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Thompson, Johnny-CS 920316 .. f P.O. Box 478 ? Coppell, Texas 75019 : The City With A Beautiful Future 214-462-O022 :'i March 16, 1992 Mr. Johnny Thompson 1708 East Belt Line Road Coppell, TX 75019 Re: Thomas East Addition (Longbranch Country Club) Dear Mr. Thompson: It was brought to my attention that a substantial amount of fill has been placed on the northern portion of the referenced tract of land. This portion of the property is located in a designated floodway area of the City of Coppell. The placement of this fill is in violation of the Floodplain Management Ordinance #87390. Article 5, Section B., 6.a of the ordinance states "encroachments are prohibited within designated f loodways including fill On January 24, 1992, I contacted your engineer for the site, Mr. Mike Cummings, to inform him that a substantial amount of fill had been placed on site. As of this date, the fill has not been removed from the site. This letter is written to advise you that no permits will be issued on this site until the fill has been removed and the site has been brought into compliance with the Floodplain Management Ordinance. In addition to not allowing the development of this property, the City also has the authority to issue a citation for failure to comply with this ordinance. Upon conviction, the owner of the property could be fined up to $200 for each violation and be required to correct or remove the noncompliance. It should be noted that each and every day such violation continues shall constitute a new and separate violation. Please be advised that all illegally placed fill in the floodway should be removed no later than April 14, 1992. This provides you thirty days in which to make arrangements to remove the fill. Letter to Mr. Johnny Thompson March 16, 1992 Page 2 If you should have any questions or comments concerning this, please feel free to contact us at your convenience. Sincerely, Kenneth M. Griffin, P.E. City Engineer ~MG/bd cc: Alan D. Ratliff, City Manager Larry Jackson, City Attorney Dale Jackson, Building Official JOHNTLTR General ~rovisions SBCTXOM A. Lands to WhAoh This Ordinanoe Applies This ordinance shall apply to all floodplain lands within the jurisdiction of the City whether or not the land is within an identified special flood hazards area. Provided, however, this ordinance shall apply only to projects which have not as of the effective date of this ordinance, received conditional approval from (FEMA). Projects which have already been reclaimed under a prior conditional letter of approval from (FEMA) or which have received a conditional letter of approval from (FEMA) prior to the effective date of this ordinance, shall be considered by the City solely on the basis of regulations in effect at the time of the issuance of the conditional letter of approval from (FEMA). SBCTXON B. Basis for Establishing Floodplains ~nd Speolal Flood Hasards The floodplain areas and areas of special flood hazard are identified in the scientific and engineering report entitled, w"The FlOod Insurance Study for the City of Coppell,w dated August ~1, 1980, which, with its accompanying FIRM,s and floodways, and any revisions thereto, is hereby adopted by reference and declared to be a p~_t of this ordinance. Additional master planning ~aps adopted by amendment to this ordinance and on file in the Floodplain Administrator's Office shall also be considered to be a part of this ordinance. SBCTXON C. Bstablishment or a Floodplain Development Per. it A Floodplain Development Permit shall be required for all new construction and development, including the placement of manufactured homes, within the flo~dplainmanagement areas of the City to ensure conformance with the provisions of this ordinance. 8BtvTXON D. Penalties for goncomplianoe No structure or development of land shall hereafter be constructed, located, extended, converted or altered without full .- compliance with the terms of this ordinance and other applicable October 16, 1987 - Page 18 FLOODPLAIN NANAGENENT ORDINANCE Revised Ginn, Inc. regulations. Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shal~ constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than Two Hundred Dollars ($200.00) for each violation, be required to correct or remove the noncompliance, and each and every day such violation is continued shall constitute a new and separate violation. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION B. Repealing Clause In addition to the purposes outlined in Article 1, this ordinance replaces the former City of Coppell Ordinance No. 219 with floodplain management guidelines which, except as hereinabove -- provided in Section A of this Article, repeal the former ordinance. All provisions of all other ordinances conflicting "' with the provisions of this ordinance are hereby repealed. All other ordinances and provisions of such ordinances not expressly in conflict with the provisions of this ordinance shall remain in full force and effect. SBCTION F. Abrogation and Greater Restriot~ons This ordinance is not. intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this ordinance and other ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SBCTZON G. Interpretation In the interpretation and application of this ordinance, all provisions shall be: -. 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and, 3. Deemed neither 'to limit nor repeal any other powers granted under State statutes. OcCobe- 16, 1987 - Page 19 FLOODPLAIN NANAGENE#! ORDINANCE 6. Floodways a. Encroachments are prohibited within desiimated floodways, includin~ fill, new ~onstmction, substantial improvements and other development unless cerxification by a re~.stered professional engineer is provided demonstratln.e that equal conveyance encroachments do not result in any increase in flood levels at any floodplain location and that all other provisions of this ordinance are met durin~ the occurrence of the base flood discharges. b. When a floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the 100-year floodplain until it is demonstrated that either: (1) The o-~-l-tive effect of the proposed development, will not -- increase the water surface elevation of the design base flood _. mm'e than one foot above the August, 1960, FIS, or above the -most un-rent effective Flood Insurance Study base flood elevations, whichever is less, at any point within the stream; (2} The cumulative effect of the proposed development, will not increase the water surface elevation of the design base flood at any point in the stream above that which would occur without the proposed development. · ~CTION C. Staa~ds for Subdivisions 1. ~ sulxlivision proposals, includin~ manufactured borne perks and sulxlivisions, ~ be consistent with all other eca~tio~ of tJ~s ordinance includin~ the requirements of Article 3, Article 4, and the provisions of all sections of this Article 5. 2. Base flood (includin~ desi~ base flood) elevation data shall be generated for subdivision proposals and other proposed development includin~ manufactured borne perks and subdivisions if not otherwise provided. 954 ~,~4 S: '"'" nF COPPELL..~ F:2..'.:" .... ~ICHOLS, JAC~0N, KIRK & DILLARD ~ ~ ~ ~. ~oums smCHO~ ~s~le CZ14) 9~4-~4 e~ucc ~. s~oc~o ~ 13, ~992 Coppo~, F~ NO. 393-0948 Re= ~o~8 Eas~ Add~on (~ngbFan~ Co~ C~) Dear Ken: I am .t.n z'eceip~- of your fax concerning tl~e new illegally placed fill in ~he floodway on the above property and your request Your letter to Hr. Thompson appears ~o be warranted under the Very truly yours, NICHOLS, JACKSON, KIRK & DILLARD