Ord 1352 10/12/2021 Nat. Oceanic O f' C/
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"City of Choice"
ORDINANCE NO. 1352
AN ORDINANCE OF THE CITY.COUNCIL OF THE CITY OF CIBOLO,TEXAS,
AMENDING -CHAPTER 30, FLOODS, OF THE- CIBOLO CODE OF
ORDINANCES REGARDING FLOOD REGULATIONS BY ADOPTING THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ATLAS'14,
PRECIPITATION-FREQUENCY ATLAS OF THE UNITED STATES, VOLUME
II, VERSION 2.0: TEXAS, AND SETTING FORTH OTHER PROVISIONS
RELATED THERETO; REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
WHEREAS, Texas Water Code § 16.315 delegates the responsibility to local governments to adopt
regulations designed to minimize flood losses within the jurisdiction of said local governments resulting
from storm waters; and
WHEREAS, on September 27, 2018 the National Oceanic and Atmospheric Administration (NOAA)
published Atlas 14, Precipitation-Frequency Atlas of the United States, Volume II, Version.2.0: Texas,
that will result in changes to the rainfall,amounts,that define 100-year events; which are those-that have
a one-percent chance of happening in a given year; and
,WHEREAS,the City Council hereby finds and determines that this amendment adopting the published
NOAA Atlas 14,'Volume 11,Version 2.0: Texas is in the best interest of the public health, safety and
general welfare of the City of Cibolo ("City"); and
WHEREAS, the City Council hereby declares the intent of this amendment is to strengthen flood
regulations in order to mitigate damage from potential catastrophic rainfall events; and
WHEREAS,the adoption of.Atlas 14, Volume 11, Version 2.0: Texas shall hereby serve as the basis to. .
the application of provisions:of the Drainage Regulations in the Cibolo Design and Construction Manual .
of the Unified Development Code;=and
WHEREAS, any'Drainage Regulation in the Cibolo Design and Construction Manual of the Unified
Development Code shall comply with the standards and regulations adopted by this ordinance and any
provision in conflict shall be superseded; and
WHEREAS, the City Council hereby desires to amend its Unified Development Code to adopt the
published NOAA Atlas 14, Volume 11, Version 2.0: Texas to promote the public health, safety and
general welfare of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO,TEXAS:
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SECTION 1. That the City Council adopt the findings and recitals set forth in the preamble of
this Ordinance and.incorporates them as findings of fact.
SECTION 2. That Chapter 30, Article I, Section 30-3 (8) and (9) of the Cibolo Code of
Ordinances are added:
(8) Require new development and construction to result in no adverse impact to.surrounding
or nearby properties,which prohibits the action of one(1)property owner from adversely
impacting the rights of other property owners, as measured by increased flood peaks,
flood stage, flood velocity and erosion and sedimentation; and
(9) Ensure that all new construction is elevated sufficiently so that the minimum finished
floor elevation is at least two (2) feet above the Base Flood Elevation as established by
Atlas 14,"Vol. 11, Texas, 1.5 feet above adjacent natural ground, or one (1) foot above
top of curb, whichever is the higher elevation. Provided, however:
(a) If the Atlas 14, Vol. 11, Texas Base Flood Elevation is not available;the minimum
elevation will be two (2) feet above the effective 500-year floodplain elevation
provided in the then effective FEMA Flood Insurance Study (FIS) or best available
data.
SECTION 3. That Chapter 30, Article I, Section 30-4 (6) of the Cibolo Code of Ordinances is
added:
(6) Ensures that all new development and construction is regulated with a set of consistent
standards and criteria aimed at reducing the potential for flood losses.
SECTION 4. That Chapter 30, Article I, Section 30-5 of the Cibolo Code of Ordinances is
amended by adding a definition of"Atlas 14,Vol. 11,Texas"and revising the'definition of"Base Flood
Elevation(BFE)"to read as follows:
Atlas 14, Vol. 11, Texas means the National Oceanic and Atmospheric Administration Atlas 14,
Precipitation-Frequency Atlas of the United States, Volume 11, Version 2.0: Texas, as may be
amended from time to time.
Base Flood Elevation(BFE) is the flood elevation occurring at a given location as a result of the
occurrence of the Base Flood event(established using Atlas 14, Vol. 11, Texas).
SECTION 5. That Chapter 30,Article I of the Cibolo Code-of Ordinances is amended by adding
Section 30-13 to read as follows:
Sec. 30-13. Atlas 14,Vol. 11,Texas Adopted.
Atlas 14, Vol. 11, Texas is adopted.
SECTION 6. That Chapter 30, Article II, Section 30-43 of the Cibolo Code of Ordinances is
amended by replacing with the following:
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Sec. 30-43—Designation of the Floodplain Administrator.
The City Engineer, or his/her designee, is hereby appointed the Floodplain Administrator to
administer and implement the provisions of this Chapter and other appropriate sections of
44CFR, Part 9 (National Flood Insurance Program Regulations) pertaining to floodplain
management.
