Ordinance 1987-17
U F~ D I i\I (IN c::: E NO" .../r....I..../.7
BEING AN ORDINANCE TO CONTROL CONSTRUCTIUN
TU FLUUDING, CUNTAINING A SEVERANCE CLAUSE,
PENALTY CLAUSE, AND DECLARING AN EMERGENCY.
I 1\1 i~~I:<EAb SUB,JE:Cr
CON'TA I N 1 NG (.j
This ordinance shall be known as the Flood Damage Prevention
Ch"d i na ('ICE?.
WHEREAS: The Legislature of the State of Texas has 1n
Vernons Annotated Texas Civil Statues delegated the
responsibility to local governmental units to adopt
regulations designed to minimize flood losses, and
WHEREAS: The flood hazard areas of the City of Wylie 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
welfc.'u'('2, and
WHEREAS: 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 hazard areas by uses vulnerable to floods
and hazardous to other lands because they are inadequately
elevated, floodproofed or otherwise protected from flood
darl1<':\~le.
THEREFORE, BE IT URDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS THAT:
BBI.U;;b~....I~..
SECTION A.
~IAIE~E~I_QE_eUBeQ~~~
It 1S 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 1n
specific areas by provisions designed to:
(1) Protect human life and health;
(2) Minimize expenditures of public money for costly flood
control projects;
(3) Minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the
expense of the general public;
(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 as to minimize future blight areas; and
(7) insure that potential buyers are notified that property
is in a flood area.
SECTION B.
M~IHQQ~_QE._B~QU~I~~_EbQQQ_bQ~~~~~
In order to accomplIsh its purposes, this ordinance
uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health,
safety or property in times of flood, or cause excessive
increases in flood heights or velocities.
(~) Require that uses vulnerable to floods, including
facilities which serve such uses, be protected againist
flood damage at the time of the initial construction;
(3) Control the alteration of natural floodplains, stream
channels, and natural protective barriers, which are
involved in the accommodation of flood water;
(4) Control filling,
development which may
grading,
increase
dredging and other
flood damage;
(5) Prevent or regulate the construction of flood barriers
which will unnaturally divert flood waters or which may
increase flood hazards to other land..
8BII~b~_I!~
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 its most reasonable application.
APPEAL-means a request for a review of the Flood Plain
Administrator's interpretation of any provision of this
ordinance or a request for a variance.
AREA OF SHALLOW FLOODING-means a designated AO, AH, or VO
zone on a community's Flood Insurance Rate Map (FIRM) with ~
one percent (1%) 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 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 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 ratemaking has been completed in
preparation 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 ln any gIven year.
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 man-made change in improved and
unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations.
ELEVATED BUILDING-means a non basement building;
(i) built, in thE~ Ci::\SE-:: of c;\ buildil"I~! :i,l"1 ZOl"'f:?~~ f:I1--30,
AE, A, A99, AD, 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 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~ magnitudf:? of thE! ba~:;e flood. In the casf.'~ of Zones r:~l'''-
;:::;0, ~)E, A, (-i':)9, ~K), AH, B, C, X, D, "elev<i:\ted bui ldil"I~;IS"
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 Zon(.~s Vl--20, VE, Or" V, "Edevated buildil"I~~", even
though the lower area is enclosed by means of breakaway
walls if the breakaway walls meet the standards of Section
f:'O.3 (e) (5) of thE? Nat ional F'lood Insul"'al"lcr:.~ Pr'O~P'<-UIl
l"'eg u 1 at i ()l",S.
EXISTING CONSTRUCTION-means for the purposes of determining
1...'at€'.!s, s:,tr"uctu'r-'e~5 fOr' which thf:? "star't of c()'nstr'uction"
commenced before the effective date of the FIRM or before
,Jal"IUi::U"'Y 1, 1'375, for-' F I RIYls effE~ct i ve b€~for"e that ddt E~.
