporting foundation system.
CLOMA means conditional letter of map amendment.
CLOMR means conditional letter of map revision.
CLOMR-F means conditional letter of map revision based on fill.
Critical feature means an integral and readily identifiable part of a flood protection system,
without which the flood protection provided by the entire system would be compromised.
Development means any manmade change to improved and unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation
or drilling operations or storage of equipment or materials.
Elevated building means, for insurance purposes, a non-basement building, which has its
lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers,
pilings, or columns.
Enclosure means is a fully enclosed area below the lowest floor that is useable solely for the
parking of vehicles, building access, or storage in an area other than a basement.
Existing construction means for the purposes of determining rates, structures for which the
"start of construction" commenced before the effective date of the FIRM or before January 1, 1975,
for FIRMs effective before that date. "Existing construction" may also be referred to as "existing
structures."
Existing manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) is completed before the
effective date of the floodplain management regulations adopted by a community.
Expansion to an existing manufactured home park or subdivision means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
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homes are to be affixed (including the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads).
Flood or flooding means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
66. (1)
The overflow of inland or tidal waters.
67. (2)
The unusual and rapid accumulation or runoff of surface waters from any source.
Flood elevation study means an examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations, or an examination, evaluation and
determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
Flood insurance rate map (FIRM) means an official map of a community, on which the Federal
Emergency Management Agency has delineated both the special flood hazard areas and the risk
premium zones applicable to the community.
Flood insurance study (FIS) see Flood elevation study
Floodplain or flood-prone area means any land area susceptible to being inundated by water
from any source (see definition of flooding).
Floodplain management means the operation of an overall program of corrective and
preventive measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and floodplain management regulations.
Floodplain management regulations means zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading
ordinance and erosion control ordinance) and other applications of police power. The term describes
such state or local regulations, in any combination thereof, which provide standards for the purpose
of flood damage prevention and reduction.
Flood protection system means those physical structural works for which funds have been
authorized, appropriated, and expended and which have been constructed specifically to modify
flooding in order to reduce the extent of the area within a community subject to a "special flood
hazard" and the extent of the depths of associated flooding. Such a system typically includes
hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works
are those constructed in conformance with sound engineering standards.
Flood proofing means any combination of structural and non-structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
Floodway see Regulatory floodway.
Functionally dependent use means a use, which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes only docking facilities, port
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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.
HEC-RAS means a computer program that models the hydraulics of water flow through natural
rivers and other channels. The term means the hydrologic engineering center (HEC) in California that
developed the river analysis system (RAS) as an aid to hydraulic engineers.
Highest adjacent grade means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Historic structure means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the
department of interior) or preliminarily determined by the secretary of the interior as
meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the secretary of the interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined
by the secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the secretary of the interior; or
(4) Individually listed on a local inventory or historic places in communities with historic
preservation programs that have been certified either:
(a) By an approved state program as determined by the secretary of the interior or;
(b) Directly by the secretary of the interior in states without approved programs;
(c) Located in City of Gainesville designated historic districts or as a historic structure.
Hydrology and hydraulic analyses means the use of GIS and terrain based models to automate
and link hydrologic and hydraulic modeling to determine floodplain and floodway delineation to a
HEC-RAS model. Such studies are frequently required by the floodplain administrator and shall be
completed by a hydraulics engineer or by an engineer who has demonstrated proficiency in this
discipline and who is acceptable to the floodplain administrator.
Hydraulics engineer means an engineer, registered in the State of Texas, who specializes in
the studies of hydraulics and hydrology. A civil engineer with the proper credentials may also be
proficient in this area of expertise.
Levee means a manmade 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.
LOMA means letter of map amendment.
LOMR means letter of map revision.
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LOMR-F means letter of map revision based on fill.
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 nonelevation design requirement of Section 60.3 of the National Flood Insurance Program regulations.
Manufactured home means a structure transportable in one or more sections, which is built on
a permanent chassis and is designed for use with or without a permanent foundation when
connected to the required utilities. The term "manufactured home" does not include a "recreational
vehicle".
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
Mean sea level means, for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a
community's flood insurance rate map are referenced.
