HomeMy WebLinkAbout12032015 BSC Agenda Item 3 STAFF REPORT
Business of the Building and Standards Commission
City of West University Place, Texas
AGENDA OF: December 3, 2015 DEPARTMENT OF ORIGIN: Development
Services
DATE SUBMITTED: November 30, 2015
PRESENTER: Staff
PREPARED BY: Clay Chew, CBO, CFM
City Building Official
STAFF PRESENTER:
SUBJECT: Discuss finished floor height Clay Chew, CBO, CFM
above Base Flood Elevation City Building Official
ATTACHMENTS: Ordinance Article IX Section 18-271 through 18-275. Recent rainfall
damage report, Documents from previous meetings.
STAFF SUMMARY
Background:
City Council has requested the Building and Standards Commission (BSC) to
review the finished floor requirements in relation to Base Flood Elevation (BFE).
Presently the City's ordinance requires that finished floor elevation to be at or above
BFE. Some cities require an additional 1 to 2 feet above BFE which is known as
"freeboard".
The advantages and disadvantages of requiring freeboard were discussed jointly
between the ZPC and BSC in 2006-2007. Documentation from those meetings has been
included for reference. Some of the key concerns were:
• The need for fill to elevate structures.
• The impact on drainage of surrounding properties.
• The possible impact to maximum height requirements for structures. Presently it
is 35 feet above Standard Base Level (natural grade).
• The hardships that may be created for existing structures that are substantially
improved and would be required to meet the higher finished floor elevation.
From 2012 — present, 212 new home permits have been issued. 26 of these were
built in the floodplain or 12%.
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Chapter 18- BUILDINGS AND DEVELOPMENTU
ARTICLE IX. - FLOOD DAMAGE PREVENTION
Sec. 18-271. -Statutory authorization,findings of fact, purpose and methods.
(a) Statutory authorization. The Legislature of the State of Texas has in ch. 16, subch. I, Texas Water
Code, delegated the responsibility of local governmental units to adopt regulations designed to
minimize flood losses. Therefore, the city council of the City of West University Place, Texas ("West
University Place"), does ordain as follows:
(b) Findings of fact.
(1) The flood hazard areas of West University Place 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.
(2) 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.
(c) Statement of purpose. It is the purpose of this article 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:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and development of floodprone
areas in such a manner as to minimize future flood blight areas; and
(7) Insure that potential buyers are notified that property is in a flood area.
(d) Methods of reducing flood losses. In order to accomplish its purposes, this article uses the following
methods:
(1) 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;
(2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers,
which are involved in the accommodation of floodwaters;
(4) Control filling, grading, dredging and other development which may increase flood damage;
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(5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or
which may increase flood hazards to other lands.
(Ord. No. 1849, § 1(app. A), 7-9-2007)
Sec. 18-272. - Definitions.
Unless specifically defined below, words or phrases used in this article shall be interpreted to give
them the meaning they have in common usage and to give this article its most reasonable application.
Alluvial fan flooding means flooding occurring on the surface of an alluvial fan or similar landform
which originates at the apex and is characterized by high-velocity flows; active processes of erosion,
sediment transport, and deposition; and unpredictable flow paths.
Apex means a point on an alluvial fan or similar landform below which the flow path of the major
stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
Appurtenant structure means a structure which is on the same parcel of property as the principal
structure to be insured and the use of which is incidental to the use of the principal structure.
Area of future conditions flood hazard means the land area that would be inundated by the one-
percent-annual chance (100-year)flood based on future conditions hydrology.
Area of shallow flooding means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's
Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average
depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is
unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet
flow.
Area of special flood hazard means the land in the floodplain within a community subject to a one
percent or greater chance of flooding in any given year. The area may be designated as zone A on the
Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for
publication of the FIRM, zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30,
AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V.
Base flood means the flood having a one percent chance of being equaled or exceeded in any given
year.
Base Flood Elevation (BFE) means elevation shown on the Flood Insurance Rate Map (FIRM) and
found in the accompanying Flood Insurance Study(FIS)for zones A, AE, AH, A1-A30, AR, V1-V30, or VE
that indicates the water surface elevation resulting from the flood that has a one percent chance of
equaling or exceeding that level in any given year- also called the base flood.
Basement means any area of the building having its floor subgrade (below ground level) on all sides.
Breakaway wall means a wall that is not part of the structural support of the building and is intended
through its design and construction to collapse under specific lateral loading forces, without causing
damage to the elevated portion of the building or supporting foundation system.
Critical feature means an integral and readily identifiable part of a flood protection system, without
which the flood protection provided by the entire system would be compromised.
Development means any manmade change to improved and unimproved real estate, including but
not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials.
Elevated building means, for insurance purposes, a nonbasement building, which has its lowest
elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or
columns.
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Existing construction means for the purposes of determining rates, structures for which the "start of
construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs
effective before that date. "Existing construction" may also be referred to as "existing structures."
Existing manufactured home park or subdivision means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed before the effective date of the floodplain
management regulations adopted by a community.
Expansion to an existing manufactured home park or subdivision means the preparation of additional
sites by the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including the installation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads).
Flood or Flooding means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood elevation study means an examination, evaluation and determination of flood hazards and, if
appropriate, corresponding water surface elevations, or an examination, evaluation and determination of
mudslide (i.e., mudflow) and/or flood-related erosion hazards.
Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Federal
Emergency Management Agency has delineated both the special flood hazard areas and the risk
premium zones applicable to the community.
Flood Insurance Study(FIS) see Flood Elevation Study
Floodplain or Floodprone area means any land area susceptible to being inundated by water from
any source (see definition of flooding).
Floodplain management means the operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency preparedness plans, flood
control works and floodplain management regulations.
Floodplain management regulations means zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance
and erosion control ordinance) and other applications of police power. The term describes such state or
local regulations, in any combination thereof, which provide standards for the purpose of flood damage
prevention and reduction.
Flood protection system means those physical structural works for which funds have been
authorized, appropriated, and expended and which have been constructed specifically to modify flooding
in order to reduce the extent of the area within a community subject to a "special flood hazard" and the
extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers,
dams, reservoirs, levees or dikes. These specialized flood-modifying works are those constructed in
conformance with sound engineering standards.
Floodproofing means any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
Floodway—see Regulatory Floodway.
Functionally dependent use means a use, which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. The term includes only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers, and ship building and ship
repair facilities, but does not include long-term storage or related manufacturing facilities.
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Highest adjacent grade means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Historic structure means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory or historic places in communities with historic preservation
programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior; or
b. Directly by the Secretary of the Interior in states without approved programs.
Levee means a manmade structure, usually an earthen embankment, designed and constructed in
accordance with sound engineering practices to contain, control, or divert the flow of water so as to
provide protection from temporary flooding.
Levee system means a flood protection system which consists of a levee, or levees, and associated
structures, such as closure and drainage devices, which are constructed and operated in accordance with
sound engineering practices.
Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished
or flood-resistant enclosure, usable solely for parking or vehicles, building access or storage in an area
other than a basement area is not considered a building's lowest floor; provided that such enclosure is not
built so as to render the structure in violation of the applicable non-elevation design requirement of
Section 60.3 of the National Flood Insurance Program regulations.
Manufactured home means a structure transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when connected to
the required utilities. The term "manufactured home" does not include a "recreational vehicle".
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic
Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on a community's
flood insurance rate map are referenced.
New construction means, for the purpose of determining insurance rates, structures for which the
"start of construction" commenced on or after the effective date of an initial FIRM or after December 31,
1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which the "start of construction"
commenced on or after the effective date of a floodplain management regulation adopted by a community
and includes any subsequent improvements to such structures.
New manufactured home park or subdivision means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed on or after the effective date of floodplain
management regulations adopted by a community.
Recreational vehicle means a vehicle which is:
(1) Built on a single chassis;
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(2) 400 square feet or less when measured at the largest horizontal projections;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height.
Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook,
etc.
Special flood hazard area—see Area of Special Flood Hazard.
Start of construction (for other than new construction or substantial improvements under the Coastal
Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the
building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation,
addition placement, or other improvement was within 180 days of the permit date. The actual start means
either the first placement of permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of
temporary forms; nor does it include the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial
improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other
structural part of a building, whether or not that alteration affects the external dimensions of the building.
Structure means, for floodplain management purposes, a walled and roofed building, including a gas
or liquid storage tank, that is principally above ground, as well as a manufactured home.
Substantial damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of
a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before
"start of construction" of the improvement. This term includes structures which have incurred "substantial
damage", regardless of the actual repair work performed. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions; or
(2) Any alteration of a "historic structure", provided that the alteration will not preclude the
structure's continued designation as a "historic structure."
Variance means a grant of relief by a community from the terms of a floodplain management
regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.)
Violation means the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4),
(c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation
is provided.
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum
(NGVD) of 1929, (or other datum, where specified), of floods of various magnitudes and frequencies in
the floodplains of coastal or riverine areas.
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(Ord. No. 1849, § 1(app. A), 7-9-2007)
Sec. 18-273. -General provisions.
(a) Lands to which this article applies. The ordinance shall apply to all areas of special flood hazard with
the jurisdiction of West University Place.
(b) Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified
by the Federal Emergency Management Agency in the current scientific and engineering report
entitled, "The Flood Insurance Study for Harris County, Texas and Incorporated Areas," dated June
18, 2007 (revision date), with the most effective Flood Insurance Rate Maps and/or Flood Boundary-
Floodway Maps (FIRM and/or FBFM)dated June 18, 2007 (map revised date).
(c) Establishment of development permit. A floodplain development permit shall be required to ensure
conformance with the provisions of this article.
(d) Compliance. No structure or land shall hereafter be located, altered, or have its use changed without
full compliance with the terms of this article and other applicable regulations.
(e) Abrogation and greater restrictions. This article is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However, where this article and another
ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
(f) Interpretation. In the interpretation and application of this article, 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.
(g) Warning and disclaimer or liability. The degree of flood protection required by this article is
considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. On rare occasions greater floods can and will occur and flood heights may be
increased by manmade or natural causes. This article does not imply that land outside the areas of
special flood hazards or uses permitted within such areas will be free from flooding or flood
damages. This article shall not create liability on the part of the community or any official or
employee thereof for any flood damages that result from reliance on this article or any administrative
decision lawfully made hereunder.
(Ord. No. 1849, § 1(app. A), 7-9-2007)
Sec. 18-274. -Administration.
(a) Designation of the floodplain administrator. The building official is hereby appointed the floodplain
administrator to administer and implement the provisions of this article and other appropriate
sections of 44 CFR (Emergency Management and Assistance—National Flood Insurance Program
Regulations) pertaining to floodplain management.
(b) Duties and responsibilities of the floodplain administrator. Duties and responsibilities of the floodplain
administrator shall include, but not be limited to, the following:
(1) Maintain and hold open for public inspection all records pertaining to the provisions of this
article.
(2) Review permit application to determine whether to ensure that the proposed building site
project, including the placement of manufactured homes, will be reasonably safe from flooding.
(3) Review, approve or deny all applications for development permits required by adoption of this
article.
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(4) Review permits for proposed development to assure that all necessary permits have been
obtained from those federal, state or local governmental agencies (including Section 404 of the
Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior
approval is required.