"E>{i~:;ting corl~:;tl"'uction" mc':\Y al~~() bE~ r'f.?fer'r'ed to a~::; "existi'l'"lg
s t 1" uct u 'r'e!;;" .
FLOOD OR FLOODING-means a general and temporary condition of
partial or complete inundation of normally dry land areas
fr'om:
(1) the overflow of inland or tidal waters.
(2) the unusal and rapid accumulation or runoff of
surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM)-means an official map of a
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 community.
FLOOD INSURANCE STUDY-is the official report provided 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 area
susceptible to being inunddted by water from any source (see
definition of flooding).
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
lrJ i t I"', in a commUl"1 :i, t y subj E~ct to a II SpE.~c i a 1 f 1 (::ood haze'\r"d II and
the extent of the depths of associated flooding.. Such as
system typically includes hurricane tidal barriers, darns,
l"'eS('21"VO i r's, 1 evees 01" d i kE~s. These spec i a 1 i ;,:ed flood
modifying works are those constructed in conformance with
sound engineering standards.
FLOODWAY (REGULARTORY 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.
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
fac i lit i es, POt-'t fac i lit i f:?S t hc:\t at~e nt~cE'sSat-'y fOl'..' t I"'IE?
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.
HIGHEST ADJACENT GRADE-means the highest natural elevation
of the gound surface prior to construction next to the
proposed walls of a structure.
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
f: 1 ood i lri!;!.
LEVEE SYSTEM-means a flood protection system which consists
of a levee, or levees, 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
t'E'?1] u I at ions.
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
connnected to the required utilities. For flood plain
managemE~i"lt pUt'pOS;f:?<;~ th(e tet-'m "rnc.'1i"lufact ut"E~d homE~" also
includes park trailers, travel trailers, and other similar
vehicles placed on a site for greater than 180 consecutive
CL:;IYS. Fot-, i i"1~~U'r"ai"ICe pUt"po~~es the t e'r-'rn " mai"lI.l fact Ul'-'E?d homE! II
does not include park trailers, travel trailers, and other
similar vehicles.
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
c:\ l"f:? t'E'? f E~Y"encE?d.
NEW CONSTRUCTION-means for flood plain management purposes,
~~t t"'uct Ut't~~~ f:()t' wh i ch t he II st c\'r't of COi"lst t-'uct i 0'1"1 II cornmei"lced
on or after the effective date of a flood plain management
regulation adopted by a community.
START OF CONSTRUCTION-(for other than new construction or
substantial improvements under the Coastal Barrier Resources
net (Pub.. L. 97,-348)), i l",C ludes subst al"lt i a 1 i mpl"'()Verflf:?nt"~ and
Means the date the building permits was issued, provided the
actual start of construction, repair, reconstruction,
placement, or other improvements was within 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 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 shed not occupied
as dwelling units or not part of the main structure..
STRUCTURE-mE'~i:H',~:; a wall€~d <::\lrl r'()ofE?d buildil'l~j, incl'_\din~:1 i::'\ ~ji::'\~s
or liquid storage tank, that is principally above ground, as
well as a manufactured home.
SUBSTANTIAL IMPROVEMENT-means any repair, reconstruction or
improvement of a structure, the cost of which equals or
exceeds 50% of the market value of the structure either;
(1) before the improvements or repair is started, or
( i::~ )
r"est or-'ed 'J
if the structure has been damaged and is being
before the damage occured.
F01" t hl-:? pU'r'pose 0 f t his dE-? 1" i l", i t i 0'(', II S u b"",t ant i i::'\ I i rnpl"'O\lE)rnf~~nt II
is considered to occur when the first alteration of any
wall, cf:?ilin~j, floor', ()r" othe'r' ~,:;t'r"uct'-n-'al Pi::\'r't cd" thf~
building commences, whether or not that alteration affects
the external dimensions of the structure. The term does
not, however, include either;
(1) any project for improvement of a
comply with existing state or local health,
safety code specifications which are solely
assure safe living conditions, or
r::; t '1'-, uct U r'€,:'
sa'(",it<"l"'y,
nE'ces S i::\ '1'-, Y
to
ell....
to
(2) any alteration of a structure listed on the
National Register of Historic Places or a State Inventory of
Hi r::;t ()r' i c 1='1 i:',\C(7?~:;:,.