SECTION 7. That Chapter 30 Article II, Section 30-44 (c) and (d) of the Cibolo Code of
Ordinances are added:
(c) Requiring that any encroachment, including fill, new construction, . substantial
improvement, or other development within a special flood hazard area provide
compensatory floodplain storage at least equal to the amount of encroachment at a
location within the same watershed, within one-half(%) mile of the encroachment, and
within the corporate limits of the City of Cibolo;
(d) Enforcing the City's "No Adverse Impact" Floodplain Management requirements as
described in Section 30-3(8),prohibiting the action of one property owner from adversely
-impacting the rights of other property owners, as measured by increased flood peaks,
flood stage,flood velocity, and erosion and sedimentation.
SECTION 8. That Chapter 30 Article II, Section 30-45, 11. of the Cibolo Code of Ordinances
Js added:
11. The relationship of the proposed use to the City's Comprehensive Master Plan for that
area.
SECTION 9. That Chapter 30 Article II, Section 30-47 of the Cibolo Code of Ordinances is
added:
Sec. 30-47—Infrastructure Design Standards.
Design requirements for all drainage infrastructure, including storm sewers, channels, detention
facilities and other structures and facilities used to collect,convey, and store storm runoff, are
set forth in the latest approved version of the City of Cibolo's Design.Criteria Manual of the
Unified Development Code. The City's Drainage Design Standards apply to all areas regardless
of location inside or outside of a special flood hazard area.
SECTION .10. That Chapter 30, Article III, Section 30-68 (8) and (9) of the Cibolo Code of
Ordinances are added:
(8) The lowest elevation of the first floor of all structures and buildings must be constructed
at least one (1) foot above the 100-year floodplain base flood elevation shown on the
latest FIRM map panels or the latest available data provided by the City if there is no
FIRM that provides for a BFE. All public streets must be designed so that the lowest top
of curb elevation is equal to or above the 100-year floodplain elevation,or,in lieu thereof,
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the developer may provide documentation satisfactory to the City to show that the lowest.
public street top of curb elevation is not exceeded by the 100-year floodplain elevation
for more than four (4) hours. The 100-year floodplain is the 100-year water surface.
elevation. in the outfall channel, receiving stream, or .detention facility designated to
receive storm runoff from the proposed development.
(9) Any encroachment, including fill, new construction, substantial improvement, or other
development within a special flood hazard area, must provide compensatory floodplain
storage that is at least equal to the amount of encroachment at a location within the same
watershed,within one-half(%2)mile of the encroachment, and within the corporate limits
of the City. Mitigation plans that do not meet these conditions must be supported by an
engineering study and a recommendation prepared by a registered professional Engineer
and must be approved by the Floodplain Administrator.
SECTION 11. That Chapter 30 Article IV, Section 30-73 thru 30-76 of the Cibolo Code of
Ordinances are added:
Article IV.—Violations
Sec 30-73 Offense,Penalty and Culpable Mental State.
A. Penalty. It is unlawful for a person to:
1. Violate or fail to comply with a provision of this Chapter; or
2. Erect, construct or alter any structure, or place any fill material, in violation of the
detailed statement or drawing submitted and approved under this Chapter.
Any person found guilty of violating a provision of this Chapter may be punished as provided
for in Section 1-13 of The Cibolo Code of Ordinances.
B. Culpable Mental State. A violation of this Chapter requires a culpable mental state of
"intentional", "knowing" or"recklessness".
C. Continuing Violations. Each day any violation continues constitutes a separate offense.
Sec. 30-74 Inspection.
The Floodplain Administrator may inspect all premises subject to this Chapter at any time before,
during or after any new construction or substantial improvements or other development in order
to assure compliance with all provisions of the development permit and all 'flood damage
regulations.
Sec.30-75 Stop Work Orders.
Upon notice from the Floodplain Administrator that work on any building, structure,dike,bridge
or any improvement which would affect water drainage is being done contrary to the provisions
of the Chapter, or in a dangerous or unsafe manner, such work shall be immediately stopped.
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Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or
to the person doing the work, and shall state the conditions under which work may be resumed.
Where an emergency exists, no written notice shall be required to be given by the Floodplain
Administrator; provided however, written notice shall follow within 24 hours from the time oral
notice to stop is issued.
Sec. 30-76 Revocation of Permit.
The Floodplain Administrator may revoke a permit or approval issued under the provisions of
this Chapter in cases where there has been any false statement or misrepresentation as to a
material fact in the application or plans upon which the permit or approval was based.
SECTION 12. REPEALING ORDINANCES IN CONFLICT. All ordinances or parts of
ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of such
conflict.
SECTION 13. SEVERABILITY. Should any section, paragraph, sentence, clause, phrase or
word of this ordinance be declared unconstitutional or invalid for any purpose by a court of competent
jurisdiction,the remainder of this ordinance shall not be affected thereby, and to this end the provisions
of this ordinance are declared to be severable.
SECTION 14. PENALTY. Any person found guilty of violating a provision of this Chapter
may be punished as provided for Section 1-13 of The Cibolo Code of Ordinances.
SECTION 15. EFFECTIVE DATE. This Ordinance shall be effective immediately upon
publication of notice as required by law and City Charter.
PASSED AND APPROVED this day of , 2021.
i
CKS
A y Pro-Tem
ATTEST:
PEGGY CIMICS, TRMC
City Secretary
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