(5) Where interpretation is needed as to the exact location of the boundaries of the areas of special
flood hazards (for example, where there appears to be a conflict between a mapped boundary
and actual field conditions) the floodplain administrator shall make the necessary interpretation.
(6) Notify, in riverine situations, adjacent communities and the state coordinating agency which is
the Texas Commission on Environmental Quality(or its successor as state coordinating agency,
e.g., Texas Water Development Board), prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal Emergency Management Agency.
(7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse
is maintained.
(8) When base flood elevation data has not been provided in accordance with subsection 18-
273(b), the floodplain administrator shall obtain, review and reasonably utilize any base flood
elevation data and floodway data available from a federal, state or other source, in order to
administer the provisions of section 18-275.
(9) When a regulatory floodway has not been designated, the floodplain administrator must require
that no new construction, substantial improvements, or other development (including fill) shall
be permitted within zones A1-30 and AE on the community's FIRM, unless it is demonstrated
that the cumulative effect of the proposed development, when combined with all other existing
and anticipated development, will not increase the water surface elevation of the base flood
more than one foot at any point within the community.
(10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance
Program regulations, a community may approve certain development in zones A1-30, AE, AH,
on the community's FIRM which increases the water surface elevation of the base flood by
more than one foot, provided that the community first completes all of the provisions required by
Section 65.12.
(c) Permit procedures.
(1) Application for a floodplain development permit shall be presented to the floodplain
administrator on forms furnished by him/her and may include, but not be limited to, plans in
duplicate drawn to scale showing the location, dimensions, and elevation of proposed
landscape alterations, existing and proposed structures, including the placement of
manufactured homes, and the location of the foregoing in relation to areas of special flood
hazard. Additionally, the following information is required:
a. Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new
and substantially improved structures;
b. Elevation in relation to mean sea level to which any nonresidential structure shall be
flood proofed;
c. A certificate from a registered professional engineer or architect that the nonresidential
floodproofed structure shall meet the floodproofing criteria of subsection 18-275(b)(2);
d. Description of the extent to which any watercourse or natural drainage will be altered or
relocated as a result of proposed development;
e. Maintain a record of all such information in accordance with subsection 18-274(b)(1);
(2) Approval or denial of a floodplain development permit by the flooplain administrator shall be
based on all of the provisions of this article and the following relevant factors:
a. The danger to life and property due to flooding or erosion damage;
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b. The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner;
c. The danger that materials may be swept onto other lands to the injury of others;
d. The compatibility of the proposed use with existing and anticipated development;
e. The safety of access to the property in times of flood for ordinary and emergency vehicles;
f. The costs of providing governmental services during and after flood conditions including
maintenance and repair of streets and bridges, and public utilities and facilities such as
sewer, gas, electrical and water systems;
g. The expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site;
h. The necessity to the facility of a waterfront location, where applicable;
i. The availability of alternative locations, not subject to flooding or erosion damage, for the
proposed use.
(d) Variance procedures.
(1) The appeal board, as established by the community, shall hear and render judgment on
requests for variances from the requirements of this article.
(2) The appeal board shall hear and render judgment on an appeal only when it is alleged there is
an error in any requirement, decision, or determination made by the floodplain administrator in
the enforcement or administration of this article.
(3) Any person or persons aggrieved by the decision of the appeal board may appeal such decision
in the courts of competent jurisdiction.
(4) The floodplain administrator shall maintain a record of all actions involving an appeal and shall
report variances to the Federal Emergency Management Agency upon request.
(5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed
on the National Register of Historic Places or the State Inventory of Historic Places, without
regard to the procedures set forth in the remainder of this article.
(6) Variances may be issued for new construction and substantial improvements to be erected on a
lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing the relevant factors in subsection (c)(2) of this
section have been fully considered. As the lot size increases beyond the one-half acre, the
technical justification required for issuing the variance increases.
(7) Upon consideration of the factors noted above and the intent of this article, the appeal board
may attach such conditions to the granting of variances as it deems necessary to further the
purpose and objectives of this article (subsection 18-271(c)).
(8) Variances shall not be issued within any designated floodway if any increase in flood levels
during the base flood discharge would result.
(9) Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
(10) Prerequisites for granting variances:
a. Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
b. Variances shall only be issued upon:
(i) Showing a good and sufficient cause;
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(ii) A determination that failure to grant the variance would result in exceptional hardship
to the applicant; and
(iii) A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict with existing local
laws or ordinances.
c. Any application to which a variance is granted shall be given written notice that the
structure will be permitted to be built with the lowest floor elevation below the base flood
elevation, and that the cost of flood insurance will be commensurate with the increased risk
resulting from the reduced lowest floor elevation.
(11) Variances may be issued by a community for new construction and substantial improvements
and for other development necessary for the conduct of a functionally dependent use provided
that:
a. The criteria outlined in subsections 18-274(d)(1)—(9) are met; and
b. The structure or other development is protected by methods that minimize flood damages
during the base flood and create no additional threats to public safety.
(Ord. No. 1849, § 1(app. A), 7-9-2007)
Sec. 18-275. - Provisions for flood hazard reduction.
(a) General standards. In all areas of special flood hazards the following provisions are required for all
new construction and substantial improvements:
(1) All new construction or substantial improvements shall be designed (or modified) and
adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(2) All new construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage;
(3) All new construction or substantial improvements shall be constructed with materials resistant to
flood damage;
(4) All new construction or substantial improvements shall be constructed with electrical, heating,
ventilation, plumbing, and air conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding;
(5) All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system;
(6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system and discharge from the systems into floodwaters; and,
(7) On-site waste disposal systems shall be located to avoid impairment to them or contamination
from them during flooding.
(b) Specific standards-(AE zones). In all areas of special flood hazards where base flood elevation data
has been provided as set forth in (i) subsection 18-273(b), (ii) subsection 18-274(b)(8), or (iii)
subsection 18-275(c)(3), the following provisions are required:
(1) Residential construction. new construction and substantial improvement of any residential
structure shall have the lowest floor (including basement), elevated to or above the base flood
elevation. A registered professional engineer, architect, or land surveyor shall submit a
certification to the floodplain administrator that the standard of this subsection as proposed in
subsection 18-274(c)(1)a., is satisfied.
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(2) Nonresidential construction. new construction and substantial improvements of any commercial,
industrial or other nonresidential structure shall either have the lowest floor (including
basement) elevated to or above the base flood level or together with attendant utility and
sanitary facilities, be designed so that below the base flood level the structure is watertight with
walls substantially impermeable to the passage of water and with structural components having
the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A
registered professional engineer or architect shall develop and/or review structural design,
specifications, and plans for the construction, and shall certify that the design and methods of
construction are in accordance with accepted standards of practice as outlined in this
subsection. A record of such certification which includes the specific elevation (in relation to
mean sea level) to which such structures are floodproofed shall be maintained by the floodplain
administrator.
(3) Enclosures. new construction and substantial improvements, with fully enclosed areas below
the lowest floor that are usable solely for parking of vehicles, building access or storage in an
area other than a basement and which are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement must either be certified by a registered
professional engineer or architect or meet or exceed the following minimum criteria:
a. A minimum of two on openings se separate walls having a total net area of not less than one
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square inch for every square foot of enclosed area subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, valves, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters.
(4) Manufactured homes.
a. Require that all manufactured homes to be placed within zone A on a community's FHBM
or FIRM shall be installed using methods and practices which minimize flood damage. For
the purposes of this requirement, manufactured homes must be elevated and anchored to
resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are
not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in
addition to applicable state and local anchoring requirements for resisting wind forces.
b. Require that manufactured homes that are placed or substantially improved within zones
A1-30, AH, and AE on the community's FIRM on sites:
(i) Outside of a manufactured home park or subdivision;
(ii) In a new manufactured home park or subdivision;
(iii) In an expansion to an existing manufactured home park or subdivision; or
(iv) In an existing manufactured home park or subdivision on which a manufactured home
has incurred "substantial damage" as a result of a flood, be elevated on a permanent
foundation such that the lowest floor of the manufactured home is elevated to or
above the base flood elevation and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement.
c. Require that manufactured homes be placed or substantially improved on sites in an
existing manufactured home park or subdivision with zones A1-30, AH and AE on the
community's FIRM that are not subject to the provisions of paragraph (4) of this section be
elevated so that either:
(i) The lowest floor of the manufactured home is at or above the base flood elevation, or
(ii) The manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in height
above grade and be securely anchored to an adequately anchored foundation system
to resist flotation, collapse, and lateral movement.
Page 10
i •
(5) Recreational vehicles. Require that recreational vehicles placed on sites within zones A1-30,
AH, and AE on the community's FIRM either:
a. Be on the site for fewer than 180 consecutive days;
b. Be fully licensed and ready for highway use; or
c. Meet the permit requirements of subsection 18-274(c)(1), and the elevation and anchoring
requirements for"manufactured homes" in paragraph (4) of this section.
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to
the site only by quick disconnect type utilities and security devices, and has no permanently attached
additions.
(c) Standards for subdivision proposals.
(1) All subdivision proposals including the placement of manufactured home parks and subdivisions
shall be consistent with subsections 18-271(b), (c), and (d) of this article.
(2) All proposals for the development of subdivisions including the placement of manufactured
home parks and subdivisions shall meet floodplain development permit requirements of
subsection 18-273(c); subsection 18-274(c); and the provisions of section 18-275 of this article.
(3) Base flood elevation data shall be generated for subdivision proposals and other proposed
development including the placement of manufactured home parks and subdivisions which is
greater than 50 lots or five acres, whichever is lesser, if not otherwise provided pursuant to
subsection 18-273(b)or subsection 18-274(b)(8) of this article.
(4) All subdivision proposals including the placement of manufactured home parks and subdivisions
shall have adequate drainage provided to reduce exposure to flood hazards.
(5) All subdivision proposals including the placement of manufactured home parks and subdivisions
shall have public utilities and facilities such as sewer, gas, electrical and water systems located
and constructed to minimize or eliminate flood damage.
(d) Standards for areas of shallow flooding (AO/AH zones). Located within the areas of special flood
hazard established in subsection 18-273(b), are areas designated as shallow flooding. These areas
have special flood hazards associated with flood depths of one to three feet where a clearly defined
channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be
evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions
apply:
(1) All new construction and substantial improvements of residential structures have the lowest
floor (including basement) elevated to or above the base flood elevation or the highest adjacent
grade at least as high as the depth number specified in feet on the community's FIRM (at least
two feet if no depth number is specified).
(2) All new construction and substantial improvements of nonresidential structures:
a. Have the lowest floor (including basement) elevated to or above the base flood elevation or
the highest adjacent grade at least as high as the depth number specified in feet on the
community's FIRM (at least two feet if no depth number is specified), or
b. Together with attendant utility and sanitary facilities be designed so that below the base
specified flood depth in an AO zone, or below the base flood elevation in an AH zone, level
the structure is watertight with walls substantially impermeable to the passage of water and
with structural components having the capability of resisting hydrostatic and hydrodynamic
loads of effects of buoyancy.
(3) A registered professional engineer or architect shall submit a certification to the floodplain
administrator that the standards of this section, as proposed in subsection 18-274(c), are
satisfied.