VARIANCE-is a grant of relief to a person from the
requirements of this ordinance when specific enforcment
would result in unnecessary hardship.. n variance,
therefore, permits construction or development in a manner
otherwise prohibited by this ordinance. (For full
requirements see 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 flood
plain management regulations. A structure or other
development without the elevation certificate, other
certifications, or other evidence of compliance required In
Sect ion (:,0. 3 (b) (5), (c) (Lj,), (c) (10), (d) (3), (e) (.:::) 'J
(e) (L~), 01'" (E?) (:::5) l~:; p'("e~;;umE?c1 to be in violdt i()n unt i I ~';;,uch
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 flood plains of coastal or riverine
a l"E'?i:':\ r:';.
ARTICLE 3.
SECTION A.
bB~Q~_IQ_~HI~H_IHI~_QBQI~B~~~_8eebI~~~
The ordinance shall apply to all areas of special flood
hazard with the jursidiction of the City of Wylie.
SECTION B.
~B~I~_EQR_~~I8~bI~HI~G_IH~_8B~8~_QE_~e~~IBb
EbQQQ_,_HB,~Bf.m~,
The areas of special flood hazard identified by the
Federal Emergency Management Agency in a scientific and
('?r',!] i ne~et-' i ng 'r~epo'r't ent it led, II ThE? Flood I l"ISI.l'r'ance St udy fe))'"
the City of Wylie, Collin, Dallas and Rockwall County's in
the St at e of Texas II dat c-')d lY!a'r'di i 6, i '3B6, \.'4 i t h accornpal"IY i l"1f:1
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..
SECTION C.
~~IB~bI~H~~~I_QE_Q~~~bQe~~~I_e~B~II~
A Development Permit shall be required to ensure
conformance with the provisions of thIS ordinance..
SECTION D.
~QMPb18~~~~..
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
t'eg u 1 at i Ol',S..
SECT I ON E.
8~BQ~BI!Q~_A~Q_~B~BIEB_B~~IBI~IIQ~~~
This ordinance is not intended
impair any existing easements,
restrictions. However, where
conflict or overlap, whichever
restrictions shall prevail..
to repeal, abrogate, or
covenants, or deed
this ordinance and another
imposes the more stringent
SECTION F.
I~I~,8.eB!;;I8IIQ~~_
In the interpretation and application of this ordinance, all
provisions shall be;
(1) considered as minimum requirements;
(2) liberally construed in favor of the governing
bc)dy;
(3) deemed neither to limit nor repeal any other
powers granted under State statues.
SECTION G.
~8B~!~~_B~Q_Ql~~b8IM~B_QB_bI8~IbIIY~
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 community or
any official or employee thereof for any flood damages that
result from reliance on ttlis ordinance or any administrative
decision lawfully made thereunder.
ARTICLE 4.
SECTION A.
Q~~I~~8IIQ~_QE_IHE_EbQQQebBI~_8Q~I~I~IBBIQB~
The City Manager or his designated representative is
hereby appointed the Floodplain Administrator to administer
and implement the provisions of this ordinance and other
appropiate sections of 44 CFR (Nation Flood Insurance
Program Regulations) pertaining to flood plain management.
SECTION B.
PYIIE~_~_B~~eQ~~I~IbIIIE~_QE_IH~_EbQQQeb8I~
8M!N!~IBAIQB~
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.
t~) Review permit application to determine whether
proposed building site will be reasonable safe from
flooding.
(3) Review, approve or deny all applications for
development permits required by adoption of this ordinance.
(4) Review 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) froul wtlich prior approval is reqlliredN
(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 the necessary
interpretation.
