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HomeMy WebLinkAboutOrd 1647 - flood damage prevention i~, \;\\l ."0 , .0: -~ Ordinance No. 1647 AN ORDINANCE RELATING TO FLOOD DAMAGE PREVENTION AND FLOODPLAIN MANAGEMENT; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. (a) Section 6.401 of the Code of Ordinances of the City of West University Place, Texas is hereby amended to read in its entirety as follows: Sec. 6.401. Standard codes IIml tlnnrlnl!>>in rpg:lIl~tiQni The Standard Building Code, Standard Housing Code and the Standard Mechanical Code described in the Standard Codes Schedule are adopted, ordained and incorporated into this chapter by reference. but subject to the exceptions and amendments stated in Standard Codes . Schedule. The standard state-nmmlllp~tNi flnnn n<l",<lOf' pr'~"entiQg (tloodnlain) refTIJlations are adontf'd nrn"inpd :loa itl~Qrpgnlteg iAtg t.hig c.hantf'f hv n~fl'"rf'nr.p. ::Ie:: e::l'"t ("\IIt;n A PIJegdi,' ~ gf (it" OraiFlaRSB ~18. 1647 nassf'Ll::lnli annmvf'Ll Tllnl'" J) )()()() (.II~d ~~h p~Qylati9Rs are alse adopted ;md nmmlllf?atf'Ll a<: nlll"<: nnnf'r )nOdlilf,}ter L Ch..pter Hi 9ft* Texas Water Code). (b) Subchapter K (entitled "Flood Damage Prevention" and including Sections 6.801 through 6.833) of the Code of Ordinances of the City of West University Place, Texas is hereby repealed. (c) Appendix A of this Ordinance, attached, is adopted,\~rdained and _ . incorporated by reference into Chapter 6 of the Code of Ordinances of the City of West University Place, as indicated abov~. . Section 2. This Ordinance applies from and after the Effective Date. Any violations committed before the Effective Date are governed by the ordinances in effect immediately before the Effective Date ("Prior Ordinances"). This Ordinance shall apply to and govern new construction, substantial improvements and other projects as provided in Appendix A; the Prior Ordinances shall continue to apply to and govern all other projects. The Prior Ordinances are.continued in effect for-the purpose_s mentioned in this section, Section 3. All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only. Section 4. If any word, phrase, clause, sentence, paragraph,seGhon or other part of this Ordinance or the application thereof to any person or Circumstance, shall ever be heldto be invalid or unconstitutional by any court of competent jurisdiction; ................"""'-.....'..........,_L........-...:: 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 5. 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 6. The public importance of this measure and the requirements of the law create an emergency and an urgent public necessity requiring that this Ordinance be passed and take effect as an emergency measure, and a state of emergency is hereby declared. This Ordinance is accordingly passed as an emergency measure and shall take effect on the tenth day following its publication, as provided in the City Charter ("Effective Date"). PASSED AND APPROVED on ~/ ~ a; Council members Voting Ay . Councilmembers Voting No: Councilmembers Absent ~o Si9~)~U~ Mayor Recommended:~A . City anager Attes : Reviewed:. ~ City Attorney b62:\540fludwpd l.,__ ---'-~'-~-'----'--~-"------rf'_.__. _"::":._____ ~~ _ J:::: ~~ .nr::,~' _ ...lLL 'ILL.~.L-.l.ll.:l.lL_~.l1lllIlD.I"'- -- ----j-- - ---.----1-----.''11rrm~~~~IT~'''----- - Sent By: Cole & Dougherty; 713 880 1417; Jun-9-00 16: 07; Page 2/16 lI.ppendix A 60.3(c) FLOOD D>>1AGE PREVENTION ORDINANcE ARTICLE I STATUTORY AUTHORI:ZATION I FltmINGS OF FACT, PURPOSE AND MET.HODS SECTION A. S'l'A'l'U'1'ORY AUTHORIZ1I.TION The Legislature of the State of Texas has in (statutes)~le Texas Water Cod~ _~eIeqated the responsibility of local governmental units to adapt regulations designed to minimize flood losses. Therefore, the Cit~ Council th~ City of West (governing bOd~) of Un~ver::uty Place , Texas (the 'City") does ordain as (IocaI un.ft) (S"Eate) folloW"s: SEC'1''ION B. FJ;NDINGS OF FACT (1) The flood hazard areas of the Ctty 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 thepub1ic health, safety and general welfare. (2) These flood loses are created by the cumulative effeCL or obstructions in floodpl~ins which cause an increase in flood heights and velocitie~, and by the occupancy of flood hazards areas by uses vulncr~ble to floods and hazardous to other lands bQcause they are inadequately elevated, floodproofed or otherwise protected from flood damage. SEC'XION C. STATEMENT OF PURPOSE. It is the purpose of this ordinance to promote the public health, safe~y and general welfare and to minimize public and private losses due to flood conditions in ~peciric 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 i floodplains; (6) Help maintriin a stable tax base by providing for the sound USe and development of flood-prone areas in such a manner as to minimize future flood blight areas; and (7) Insure th~r. potential buyers are notified that pr.operty is in a floo' area. (Apptmolx AT page 1 of 17) -"-----------------r .