Page 11
• S
(4) Require within zones AH or AO adequate drainage paths around structures on slopes, to guide
floodwaters around and away from proposed structures.
(e) Floodways. Located within areas of special flood hazard established in subsection 18-273(b), are
areas designated as floodways. Since the floodway is an extremely hazardous area due to the
velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following
provisions shall apply:
(1) Encroachments are prohibited, including fill, new construction, substantial improvements and
other development within the adopted regulatory floodway unless it has been demonstrated
through hydrologic and hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase in flood levels within
the community during the occurrence of the base flood discharge.
(2) If subsection 18-275(e)(1), above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of section 18-
275.
(3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance
Program Regulation, a community may permit encroachments within the adopted regulatory
floodway that would result in an increase in base flood elevations, provided that the community
first completes all of the provisions required by Section 65.12.
(f) Severability. If any section, clause, sentence, or phrase of this article is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this article.
(g) Penalties for noncompliance. No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this article and other applicable
regulations. Violation of the provisions of this article by failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with conditions) shall
constitute a misdemeanor. Any person who violates this court order or fails to comply with any of its
requirements shall upon conviction thereof be fined not more than allowed by law or imprisoned for
not more than allowed by law, or both, for each violation, and in addition shall pay all costs and
Y P Y
expenses involved in the case. Nothing herein contained shall prevent West University Place from
taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. No. 1849, § 1(app. A), 7-9-2007)
Page 12
•
Heavy Rainfall Damage Report
May 2015
3743 Albans Water in sunken Den (1945)
3840 Byron 1"- 2" water (1938)
4026 Rice Water in sunken Dining (1947)
3826 Southwestern 4" water (1952)
3642 University 1" water (1935)
October 2015
3840 Byron 2" water (1938)
3826 Southwestern 4" water (1952)
4217 Southwestern Less than 1" (1990)
3642 University 2"-4" throughout (1935)
• •
City of West University Place
• A Neighborhood City
® Recycled Paper
ZONING & PLANNING COMMISSION
BILL WATSON CONFERENCE ROOM
3800 UNIVERSITY BOULEVARD
MEETING MINUTES
July 13, 2006
MEMBERS PRESENT: Steve Brown, Jeffrey Horowitz, Beth Beloff,
Michael Silver and Mac McManus
COUNCIL: N/A
MEMBERS ABSENT: Bob Inaba and Les Albin
STAFF PRESENT: Ron Wicker, Public Works Director/ACM, Debbie
Scarcella, Chief Building Official, Andrea Brinkley,
Interim City Planner, Sallye A. Clark, Planning
Assistant and James Dougherty, City Attorney
411 Call to Order — With quorum present at 6:00 p.m., Steve Brown called the meeting to
order.
1. Minutes.
June 8, 2006: Mac McManus made a motion to approve the minutes as written.
Jeffrey Horowitz seconded. Ayes: Steve Brown, Jeffrey Horowitz, Beth Beloff,
Michael Silver and Mac McManus. Noes: none. Motion passed. Minutes approved.
2. Town Center and Commercial Areas; PDD's. Steve Brown gave an overview of
the proposed amendment, preliminary report and illustration by Bob Inaba. Jim
Dougherty, City Attorney handed out a revised page two of the QPED amendment
dated 7-13-06. After discussion, it was requested that the preliminary report be
revised (page 1, paragraph 4) add "creative approaches to" after the word stimulate
and in the second sentence replace the word "would" with "could. " Bob Inaba will
revise the illustration to add shared access and parking, people and public sidewalk
easements. ZPC also discussed Bob Inaba's Town Center power point presentation
from 2-12-2004 and the City Center redevelopment options dated 7-14-2005. It was a
consensus of ZPC that a conceptual plan should be composed and it would not be a
part of the ordinance or comprehensive plan. Steve Brown requested that this be a
two-part approach moving forward with the ordinance amendment and then the
conceptual plan. Bob Inaba, Beth Beloff and Jeffrey Horowitz will be the informal
QPED subcommittee to work on the conceptual plan to bring back to the next ZPC
regular meeting. Jim Dougherty will figure out property rights issues and types of
parking and bring back to the ZPC at the next ZPC meeting.
3. Framed Area and Related Regulations; Amendments. Jim Dougherty, City
Attorney gave an overview of the preliminary report and draft amendment relating to
front porch height dated 7-13-06. After discussion Bob Inaba made a motion to
3800 University Boulevard • West University Place, Texas 77005-28'99 • 713•668•4441 • www.westu.org
• •
Zoning &Planning Commission Minutes
July 13, 2006 Meeting
Page 2 of 2
• approve the preliminary report and to forward to City Council. Mac McManus
seconded. Ayes: Steve Brown, Jeffrey Horowitz, Beth Beloff, Michael Silver and
Mac McManus. Motion passed. ZPC requested that staff put this preliminary report
aside and wait to forward to City Council when other ordinance amendments are
ready to forward to City Council.
Jim Dougherty, City Attorney gave an over view of the preliminary report and draft
amendment relating to buildings in rear yard (Table 7-6) dated 7-13-06. It was
suggested to get the Fire Department's input on the 5-foot separation and to include it
in the summary. ZPC also suggested that Michael Ross have a separate meeting
before the Joint Public hearing to invite builders, architects and the public to get
comments for informational purposes. After discussion, Mac McManus made a
motion to approve the preliminary report and to forward to City Council. Michael
Silver seconded. Ayes: Steve Brown, Jeffrey Horowitz, Beth Beloff, Michael Silver
and Mac McManus. Motion passed. ZPC requested that staff put this preliminary
report aside and wait to forward to City Council when other ordinance amendments
are ready to forward to City Council.
Steve Brown requested for that the plate height amendments, Lot area vs. Framed
q P �
area be forwarded to next month's meeting due to time constraints and Les Albin not
being present at the meeting.
4. Environmental and "Green" Development. This item was skipped, as Bob Inaba
was not present. Steve Brown requested this item back on next month's agenda.
• 5. Topics for review for 2006 — 2007. No discussion took place for this agenda item
unless it was addressed under agenda items two or three.
6. Flood Protection and Prevention Ordinance. Debbie Scarcella gave a background
and overview of Flood Prevention and Protection. (See attached documents) and what
areas needed to be addressed with FEMA map updates. She informed ZPC what was
originally an October November 2006 deadline to have the ordinance adopted is now
January 2007. When the maps are adopted then the City has 180 days to adopt the
ordinance. Steve Brown, Chairman discussed with ZPC the items that they need to
cover in reference to this ordinance amendment (see attached document) and are as
follows: Site grade raising and drainage and Building Height. Steve requested that
ZPC read Section 18-56 before the next ZPC meeting.
Steve Brown thanked Ron Wicker for his services to the City and wished him well.
Adjournment. Beth Beloff made a motion to adjourn. Mac McManus seconded.
Ayes: Steve Brown, Jeffrey Horowitz, Beth Beloff, Michael Silver and Mac McManus.
Noes: none. Motion passed. Meeting adjourned at 8:10 p.m.
Attachments:
Preliminary report and Amendment to provide for "Qualified Pedestrian-Enhancement
Developments" or"QPED's"dated 7-13-2006
• Qualified Pedestrian—Enhanced Development Drawing by Bob Inaba
City Center Redevelopment Options dated 7-14-2005
Power point Presentation Handout on Town center by Bob Inaba dated 2-12-04
Preliminary report and Amendment relating to front porch height dated 7-13-2006
• •
Zoning &Planning Commission Minutes
July 13, 2006 Meeting
Page 3 of 3
Preliminary report and Amendment relating to buildings in rear yard (Table 7-6) dated 7-
13-2006
Amendment to add, "plate height" limit dated 5-4-06 (adds detail about roof surfaces,
dormers and gables)
Amendment to add, "plate height" limit dated 5-4-06 (alternate version using sloped
height limit)
Figure HRD Sloped Height limit in Residential Districts
Lot Area vs. Framed Area handed out by Les albino at 4-8-04 ZPC meeting
Flood Prevention and Protection city of West University Place and definitions
Issues for discussion at Joint ZPC/BSC Workshop dated June 29, 2006
Flood Protection and Prevention Issues, West University Place
PASSED THIS i 1'11 , DAY, OF s4:4.11.141 •111 / 2006.
•
Steve Brown, Presiding Officer
• II'ST:
• Sallye A. Clark, arming Assistant
II
•
ads fp -71 1310L0 ZP ►
• FLOOD PREVENTION AND PROTECTION
CITY OF WEST UNIVERSITY PLACE
The City of West University Place entered the National Flood Insurance Program(NFIP)
in 1978. A condition of participation in the NFIP is adoption and enforcement of a flood
damage prevention and protection ordinance and adoption of the most current Flood
Insurance Rate Map (FIRM). As a result of tropical storm Allison, the Harris County
Flood Control District (HCFCD) and the Federal Emergency Management Agency
(FEMA) partnered to create the Tropical Storm Allison Recovery Project(TSARP). One
of the primary goals of the project was to re-map all of the FIRM's for Harris County,
including the FIRM panels for West University Place. Preliminary maps were published
in September 2004. According the HCFCD, 250 appeals and protests were received by
FEMA during the 90-day appeal and protest period. Several complicated appeals in the
Spring and Cypress Creek watersheds caused delays in the map implementation process,
but FEMA is currently finalizing the maps and will be sending out the Letter of Final
Determination to the participating communities within the next thirty days. This means
that the participating communities will have six (6) months to change their flood
prevention and protection ordinances to reflect the new maps. According to
correspondence received from the Tropical Storm Allison Recovery Project group,
anticipated effective date of the new maps is January 2007. Once the maps are published,
• flood insurance rates and requirements will be determined based upon the new FIRM's.
The proposed new FIRM's will increase the amount of property located in the Special
Flood Hazard Area(SFHA) substantially. Under the current FIRM, only a relatively
small nine-block area (east of Poor Farm Ditch,between Mercer and Rutgers and Mercer
and Vanderbilt) is located in the SFHA, or 100-year floodplain. The preliminary FIRM's
have expanded the SFHA five blocks north to University Boulevard and east to Fordham.
Also included is a block wide strip from Riley north to Amherst, between College and
Auden. The majority of the rest of the City is located in either the Shaded X or X Zones.
The previous FIRM map only showed one cross-section where the base flood elevation
was delineated at 49'. The proposed new maps are more developed with seven cross-
sections, four where base flood elevations are delineated ranging from 47' to 50'. The
FEMA and State regulations require that all new construction and substantial
improvements to existing construction be built so that the finished floor elevation of the
structure meet or exceed the mapped base flood elevation. Several of the surrounding
communities have enacted "freeboard"requirements (higher regulatory ry standar d
standards) that
require structures to meet or exceed the base flood elevation lus increments in inches
between one and two feet.
The BSC discussed the implications of this type of regulation for West University Place
during several meetings and workshops over the past two years. The concerns they had
in enacting this type of requirement centered around the need for fill to elevate structures
and the impacts on drainage of surrounding properties, the possible impact to the
maximum height requirements for structures, and the hardships that may be created for
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• existing structures, especially the `old stock housing" that residents may want to
structurally alter, in meeting additional finished floor elevation requirements.
