§ 13½-25. General standards.

(a)

The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the flood insurance rate map designated in 13½-5.

(1)

Subdivision proposals. The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions):

(A)

Proposals shall be consistent with the need to minimize flood damage:

(B)

Public utilities and facilities such as sanitary sewers, storm sewers, gas, electrical, telephone, communications and water systems shall be located and constructed so as to minimize flood damage: and,

(C)

Adequate drainage shall be provided to reduce exposure to flood damage.

(2)

Encroachments.

(A)

Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless:

(i)

The applicant demonstrates 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 location, or

(ii)

The City of Eagle Pass agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant must also provides all necessary data, analyses and mapping and reimburse the City of Eagle Pass for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the City of Eagle Pass for all costs related to the final map revision.

(B)

On streams with a regulatory floodway, as shown on the flood boundary and floodway map or the flood insurance rate map adopted in section 13½-5, no new construction, substantial improvements or other development (including fill) shall be permitted unless:

(i)

A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood, or

(ii)

The City of Eagle Pass agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the City of Eagle Pass. For all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the City of Eagle Pass for all the costs related to the final map revisions.

(b)

Standards for all structures.

(1)

Anchoring.

(A)

New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

(2)

Construction materials and methods.

(A)

New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage.

(B)

New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage.

(C)

For enclosed areas below the lowest floor of a structure within Zones A1-30, AE or AH, and also Zone A if base flood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:

(i)

A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and

(ii)

The bottom of all such openings no higher than one foot above the lowest adjacent finished grade.

Openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters.

(3)

Utilities.

(A)

Machinery and equipment servicing a building must either be elevated to or above the base flood level or designed to prevent water from entering or accumulating within the components during a flood. This includes heating, ventilating, and air conditioning equipment, hot water heaters, appliances, elevator lift machinery, and electrical junction and circuit breaker boxes. When located below the base flood elevation, a professional engineer's or architect's certification of the design is required.

(B)

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood water into the system.

(C)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall.

(D)

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(c)

Residential structures (except coastal hazard areas).

(1)

The following standards, in addition to the standards in subsections 13½-25(a)(1) [subdivision proposals], and 13½-25(a)(2) [encroachments], and 13½-25(b) [standards for all structures] of this chapter, apply to structures located in areas of special flood hazard as indicated.

(A)

Within Zones A1-A30, AE and AH and also Zone A if the base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to one (1) foot above the base flood level.

(B)

Within Zone A, when no base flood elevation data are available, new and substantially improved structures shall have the lowest floor (including basement) elevated at least three (3) feet above the highest adjacent grade.

(C)

Within Zone AO, new and substantially improved structures shall 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 flood insurance rate map, enumerated in section 13½-5 (at least two (2) feet if no depth number is specified).

(D)

Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes.

(d)

Non-residential structures (except coastal high hazard areas).

(1)

The following standards apply to new and substantially improved commercial, industrial and other non-residential structures, in addition to the requirements in subsections 13½-25(a)(1) [subdivision proposals], and 13½-25(a)(2) [encroachments], and 13½-25(b) [standards for all structures] of this chapter.

(A)

Within Zones A1-A30, AE and AR, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any non-residential structure, together with attendant utility and sanitary facilities, shall either:

(i)

Have the, lowest floor, including basement or cellar, elevated to or above the base flood elevation; or

(ii)

Be flood-proofed so that the structure is watertight below base flood level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

(B)

Within Zone AO, new construction and substantial improvements of nonresidential structures shall:

(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 (2) feet if no depth number is specified), or

(ii)

Together with attendant utility and sanitary facilities, be completely flood proofed to that level to meet the floodproofing standard required by this chapter.

(C)

If the structure is to be flood proofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the requirements of this chapter, including the specific elevation (in relation to mean sea level) to which the structure is to be flood proofed.

(D)

Within Zones AR and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes.

(E)

Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three (3) feet above the highest adjacent grade.

(e)

Manufactured homes and recreational vehicles.

(1)

The following standards in addition to the standards in section 13½-25(a) [General Standards] and section 13½-25(b) [Standards for All Structures] of this chapter, apply in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard. Recreational vehicles placed on sites within Zones A1-A30, AE, AH, V1-V30, V and VE shall either:

(A)

Be on site fewer than one hundred eighty (180) consecutive days,

(B)

Be fully licensed and ready for highway use, or

(C)

Meet the requirements for manufactured homes in subsections (2) and (3) below.

A recreational vehicle is ready for highway use if wheels or jacking system, is attached to the site disconnect type utilities and security devices and has no permanently attached additions.

(2)

A manufactured home that is placed or substantially improved in Zones A1-A30, AE, AH, V1-V30 or VE that is on a site either:

(A)

Outside of an existing manufactured home park, or subdivision;

(B)

In a new manufactured hone park or subdivision as herein defined;

(C)

In an expansion to an existing manufactured home park subdivision as herein defined; or

(D)

In an existing manufactured hone park or subdivision as herein defined on which a manufactured home has incurred substantial damage as the result of a flood;

shall, within Zones A1-A30, AE, and AR, be elevated on a permanent foundation such that the lowest floor is elevated to or above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement; or, within Zones V1-V30 and VE, be elevated on a pile foundation such that the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) is elevated to or above the base flood elevation and securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

(3)

A manufactured home to be placed or substantially improved in Zone A1-A30, AE, AV, V1-V30, or VE, in an existing manufactured home park or subdivision that is not to be placed on a site which a manufactured home has incurred substantial damage shall be:

(A)

Elevated in a manner such as required in subsection 13½-25(e)(2), or

(B)

Elevated such that the manufactured home chassis is support by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement.

(4)

Within Zones A or V, when no base flood elevation data are available, new and substantially improved manufactured homes shall have the floor elevated at least three (3) feet above the highest adjacent grade.

(5)

Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the flood insurance rate map enumerated in section 13½-5 (at least two (2) feet if no depth number is specified).

(Ord. No. 05-39, § 1, 11-15-2005)