Minor Project(s) means construction projects proposed for the floodway that would not block
flood flows or could be pushed over or ripped out early in a flood event and therefore are too small to
warrant an engineering hydrology and hydraulic study and “no rise” certification.
Moss lake floodplain means the normal pool elevation of Moss Lake is seven hundred fifteen
(715) feet above sea level (MSL). The one (1) percent or one hundred-year floodplain extends to
seven hundred thirty-six (736) feet MSL. Any development in this area is subject to Cooke County
Regulations, except for boat docks, which are permitted by the city.
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.
No adverse impact (NAI) means floodplain management where the action of one property
owner does not adversely impact the rights of other property owners, as measured by increased
flood peaks, flood stage, flood velocity, and erosion and sedimentation.
Nonresidential structure means, but is not limited to small business concerns, churches,
schools, farm buildings including grain bins and silos, poolhouses, clubhouses, recreational
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buildings, mercantile structures, agricultural and industrial structures, warehouses, hotels and motels
with normal room rentals for less than six (6) months duration, and nursing homes and hospitals.
Reasonably safe from flooding means that base flood waters will not inundate the land or
damage structures to be removed from the SFHA and that any subsurface waters related to the
base flood will not damage existing or proposed buildings.
Recreational vehicle means a vehicle which is (i) built on a single chassis; (ii) four hundred
(400) square feet or less when measured at the largest horizontal projections; (iii) designed to be
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.
Regulatory floodway means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than a designated height.
Repetitive loss means flood related damage sustained by a structure on two (2) separate
occasions during a ten-year period for which the cost of repairs at the time of each flood event, on
the average, equals or exceeds twenty-five (25) percent of the market value of the structure before
the damage occurred.
Residential structure means one that is considered to be a domicile or is used for residential
purposes for six (6) months or more. Residential structures include single family homes, multiple unit
apartment buildings, a residential condominium, or a manufactured or modular home.
Riverine means relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc.
Special flood hazard area see Area of special flood hazard.
Start of construction (for other than new construction or substantial improvements under the
Coastal Barrier Resources Act (Pub. L. 97-348)), means the date the building permit was issued,
provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or
other improvement was within one hundred eighty (180) days of the permit date. The actual start
means either the first placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond
the stage of excavation; or the placement of a manufactured home on a foundation. Permanent
construction does not include land 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, for floodplain management purposes, a walled and roofed building, including
a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
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Substantial damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed forty (40) 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 forty (40) percent of the market
value of the structure before "start of construction" of the improvement. This term includes structures
which have incurred "substantial damage", regardless of the actual repair work performed. The term
does not, however, include either: (1) Any project for improvement of 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 to assure safe living
conditions or (2) Any alteration of a "historic structure", provided that the alteration will not preclude
the structure's continued designation as a "historic structure."
Variance means a grant of relief by a community from the terms of a floodplain management
regulation. (For full requirements see CFR 44, Section 60.6 of the National Flood Insurance Program
regulations.)
Violation means the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in CFR 44,
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.
SECTION 3. AMEND ARTICLE II – CODE OF ORDINANCES, FLOOD DAMAGE
PREVENTION, DIVISION 5, PROVISIONS FOR FLOOD HAZARD REDUCTION,
SEC. 15-54 FLOODWAYS
Sec. 15-54. - Floodways.
Floodways located within areas of special flood hazard established in section 15-27, are areas
designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of
flood waters which carry debris, potential projectiles and erosion potential, the following provisions
shall apply:
(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. If the
Floodplain Administrator has determined that the proposed project is a “Minor Project” as
defined in Sec. 15-25, then the study and certification are not necessary. “Minor Projects”
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include, but are not limited to, the following:
(a)
Pasture, grazing land, outdoor plant nursery, orchard, and harvesting of crops.
(b)
Pole signs with faces 10 feet taller than flood elevation.
(c)
Utility Poles.
(d)
Recreational uses such as parks, picnic groves and golf courses, so long as the
construction of any building or structure serving the park, day camp, golf course, or
picnic grove does obtain a hydrologic and hydraulic analyses performed in accordance
with standard engineering practice that shows the construction of those buildings or
structures would not result in any increase in flood levels within the community during
the occurrence of the base flood discharge.