At the January 2006 meeting of the BSC, the members voted to recommend adoption of
the new FIRM's when published and adoption of the minimum floodplain regulations
with no higher regulatory standards until such time that a workshop with City Council
could be arranged to discuss these issues. On May 4, 2006, a joint workshop was held
with City Council and members of the BSC and ZPC to present an overview of these
issues and obtain direction from City Council in order to proceed. The joint workshop on
June 29 is to fully orient the members of both commissions as to the areas of
responsibility of each group as they pertain to flood prevention issues.
•
•
4
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Definitions
•
SUBSTANTIAL DAMAGE -means damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before
damaged condition would equal or exceed 50 percent of the market value
of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT -means any reconstruction,
rehabilitation, addition, or other improvement of a structure, the cost of
which equals or exceeds 50 percent of the market value of the structure
before "start of construction" of the improvement. This term includes
structures that have incurred "substantial damage", regardless of the
actual repair work performed. The term does not, however, include
either. (1) Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official and
which are the minimum necessary to assure safe living conditions or (2)
Any alteration of a "historic structure", provided that the alteration will
not preclude the structure's continued designation as a "historic
structure."
• NEW CONSTRUCTION -means, for the purpose of determining
insurance rates, structures for which the "start of construction"
commenced on or after the effective date of an initial FIRM or after
December 31, 1974, whichever is later, and includes any subsequent
improvements to such structures. For floodplain management
purposes, "new construction" means structures for which the "start of
construction" commenced on or after the effective date of a floodplain
management regulation adopted by a community and includes any
subsequent improvements to such structures.
LOWEST FLOOR -means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant enclosure,
usable solely for parking or vehicles, building access or storage in an
area other than a basement area is not considered a building's lowest
floor; provided that such enclosure is not built so as to render the
structure in violation of the applicable non-elevation design
requirement of Section 60.3 of the National Flood Insurance Program
regulations.
DEVELOPMENT -means any man-made change_ta_improved_anrf
• unimproved real estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation or
drilling operations or storage of equipment or materials.
I -7/01N0 atiojj-iy9
• Issues for Discussion at Joint ZPC / BSC Workshop
June 29,2006
The BSC will address the freeboard issue. The BSC will make a recommendation of
how much additional freeboard the city should require of new construction above the
BFE. The finished floor of houses built in the 100-year flood plain must be built at the
BFE elevation for that particular property, as determined with the federal FIRM maps
and the federal calculation methods. This BFE must be attached to the plans for the
house.
As a strawman proposal, the chair proposes no additional freeboard.
Some pros on this include:
• Additional freeboard above the BFE is at the builder or owner's discretion.
• The BFE will change over time as the HCFCD alters the BFE through drainage
control projects. These projects will more than likely lower the BFE from time to
time, making additional freeboard requirements moot, especially for houses built to
earlier BFE levels
• The finished floor height at the BFE will allow minimize mitigate houses from flooding
• due to a 100 year event.
• The effect on increased roof heights will be minimal.
Some cons are:
Some new houses could possibly flood,
The homeowner would not be eligible for potential lower flood insurance rates
Finally, the CBO could suggest to homebuilders and others that they make a personal
decision on what to do with respect to freeboard above the BFE on an individual case
basis.
The chair asks for an open discussion of this strawman on freeboard.
•
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• The third issue deals with under-house drainage and net fill.
The intent of the discussion on under-house drainage is to allow the soil beneath houses
built with crawl spaces to dry quickly. This in turn will minimize moisture related decay of
construction materials, prevent breeding places for mosquitoes or termites, and to meet
certain codes. This is a BSC area issue.
As a strawman position, the chair proposes that the current IBC codes be followed on
this type of construction. The code requires under-house drainage by gravity or by
artificial lift. It also requires under-house ventilation to dry out this area after raining or
flooding.
Some pros are:
The house will last longer without material decay issues to the future homeowner, and
Water will not pool for insect problems
Some cons are:
This will be an additional cost to constructing a house.
The chair would like to open this issue for discussion.
•
The second half of the issue of lot drainage concerns net fill.
This issue is believed to be a ZPC issue. The ZPC will discuss the meaning of net fill,
and the issues of driveway and garage elevations, and additions of construction related
clays for foundations.
111
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1/ •
• The fourth issue concerns existing housing. Houses built prior to the enactment of the
FIRM maps will be subject to the associated FEMA mandated rules and codes when
"substantial" modifications / repairs "alterations" and additions are made to houses with
finished floors are below the BFE.
The second half of this existing housing issue is the repair of flood damages. Repair
costs of these existing houses for flood damages is a cumulative process. The CBO is
required to track these costs by each flood-damaged house. Once the cumulative
damages exceed a certain percent value of the structure, certain actions are triggered.
The CBO has been asked to draft a summary of definitions and requirements that must
be met by those modifying an existing house that has a finished floor below the BFE.
The determination of the value of such an existing house is a major issue to determine
the compliance to this par of the FEMA mandated ordinances.
The CBO is requested to propose several valuation methods that will be allowed by the
city to determine compliance with the FEA definitions, the basis for applying the
definition of substantial, and the cumulative compliance to these rules.
The BSC will take this as a strawman position and discuss the CBO's position.
The chair would like to open this issue for discussion.
•
•
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• The chairs of the ZPC and the BSC identified several ancillary issues. These issues
more than likely fall into the jurisdiction of the BSC, however, a joint discussion is
desired by both the ZPC and the BSC.
The first issue is flooding caused to houses by drivers driving through flooded streets
creating a wake.
The BSC chair proposes a strawman proposal that the BSC works with the Police
Department to create a draft ordinance proposal allowing WUP emergency officials to
issue stop individuals driving through flooded streets over certain speeds, or no driving
including the issuance of citations. In essence to create a no wake zone during times of
flooded streets.
The second part driving through flooded streets is giving West University officials
(including Police, Fire Department and Public Works) the authority to temporarily block
certain streets during flooded conditions. The BSC will discuss this option workshop
session with the police staff.
Blocked storm sewers have been an identified a source of street flooding in the city. The
BSC will study and recommend ordinance language of a preventative nature that
formally prohibits lawn services from blowing or dumping leaves, etc. into the West U
• storm sewer system. The ordinance will also formally prohibit construction workers and
contractors from allowing dirt and mud from construction sites to remain on the streets
that can then enter the storm drains due to rainwater runoff. The CBO will discuss this
issue with her staff and propose suggested ordinance language to the BSC.
The chairs would like to open these two issues for discussion.
•
►r, -7/4fr),(6, 71,
•
Flood Protection and Prevention Issues
West University Place
Building Height
Should the maximum building height in West U be allowed to rise or float with the base
flood elevation(BFE) defined by FEMA plus any"freeboard" decided upon by City
Council?
The zoning ordinance limits the height of buildings in West University Place to a
maximum of 35 feet, with lower limits on some structures (Table 7-4b). Height is
measured from the standard base level of a site to the highest point of the structure. The
standard base level is essentially the elevation of the building site(above sea level) prior
to any filling or site preparation. The standard base level is independent of the BFE.
Concerns to be considered range from aesthetics and fairness to possible future changes
in the BFE resulting from subsidence, on the one hand, to improved drainage on the
other.
Site Grade-Raising and Drainage
What, if any, changes to building site drainage rules should]d be made?
•
In general, the city code (Sec. 18-56) requires builders to provide for adequate drainage.
The rules are intended to ensure proper drainage of the building site itself, to prevent
creation of drainage problems on neighboring sites and to avoid interference with natural
flow patterns across property lines. A drainage plan must be filed with the building
official before issuance of a building permit.
New, higher base flood elevations will probably lead to more dramatic grade raising and
greater use of pier-and-beam foundations to keep ground-floor levels above the BFE.
Updated provisions to protect neighbors and to ensure necessary drainage under raised
foundations may be needed.
. •
Building and Standards Commission/Zoning and Planning Commission
City of West University Place, Texas
3800 University Boulevard West
University Place, Texas 77005
March 1, 2007
Honorable Mayor &
Members of the City Council
City of West University Place
3800 University Boulevard
West University Place, Texas 77005-2830
Subject: Report on a directive by City Council to study the zoning and building
development regulations of the City of West University Place, Texas ("City") relating to
FLOODPLAIN REGULATIONS.
To the Honorable Mayor
& Members of City Council:
The Building & Standards Commission (BSC) and the Zoning & Planning
Commission (ZPC) of the City submits this report on the subject proposal for the
assistance of the Council as well as other interested persons.
Scope of Proposal. City Council directed the members of the BSC and the ZPC
to review and study the floodplain regulations and the preliminary revised floodplain
maps and accompanying flood insurance study and make recommendations to City
Council concerning possible amendments to the flood protection and prevention
regulations of the City.
The BSC and ZPC met jointly to discuss the preliminary revised floodplain maps
(FIRM'S) and the implications of adopting regulations to implement and enforce the FIRM's
upon receipt of the final determination letter from the Federal Emergency Management
Agency (FEMA) and notification of the effective date of the maps. To participate in the
National Flood Insurance Program (NFIP), a community must agree to manage
development in its most flood-prone areas. A community must agree to adopt and enforce
floodplain management measures that comply with the NFIP's requirements. Local
floodplain administrators are responsible for ensuring that those engaged in development
activities within the community abide by local floodplain management regulations. The
recent revisions to the floodplain maps necessitate the adoption of the latest floodplain
maps and accompanying study, as well as possible amendments to the current zoning and
building development regulations. The commissions identified several issues resulting
from the workshop discussions and agreed to divide the issues between the respective
bodies for further discussion and subsequent recommendations to City Council. The
identified issues are as follows:
CORE ISSUES
1. Should the City of West University Place adopt a"freeboard" requirement
(higher regulatory base flood elevation) for all structures located within the special
flood hazard areas?
2. Should the maximum building height directly correspond with any higher
regulatory"freeboard" requirements?
3. If a freeboard requirement is adopted, what changes to the building site
drainage regulations should be made? Should net fill on a building site be limited?
• •
If structures are elevated (such as in crawl space construction) should stricter
provisions for crawl space drainage be considered?
4. Existing structures not currently located in a special flood hazard area will be
located in such an area upon the effective date of the new maps. The existing
elevations of the structures may hinder the issuance of permits for improvements in
the future. What criteria will be used to determine if a structure can be improved, or
in some cases repaired, if located in a special flood hazard area?
ANCILLARY ISSUES
5. Other issues identified by the commissions included flooding caused by
vehicular traffic through flooded streets causing a"wake" effect, thereby causing
wave action pushing water into structures; blocked or restricted storm sewers and
storm sewer drains from blowing and/or dumping leaves, grass clippings, etc. into
the storm drains.
Recommendations:
1. Should the City of West University Place adopt a"freeboard" requirement (higher
regulatory base flood elevation) for all structures located within the special flood hazard
areas?
Based on plans pulled from the records, new structures are being built at or above
the new base flood elevations currently shown on the existing and proposed maps. The
base flood elevations did not change for currently mapped floodplain areas, but the
geographical location of the floodplain has increased. Records indicate that many
properties are already at or above base flood elevation prior to demolition of existing
structures and construction of new structures. Higher regulatory standards would impact
structures in regards to height restrictions more often than provide additional protection to
those structures. The major drainage work taking place and planned for the future on
Brae's Bayou, College Avenue and Poor Farm Ditch is expected to help in alleviating
flooding conditions and lower base flood elevations will likely result.