(6) Notify, in riverine situations, adjacent communities
and the State Coordinating Agency which is the Texas Water
Commission, prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the
Federal Emergency Management Agency.
(7) Assure that the flood carrying capacity within the
altered or relocated portion of any watercourse is
maintained..
(8) When base flood elevation data has not been provided
in accordance with Article 3, Section 8, the Floodplain
Administrator shall obtain, review and reasonably utilize
any base flood elevation data and floodway data available
from a Federal, State or other source, in order to
administer the provisions of Article 5.
(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 demonstrated that
the cumulative effect of the proposed development, when
combined with all other existing and anticipated
development, will not increase the water surface elevation
of the base flood more than one foot at any point within the
community.
SECTION C.
~~B~II_eBQ~~QUB~~~
(1) Application for a Development permit shall be
presented to the Floodplain Administrator on forms furnished
by him/her and may include, but not be limited to, plans in
duplicate drawn to scale showing the location, dimensions,
and elevation of proposed landscape alterations, existing
and proposed structures, and the location of the foregoing
in relation to areas of special flood hazard. Additionally,
the following information is required:
(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 t~);
(d) Description of the extent to which any watercourse
or natural drainage will be altered or relocated as a result
of proposed development..
(e) Maintain a record of all such information In
accordance with Article 4, Section B (1).
(2) Approval or denial of a Development Permit by the
Floodplain Administrator shall be based on all of the
provisions of this ordinance and the following relevant
fact Ol"'S:
(a) The danger to life and property due to flooding or
ii:?l"'os:i.()n damagE'?';
(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 to life and property due to flooding or
ii:?'r~OSi()'i"I dama~]e;
(d) The compatibility of the proposed use with
existing and anticipated development;
(e) The safety of access to the property in times of
flood for ordinary and emergency vehicles;
(f) The cost of providing governmental services during
and after flood conditions including maintenance and repair
of streets and bridges, and public utilities and facilities
such as sewer, gas electrical and water systems;
(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'
cornpi"(,:-}heYlo"i'lE?
relationship of the
plan for that area.
p'r-'op()~,ed
use
to tt"I€.~
SECTION D.
~BBIB~~~_PBQ~EQYBE~~
(1) The Appeal Board as established by the community shall
hear and render judgement on request for variances from the
requirements of the ordinance.
(2) The Appeal Board 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) Any person or persons aggrieved by the decision of the
Appeal Board may appeal such decision in the courts of
competant jurisdiction.
(4) Ihe Floodplain Administrator shall maintain a record
of all actions involving an appeal and shall report
variances to the Federal Emergency Management Agency upon
l'..'t?q UE?:~t..
(5) Variance may be issued for the reconstruction,
rehabilitation or restoration of structures listed on the
Nation Register of Historic Places or the State Inventory of
Historic Places, without regard to the procedures set forth
in the remainder of this ordinance.
(6) 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.
(7) Upon consideration of the factors noted above and the
intent of this ordinance, the Appeal Board may attach such
conditions to the granting of variances as it deems
necessary to further the purpose and objectives of this
ordinance (Article 1, Section e).
(8) Variances shall not be issued within any designated
floodway if any increases in flood levels during the base
flood discharge would Y'esult.
(9) 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.
(b) Variance shall only be issued upon;
(i) Showing a good and sufficient cause;
( i i )
~'J 0 u 1 cI
A determination that
result in exceptional
failure to grant thE? variance
hardship to the applicant, and
(iii) A determination that the granting of d variance will
not result in increased flood heights, additional threats to
pub 1 .i. c ~:~a '1': et y, ex t 1. "",l,())''''cJ i rli::\ l'..'y pub I i c:' e:>< PE?'i"J"5E?, C 1.-' E'= a t E~
nUlsances, cause fraud on or victimization of the public, or
conflict with e:><isting 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.
