Section
General Provisions
155.01 Statutory authorization
155.02 Findings of fact
155.03 Statement of purpose
155.04 Methods of reducing flood losses
155.05 Definitions
155.06 Lands to which this chapter applies
155.07 Basis for establishing the areas of special flood hazard
155.08 Establishment of development permit
155.09 Compliance
155.10 Abrogation and greater restrictions
155.11 Interpretation
155.12 Warning and disclaimer of liability
155.13 through 155.25 Reserved
Administration and Enforcement
155.26 Designation of the Floodplain Administrator
155.27 Duties and responsibilities of the Floodplain Administrator
155.28 Permit procedures
155.29 Variance procedures
155.30 through 155.50 Reserved
Provisions for Flood Hazard Reduction
155.51 General standards
155.52 Specific standards
155.53 Standards for subdivision proposals
155.54 Standards for areas of shallow flooding (AO/AH Zones)
155.55 Floodways
155.99 Penalty
GENERAL PROVISIONS
The Legislature of the State of Texas has in the Flood Control Insurance Act, Tex. Water Code, § 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Heath, Texas does ordain as follows.
(Ord. 080902A, passed 9-2-2008; Ord. 221213A, passed 12-13-2022)
(A) The flood hazard areas of Heath, Texas 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.
(B) 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 damage.
(Ord. 080902A, passed 9-2-2008; Ord. 221213A, passed 12-13-2022)
It is the purpose of this chapter 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:
(A) Protect human life and health;
(B) Minimize expenditure of public money for costly flood control projects;
(C) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(D) Minimize prolonged business interruptions;
(E) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
(F) 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 flood blight areas; and
(G) Insure that potential buyers are notified that property is in a flood area.
(Ord. 080902A, passed 9-2-2008; Ord. 221213A, passed 12-13-2022)
In order to accomplish its purposes, this chapter uses the following methods:
(A) 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;
(B) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(C) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;
(D) Control filling, grading, dredging and other development which may increase flood damage;
(E) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.
(Ord. 080902A, passed 9-2-2008; Ord. 200825A, 8-25-2020; Ord. 221213A, passed 12-13-2022)
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