Recommendation: The commission members voted to recommend no increase in base
flood elevation.
2. Should the maximum building height directly correspond with any higher regulatory
"freeboard" requirements?
Based on plans submitted and input from building industry members of both
commissions, if any higher regulatory standard is imposed,the effect on the overall height
restriction of 35' will be negligible. Plate heights and roof slopes can be adjusted to
accommodate increased floor height requirements.
Recommendation: The commission members voted to recommend no change in the
maximum building heights.
3. If a"freeboard" requirement is adopted, what changes to the building site drainage
regulations should be made? Should net fill on a building site be limited? If structures are
elevated (such as in crawl space construction) should stricter provisions for crawl space
drainage be considered?
The commissioners believe that the question of fill is regulated by the
establishment of a standard base elevation prior to any grade raising or construction
activity as required in the current drainage regulations. Since grade raising affects the
finished height of a structure and all drainage must be contained within the property lines
of the building site, a limit on net fill is not necessary. Additionally, recently adopted
foundation regulations encourage the installation of crawl space and void box with deep
footing (pier) systems, both which contribute to limiting the amount of fill brought to a
building site. The Federal Emergency Management Agency has published a technical
• •
bulletin to use as a guide for the proper installation of drainage under crawl spaces. The
International Building Code and International Residential Code cite crawl space drainage
and moisture protective requirements as well.
Recommendation: The commissions recommend no changes to the building site
drainage, net fill, or crawl space drainage requirements are needed.
4. Existing structures not currently located in a special flood hazard area will be located in
such an area upon the effective date of the new maps. The existing elevations of the
structures may hinder the issuance of permits for improvements in the future. What criteria
will be used to determine if a structure can be improved, or in some cases repaired, if
located in a special flood hazard area?
As a condition of participating in the National Flood Insurance Program, which makes flood
insurance available to the residents of West University Place, the city must adopt and
enforce the minimum FEMA and state regulations for floodplain management. Part of
those regulations is rules establishing minimum standards for new construction in special
flood hazard areas (100-year floodplain). These standards also apply to structures in a
100-year floodplain that are substantially improved or substantially damaged. Substantial
improvement or damage is defined as "repair, reconstruction, or improvement of a
structure, where the cost of said improvement equals or exceeds 50% of the market value
of the structure either before the improvement started or before the damage occurred." In
order to obtain a permit for an improvement to a structure, the applicant must submit data
reflecting the market value of the structure before the improvement or damage
commenced. Due to the inverse situation of some properties in West University Place
where the property values outweigh the improvement values, structures might be required
to come into compliance based on relatively minor improvements or repairs. Some repairs
(those required by the enforcement authority for life, safety, or health reasons) are
excluded from the definition of substantial improvement.
Recommendation: The commission recommends for the purpose of determining the
value of the structure before being improved or repaired, the Harris County Appraisal
District's assessed value for the structure be used. If the applicant wishes to contest this
value an independent certified appraisal may be submitted. Upon review and concurrence
by the Floodplain Administrator, this appraised value for the structure may be used for
determining if the improvement or repair is substantial.
ANCILLARY ISSUES
The commissions also discussed ancillary issues determined to be beyond the extent of
their authority, and submit to City Council for consideration and possible future action.
1. A"no-wake" zone, which would limit the speed of vehicles through flooded
streets.
2. Regulations controlling lawn care and landscaping materials from deposit into
the storm sewers.
Respectfully Submitted,
Bryant Slimp, Chair Steve Brown, Chair
Building & Standards Commission Zoning & Planning Commission
• •
CITY COUNCIL SPECIAL AND REGULAR SESSION
MONDAY,JUNE 25,2007
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
3:00 P.M.
The City Council convened in Special and Regular Session in the Municipal Building (3800
University Blvd.) on June 25, 2007, with the following members present: Mayor Kelly presiding,
Council Members Fry, Cohen, Guffey and Talianchich. The City Manager, City Secretary, City
Attorney, Assistant City Manager/Public Works Director, Finance Director, Parks and Recreation
Director and Building Official were also present.
The notice for this meeting was posted in accordance with the Texas Government Code, Chapter
551, on the 20th day of June 2007 at 4:45 p.m.
Special Session
General Orientation and Goals and Objectives.
General orientation and the setting of goals and objectives, including: (1) City Charter, City
ordinances, and City policies and procedures (e.g., agendas, meetings, appointment procedures),
(2) roles of Council, staff, boards, commissions, committees and others, (3) Open Meetings Act,
Public Information Act and other state and federal laws and constitutions, (4) departmental
projects, programs, activities, staffs and budgets (Police, Fire, Public Works, Finance, Parks and
Administration Departments), (5) planning, zoning and other regulations, (6) City facilities and
projects (e.g., recreation facility, sidewalks, drainage improvements, infrastructure), (7) City
finances (e.g., taxes, other revenues, expenses, debt), (8) regional issues, including
intergovernmental relations, (9) Council goals and objectives, and (10) other related matters.
Finance Director Walter Thomas presented an overview and summary of the 2007 Budget.
The City Council and Staff discussed goals and objectives and agreed on the following goals:
1. Remediate Flooding and Drainage in Priority Area 2
2. Pursue Purchase and Development of Additional Park Space within target area.
3. Create plan for possible relocation or upgrade of Public Works, Police and other City
facilities.
4. Develop and implement City Wide Street Lighting Program
5. Develop plan to encourage redevelopment of the Town Center Commercial Areas.
City Council Regular and Special Session,June 25,2007
6. Develop and implement plan for Recreational Facilities, including Colonial Park and
Recreation Center.
7. Review and improve revenue stream.
8. Evaluate process of securing building permits with the goal of improving service.
9. Evaluate employee benefits in an attempt to lower costs while continuing to provide
appropriate level of benefits.
10. Develop naming rights plan for parks and recreational facilities.
3936 Marlowe Street; Weslayan Street.
Matters related to 3936 Marlowe Street (Peden property) and Weslayan Street (from Bissonnet
Street to Bellaire Boulevard), including easement or right-of-way matters, house under
construction, legal defense, permits, administrative proceedings, pending or contemplated
litigation or a settlement offer, and purchase, exchange, lease or value of real property and related
issues.
The City Council agreed to allow City Manager Michael Ross, City Secretary Kaylynn Holloway,
City Attorney Alan Petrov, Legal Counsel Charles Dippel and James Dougherty to attend the
Executive Session because their presence is necessary for the Council's consideration of the
issues.
At this point in the meeting, the Mayor publicly announced that a closed, executive session
would be held and identified the section of the Open Meetings Law under which the meeting
would be held.
Closed Executive Session to be held under Section 551.071 and Section 551.072 Texas
Government Code.
After the announcement,the City Council conducted a closed, executive session beginning at
5:15 p.m.
After the closed, executive session,the Mayor announced, in open session, that the City Council
had concluded its closed, executive session at 6:10 p.m.
Park Property.
Matters related to the purchase, exchange, lease or value of real property for park purposes.
2
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City Council Regular and Special Session,June 25,2007
At this point in the meeting, the Mayor publicly announced that a closed, executive session
would be held and identified the section of the Open Meetings Law under which the meeting
would be held.
Closed Executive Session to be held under Section 551.072 (purchase, exchange, lease or value
of real property), Texas Government Code.
The City Council agreed to allow City Manager Michael Ross, City Secretary Kaylynn Holloway,
City Attorney Alan Petrov and Legal Counsel Charles Dippel to attend the Executive Session
because their presence is necessary for the Council's consideration of the issues.
After the announcement,the City Council conducted a closed, executive session beginning at
6:10 p.m.
After the closed, executive session,the Mayor announced, in open session, that the City Council
had concluded its closed, executive session at 6:30 p.m.
Adjournment
A motion was made by Council Member Cohen, seconded by Council Member Fry,to adjourn
the Special Session.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and
Talianchich
Voting Nay: None
Absent: None
The motion passed 5-0.
Formal Session
Citizen Comments
There were not any citizens who wished to speak at this time.
Recreation Specialist.
Matters related to a Recreation Specialist Position including approval to fill the position.
Parks and Recreation Director Tim O'Connor reported that during the 2007 Budget Process, staff
requested a full-time Recreation Specialist position. Council approved the position to be filled
July 1, 2007, contingent upon City Council approval prior to the position being posted/filled.
Reasoning for the position not being approved for the full year involved waiting for the outcome
of the November 2006 Bond Election, since several Council Members felt that the scope of that
3
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City Council Regular and Special Session,June 25,2007
position might change, depending upon the Bond Election results. The primary justification for
the position involves the assuming of Community Building front-line duties, allowing for the
Administrative Manager, upgraded from Administrative Assistant on January 1, 2007, to
effectively facilitate the additional duties identified in that job description.
A motion was made by Council Member Fry, seconded by Council Member Cohen, to authorize
the City Manager to allow staff to proceed with filling the position of Recreation Specialist.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and
Talianchich
Voting Nay: None
Absent: None
The motion passed 5-0.
Salvage and Demolition.
Matters related to salvage and demolition including Ordinance No. 1848.
Mayor Kelly read the caption of Ordinance No. 1848 as follows:
An ordinance relating to salvage and demolition; amending the code of ordinances of the City of
West University Place, Texas; and containing findings and provisions relating to the subject
Copies of Ordinance No. 1848, in the form proposed for adoption, were available in the Council
Chambers.
Building Official Sean Landis reported that Ordinance No. 1848 reflects clarification of Sections
18-1 and 18-65 of the Code of Ordinances, specifically by adding the definition of"demolish"
and "demolition" and a provision to further delineate the difference in salvage and demolition.
These amendments were primarily written to control the amount of salvage occurring in
structures slated to be demolished. Currently, the ordinance requires a permit for the demolition
of any structure. The permittee is required to notify the Building Official when the work begins
and complete the work within 10 days. A permit is valid for up to 60 days.
The amendments will provide an avenue for removal or"salvage" of interior non-structural
elements provided no external changes occur. This amendment is intended as an additional tool
to keep exterior structural elements from being removed, thereby resulting in possible open and
vacant, unsecured structures, which can become an attractive nuisance.
A motion was made by Council Member Cohen, seconded by Council Member Talianchich, to
adopt Ordinance 1848 regulating Savage and Demolition on first reading.
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City Council Regular and Special Session,June 25,2007
A vote was taken on the motion with the following result:
Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and
Talianchich
Voting Nay: None
Absent: None
The motion passed 5-0.
Flood Damage Prevention and Floodplain Regulations.
Matters related to flood damage prevention and floodplain regulations including Ordinance No.
1849.
Mayor Kelly read the caption of Ordinance No. 1849 as follows:
An ordinance relating to flood damage prevention and floodplain regulations; amending the code
of ordinances of the City of West University Place, Texas; and containing findings and
provisions relating to the subject.
Copies of Ordinance No. 1849, in the form proposed for adoption, were available in the Council
Chambers.