(10) Variances may be issued by a community tor new
construction and substantial improvements and for other
devlopment necessary for the conduct of a functionally
dependent use provided that;
(':3 )
(i) Thf::~
at~e mE?t,
Cy" i t Fr' i i::\
i:':l,nd
out 1 i ned
i 1"!
Al,-,t i c:l. E~ Li',
!:lE'!ct i C'rl D
(1) -
(i i)
b:y I'llet hod!:;
and c'r'E~at E?
The structure or other development IS protected
that minimize flood damages during the basE'! flood
no additional threats to public safety..
ARTICLE 5.
SECTION A.
G~~~B8~_~I8~Q8BQ~L
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 effE'!cts of buoyancy;
(2) All new construction or substantial improvements shall
be constructed by methods and practices that minimize flood
c:Iamagf? ;
(3) All new construction or substantial improvements shall
be constructed with materials resistant to flood damage;
(4) All new construction or substantial improvE'!ments 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;
(b) New and replacement sanitary sewage systems shall be
designated to minimize or eliminatE'! infiltration of flood
waters into the system and discharge from the systems into
flood waters; and,
(7) On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during
f]' c'od i '(Iq.
SECT I ON B.
~e~~IEI~_~I8~Q8BQ~L
In all cH'f2c:\':; of special flood l'li:';\Z,';H'ds Wh~?t'f? ba~;e flo()d
elevation data has been provided as set forth in;
( i ) (~h't i c:l. E? 3, :~3E?Ct i Or'j B,
(ii) {-iy'ticle 1+, ~3ection B,
(iii) Article 5, Section C (4), the following prOVISIons
,';H'e l'-'E?q u i r-'ed :
(1) Residential Construction-new construction and
substantial improvements of any residential structure shall
have the lowest floor (including the 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,
~:3ecti(w'l C (1)2\., is, <;;:.atic~fied..
(2) Nonresidential Construction-new construction and
~_:' u bs t a r'lt i a 1 i m P'r"()veme:'nt,~ 0::0 f c~ r'IY cornrnet" i ca:l. 'J i ndu s t j"" i a I OJ'''
other nonresidential structure shall either have the lowest
floor (including the basement) elevated to or above the base
flood level or, together with attendent utility and sanitary
facilities, be designed so that below the base flood level
the structue 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 the 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 subject to flooding shall be designed to
automatically equalize hydostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be
cet"tif::i,E?d by a l"f.'.:~~]i~::,tet'€~d pl"()fe~;sional f2n~]in€,'f::.~t" 0\" al"cl"'litE!ct
()t'" nlef-"t Ot-' e){ cf:?f,;?d t h f::~ f 011 O\o'J i n g rn i 'i'r i rn urn Cl'~ i t et' i a :
(a) A minimum of two openings having a total net area
of not less than one square inch for every square foot of
enclosed area subject to flooding shall be provided..
(b) The bottom of all openings shall be no higher than
one foot above grade.
(c) UpE~nj,i"lgc; 111c:\Y be equ.ipPf~d w:i,th sCt'eei"IS, louve'r-'<':;,
valves, or other coverings or devices provided that they
permit the automatic entry and exit of floodwaters.
(4) Manufactured Homes-
(a) Require that all manufactured homes to be placed
within Zone A, shall be installed using methods and
practices which minimize flood damage. For the purpose 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
requirment is in addition to applicable State and local
anchoring requirements for resisting wind forces..
( b)
f:41"t iclr? :,:;,
(~ll manuf'act Ur"'E,~d
Sect i 0)", B (1).
tml () rn E~ ~:;
~:~hall
bE.~
i i"1 cornp 1 i .::;\nCf::!
with
(c) Require that all manufactured homes to be placed
or substantially improved within Zones Al-30, AH and Ae on
the community's FIRM be elevated on a permanent foundation
such that the lowest floor of the manufactured home is at or
above the base flood elevation; and be securely anchored to
an adequately anchored foundation system in accordance with
the provision of Section B (4) of this Article.