===""--l~ r- ilrJllliLi L,J1:l. -.:.lJU:Lll. L LJlllll~ ,1I11l11ar r-- l-------~ilr;rm'fnr"'ITi1 rr., Sent t;y: l"U.Ltl er. UUU~''':'' cl, SECTION D. ME1'HODS OF REDUCING FLOOD LOSSES In orde~ to ac~omplish its purposes, this ordinance uses the following rr.ctl"1ods: (1) Restrict or prohibit U$~S that are dangerous ~o health, safety or pr.operty in times of flood, or ca..:~e excessive increases in fLoc.:i ~eights OJ'" velocities; (2) Require that uses vulne~~ble to floods, includiny facili~ies which serve such uses, be protected ag~;nst flood damage at the time ~: initial cbnstruction; (3) Control the alteration c: nat'.nal floodpji.'lio$, Sf.ream channels, and n<ltural protective barriers, whie:-: are involved in the accorrunoda-:-i.cn of. floo wat:erSi (4) increase Control filling,g.t:ading, dredging <'-lnd other development which may flood damage; (5) Prevent or regulate the ~onstruction of flood bartiers which w~ll unnaturally divert flood waters c~ which may increase flood ha~ards to other lands. ~(Appendix A, page 2 of 7) ;-riI r - '" -- ...., ".;. -lJf Iii' 11-III:j::'ll i' l;p~1II Itlll.l.r~-'------T- --- r~---~---,,";ii~nr"'~m~-- Sent By: Cole & Dougherty; 713 BBG 1417; Jun-29-00 15:51; Page 4 ARTICLE 2 DEF:INIT:IONS Unless specifically defined below, words or phrases used in this o~dinance shall be interpreted to give them the meaning they have in commOn usage and t give thLs ordinance its most reasonable app~ication. ALLUVIAL FAN FLOoDING - means flooding o~curring on the surface of an alluvial ~an or si~ilar lan?form which or~gin~Les at the apex and is (;haracter~zed by h~qh-veloc1.ty flows; a<::tl.ve processes of erosion sediment transport, and deposition; and unpredictable flow paths. ' APEX - means a point on an alluvial fan or similar landtorm below which the flow path of the major stream that formed the fan becornesunpredictable and alluvial fan flooding can occur. AREA OF SHALLOW FLOODING - means a designated AD, AH, or va zone on a community's E'lood Insurance Rate Map (.fIRM) with a one percent chanCe ox greater annual chance of flooding to an average depth of one to three feet where d clearly defined channel does not,exist, where the pa'th of flOOding is unpredictable and where velocity flow may be evident. Such flOOding is chaxacterized by ponding or sheet flow. AREA OF SPECIAL ~D HAZARD - is the ,land in the floodplain within Q 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 ~lood Ha7.ard Boundary Map (PRBM). After detailed ratemaking has been completed in preparation for' publication of the FIRM, Zone A usu~lly is refined into Zones A, AE, AR, AO. Al-99, VO, VI-30, VE or V. BASE FLOOD - means the flood having a orle percent chance of being equalled or exceeded in any given year. BASEMENT - means any area of the building having i'ts floor sUbgrade (below ground level) on .:111 side.s. CRI~ICAL FEATURE - means an integral and readily identifiable part of a flood protection system. without whir-h the flood protection provided by the entire system would be compromised. OEVELO~~ - means any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, gradin9, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILD~NG - means a nonbasement building eil buil't, in the case of a building in Zones AI-30, AE, A, A99, AO, AH, a, c, X, and D, to have the top of the elevated floor, or in the case of a building in Zones Vl-30, VE, or V, to have the bottom of the lowest horizon~al structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair thestructuraJ integrity of the building during flood of up to the magnitude of the base flood. In the case of Zan@.s Al-30, AE, A, A99, AO, AH, a, C, X, and D, ~elevated building" also includes a building elevated by means of fill or solid foundation pe~imeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case at Zones Vl-30, VE, or V, "elevated building" also includes a building otherwise meeting t.lie definition of "elevated building," even though the lower area is enclosed by means of breakaway walls it the breakaway walls met the standards of section 60.3(e) (5) of the National Flood Insurance Progr~m rcgul~tions. (Appendix A, page 3 of 17) ~m .:zJ..J..I..-.1- "- _~.ll.L... ..1l.L~."