Mr. Landis reported that the City of West University Place entered the National Flood Insurance
Program (NFIP) in 1978. A condition of participation in the NFIP is adoption of a flood damage
prevention and protection ordinance and adoption of the most current Flood Insurance Rate Map
(FIRM) and Flood Insurance Study (FIS). As a result of tropical storm Allison, revising and
remapping all of the FIRMs for Harris County, including West University Place, was
accomplished. Preliminary maps were published in September 2004 and the final maps were
published June 18, 2007. The revised FIRMs will increase the amount of property located in the
Special Flood Hazard Area(SFHA). The SFHA includes most of the properties located south of
University Boulevard between Poor Farm Ditch and Kirby Road. Additional SFHA includes a
block wide strip from Riley north to Amherst, between College and Auden.
The BSC and ZPC have discussed the possible ramifications of the expanded floodplain during
several meetings and workshops over the past three years. City Council directed the BSC and
ZPC to review and study the floodplain regulations and the revised floodplain maps and
insurance study and make recommendations for possible amendments to the flood protection and
prevention regulations of the City. Ordinance 1849 contains amendments as recommended by
the commissions. It provides for adoption of the minimum state and federal floodplain
regulations, adopts the revised FIRM's and FIS, and amends the International Residential Code,
2003 edition, to reflect the map revision date.
A motion was made by Council Member Cohen, seconded by Council Member Fry,to approve
Ordinance 1849 on first reading.
5
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City Council Regular and Special Session,June 25,2007
A vote was taken on the motion with the following result:
Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and
Talianchich
Voting Nay: None
Absent: None
The motion passed 5-0.
Comprehensive Annual Financial Report.
Matters related to the Comprehensive Annual Financial Report.
This item was withdrawn from the agenda.
HISD Lease Agreement.
Matters related to a Lease Agreement between the Houston Independent School District and the
City of West University Place in conjunction with West University Tri-Sports Association.
City Manager Michael Ross reported that in September 2005, the City approved a lease renewal
with Houston Independent School District (HISD) for the use of the tract of land at the West
University Place Elementary School site. This property is owned by HISD and the previous
agreement allowed limited use of certain portions of the property and to jointly administer the
use of the site as a licensee with West University Tri-Sports Association.
The original lease agreement has lapsed and HISD has submitted a new agreement for the City's
approval. This agreement would begin on May 1, 2007 and expire on April 30, 2012. The City
Attorney has reviewed and approved the agreement.
A motion was made by Council Member Fry, seconded by Council Member Guffey, to approve
the attached Lease Agreement between the City of West University Place and the Houston
Independent School District
A vote was taken on the motion with the following result:
Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and
Talianchich
Voting Nay: None
Absent: None
The motion passed 5-0.
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•
City Council Regular and Special Session,June 25,2007
City Council minutes.
Matters related to the minutes of the Regular and Special Session conducted on June 11, 2007.
A motion was made by Council Member Fry, seconded by Mayor Kelly,to approve the minutes
of June 11, 2007 as presented.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and
Talianchich
Voting Nay: None
Absent: None
The motion passed 5-0.
Council Reports
There were not any reports given at this time.
City Manager Report
There were not any reports given at this time.
Adjournment
A motion was made by Council Member Cohen, seconded by Council Member Fry, to adjourn
the Regular Session.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and
Talianchich
Voting Nay: None
Absent: None
The motion passed 5-0.
The City Council adjourned the Regular Session at 7:05 p.m.
7
• •
Ordinance No. 1849
AN ORDINANCE RELATING TO FLOOD DAMAGE PREVENTION AND
FLOODPLAIN REGULATIONS; AMENDING THE CODE OF ORDINANCES OF
THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the building official of the City has prepared a model ordinance
relating to flood damage prevention and floodplain regulations, which would amend the
existing regulations of the City; and
WHEREAS, a related amendment of the technical code schedule (regarding the
updated floodplain map) was reviewed by the Building & Standards Commission, which
has recommended it to the City Council; and
WHEREAS, the Council has reviewed all such amendments;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. (a) Section 18-52 and Appendix C (technical code schedule) of the
Code of Ordinances of the City of West University Place, Texas are hereby amended as
set out in Appendix A, which is attached to and made a part of this ordinance.
(b) Model flood damage prevention (floodplain) regulations are adopted, ordained
and incorporated into this ordinance by reference, as set out in Appendix B which is
attached to and made a part of this ordinance. Such regulations are also adopted and
promulgated as rules under V.T.C.A., Water Code § 16.001 et seq.
Section 2. All ordinances and parts of ordinances in conflict with this Ordinance
are repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph, section or other
part of this Ordinance or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction,
neither the remainder of this Ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this Ordinance to any other
persons or circumstances, shall be affected thereby.
Section 4. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at which
this Ordinance was discussed, considered or acted upon was given in the manner
required by the Texas Open Meetings Act, as amended, and that each such meeting
has been open to the public as required by law at all times during such discussion,
consideration and action. The City Council ratifies, approves and confirms such notices
• •
and the contents and posting thereof.
Section 5. This Ordinance shall take effect immediately, except for those
provisions imposing a criminal penalty, which shall take effect on the tenth day following
publication, as provided in the City Charter ("Penalty Effective Date"). Criminal
penalties in this ordinance shall apply to offenses committed on or after the Penalty
Effective Date, and, for this purpose, an offense is committed on or after the Penalty
Effective Date if any element of the offense occurs on or after the Penalty Effective
Date. Other offenses are covered by the ordinances in effect at the time, and such
ordinances are continue in effect for purpose.
AP:ASSED, APPROVED AND ADOPTED ON FIRST READING on
, 2007.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
PASSED, APPROVED AND ADOPTED ON SECOND AND FINAL READING
AND SIGNED on 9 , 2007.
Council emb rs Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Attest: rsik; CJ� � Signed:
y ecretary (Seal•° Ma or
Recommended: �1i� q
City Man.ger
Approved as to legal for -�
City Attorney
Prepared by James L. Dougherty, Jr.
• •
Appendix A
Amend Section 18-52 as follows:
Sec. 18-52. Technical Codes; Floodplain Regulations Adopted.
(a) Technical and"Internclional" Codes. The standard technical codes (including new
"International Codes")described in the standard technical codes schedule are adopted, ordained
and incorporated into this chapter by reference, but subject to the exceptions and amendments
stated in standard codeahat schedule. Exceptions: The International Plumbing Code,
International Fuel Gas Code, International Fire Code and National Electrical Code are adopted as
part of other chapters of this Code(e.g., chapter 26, 30 or 62).
(h) Floodplain Regulations. The standard state promulgatedModel flood damage
prevention(floodplain) regulations are adopted, ordained and incorporated into this chapter by
reference, as set out in appendix A-B of city Ordinance No.X1849, passed and approved lu e
2000July 9. 2007 (and such regulations are also adopted and promulgated as rules under
V.T.C.A., Water Code § 16.001 et seq.).
Amend Appendix C (technical codes schedule) so that Table R301.2(1) of the
International Residential Code shall read as follows:
Table R301.2(1).Climatic and Geographical Design Criteria
Ground snow load: 0 Air freezing index: 50 BF days
Wind speed(mph): 1 1 0 Mean annual temperature: 68°F
Seismic design category: A Subject to damage from weathering: Negligible
Winter design temperature: 32°F Frost line: 6"
Ice shield underlayment: Not required Termite: Very heavy
Flood hazards: Map effective date:April 2000iune 18. Decay: Mod.to severe
2007 (map revised date)
• •
Appendix B
60.3(d)
FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE I
STATUTORY AUTHORIZATION,FINDINGS OF FACT,PURPOSE AND METHODS
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of Texas has in Chapter 16, Subchapter I, Texas
Water Code, delegated the responsibility of local governmental units to adopt
regulations designed to minimize flood losses. Therefore, the City Council of
the City of West University Place, Texas ("West University Place"), does ordain
as follows:
SECTION B. FINDINGS OF FACT
(1) The flood hazard areas of West University Place 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.
(2) 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.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance 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:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated withflooding
and generally undertaken at the expense of the general public;
• •
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets and bridges located in
floodplains;
(6) Help maintain a stable tax base by providing for the sound use
anddevelopment of flood-prone areas in such a manner as to minimize future
flood blight areas; and
(7) Insure that potential buyers are notified that property is in a flood area.
SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance uses the following methods:
(1) 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;
(2) Require that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial
construction;
(3) Control the alteration of natural floodplains, stream channels, and
natural protective barriers, which are involved in the accommodation of flood
waters;
(4) Control filling, grading, dredging and other development which may
increase flood damage;
(5) Prevent or regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards to other
lands.
ARTICLE 2
DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall
be interpreted to give them the meaning they have in common usage and to
give this ordinance its most reasonable application.
• •
ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an
alluvial fan or similar landform which originates at the apex and is
characterized by high-velocity flows; active processes of erosion, sediment
transport, and deposition; and unpredictable flow paths.
APEX - means a point on an alluvial fan or similar landform below which the
flow path of the major stream that formed the fan becomes unpredictable and
alluvial fan flooding can occur.
APPURTENANT STRUCTURE - means a structure which is on the same parcel
of property as the principal structure to be insured and the use of which is
incidental to the use of the principal structure.
AREA OF FUTURE CONDITIONS FLOOD HAZARD - means the land area that
would be inundated by the 1-percent-annual chance (100 year) flood based on
future conditions hydrology.
AREA OF SHALLOW FLOODING - means a designated AC), AH, AR/AO,
AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a
I percent or greater annual chance of flooding to an average depth of 1 to 3 feet
where a clearly defined channel does not exist, where the path of flooding is
unpredictable and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a
community subject to a 1 percent or greater chance of flooding in any given
year. The area may be designated as Zone A on the Flood Hazard Boundary
Map (FHBM). After detailed rate making has been completed in preparation for
publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, Al-30,
AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V.
BASE FLOOD - means the flood having a 1 percent chance of being equaled or
exceeded in any given year.
BASE FLOOD ELEVATION (BFE) -The elevation shown on the Flood Insurance
Rate Map (FIRM) and found in the accompanying Flood Insurance Study(FIS) for
Zones A,AE,AH, Al-A30, AR, V1-V30, or VE that indicates the water surface
elevation resulting from the flood that has a 1% chance of equaling or exceeding that
level in any given year- also called the Base Flood.
BASEMENT - means any area of the building having its floor subgrade (below
ground level) on all sides.
BREAKAWAY WALL - means a wall that is not part of the structural support
of the building and is intended through its design and construction to collapse
• •
under specific lateral loading forces, without causing damage to the elevated
portion of the building or supporting foundation system.
CRITICAL FEATURE - means an integral and readily identifiable part of a
flood protection system, without which the flood protection provided by the
entire system would be compromised.
DEVELOPMENT - means any man-made change to improved and unimproved
real estate, including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations or storage of
equipment or materials.
ELEVATED BUILDING - means, for insurance purposes, a non-basement
building, which has its lowest elevated floor, raised above ground level by
foundation walls, shear walls, posts, piers, pilings, or columns.
EXISTING CONSTRUCTION - means for the purposes of determining rates,
structures for which the "start of construction" commenced before the effective
date of the FIRM or before January 1, 1975, for FIRMs effective before that
date. "Existing construction" may also be referred to as "existing structures."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a
manufactured home park or subdivision for which the construction of facilities
for servicing the lots on which the manufactured homes are to be affixed
(including, at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) is
completed before the effective date of the floodplain management regulations
adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR
SUBDIVISION - means the preparation of additional sites by the construction
of facilities for servicing the lots on which the manufactured homes are to be
affixed (including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
FLOOD OR FLOODING - means a general and temporary condition of partial
or complete inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters.
