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HomeMy WebLinkAboutORD 3042 Amending Chapter 74 and Chapter 18 of the Code relating to Flood Management and Flood Hazard ReductionCity of West University Place Harris County, Texas ORDINANCE NO. 3042 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AMENDING SECTION 74-31, DRAINAGE, STORMWATER, AND FLOOD MANAGEMENT, OF CHAPTER 74, SUBDIVISIONS, AND AMENDING SECTIONS 18-272, DEFINITIONS, 18-273, GENERAL PROVISIONS, 18-274, ADMINISTRATION AND 18-275, PROVISIONS FOR FLOOD HAZARD REDUCTION, OF CHAPTER 18, ARTICLE IX, FLOOD DAMAGE PREVENTION OF THE CODE OF ORDINANCES RELATED TO STANDARDS FOR DESIGN AND CONSTRUCTION OF STORM WATER CONVEYANCE AND DETENTION SYSTEMS, TO REQUIRE STORM WATER DETENTION FOR CERTAIN PROJECTS, AND TO PROHIBIT CERTAIN DEVELOPMENT WITHIN THE 500 YEAR PLAIN; PROVIDING FOR A PENALTY UP TO $2,000.00 PER DAY; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the Harris County Flood Control District, the Harris County Engineer, and the Harris County Commissioner's Court have requested that communities in Harris County: 1) use Atlas 14 rainfall rates for sizing storm water conveyance and detention systems, 2) require a minimum detention rate of 0.55 acre feet per acre detention for any new non -single family residential development on tracts one acre or larger; 3) use hydrograph timing as a substitution for detention on development projects; 4) mitigate fill placed in the 500 -year floodplain; and 5) require the minimum finished floor elevation of new habitable structures be established at or waterproofed to the 500 -year floodplain elevation in order to assist the County in flood control; and WHEREAS, the City Council, finds that the measures requested are reasonable and prudent; and WHEREAS, all notices, hearings and procedures relating to amending the Code of Ordinances, as may be required by law, the City Charter, or the Code of Ordinances, have been duly given, held and followed, and the City Council has jurisdiction to amend the Code of Ordinances as provided herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, THAT: Section 1. Preamble. The facts and matters set forth in the preamble of this Ordinance are found to be true and correct and incorporated herein for all purposes. Section 2. Section 74-31, Drainage, storm water, and flood management, of Chapter 74, Subdivisions of the Code of Ordinances of the City of West University Place, Texas, is amended to read as follows: "Sec. 74-31. - Drainage, storm water, and flood management. (a) Drainage and storm water. (1) Drainage facilities shall be installed so as to drain all lots in a subdivision and to handle incoming flows from natural channels, streams and other drainage, and the sufficiency of such facilities shall be approved by the public works director. (2) All water run-off shall drain into the street from the same lot address either naturally or through an internal drainage system, unless otherwise indicated on the final plat. (3) Atlas 14 rainfall rates must be used for the sizing of storm water conveyance (i.e. storm sewers, ditches, etc.) and detention systems. (4) For all development and redevelopment of land for residential and non- residential purposes, detention must be provided at a minimum rate of 0.55 acre feet per acre of developed land, except a single-family residential structure and accessory buildings proposed on an existing lot is exempt from providing detention. (5) Where detention is required, hydrograph timing cannot be used as a substitution for detention on any project. (6) For further information see the city's storm water management plan. (b) Flood management. See chapter 18, article IX, flood damage prevention." Section 3. Section 18-272, Definitions, of Chapter 18, ARTICLE IX, Flood Damage Prevention of the Code of Ordinances of the City of West University Place, Texas, is amended, by adding definitions, to be placed in alphabetical order, of "area of moderate flood hazard", "five -hundred year floodplain elevation", and "moderate flood hazard area", and amending definitions for "Flood insurance rate map (FIRM)" and "Flood protection system", to read as follows: "Area of moderate flood hazard means the land between the limits of the base flood and the 0.2 -percent -annual -chance (or 500 -year) flood. They are shown on flood maps as zones labeled with the letters B or X. 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 and moderate flood hazard areas and the risk premium zones applicable to the community. Flood protection system means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed 2 specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard and moderate 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. Five -hundred (500) year floodplain elevation means the elevation of surface water resulting from a flood that has a 0.2 -percent chance of equaling or exceeding that level in any given year. The 500 -year floodplain elevation is shown on the flood insurance rate map for zones B and X (shaded). Moderate flood hazard area. See area of moderate flood hazard." Section 4. Subsections (a), (b), and (g) of section 18-273, General provisions, of Chapter 18, ARTICLE IX, Flood Damage Prevention of the Code of Ordinances of the City of West University Place, Texas, are amended to read as follows: "Sec. 18-273. General provisions. (a) Lands to which this article applies. The ordinance shall apply to all areas of special flood hazard and moderate flood hazard within the jurisdiction of West University Place. (b) Basis for establishing the areas of special flood hazard and moderate flood hazard. The areas of special flood hazard and moderate 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). (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 and moderate 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." 