-'..U. J...WWlli._-,-~ -~---I---~---l~;m~[l"",:~.rr--- Sent By: Cole & Dougherty; 713 880 1417; Jun-9-QQ 16:08; Page 3/16 '" "" EX7STING CONS~UCTION - means tor the purposes of determining rates, structures for which the ~start of construction" commenced before the effective date of the FIRM or before January l, 197~, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures:" EXISTING MANUFACTURED HaG: PARK OR St1BD:IVISION - means a manufactured home ;lark. or subdivision for whi.ch t::----e constructio:\ of facilities for sE.!l~vicing t e lots on which the manufactured ~~~es are to be affixed (including, at a minimum, the installation of uti:ities, the construction of streets, and either f::.nal site gradin9 or the pouri.ng of concrete pads) is completed befo e the effective date of the Elood~:ain management regulations adopted by a ::ornmuni::y. ~AN8:tON ~o AN EX:IS'r:tNG HANlJ'FACTUItEt> HQiE ~AR1< OR SUBDIVISION - means the preparation of additional si::es =y the const~uction of facilities for servicing the lots on which the ~anufact~red homes are to be affixed (including the in$talla~ion of ~~ilities, the construction of 3~reets, and either final site grading or the pouring of concrete pads). FLOOD OR FLOODING - means a gene=al and tempo=ary condition af partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters. <21 the unusual and rapid a==umulatian or runoff of surface waters from any sour-ce. SLOOD ~SURANCE RA%E ~ (FI~ - means an official map of a community, on which the Federal Emergency Managernent:. Agency has delineated both t;h~ areas f special flood hazards and the risk premium zones applicable to the community WLOOD XH~ STODT - is the official repo=t provided by the F@deral Emergency Management Ag@ncy. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map. '!"1.OODPIADt OR ELOOD-PRONE Alit&A - means any land area susceptible t:o being inundated by water from any source (see definition of flooding). WLOODF.LADN ~ - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including b~t not limited to emerqency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN ~ RBGULATI~S - means zoning ordinances, subdivision regulations, building codes, health requlatio~s, special purpose o~dinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such sLate or local regulations, in any combination thereof, which provide standards for the purpose af flood damage prevention and reduction. ~ PROTECTXON SYSTEH- means ~hose physica~ st~uctural 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 areas within a community subject to a "special flood hazard" and the extent of the depths of associa~ed flooding. Such a system typically includ s 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 ar-.Y combi~ation of S1:t'...lctural and non-struct.ural additions, changes, or adjustmec:s to struc1:~reswhich r~duce or eliminate fl~od damage to real esta:e or ~=.proved real ~roperty, water and sanitary facilities, structures d~d :hei~ contents. (Appendix A, page 4 0 17) ~---Tlr ,CLJu...l L .11111-,_-'UJ:LiLJj- .:;..JJllillliL.Ln---.. ~~"11ITIrnJ~TIT"'~U~"--- Sent By: Cole & Dougherty; 713 880 1417; Jun-9-00 16:08; Page 4/16 ~ (RECULA~Y ~) - means the channel of a river or other watercourse-and the adjacent land ar~as that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. FUNC~IONALLY DEPENDENT USE - means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. Th term includes only docking ~acilitieSt 90rt facilities that are necessary fo the loading and unloading of cargo or passengers, and ship building and ship repair ~acilities, but do~s not include long-term storage or related manufacturing facilities. HZGHES~ ADJACENT GRADE - means the highest ~atural elevation of the ground serface p~ior to construction next to ~he p~oposed wall$ of a structure. H.IS~ORXC STRUCTUl\E - means any structure t.hat is~ (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department 0= Interior) or preliminarily dete~mine by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily dete~mined by the Secretary of the Interi r as cont~ibuting to the historical significance of a registered historic district:. or a district preliminarily determi.ned by ttle Secretary to qualify a ~egistered historic district; (cl Individually listed on a state inventory of historic places in state with historic preservation programs which have been approved by the Secretar of Interior; or Cd) Individually listed On a local inventory or historic places in communitie$ with historic preservation programs that have been certified either: (1) By an approved state program as aetermined by the secretary of the In1:eI:10r or; (2) Directly by the Secretary of the Interior in states without approved programs. LEVEE - means a man-made st~ucture, 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 levee5. and associated structures. such as closure and drainage device~, whi . are constructed and operated in accordance with sound engineering practices. LOWES~ 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 casement area is not considered a building's lowest floor; providad 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 ot the National Flood insurance Program regulations. ~ACTUR&D HOME - means a structure transportable in one or more sections, which is b~ilt on a permanent chassis a~d is designed for use with or without a pe~an$nt foundation wh~n connec~ed to the required utilities. The term "manufactured home" does not include a -!:"@creat.ional vehicle". (Appendix A, page 5 of 17) ~ r---r ~- Ilr~':~ ! 