(2) the unusual and rapid accumulation or runoff of surface waters from
any source.
FLOOD ELEVATION STUDY - means an examination, evaluation and
determination of flood hazards and, if appropriate, corresponding water surface
elevations, or an examination, evaluation and determination of mudslide (i.e.,
mudflow) and/or flood-related erosion hazards.
•
FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a
community, on which the Federal Emergency Management Agency has
delineated both the special flood hazard areas and the risk premium zones
applicable to the community.
FLOOD INSURANCE STUDY (FIS) - see Flood Elevation.Study
FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to
being inundated by water from any source (see definition of flooding).
FLOODPLAIN MANAGEMENT - means the operation of an overall program of
corrective and preventive measures for reducing flood damage, including but
not limited to emergency preparedness plans, flood control works and
floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose
ordinances (such as a floodplain ordinance, grading ordinance and erosion
control ordinance) and other applications of police power. The term describes
such state or local regulations, in any combination thereof, which provide
standards for the purpose of flood damage prevention and reduction.
FLOOD PROTECTION SYSTEM - means those physical structural works for
which funds have been authorized, appropriated, and expended and which
have been constructed specifically to modify flooding in order to reduce the
extent of the area within a community subject to a "special flood hazard" and
the extent of the depths of associated flooding. Such a system typically
includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These
specialized flood modifying works are those constructed in conformance with
sound engineering standards.
FLOOD PROOFING - means any combination of structural and non-structural
additions, chan g es, or adjustments to structures res which reduce or eliminate
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOODWAY- see Regulatory Floodway
FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its
intended purpose unless it is located or carried out in close proximity to water.
The term includes only docking facilities, port facilities that are necessary for
the loading and unloading of cargo or passengers, and ship building and ship
repair facilities, but does not include long-term storage or related
manufacturing facilities.
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HIGHEST ADJACENT GRADE - means the highest natural elevation of the
ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE - means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on
the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
(3) Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the Secretary of
the Interior; or
(4) Individually listed on a local inventory or historic places in
communities with historic preservation programs that have been certified
either:
(a) By an approved state program as determined by the Secretary of
the Interior or;
(b) Directly by the Secretary of the Interior in states without approved
programs.
LEVEE - means a man-made structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering practices to
contain, control, or divert the flow of water so as to provide protection from
temporary flooding.
LEVEE SYSTEM - means a flood protection system which consists of a levee,
or levees, and associated structures, such as closure and drainage devices,
which are constructed and operated in accordance with sound engineering
practices.
LOWEST FLOOR - means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant enclosure, usable solely
for parking or vehicles, building access or storage in an area other than a
basement area is not considered a building's lowest floor; provided that such
enclosure is not built so as to render the structure in violation of the applicable
non-elevation design requirement of Section 60.3 of the National Flood
Insurance Program regulations.
• S
MANUFACTURED HOME - means a structure transportable in one or more
sections, which is built on a permanent chassis and is designed for use with or
without a permanent foundation when connected to the required utilities. The
term "manufactured home" does not include a "recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or
contiguous parcels) of land divided into two or more manufactured home lots
for rent or sale.
MEAN SEA LEVEL - means, for purposes of the National Flood Insurance
Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other
datum, to which base flood elevations shown on a community's Flood
Insurance Rate Map are referenced.
NEW CONSTRUCTION - means, for the purpose of determining insurance
rates, structures for which the "start of construction" commenced on or after
the effective date of an initial FIRM or after December 31, 1974, whichever is
later, and includes any subsequent improvements to such structures. For
floodplain management purposes, "new construction" means structures for
which the "start of construction" commenced on or after the effective date of a
floodplain management regulation adopted by a community and includes any
subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a
manufactured home park or subdivision for which the construction of facilities
for servicing the lots on which the manufactured homes are to be affixed
(including at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) is
completed on or after the effective date of floodplain management regulations
adopted by a community.
RECREATIONAL VEHICLE - means a vehicle which is (1) built on a single
chassis; (ii) 400 square feet or less when measured at the largest horizontal
projections; (iii) designed to be self-propelled or permanently towable by a light
duty truck; and (iv) designed primarily not for use as a permanent dwelling but
as temporary or living quarters for recreational, camping, travel, or seasonal use.
P gq
REGULATORY FLOODWAY - means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface
elevation more than a designated height.
RIVERINE - means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
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SPECIAL FLOOD HAZARD AREA- see Area of Special Flood Hazard
START OF CONSTRUCTION - (fox- other than new construction or substantial
improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)),
includes substantial improvement and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition placement, or other improvement was within 180 days
of the permit date. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such
as clearing, grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for basement, footings, piers
or foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds
not occupied as dwelling units or not part of the main structure. For a
substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external dimensions of the building.
STRUCTURE - means, for floodplain management purposes, a walled and
roofed building, including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE - means damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before damaged
condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation,
addition, or other improvement of a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure before "start of
construction" of the improvement. This term includes structures which have
incurred "substantial damage", regardless of the actual repair work performed.
The term does not, however, include either: (1) Any project for improvement of
a structure to correct existing violations of state or local health, sanitary, or
safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living
conditions or (2) Any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued designation as a "historic
structure."
VARIANCE - means a grant of relief by a community from the terms of a
floodplain management regulation. (For full requirements see Section 60.6 of
the National Flood Insurance Program regulations.)
i •
VIOLATION - means the failure of a structure or other development to be fully
compliant with the community's floodplain management regulations. A
structure or other development without the elevation certificate, other
certifications, or other evidence of compliance required in Section 60.3(b)(5),
(c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until
such time as that documentation is provided.
WATER SURFACE ELEVATION - means the height, in relation to the National
Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of
floods of various magnitudes and frequencies in the floodplains of coastal or
riverine areas.
ARTICLE 3
GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall apply to all areas of special flood hazard with the
jurisdiction of West University Place.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD
The areas of special flood hazard identified by the Federal Emergency
Management Agency in the current scientific and engineering report entitled,
"The Flood Insurance Study for Harris County. Texas and Incorporated Areas,"
dated June 18, 2007 (revision date), with the most effective Flood Insurance
Rate Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM) dated
June 18, 2007 (map revised date).
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Floodplain Development Permit shall be required to ensure conformance with
the provisions of this ordinance.
SECTION D. COMPLIANCE
No structure or land shall hereafter be located, altered, or have its use changed
without full compliance with the terms of this ordinance and other applicable
regulations.
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SECTION E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this ordinance
and another ordinance, easement, covenant, or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
SECTION F. 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.
SECTION G. WARNING AND DISCLAIMER OR LIABILITY
The degree of flood protection required by this ordinance is considered
reasonable for regulatory purposes and is based on scientific and engineering
considerations. On rare occasions greater floods can and will occur and flood
heights may be increased by man-made or natural causes. This ordinance
does not imply that land outside the areas of special flood hazards 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 community or any official
or employee thereof for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made hereunder.
ARTICLE 4
ADMINISTRATION
SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The Building Official is hereby appointed the Floodplain Administrator to
administer and implement the provisions of this ordinance and other
appropriate sections of 44 CFR (Emergency Management and Assistance -
National Flood Insurance Program Regulations) pertaining to floodplain
management.
SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN
ADMINISTRATOR
Duties and responsibilities of the Floodplain Administrator shall include, but
not be limited to, the following:
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(1) Maintain and hold open for public inspection all records pertaining to
the provisions of this ordinance.
(2) Review permit application to determine whether to ensure that the
proposed building site project, including the placement of manufactured
homes, will be reasonably safe from flooding.
(3) Review, approve or deny all applications for development permits
required by adoption of this ordinance.
(4) Review permits for proposed development to assure that all necessary
permits have been obtained from those Federal, State or local governmental
agencies (including Section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.
(5) Where interpretation is needed as to the exact location of the
boundaries of the areas of special flood hazards (for example, where there
appears to be a conflict between a mapped boundary and actual field
conditions) the Floodplain Administrator shall make the necessary
interpretation.
(6) Notify, in riverine situations, adjacent communities and the State
Coordinating Agency which is the Texas Commission on Environmental Quality
(or its successor as State Coordinating Agency, e.g., Texas Water Development
Board), prior to any alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Emergency Management Agency.
(7) Assure that the flood carrying capacity within the altered or relocated
portion of any watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance
with Article 3, Section B, the Floodplain Administrator shall obtain, review and
reasonably utilize any base flood elevation data and floodway data available
from a Federal, State or other source, in order to administer the provisions of
Article 5.
(9) When a regulatory floodway has not been designated, the Floodplain
Administrator must require that no new construction, substantial
improvements, or other development (including fill) shall be permitted within
Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that
the cumulative effect of the proposed development, when combined with all
other existing and anticipated development, will not increase the water surface
elevation of the base flood more than one foot at any point within the
community.
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(10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the
National Flood Insurance Program regulations, a community may approve
certain development in Zones A1-30, AE, AH, on the community's FIRM which
increases the water surface elevation of the base flood by more than 1 foot,
provided that the community first completes all of the provisions required by
Section 65.12.
SECTION C. PERMIT PROCEDURES
(1) Application for a Floodplain Development Permit shall be presented to
the Floodplain Administrator on forms furnished by him/her and may include,
but not be limited to, plans in duplicate drawn to scale showing the location,
dimensions, and elevation of proposed landscape alterations, existing and
proposed structures, including the placement of manufactured homes, and the
location of the foregoing in relation to areas of special flood hazard.
Additionally, the following information is required:
(a) Elevation (in relation to mean sea level), of the lowest floor
(including basement) of all new and substantially improved structures;
(b) Elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed;
(c) A certificate from a registered professional engineer or architect
that the nonresidential floodproofed structure shall meet the floodproofing
criteria of Article 5, Section B (2);
(d) Description of the extent to which any watercourse or natural
drainage will be altered or relocated as a result of proposed development;
(e) Maintain a record of all such information in accordance with
Article 4, Section (B)(1);
(2) Approval or denial of a Floodplain Development Permit by the Flooplain
Administrator shall be based on all of the provisions of this ordinance and the
following relevant factors:
(a) The danger to life and property due to flooding or erosion damage;
(b) The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(c) The danger that materials may be swept onto other lands to the
injury of others;
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(d) The compatibility of the proposed use with existing and anticipated
development;
(e) The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(f) The costs of providing governmental services during and after flood
conditions including maintenance and repair of streets and bridges, and public
utilities and facilities such as sewer, gas, electrical and water systems;
(g) The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site;
(h) The necessity to the facility of a waterfront location, where
applicable;
(i) The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use.
SECTION D. VARIANCE PROCEDURES
(1) The Appeal Board, as established by the community, shall hear and
render judgment on requests for variances from the requirements of this
ordinance.
(2) The Appeal Board shall hear and render judgment on an appeal only
when it is alleged there is an error in any requirement, decision, or
determination made by the Floodplain Administrator in the enforcement or
administration of this ordinance.
(3) Any person or persons aggrieved by the decision of the Appeal Board
may appeal such decision in the courts of competent jurisdiction.
