Adams-CS 900109 CITY OF COPPELL
FLOODPLAIN MANAGEMENT ORDINANCE *
Summary of Maintenance Provisions
1/9/90
This is a summary of the Floodplain Management Ordinance
regarding maintenance responsibilities of the Floodplain and the
jurisdiction of the Floodplain Administrator.
Citations will be given below showing a preponderance of
evidence that floodway and floodplain areas are to be mainiained
by private owners and/or owner's associations and that the purview
of the floodplain administrator is to administer the local
ordinance and federal regulation over land development and new
construction, but that the administrator is in the third party
regulatory mode and does not assume any Liability (see Section H
of Article 3 on page 28 of the attached Floodplain Management
Ordinance) on the part of the City nor Federal Agencies nor their
employees. The owner and/or the one to cause any development or
construction activities in the floodplain is the one who is to
comply to all local, State, and Federal ordinances, statutes, and
regulations.
The section will be cited and a copy of the current floodplain
management ordinance is attached. That ordinance was effective on
October 27, 1987 (the previous ordinance is attached).
Per Article Section A & B on pages 28 and 29, this ordinance
applies in all "floodplain areas" in all of the City of Coppell.
However, it only applies to "all new construction, development or
substantial improvements".
It appears that erosion and drainage control of existing or
undeveloped property is left to the local ordinances and state
laws, but those might also generally address development only, etc.
FLOODPLAIN MANAGEMENT ORDINANCE
Page 23- Paragraph 11 cites permits for "new construction or
development" only.
Page 24- Section C is for new construction and development
only, also.
SUBDIVISION ORDINANCE - APPENDIX A
#2 Developers may provide easement and ditch construction for
runoff vis a vis closed pipes.
Page 26 #3 (Language actually on page 27) Creeks shall have
maintenance done by owners association where an owner agreement has
been approved by the P & Z and City Council.
Page 27 #4a- Creeks or drainways shall not be maintained by
the City. The owners of these lots will be responsible.
Page 28 #4b- Creeks or drainways with slopes greater than 4:1
"must be maintained by a maintenance entity other than individual
lot owners".
Page 28 #(2) "shall not be maintained by the City". Creeks
and drainways with private maintenance provision other than
individual lot owners).
Page 29 ~5- City may assume maintenance if approved by the
City Council for Lake, detention and retention ponds. Easements
shall be provided to assure protection of these areas for
maintenance purposes.
City of Dallas Desiqn Manual for Storm Drainaqe Facilities
Page 27 and 28 #5- Provision for Platting/Dedication of Water
Courses and Basin with maintenance responsibility. Generally
provides for private (non-city) maintenance responsibility unless
so indicated on the subdivision plat.
SECTION H. Warning and Disclaimcr of Liability
%'he degree of flood' protection required by this ordinance is considered
reasonable for r Cg~dlato rY purposes and is based on scientific ;md
engdnccring considerations. Larger floods can and will occur on rare
occasions. Flood heights ma7 be increased by man-made or natural causes.
This ordinance does not imply that land outside the area of ultimate
developn:ent floodplains or special flood hazard areas or uses permitted
within such areas will be free from flooding or flood damages. This
ordinance shall not create liability on the part of the City, ,'my officer
or employee the~-eof or the Federal Insurance Administration or the Federal
Iimcrgency Management Agency, for any flood damages that result from
reliance on this ordinance or any administrative decision lawfully made
the~:eunder.
SECTION I. Severability
If ~y section, paragraph, clause, phrase, or provision of this ordinance
aha.Il be adjudged invalid or held unconstitutional, the sa.mc shrill not
affect the validity of this ordinance as a whole or any par~ or provision
thereof, other th,'m the part so decided to be invalid or unconstitutional;
nor shall such unco~stitutio~liW or invalidity have a~y effect on any
other ordinances or provisions of ordi. aances of the City of Coppell.
FLCGD{'LA [:{ ,".ANACE.qE:¢I' CO, D