11'1: .tll-rnrT1IT::llli '1IIn.... -.----T--- j----------,'TI1i:ff,fJ":""IT!"':ffrF-" . Sent By: Cole & Dougherty; 713 880 141 {; .Jun-~-uu 1 a:u~; ri:l!::l~ :JI IU ImNUTAC'fURBD HCIGt PARK OR SUBDZVISION - means a parcel (or contiguo'Is parcel of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program ~he National Geode~ic vertical D~~um (NGVD) of 1929 or oth@r datum, ~o which base flood elevations shown on a community's tlood r~surance Rate Map are referenced. NEW CONSTRUCTION - ~eans, for the purpose of determining insurance rates, structures for which ~he Wstart of construction" co~~enced on or after the effective date of an initial FIRM or af~er December 31, 1974; whichever is later, and includes any sub$equent improvements to s~chstructures. Fo~ floodplain management purposes, "new construction" means structures tor whic the Ustart of construction~ commenced on or after the effective d~te of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW ~ACTUR&D HOME PARK OR SUBDIVISION - means a manufactured home park 0 subdivision for: which the cOlistruction of facilities tor servicing t:he lots n which the ~anufactured homes are to be affixed (incl~ding at a minimun, the inscallatlon of utilities, the construction ot stree~s, and either final sit grading or the pouring of concrete pads) is completed on or after the @ffecti'le date of floodplain management regulations adopted by a community. RECREATIONAL VEHXCLE - means a vehicle which is (i) built on a single chassi (ii) 400 square feet or less when measured at the largest hOrizontal projections: (iil) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primar.ily not for use as a permanent dwelling but as temporary living qu~rters for recreational, camping. travel. or seasonal use. STAR! OF CONSTRUC~ION - (for other than new construction or substan~ial improvements under the Coastal earrier Resources Ac~ (Pub. L. 97-34B)), includes substantial improvement and means the date the buildinq permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, add~tion, placement, or other improvement wa~ within 180 day 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 footinqs, 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 f streets ~nd/or walkways; nor does it include excavation for baaement, footin9s, piers or foundations or the erection of temporary torms; nor does 't include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or no~ part of the main structure. For a substantial improvement, the aCLual star~ of construction means ~he firs~ alteration of any wall, ceiling, floor, or other s~ructural part of a building, whether or not that alteration affects the external d~ensions of the building. STRUCTURE - means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUSSTANTXAL ~ means damage of any or1g1n sustained by a strUCture whereby the cost of restoring the s~ructure to its before damaged condition would equal or exceed SO percent of the market value of the structure before the damage occurred. SUBSTANTIAL DHPR~ - means any recons~ructionr rehabilitation, addition, or other i~provement of a structure, the cost of whicn equals or exceeds 50 percent: of the marke-: value of the structure before "start of cons~ruct.ion" the improvement. Th.:.s incl~des structures which ha""o: inCl,.lrred "s~stantial (Appendix A, page 6 0 17) r- r~ r-,~ -iH"1:1;I:l It 11l11"1l1'I't~:!I-!_lll,']!llIIIlM.-. "-1'- ---r-'---~--~':""Fff""'~l;r"-"--- ::;enl: ~y; L<Ul.l:l C< UUU!:jIII::W LY, '1'-" UI"JIV I""T If, .......... '--" ........ ,-. ....., . --::::J- -/ . - damage", regaJ:dless of the actual repair work performed. The 'term does not, however, include either: (1) Any project for improvement of a structure to corTect existing violations of state or local health, sanitary, or 3afety co e specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions or (2) Any alteratio 0: a "hisr.:oric structure", provi.ded that the alteration will not preclude th structure's continued designation as a "historic structure." VARIANCE - is a grant of relief ~c a person from the requirement at this ordinance when specific enforcement would result in unnecessary hardship, M variance, therefore. permits construction or development in a manner ocherwi e prohibited by this ordioaoc,e. ~ :or !