(4) The Floodplain Administrator shall maintain a record of all actions
involving an appeal and shall report variances to the Federal Emergency
Management Agency upon request.
(5) Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic Places or the
State Inventory of Historic Places, without regard to the procedures set forth in
the remainder of this ordinance.
(6) Variances may be issued for new construction and substantial
improvements to be erected on a lot of 1/2 acre or less in size contiguous to
and surrounded by lots with existing structures constructed below the base
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flood level, providing the relevant factors in Section C (2) of this Article have
been fully considered. As the lot size increases beyond the 1/2 acre, the
technical justification required for issuing the variance increases.
(7) Upon consideration of the factors noted above and the intent of this
ordinance, the Appeal Board may attach such conditions to the granting of
variances as it deems necessary to further the purpose and objectives of this
ordinance (Article 1, Section C).
(8) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(9) Variances may be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or rehabilitation will
not preclude the structure's continued designation as a historic structure and
the variance is the minimum necessary to preserve the historic character and
design of the structure.
[10) Prerequisites for granting variances:
(a) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to afford
relief.
(b) Variances shall only be issued upon: (i) showing a good and
sufficient cause; (ii) a determination that failure to grant the variance would
result in exceptional hardship to the applicant, and (iii) a determination that
the granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public, or conflict with existing local laws or
ordinances.
(c) Any application to which a variance is granted shall be given
written notice that the structure will be permitted to be built with the lowest
floor elevation below the base flood elevation, and that the cost of flood
insurance will be commensurate with the increased risk resulting from the
reduced lowest floor elevation.
(11) Variances may be issued by a community for new construction and
substantial improvements and for other development necessary for the conduct
of a functionally dependent use provided that (i) the criteria outlined in Article
4, Section D (1)-(9) are met, and (ii) the structure or other development is
protected by methods that minimize flood damages during the base flood and
create no additional threats to public safety.
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ARTICLE 5
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
In all areas of special flood hazards the following provisions are required for all
new construction and substantial improvements:
(1) All new construction or substantial improvements shall be designed (or
modified) and adequately anchored to prevent flotation, collapse or lateral
movement of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy;
(2) All new construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage;
(3) All new construction or substantial improvements shall be constructed
with materials resistant to flood damage;
(4) All new construction or substantial improvements shall be constructed
with electrical, heating, ventilation, plumbing, and air conditioning equipment
and other service facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during conditions
of flooding;
(5) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the system and discharge
from the systems into flood waters; and,
(7) On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
SECTION B. SPECIFIC STANDARDS-(AE Zones)
In all areas of special flood hazards where base flood elevation data has been
provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B (8), or (iii)
Article 5, Section C (3), the following provisions are required:
(1) Residential Construction - new construction and substantial
improvement of any residential structure shall have the lowest floor (including
basement), elevated to or above the base flood elevation. A registered
professional engineer, architect, or land surveyor shall submit a certification to
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the Floodplain Administrator that the standard of this subsection as proposed
in Article 4, Section C (1) a., is satisfied.
(2) Nonresidential Construction - new construction and substantial
improvements of any commercial, industrial or other nonresidential structure
shall either have the lowest floor (including basement) elevated to or above the
base flood level or together with attendant utility and sanitary facilities, be
designed so that below the base flood level the structure is watertight with
walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy. A registered professional engineer or architect
shall develop and/or review structural design, specifications, and plans for the
construction, and shall certify that the design and methods of construction are
in accordance with accepted standards of practice as outlined in this
subsection. A record of such certification which includes the specific elevation
(in relation to mean sea level) to which such structures are floodproofed shall
be maintained by the Floodplain Administrator.
(3) Enclosures - new construction and substantial improvements, with
fully enclosed areas below the lowest floor that are usable solely for parking of
vehicles, building access or storage in an area other than a basement and
which are subject to flooding shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or meet or exceed the following
minimum criteria:
(a) A minimum of two openings on separate walls having a total net
area of not less than 1 square inch for every square foot of enclosed area
subject to flooding shall be provided.
(b) The bottom of all openings shall be no higher than 1 foot above
grade.
(c) Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry and exit of
floodwaters.
(4) Manufactured Homes -
(a) Require that all manufactured homes to be placed within Zone A
on a community's FHBM or FIRM shall be installed using methods and
practices which minimize flood damage. For the purposes of this requirement,
manufactured homes must be elevated and anchored to resist flotation,
collapse, or lateral movement. Methods of anchoring may include, but are not
limited to, use of over-the-top or frame ties to ground anchors. This
• •
requirement is in addition to applicable State and local anchoring requirements
for resisting wind forces.
(b) Require that manufactured homes that are placed or substantially
improved within Zones Al-30, AH, and AE on the community's FIRM on sites (i)
outside of a manufactured home park or subdivision, (ii) in a new
manufactured home park or subdivision, (iii) in an expansion to an existing
manufactured home park or subdivision, or (iv) in an existing manufactured
home park or subdivision on which a manufactured home has incurred
"substantial damage" as a result of a flood, be elevated on a permanent
foundation such that the lowest floor of the manufactured home is elevated to
or above the base flood elevation and be securely anchored to an adequately
anchored foundation system to resist flotation, collapse, and lateral movement.
(c) Require that manufactured homes be placed or substantially
improved on sites in an existing manufactured home park or subdivision with
Zones Al-30, AH and AE on the community's FIRM that are not subject to the
provisions of paragraph (4) of this section be elevated so that either:
(i) the lowest floor of the manufactured home is at or above the
base flood elevation, or
(ii) the manufactured home chassis is supported by reinforced
piers or other foundation elements of at least equivalent strength that are no
less than 36 inches in height above grade and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse, and lateral
movement.
(5) Recreational Vehicles - Require that recreational vehicles placed on
sites within Zones A1-30, AH, and AE on the community's FIRM either (i) be on
the site for fewer than 180 consecutive days, or (ii) be fully licensed and ready
for highway use, or (iii) meet the permit requirements of Article 4, Section C (1),
and the elevation and anchoring requirements for "manufactured homes" in
paragraph (4) of this section. A recreational vehicle is ready for highway use if
it is on its wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices, and has no permanently
attached additions.
SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals including the placement of manufactured
home parks and subdivisions shall be consistent with Article 1, Sections B, C,
and D of this ordinance.
(2) All proposals for the development of subdivisions including the
placement of manufactured home parks and subdivisions shall meet
Floodplain Development Permit requirements of Article 3, Section C; Article 4,
Section C; and the provisions of Article 5 of this ordinance.
(3) Base flood elevation data shall be generated for subdivision proposals
and other proposed development including the placement of manufactured
home parks and subdivisions which is greater than 50 lots or 5 acres,
whichever is lesser, if not otherwise provided pursuant to Article 3, Section B
or Article 4, Section B (8) of this ordinance.
(4) All subdivision proposals including the placement of manufactured
home parks and subdivisions shall have adequate drainage provided to reduce
exposure to flood hazards.
(5) All subdivision proposals including the placement of manufactured
home parks and subdivisions shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to minimize or
eliminate flood damage.
SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH
ZONES)
Located within the areas of special flood hazard established in Article 3,
Section B, are areas designated as shallow flooding. These areas have special
flood hazards associated with flood depths of 1 to 3 feet where a clearly defined
channel does not exist, where the path of flooding is unpredictable, and where
velocity flow may be evident. Such flooding is characterized by ponding or
sheet flow; therefore, the following provisions apply:
(1) All new construction and substantial improvements of residential
structures have the lowest floor (including basement) elevated to or above the
base flood elevation or the highest adjacent grade at least as high as the depth
number specified in feet on the community's FIRM (at least 2 feet if no depth
number is specified).
(2) All new construction and substantial improvements of non-residential
structures;
(a) have the lowest floor (including basement) elevated to or above the
base flood elevation or the highest adjacent grade at least as high as the depth
number specified in feet on the community's FIRM (at least 2 feet if no depth
number is specified), or
(b) together with attendant utility and sanitary facilities be designed
so that below the base specified flood depth in an AO Zone, or below the Base
Flood Elevation in an AH Zone, level the structure is watertight with walls
substantially impermeable to the passage of water and with structural
• •
components having the capability of resisting hydrostatic and hydrodynamic
loads of effects of buoyancy.
(3) A registered professional engineer or architect shall submit a
certification to the Floodplain Administrator that the standards of this Section,
as proposed in Article 4, Section C are satisfied.
(4) Require within Zones AH or AO adequate drainage paths around
structures on slopes, to guide flood waters around and away from proposed
structures.
SECTION E. FLOODWAYS
Floodways - located within areas of special flood hazard established in Article
3, Section B, are areas designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of flood waters which carry debris,
potential projectiles and erosion potential, the following provisions shall apply:
(1) Encroachments are prohibited, including fill, new construction,
substantial improvements and other development within the adopted
regulatory floodway unless it has been demonstrated through hydrologic and
hydraulic analyses performed in accordance with standard engineering practice
that the proposed encroachment would not result in any increase in flood levels
within the community during the occurrence of the base flood discharge.
(2) If Article 5, Section E (1) above is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard
reduction provisions of Article 5.
(3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the
National Flood Insurance Program Regulations, a community may permit
encroachments within the adopted regulatory floodway that would result in an
increase in base flood elevations, provided that the community first completes
all of the provisions required by Section 65.12.
SECTION F. SEVERABILITY
If any section, clause, sentence, or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said
holding shall in no way affect the validity of the remaining portions of this
Ordinance.
SECTION G. PENALTIES FOR NON COMPLIANCE
No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this ordinance
•
and other applicable 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) shall
constitute a misdemeanor. Any person who violates this court order or fails to
comply with any of its requirements shall upon conviction thereof be fined not
more than allowed by law or imprisoned for not more than allowed by law, or
both, for each violation, and in addition shall pay all costs and expenses
involved in the case. Nothing herein contained shall prevent West University
Place from taking such other lawful action as is necessary to prevent or remedy
any violation.
SECTION H. CERTIFICATION OF ADOPTION
APPROVED: - / (Mayor)
PASSED: � awe 7
(adoption da )
ORDINANCE BECOMES EFFECTIVE: XV '7
(effective date)
I, the undersigned, Kaylynn Holloway. City Secretary, do hereby certify that the
above is a true and correct copy of an ordinance duly adopted by the City
Council of the City of West University Place, Texas at a regular meeting duly
convened on i ,760 7
Ka n Holloway, City4 ecretary {SEAL}
2013 — 2015 Building Height of Completed Homes
Address Height(Feet) Address Height(Feet)
6619 Belmont 34.6 6544 Sewanee 34.6
6424 Rutgers 34.6 3117 Carnegie 32.31
3926 Swarthmore 31.03 6424 Westchester 35.00
6330 Brompton 34.59 6627 Rutgers 34.47
6340 Mercer 34.77
3020 Cason 34.13
3829 University 32.69
3118 Pittsburg 34.93
6520 Wakeforest 33.21
6616 Belmont 31.11
6401 Brompton 34.68
3502 Co rondo Ct. 34.72
6527 Westchester 34.77
3826 Villa nova 34.98
3323 Cason 34.77
6624 Rutgers 34.69
6530 Wakeforest 34.78
6344 Mercer 34.68
6426 Sewanee 34.93
6415 Westchester 34.82
6502 Westchester 34.27