§ 4.2. Protection of Drainage and Creek Areas.

a.

Definitions and Methodology for Determining the Floodway Management Area (FMA). The definitions for "floodway" and "floodway fringe" shall correspond to those set forth by the Federal Emergency Management Agency (FEMA). For purposes of the National Flood Insurance Program, the concept of a floodway is used as a tool to assist the local community in the aspect of flood plain management. Under this concept, the area of the one-hundred-year flood is divided into a floodway and floodway fringe. The floodway is the channel of a stream plus any adjacent flood plain areas that must be kept free of encroachment in order that the one-hundred-year flood may be carried without substantial increases in flood heights as defined by FEMA. The area between the floodway and boundary of the one-hundred-year flood is termed the floodway fringe.

For the purposes of this Ordinance, the Floodway Management Area (FMA) will correspond to any and all special flood hazard areas indicated on the most recent FEMA Flood Insurance Rate Map (FIRM).

b.

Areas Where an FMA is Required. All drainage areas or regulated floodways as referenced on the Floodway and Flood Boundary Map (FIRM Maps) that cover the City and its extraterritorial jurisdiction shall be included in the FMA. If FEMA does not specify a floodway zone in any of the creeks or their tributaries, it shall be the developer's responsibility to establish and identify the FMA. The determination shall be made by a registered professional engineer and approved by the Public Works Director. Where improvements to a drainage area are required by other ordinances of the City for the purpose of safety or other reasons related to drainage, those ordinances shall also be observed. The FMA is intended to apply to a creek or channel which is to remain open or in its natural condition. The creek shall remain in its natural state unless improvements are permitted by the City due to the pending development of properties adjacent to or upstream of the required improvements.

c.

Ownership and Maintenance of the FMA. The area determined to be the FMA shall be designated on and part of the final plat. Approximate locations shall be shown on zoning change requests and preliminary plats. At the City's option, the FMA shall be protected by one of the following methods:

1.

Dedicated to the City of Waxahachie, at the developer's option; or

2.

Easement(s). Creeks or drainageways in tracts which have private maintenance provisions, other than single- or two-family platted lots, can be designated as the FMAs by an easement to the City on the final plat. Subdivisions with platted single-family or two-family lots may designate the FMA by easement provided there is adequate maintenance provisions, but no lots or portions of lots may be platted in the easement unless specifically allowed by the City. The area designated as FMA may be identified by a tract number; or

3.

Certain recreational uses normally associated with or adjacent to flood prone areas (no structures allowed in the FMA), such as golf courses. The uses allowed shall be in conformance with the Zoning Ordinance and approved by the Planning and Zoning Commission and City Council.

Prior to acceptance of any drainageway as an FMA by the City, the area shall be cleared of all debris. Floodway management areas dedicated to the City shall be left in a natural state except those areas designated for recreational purposes.

d.

Design Criteria. The following design criteria shall be required for development adjacent to the FMA:

1.

Adequate access must be provided along the FMA for public or private maintenance. An unobstructed area a minimum of twenty (20) feet wide with a maximum five (5) to one (5:1) slope (five feet horizontal to one foot vertical), the length of the floodway shall be provided adjacent to or within the FMA. On the opposite side of the drainage area, an unobstructed area having a minimum width of five (5) feet shall be provided.

2.

Lots in a single-family, PD single-family or duplex residential zoning district shall not be platted within the FMA. If lots back to an FMA, at least two (2) reasonable points of access to the FMA, each a minimum of twenty (20) feet in width, shall be provided. Streets and alleys may qualify as access points if designed such that they are navigable by maintenance vehicles. All areas of the FMA must be accessible from the access points. Lots used for multi-family may be platted in the FMA if the FMA is identified as an easement and is maintained as open space for use by the residents.

3.

Public streets may be approved in the FMA by the Planning and Zoning Commission and City Council (if they conform to applicable engineering standards).

4.

Public streets may be required to be constructed adjacent to some portions of the FMA to allow access for maintenance or recreational opportunities.

5.

No building sites shall be located within the floodway or flood fringe area.

6.

Alternate designs to facilitate equal or better access may be permitted if approved by the Public Works Director.

e.

Drainage areas which have been altered and are not in a natural condition can be exempted from an FMA and this Section at the discretion of the City Council and upon recommendation by the Public Works Director.

f.

Any construction within the FMA (including, but not limited to, grading, clearing, construction of utility lines, etc.) shall require issuance of a flood plain permit prior to commencement of such construction.