(e)
Any fencing that is designed to break away or lay down during a flooding event or that
is so minimal as not to be a flood flow impediment.
(2) If subsection (1) above is satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of division 5.
(3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Program Regulation, a community may permit encroachments within the
adopted regulatory floodway that would result in an increase in base flood elevations,
provided that the community first completes all of the provisions required by section
65.12.
(4) Property owners with property adjacent to creeks located in the city shall be responsible
for keeping debris and trash picked up along the creek banks; for keeping grass and
brush cut on their property and to the edge of the banks; and shall be responsible to
report to the city public services department any large debris or objects found in the
creek so that it may be removed. These actions will also aid in reducing mosquito
habitats.
(5) The city shall be responsible for removing weeds, brush, trees and debris from creek and
drainage channels and their banks.
(6) Dirt, sand, gravel or other materials shall not be removed from or added to floodways or
floodplains without first having a hydrology study done by a professional hydraulics
engineer approved by the floodplain administrator. This provision may be applied to any
existing or ongoing cases.
(7) Substantial damages amounting to over forty (40) percent of the market value of the
structure, as in section 15-55 of this article, shall be processed for removal by the
building and standards commission in the event that the property owner cannot
financially afford to have the structure repaired, or if the property owner abandons the
structure for any period exceeding sixty (60) days.
(8) The drilling of water, gas, and/or oil wells is prohibited within the boundaries of the
regulatory floodway as delineated on the community's FIRM. This provision shall also
apply to approximate A zones until a detailed study has been made to establish the
floodway.
(9) The storage of hazardous materials, in any form, is prohibited within the boundaries of
the regulatory floodway as delineated on the community's FIRM. This provision shall also
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apply to approximate A zones until a detailed study has been done to establish the
floodway.
SECTION 4. SEVERABILITY
If any provision, section, sentence, clause, or phrase of this Ordinance, or the application
of the same to any person or set of circumstance, if for any reason held unconstitutional, void, or
invalid (or for any reason unenforceable), the validity of the remaining portion of this Ordinance
or its application to other persons or sets of circumstances shall not be affected thereby, it being
the intention of the City Council and the Mayor of the City of Gainesville in adopting and
approving this Ordinance, that no portion hereof or provision or regulation contained herein,
shall become inoperative or fail by any reason of any unconstitutionality or invalidity of any
other portion, provision, or regulation.
SECTION 5. REPEAL OF CONFLICTING ORDINANCES
All Ordinances of the City of Gainesville, or provisions thereof, in conflict with this
Ordinance and not specifically repealed herein are hereby repealed.
SECTION 6. EFFECTIVE DATE
This Ordinance shall take effect immediately from and after its passage and publication
in accordance with the provisions of the Texas Government Code and City Charter.
SECTION 7. OPEN MEETINGS
It is hereby officially found and determined that the meeting at which this ordinance is
passed was open to the public as required and that public notice of the time, place, and purpose
of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas
Government Code.
INTRODUCTION, FIRST READING
INTRODUCED AND READ FOR THE FIRST TIME BEFORE THE CITY COUNCIL
OF THE CITY OF GAINESVILLE ON THE 21ST DAY OF JULY 2015.
6 AYES,
0 NAYS,
1 ABSENCES, AND
0 ABSTENTIONS
ATTEST:
_/s/___________________________________
CAITLYN HUDDLESTON, CITY SECRETARY
/s/________________________
JIM GOLDSWORTHY, MAYOR
ADOPTION
ADOPTED IN REGULAR SESSION BY THE CITY COUNCIL OF THE CITY OF
GAINESVILLE ON THE 21ST DAY OF JULY 2015. BY THE FOLLOWING VOTE.
6 AYES,
0 NAYS,
1 ABSENCES, AND
0 ABSTENTIONS
ATTEST:
_/s/___________________________________
CAITLYN HUDDLESTON, CITY SECRETARY
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/s/________________________
JIM GOLDSWORTHY, MAYOR