>Jll requirements see Section 60.6 of th Na~ional Flood Insurance Program regulations.) VlOLAT:ION - means the fail-...:.r@ of a s"t::-uct1Jre or other development to be! fu1'l compliant with the communi,y's floodplain management regulations. A structu e 0= other development withcn..t the elevation certificate, other certifications or other evidence of compliance required in Section 60.3(b} (5), (e) (4), :c) (10), (di (3), (e) (2), (e) (4), or (e) (5) is presumed t.o be in violation until such time as that documentation is provided. ~TER SURFA~Z ELEVATION - ~eans ~he height, in relation to the National ~eodetic Vertical Datum (NGVD) 0= 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal 0 ri'J'erine areas. (Appendix A, page 70f 17) - ----~~-~----~--r- T ~" ,.. - -~------"TU "I:I!' I' 11111 TlI.1 illl 111-~I:lii 11116... - ---r- -- - r -----------1mITlIm:rrrClnn:--' ,,-- / ARTICLE 3 GENERAL PROVI:SIONS SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES The c~dinance shall aoolv to all j,-,;:r:..sd:..ction of the City areas 0: special flood hazard with the ;local unic) SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The a~eas of special :lccd hazard ~denl:i:ied by the Federal Emergency ~anagernent Agency in a sc~entific a~d engineer:..ng report entitled, "The =lood Insura:lce Study for Harris Co. & incorporated areas," da-:ed nr....;120 7000, with accompanying Flood Insurance ~ate Maps and Flood 30undary-rloodway Maps (FIRM and FBFM) and any revisions-:hereto are hereby adopted by reference and declared to be a part ~: ,,:~is o~di~a;.ce. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be req~ired to ensure conformance with the provisions of this ordinance. SECTION D. COMPLIANCE No structure or land shal~ hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. 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, convenant, 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 -::he 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 thereunder. (Appendix A, page 8 of 17) ..._,= r-r;r~i IIrlilH; 11: WII 1I1:lir:.1L: IIUillllllll.I' - ---r-----,-------- ----1--" Tirmliil'~irli"nITn~" VlO;Ollt.. UY. -""'..L,",,~L..IVU~II~IL.J, I I U OOU I'f- I I , .Jurl-::!- UU 10: 11 ; page 8/16 ARTICLE 4 ADMno: STRAT ION SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINI~'l'RATOR. The Cit~'s Bui]~~q n~~;~;~l , is hereby appointed the Floodplain Administra~or to a ~nister and lmple~ent the provisions of this ordinance a d other appropriate sections ot 44 eFR (~ational Flood Insurance Program Regulations) pertaining to floodplain management. S&CTION S. DUTIES' RESPONSIaILITIES OF THE FLOODPLAIN ADMTNT~~~&~OR Ducies and responsibilities of the Flcodplain Administrator shall include, b, t not be limited to, the following; (1) Maintain and hold open for p~blic inspection all records pertaining to the provisions of this ordinance. (2) Review permit appl.ication to determine whether proposed building site, inclUding the placement of manufactured homes, will be reasonably safe from flooding. (3) Review, approve or deny all applications for development pe~mits rcquired by adoption of this ordinance. (4) Review permits for proposed developmp.nt t:o assure that. all necessa:r 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 bound~ries of the areas of special flood hazards (for example, where ~here appears to be a conflict between a mapped boundary and actual field conditi.ons) the Floodplain Administr-ator shall make the necessary interpret.ati.on. (6) Notify, in riverine ~ir.uations, adjacent communiti.es and the State Coordinating Agency which is rh~ ~N~~~ * , 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 ot any watercourse is maintained. (8) When base flood elevation data has not been provided in accorda.nce with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonab~y utilizc ~ny base flood elevation d~ta and floodway data available from a Federal, State or other source, in order to administer the provisions of Article S. (9) When a regulatory floodway has not been designated, the FlOOdplain Administrator must reqUire that no new construction, substantial improvement or other development (including fill) shall be permitted within Zones AI-3D and AE on the community's FIRM, unless it is demonstrated that the cumulativ effect of the proposed development, when combined wi~h all other existing an anticipated d~velopment, will. not increase the water surface elevation of th base flood more than one foot at any point within the community. .(10) Unde~ the provisions of 44 CFR Chapter 1, Section 65.12, of the ~ation~l Flood Insurance Program regulations, a community ma-y approve ccrtai development in Zones Al-30, AE, AH, on the community's rIRM which increases t~e water s~rface elevation of the basR flood hymor~ than one foo~. provide, t~at the community first applies for 0 conditional FIRM revision through FE~ *Tcxas Natural Resource Conservation Commission or its sUCcessor (Appendix A, page 9 0 17) --_._-.- -----..--------~'r- 1--;--rjJ" r-1 Ilrill:t:il'l I' ltlll 'lll!I'lt'll IIl,mlf lilt..... I - ----,------.-.--.--...,.