Ordinance 2007-37 ORDINANCE NO. 2007-37
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ORDINANCE NO. 96-1 AND CHAPTER 50, ARTICLE II, OF THE
WYLIE CODE OF ORDINANCES, AS AMENDED, TO PROVIDE
REGULATIONS REGARDING: AREAS OF SHALLOW FLOODING
(AO/AH ZONES), AND FLOOD WAYS; PROVIDING FOR A PENALTY
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that it would be advantageous and beneficial to the citizens of the
City of Wylie, Texas ("Wylie") to amend Ordinance No. 96-1 and Chapter 50, Article II, by
adding Section 50-74 and Section 50-75 to provide regulations regaxding the Standards for Areas
of Shallow Flooding (AO/AH Zones) and Flood Ways; and
WHEREAS, the City Council finds that in the best interest of the citizens of Wylie to
amend Article II, by adding Section 50-74 and Section 50-75, to provide regulations regarding
Areas of Shallow Flooding (A/O/AH ZONES), and Flood Ways.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION l: Findin s~ Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Ordinance 96-1 and Chapter 50, Article II to add Sections
50-74 and Section ~0-75. Ordinance No. 96-1 and Chapter 50, Article II as amended, to provide
regulations regarding the Standards for Areas of Shallow Flooding (AO/AH Zones) and Flood
Ways is hereby amended to add Section 50-74 and Section 50-75 as follows:
SECTION 50-74: 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 flood depths of 1 to 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;
therefore, the following provisions apply:
(1) All new construction and substantial improvements of residential structures
have the lowest floor (including basement) elevated to or above the base flood
elevation or the highest adjacent grade at least as high as the depth number
Ordinance No. 2007-37;
Amending Chapter 50, Article II
Adding Section
Standards for Areas of Shallow Flooding (AO/AH Zones) and Flood Ways Page 1
499377.v1
specified in feet on the community's FIRM (at least 2 feet if no depth number is
specified).
(2) All new construction and substantial improvements of non-residential
structures;(a) ha~e the lowest floor (including basement) elevated to or above the
base flood elevation or the highest adjacent grade at least as high as the depth
number specified in feet on the community's FIRM (at least 2 feet if no depth
number is specified), or
(b) together with attendant utility and sanitary facilities be designed so that below
the base specified flood depth in an AO Zone, or below the Base Flood Elevation
in an AH Zone, 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 are satisfied.
(4) Require within Zones AH or AO adequate drainage paths around structures on
slopes, to guide flood waters araund and away from proposed structures.
SECTION 50-75: Floodwavs
(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 l, Section 65.12, of the National
Flood Insurance Program Regulations, 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.
SECTION 3: Savin sg /Repealin~ Clause: Wylie's Flood Damage Prevention Ordinance
96-1, as amended, shall remain in full force and effect, save and except as amended by this or
any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby
repealed, but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the repeal prevent a prosecution frorn being commenced for any violation if
Ordinance No. 2007-37;
Amending Chapter 50, Article II
Adding Section
Standards for Areas of Shallow Flooding (AO/AH Zones) and Flood Ways Page 2
499377.v1
occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall
remain in full force and effect.
SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Wylie hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this
Ordinance or Ordinance No. 96-1, as amended, shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00).
Each continuing day's violation under this Ordinance shall constitute a separate offense. The
penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin
the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state
and federal law.
SECTION 6: Effective Date: This Ordinance shall become effective from and after its
adoption and publication as required by law the City Charter and by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WI'LIE, TEXAS, this 23`d day of October, 2007.
hn Mondy, Mayor
ATTESTED TO AND ~ F~~20VED AS TO FORM:
a
CORRECTLY RECORDED B,~'~'~G „ ;
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Carole Ehrlic , City Secretary ~`'~,,~~Y~ijE"'~.~~~~~Fort, City Attorneys
~ ~ ~ ~ ~X~iernathy, Roeder, Boyd & Joplin, P.C.
Date of publication in The Wylie News - October 31, 2007
Ordinance No. 2007-37;
Amending Chapter 50, Article II
Adding Section
Standards for Areas of Shallow Flooding (AO/AH Zonesl and Flood Ways Page 3
499377.v1
C8S Media, inc.
~~je ~'armer~biCle ~imeg • Murphy Monitor • The Princeton Herald • The Sachse News • THEWYLIENEWS
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STATE OF TEXAS ~ 5~
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and
having general circulation in Collin County, Texas, who being by me duly sworn, deposed and
says that the foregoing attached
City of Wylie - Ordinance No's 2007-35, 2007-36, 2007-37
was published in said newspaper on the following dates, to-wit:
October 31, 2007
~
Chad Engbrock, Publisher
~S~ ~
Subscribed and sworn before me on this, the ~ day of , 2007
to certify which witness my hand and seal of office.
-
:otPpYP~B~~ M~~T i~FA~f!
No?~ry ~t~~~ ~~?'ex~s Notary Pub ic in and for
: s;., : nny CAr~r~iaei~n ~xpir~s
Sapt~mb~r ~~to The State of Texas
My commission expires ~ ~ ~ ~
Murphy/Sachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 972-442-4318
Farmersville/Princeton Office • 101 S. Main • P.O. Box 512 • Fumersville,'I'X 75442 • 972-7£34-6397 • fax 972-782-7023
ORDINANCE NO.
2007-37
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS, AMENDING
ORDINANCE NO. 96-1
AND CHAPTER 50,
ARTICLE II, OF THE
WYLIE CODE OF
ORDINANCES, AS
AMENDED, TO PRO-
VIDE REGULATIONS
REGARDING: AREAS
OF SHALLOW FLOOD-
I~VG {AO?AH ~ZONES),
AND FLOOD WAYS;
PROVIDING FOR A
PENAI.TY. FOR THE
VIO~;A1'ION' '
O~tDINANCE; PROVID-
I1~G RE~~~~;
SAVINGS AND SEVER-
ABILITY CLAUSES;
PROVIDING FOR AN
EFFECTIVE DATE OF
THIS ORDINANCE;
AND PROVIDING FOR
THE PUBLICATION OF
THE CAPTION HERE-
OR
John Mondy, Mayor
ATTEST:
Carale Ehrlich,
City Secretary
24- l t-339-
~ 107li ~