SECTION C.
~I8~QBRP~_fQB_~U~P!~I~IQ~_eBQeQ~Bb~~
(1) All subdivision proposals including manufactured home
parks and subdivisions shall be consistent with Article 1,
Sections B, C and D of this ordinance.
(2) All proposals for the development of subdivisions
including manufactured home parks and subdivisions shall
meet Development Permit requirements of Article 3, Section
C; Article 4, Section C; and the provisions or Article 5 of
this ordinance.
(3) Base flood elevation data shall be generated for
subdivision proposals and other proposed development
including 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
Arti~le 4, Section B (8) of this ordinance..
(4) All subdivision proposals including manufactured home
parks and subdivisions shall have adequate drainage provided
to reduce exposure to flood hazards.
(5) All subdivision proposals including 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.
SECTION D.
~I8~QBBQ~_EQR_BB~B~_QE_~H8bbQ~_EbQQQI~~
18Q!BH_~Q~~~1~
Located within the areas of special flood hazard
established in Artl~le 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 lowest floor (including
basement) elevated above the highest adjacent grade at least
as high as the depth number specified in feet on the
community's FIRM (at least two feet if no depth number IS
specified) ;
(2) All new construction and substantial improvements of
nonresidential structures;
(i) have the lowest floor (including basement)
elevated above the highest adjacent grade at least as high
as the depth number specified in feet on the community's
FIRM (at least two feet if no depth number is specified),
or;
(ii) together with attendant utility and sanitary
facilities be designed so that below the base flood level
the structure is watertight with walls substantially
impermeable to the passage of water and with structural
components having the 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 (1)a., are satisfied.
(4) Require within Zones AH or AD adequate drainage paths
around structures on slopes, to guide flood waters around
and away from proposed structures.
SECTION E.
EbQQQWBX~~",
Floodways-located within areas of special flood hazard
established in Article 3, Section B, 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 erOSlon potential, the following
provisions shall apply;
( 1) Enc'r"'oac::hmer'lt~" "n-'f? pr"cd"'l i bit E"d, i nc 1 u.d i n~~ f i 11, nt-?w
construction, substantial improvements and other development
~~l~~~ certification by a professional registered engineer
or architect is provided demonstrating that encroachments
shall 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)
new construction and substantial
with all applicable flood hazard
fh-,t i c 1 f:? ~:i.
,;;\bove i~s ~:;,,:\t i~::;f:i.ed, <,:\11
improvements shall comply
reduction provisions of
In the event of conflict between this ordinance and any
other ordinance of the City of Wylie, or any Federal
Regulation as supplied by the Federal Emergency Management
Administration, the more stringent regulation shall apply.
ART I CLE 0.
SECT I ON A.
PE~8b IX ,."
Any person, firm, corporation or other entity who is
found guilty of violating the terms of this ordinance shall
be deemed guilty of a misdemeanor and upon conviction of any
such violation, shall be subject to a fine not to exceed the
maximum amount permitted by State Law..
SECTION B.
~EYEBmUbIIX~,_
It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses,
and phrases of this ordinance are severable and Ir any
phrase, clause, sentence or section of this ordinance shall
be declared unconstitutional or invalid by any judgement or
decree of a court of competent jursidiction, such
unconstitutionality or invalidity shall not affect any other
remaining phrase, clause, sentence, paragraph or section of
this ordinance; and the City Council hereby declares it
would have passed the remaining portions even though it had
known the affected parts would be held unconstitutional..
SECTION C.
gE,BIIEI~AIIQ~~,
It is hereby and declared by the City Council of the
LIty of Wylie, Texas that severe flooding has occured in the
past within its jursidiction and will certainly occur within
the future; that flooding is likely to result in substantial
injury or destruction of property within its jursidiction;
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
i rnmE~d i ":it ,,-?l y"
Therefore, an emergency is hereby declared to exist,
and ttlis 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
a p pr-'o\,l <"ill..
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