-'imTllflill~ml~:urT:" - - -';J"-' -,1' . . - --- ,~,., '-'l.oIIll ..., \.IV I V. I~, ri::I!:Jl:: :::1/10 SECTION C. l?ERMIT PROCEDURES (l) Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/h@r and may include, but not be limi~ed to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed str~ctures, ~ncluding the placement of manufactured homes, and the location of ~te 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 baserneflL} of all new and substantially improved structures; b. Elevation in rcl~tion to mc~n sea level to which any nonrcside~~~dl structure shall be floodproofed; ~. A certificate from a reqistered professional en~ineer or architect ~hat the nonresidential floodproofed s~ructure shall rneer. r.he floodproofing criteria of Article 5. Section B(2}j d. Description of the extent to which any watercourse or nat~ral drainage ~ill be altered or relocated as a result of proposed development. e. Mgintain d record of all such information in accordance with Arl..ic:le 4, Section (B) (1). (2) Aooroval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the proviSions of this ordinance and r,h~ fOllowing relevant factors: damage; a. The danger to life and property due to flooding or erosion b. ''('he 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 campatibil ity of the proposed l,l$e with existing and anticipated development; e. The safety of access to the property kn 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 i:md fdcilities such as sewer, gas, electrical and water systems; g. The e~pected heights, velocity, duration, rate of rise ~nd $~diment transport of the flood waters and the effects of wave action, if applicable, expected at the site; h. The necessity to the facility of a waterfront location, where applicable; ~. The availability of alternative locations, not subject to flooding or erosion damage, tor the proposed use; j. ,The relationship of the proposed us* to t.he L:<.Jl1lpreh~msi ve plan for that area. (Appendix ~, page 10 f 1 7) --r~~~'~"~~~['~~""':":r r -=iTrtni' i' IlII 'UI:j.,1 111,111::11119.." -T------,--- -------,,~,:~mfilliiTflo'~IT!'l",n---- Sent By: Cole & Dougherty; 713 SSD 141 7; Jun-9-DO 16:12; Page 10/16 SECTION O. VARIANCE PROcEDU1U:S (1) The appeal Board as established by the community shall h~~r and r.ender judgement on requests for variances from the requirements of this ordinance. (2) The Appeal Board shall hear and render judgement on an appeal only wi'1E:m it. i~ alleged there is an error in any requirement, decision. or dete~'m:i.nation made by lhe Floodplain Administrator in the enforcement Or ~drninistration of this crdin~nce. (3) Any person Or persons aggrieved by the decision of the App~al aOard m~y appeal such decision in the courts of competent jurisdiction. (4) The Floodplain Adrr.inistrator shall maintain a r~co=d of all dctions involving an appeal and shall report vari~nces to the Federal ~~ergAncy Management Agency upon :reql.:.est. (~) Variances may be issued for the reconstruction! rehabilitation or restoration of structures listed on the National Register 0: Historic flaces or the State Inventory or Historic Places, without regard to the procedures set forth in the remainder of this ordinan.::e. (6) V4riances may be issued for new constru~tion and substantial improvements to be erected en 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 Section C(2) of this Article have baen fully considered. As the lot size increases beyond th 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 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 Cl . (8) Variances shdll not be issued within any designated floodway if any increase in flood levels during the basp. 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 s~ructure'5 continued designation as a historic strucr..ure and the variance is the minimum necessary to preserve the historic character and design of the structure. (10) Prerequisites for granting variances: a_ Va~iances shall only bQ issued upon a determination that the variance is the minimum neCA$S~ry, considering the flood hazard, to afford relief. b. Variances shall only be issued upon, (i) showing a good and sufficient cause; (iil a determination that fail~re 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 pub~ic expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local l~w~ or ordinances. c. Any application to whom a vari~nce is g~anted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below ~he base flood elevation, and that ~he cost of fl.ood insurance will be commensurate with the increased risk resulting from t~e reduced lowest floo~ elevation. (AppendiJe A! page, 11 0' 17) ur~.:I.;.." _-'- ,-_.c.U.I_.. ,1>.1-_. .,~ . .w.l..llJ.h.._~ ------.r'----.~----.-- -.~--,~!lTI!fl!!J!':l"'rr"~".,-'r------- Sent By: Cole & Dougherty; 713 880 1417; Jun-9-00 16:13; Page 11/16 (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 structur@ or other development is protected by methods that minimize flood da~ages during the base flood and create no additional threats to public safety. (^ppcndix A,' page 12 0 17) r -- ~'m ,itL_," ",.llL..iliLLil UJiillL..llUH, --r-- - -'-~-:nI!l!IJlI~rlT'"mrr~" ::;enl: bY; IJU.Ll:;! ex UUU\:jII""-LY, , 1"-' UUV IAof" I', Io.JUII-..:1 VV I v. I U, I Q~~ 1'- I I U ARTICLE 5 PROVISIONS FOR !!"LOOD HAZlUW REDUCTION SEC'l'ION A. GENE~ STANDARDS In all axeas of special flood hazards the following provisions are required :or all new construction and substantial improvements. (1) All new construction or substantial improvements shal: be designed (en: mudif.ied) and adequ.H~ly dllchOied to prevent: flotation, collapse or lateral mc.ement of the structure resulting Crom hydrody~amic and hydrostatic loads, inci~ding the erfect~ of buoyancy; (2) Ail new const~uction or substantial i~provements shall be conGtructe by mp.