3 Section 5. Subsections (b)(5), (b)(8), and (c)(1) of section 18-274, Administration, of Chapter 18, ARTICLE IX, Flood Damage Prevention of the Code of Ordinances of the City of West University Place, Texas, are amended to read as follows: "Sec. 18-274. Administration. (b) Duties and responsibilities of the floodplain administrator. Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following: (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards and moderate 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. (8) When base flood elevation and 500 -year floodplain 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 and 500 -year floodplain elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of section 18-275. (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 and moderate 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 flood proofed structure shall meet the flood proofing 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; 4 e. Maintain a record of all such information in accordance with subsection 18-274(b)(1)." Section 6. Subsections (a), (a)(8), (a)(10), (b), (b)(1), (b)(2), (b)(4) b., (b)(4) b.4., (b)(4) c., (b)(4) c.1., (d), and (e) of section 18-275, Provisions for flood hazard reduction, of Chapter 18, ARTICLE IX, Flood Damage Prevention of the Code of Ordinances of the City of West University Place, Texas, are amended to read as follows: "Sec. 18-275. Provisions for flood hazard reduction. (a) General standards. In all areas of special flood hazards -and moderate flood hazards the following provisions are required for all new construction and substantial improvements: (8) All new construction or substantial improvements to be constructed on fill located in the 100 -year and 500 -year floodplain shall be constructed on properly designed and compacted fill that has appropriate protection from erosion and scour; Compensating floodplain mitigation will be required for any fill placed below the base flood elevation and/or 500 -year floodplain elevation for any new construction or substantial improvements. (10) All new construction outside the special flood hazard area (moderate flood hazard area (areas within 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 adjacent to the building. (b) Specific standards (AE zones and Shaded X zones). In all areas of special flood hazards and moderate flood hazards where base flood elevation and 500 -year floodplain 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 or to or above the 500 - year floodplain elevation, whichever is higher. 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. 5 (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 to or above the 500 -year floodplain elevation, whichever is higher; or together with attendant utility and sanitary facilities, be designed so that below the base flood level plus two feet or below the 500 -year floodplain elevation, whichever is higher, 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 flood proofed shall be maintained by the floodplain administrator. (4) Manufactured homes. b. Require that manufactured homes that are placed or substantially improved within zones Al -30, AH, AE and shaded X zones on the community's FIRM on sites: 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 or to or above the 500 -year floodplain elevation, whichever is higher, 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 - n. 30, AH, AE, and Shaded X on the community's FIRM that are not subject to the provisions of this subsection (b)(4) be elevated so that either - 1 . ither: 1. The lowest floor of the manufactured home is at two feet above the base flood elevation or to or above the 500 -year floodplain elevation, whichever is higher, or (d) Standards for areas of shallow flooding (AO/AH zones). Located within the areas of special flood hazard and moderate flood hazard established in subsection 18- 273(b), are areas designated as shallow flooding. These areas have special flood hazards and moderate 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: (e) Floodways. Located within areas of special flood hazard and moderate 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:" Section 7. Penalty. A violation of this ordinance shall be a Class C misdemeanor, and the penalty for violating this ordinance shall be a fine not exceeding Two Thousand and No/100 Dollars ($2,000.00) for each offense. Each continuing day's violation shall constitute a separate offense. The penal provisions imposed under this ordinance and the Code of Ordinances shall not preclude the City from filing suit to enjoin the violation. Section 8. Savings/Repealing Provision. All ordinances and parts of ordinances in conflict with this ordinance are repealed to the extent of the conflict only. Section 9. Severability. If any provision of this ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. Section 10. Effective Date. This ordinance takes effect immediately upon its passage and adoption on second reading and the publication of the caption, as required by the City Charter and state law. PASSED, APPROVED AND ADOPTED ON FIRST READING on the__/, day of 2023. VA PASSED, APPROVED AND ADOPTED ON SECOND READING, AND SIGNED, ®� �n t _e _,day of 2023. t Signed: s r y Secretary (Seal) ayor Recommended: thy Manager Approved as to form: by: Olson & OI on, LLP Attorney g