HomeMy WebLinkAboutORD 2063 Amending Chapter 18 of the Code re Flood Damage Prevention and Hazard ReductionWest University Place
Harris County, Texas
ORDINANCE NO. 2863
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; AMENDING CHAPTER 18, BUILDINGS AND
DEVELOPMENT, ARTICLE IX, FLOOD DAMAGE PREVENTION, SECTION
18 -272 DEFINITIONS; AND SECTION 18 -275, PROVISION FOR FLOOD
HAZARD REDUCTION, OF THE CODE OF ORDINANCES OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS, BY ADDING LANGUAGE IN
COMPLIANCE WITH FEMA REQUIREMENTS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS, THAT:
Section 1. Chapter 18, Buildings and Development, Article IX, Flood Damage
Prevention, Section 18 -272 Definitions; and Section 18 -275, Provision for Flood Hazard
Reduction, of the Code of Ordinances of the City of West University Place, Texas are amended
by the addition of language in compliance with FEMA regulations, to read as set out in
Appendix A, attached hereto. All other portions of Section 18 -272 and Section 18 -275, of the
Code of Ordinances not specifically amended hereby remain in full force and effect.
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repealed to the extent of the conflict only.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 takes effect immediately upon its passage and adoption
on second reading.
PASSED, APPROVED AND ADOPTED ON FIRST READING on the 251h day of
February , 2019.
PASSED, APPROVED AND ADOPTED ON SECOND READING, AND SIGNED, on
the 11 w day of March , 2019.
(SEAL)
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THeirSA. Gilliam, City Secretary
City of West University Place, Texas
RECOMMENDED BY:
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David J. B ach, City Nianager
APPROVED AS TO LE L FO
Alan Petrov, City Attorney
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san Sample, kNetylor
City of West University Place, Texas
Appendix A
(Language to be added shown by underline, language to be deleted shown by strike -out).
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;
(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)
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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, A11-30, AE, A99, AR, AR/A1 -30,
AR/AE, AR/AO, AR/AH, ARIA, 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, Al -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 facility means a structure or other improvement that, because of its function, size, service
area, or uniqueness, has the potential to cause serious bodily harm, extensive property damage or
disruption of vital socioeconomic activities if it is destroyed or damaged or if its functionality is impaired.
Critical facilities include health and safety facilities, utilities, government . facilities, and hazardous
materials facilities.
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.
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."
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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.
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:
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(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;
(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
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(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.
(Ord. No. 1849, § 1(app. A), 7 -9 -2007)
Sec. 18 -273. - General provisions.
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(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.
(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.
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(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 Ai -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 A11-30, 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
floodproofed;
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;
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.
(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;
(ii) A determination that failure to grant the variance would result in exceptional hardship
to the applicant; and
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(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 maybe 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 two feet above base food elevation 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.
8 All new construction or substantial improvements to be constructed on fill located in the 100 -
year floodplain shall be constructed on properly designed and compacted fill that has
appropriate protection from erosion and scour.
___(9) new critical facilities are prohibited from being constructed in the 500 -year floodplain
(shaded X zone).
(10) All new construction outside the special flood hazard area (shaded X zone and unshaded X
zone), shall be constructed so that the lowest floor is a minimum of two feet above the crown of
the nearest street or the highest grade adiacent to the building.
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(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) (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 two feet 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.
(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 two feet above the base flood level or together with attendant
utility and sanitary facilities, be designed so that below the base flood level plus two feet 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 one
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 two feet 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:
1. Outside of a manufactured home park or subdivision;
2. In a new manufactured home park or subdivision;
3. In an expansion to an existing manufactured home park or subdivision; or
4. 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 two feet
above the base flood elevation and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement_
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C. Require that manufactured homes be placed or substantially improved on sites in an
existing manufactured home park or subdivision with zones A11-30, AH and AE on the
community's FIRM that are not subject to the provisions of this subsection (b)(4) be
elevated so that either:
1. The lowest floor of the manufactured home is at two feet above the base flood
elevation, or
2. 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 A11-30,
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 this subsection (b)(4).
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).
(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 this section.
(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).
(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 two feet 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:
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a. Have the lowest floor (including basement) elevated to two feet 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 plus two feet 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.
(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 (e)(1), above is satisfied, all new construction and substantial improvements shall
comply with all applicable flood hazard reduction provisions of this section.
(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
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; Ord_ No. 2051, § 1, 5 -21 -2018 )
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