~hods a~d practices ..hat minimize flood damage: (3) All new construction or substantial improvements shall be constructe with mat~rials resistant to flood damage; (4) A:~ new construction or substantial improvements shall be constructe with ele~trical, heating, ventilation, plumbing, and air conditioning equipment ~nd other set'vlL.:~ facilit.i~$ lohat are designed and/or located 50 as to prevent w,ater from entering or accumulating within th~ components during conditions of flooding. (5) All new and replacement water supply $ystems shall be designed to minimize or eliminate infiltration of flood waters into the system: (6) New and replacement sanitary sewage systems shall be desiqned to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, {7} On-site waste disposal systems shall be located to avoid impairment to them or l.:oIllarnlnaLlon from them during floodin9. SECTION B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood ~levation data has bee provided as set forth in (i) Article 3, Section B, (ii) Article 4, SAction B{81, or {iii} Article 5, Section C{3), ~he following provisions are required (1) Re$ident~al Con$truct~on - new construction and substantial improvement of any residential structure shall have the lowest floor {including basemen~}t elevated to or above the base tlood elevation. A registered profe~s.ioJldl engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrdloor that the standard of this subsection as pcoposed in Article 4, Section C(l}a., is satisfied. (2) Nonresidential Construction - new construction and substantial improvements of any commercial, indus~rial or other nonresidential structure shall either have the lowest flOOr (including basement) elevated to or ~bOVA 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 effect.s of buoyancy. A regist.ered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the constr~ctlon, and shall certify that the design and me1:hods of construction are in Clccordance with accept.ed standards of practice as outliried in this subsection. A record of such certifica1:ion which includes the specific elevation (in relation ~o mean sea level) to whict such strUC1:ures are floodproofed shall be maintained by the Floodplain P,.dminist ra t Or. (1\ppendix A, page 13 0 17) -~~~~~-,~-~--~--,.,......~~~~~"I~~'- .=--- ~ m_ ...---.- IH ,1; Ii' II ll'II';!lj-rl1iIlllT'-,----r--- -- ---:;~i11m~;ril."-'ITi'l :"" . -:::J.... ....../.- (3) Enolosu~.s - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parki of vehicles, building acceSS or storage in an area other than a basemant and which are subject to flooding shall he designed to automatically equalize hydrostatic flood forc~s on exterior walls by allowing for the entry and exi of floodwaters. Designs for meeting this requirement must either be certi~i by a reqiste~ed professional engineer or architect or meet or exceed the following minimum criteria: , a. A minimum ~f two openings having a total net area of not less than one square inch r~r every sqllace foot of enclosed Qr~d ~ubject to flooding shall be provided. b. The botton of all openings shall be no higher than one foot abo (4 ) Manufactured Homes - grade. c. Openings ~ay be equipped with screens, louvers, valves, or othe coverings or devices p~ovided that they permit the automatic entry and exit floodwaters. a. Require Lh~t all manufactured homes La be placed within Zone A on a coltlllluni't.y's FHBM or FI?.l-l shall be .io.stalled using methods and practices whic minimize flood damage. For the purpose~ of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or latera movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ~ies to ground anchors. This requirement is in additi to applicable State and local anchorinq requirements for resisting wind forces. b. Require that manufactured homes that a't'e placed or substantially improved within Zones AI-JO, AR, and A~ on the community'S Ji.1RM on sites (i) outside of a manufactured home park or subdivision, (iil in a new manufac~ur home park or ~ubdivision, (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 incurrod "substantial daltlage" a a result of a flood, be elevated on a permanent foundation such that the lowest floor of thp- manufactured home is elevated to or above the ba~p- flood elevation and be securely anchored to an adequately anchored foundation syst to resist flotation, collapse, and lateral movement. c. Require that manufactured homes be placed Or substantially improved 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 5ectian be elevated so that either: (i) the lowest floor of the manufactured home is at or above ~he base flood elevation, or (ii) the manufactured home chassis is supported by reinforced pier~ or other foundation elements of at least equivalent strength that are no les than 36 inches in height above grade and be securely anchored to an adequate anchor@d foundation system to resist flotation, collapse, and lateral movemen t . (5) Recr.ational VehielQs - ~equire that recreational vehicles placed sites within Zones Al-30, AH, and AE on the community's ~'!RM either (i) be 0 the site for fewer thar. 180 consecutive days, (ii) be fully licensed and rea for highway use, or (i.:.i) meet the permit I:'equ.i..c'ement$ of A.t:t.l.cle 4, Sec:;Lion C(l), and the elevatio:. and anchoring requirements for "manufactured homes" ' paragraph (4) of this section. A recrea't.ional vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only b (Appendix A, page 14 0 17) ~"~~-------------~-------F 1"'"""""!""TII TJr,tll "II l'I!lrml 1111111~ ,rnmm~~rll>;'~ff'J;:'''--- Sent By: Cole & Dougherty; 713 880 141 7; Jun-9-00 16:14; Page 14/16 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 a, and D of this ordinance. (2) All proposals for the develo~men~ of subdivisions including the p:dcell1ent of manufactured home par;"s and subuivisions shall meet Development Permit requirem€nts of Article 3, Sec~ion C; Article 4, Se~lion C; and the p~oYisions of Article 5 of this ordinance. (~) Base flood elevation d&r.~ shall be generated f.or subdivision proposalS and other proposed deve~cpmen~ including the pl~r.ement 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, SecLion 9 (8) of this ordinance. (4) ALl subdivision propos3ls including the placement of manufactured home parks and subdivisions shall ~ave adequate dratnage provided (0 reduce exposure to flood hazards. (5) All subdivision proposals ~ncludinq the placement of manufactured home parks and ~I.lbdivisions shall have public ut.ilities and facilities such a sewer, gas, electrical and w~ter systems located and constructed to minimize or eliminate flood damage. SECTiON D. STANDARDS]!'OR. AREAS 01' SaALt.05i J'LOODING (AO/AH ZONl!:S) Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have specia flood hazards associated with base flood dept.hs ot 1 to 3 fee~ where a clearl defined channel does not exist and where ehe path of flooding is unpredictabi and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: {I} All new construction and s~bstanti~l improvements of resideQti~ st.ructures have the lo1tlest floor (including basement) elevated above the highest adjacent grade at least as high ~s the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified). (2) All new constr.uction and substantial improvements of non-residentia1 st=uctures; (i) have the lowest floor (including basement) el~vated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (a~ least two feet if no depth number is specified), or; (ii) together with attendant utility and sanitary facilities b~ designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of wate= and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. {3) P. registered professional engineer or architect shall ,submi.t a certification to the Floodplain Admin~st!ator that the standards of this Section, as proposed in Article 4, Section C (l}a., are satisfied. (4) Require withio Zones AH 0= AO adequate drainage paths around structures on slopes, ::0 guide tloc::j war.ers ~r()llnd ,i'ln~ away from proposed {Appendix ~, page IS 0 l7} _..llL_.:L-......-__ ___---'--'-~.~lJ:...l..:l"'".I.L:'l~ - ---r---'-~-----------~-'~!lTI!fm~:fn"'~n'r~~~"--- Sent By: Cole & Dougherty; 713 880 1417; Jun-9-00 16:15; Page 15/16 strUGt.\J res- (Appendix A, pag~ 1.6 0 17) - ---- - --~-----~~-----~ -~~-~-' - 1'_ '_J:il or: , ~_jJ:...",----.-,- ~ _~U.i_..Jl:L_:j.LLJJD1L_1ilIlIlH:: ------ -.T-------,--------.---'~mrmlliljjTrr":l1T::-"-- Sent BY: GOLe ISl. UOUgllt:lI'LY, , ,'-' "'''''''.... I"""TI., CEill.TIFICAUON It is hereby found and declared by (see adopting ordinan~p.) (l.ocal ani l:; I that severe flooding has occurred in the past within its juriSdiction ~nd wi 1 certainly occur within the future; thac flooding is likely to resul~ in infliccion of serious personal injury or death, and is likely to result in substantial injury or destruction of Froperty within its jurisdiction: in order to effectively comply with minimum standards for coverage under the National flood Insurance Program; and in urder to effectively remedy the situation described herein, it is necessary that ~his ordinance become effective immediately. Therefore, an emerqency is hereby decla~ed to exist. and this ordinance, bei necessClry for the immediate preservati.::::n of thp. puhlic peace, health .:lnd safety, shall be in full force and ette~t from and atter it~ passage and approvCl J. . APPROVED; (see adopting ordinauce) ,cQmmun~~y ox~~c~a~) PASSED: (see ar1()Dr~;le~n,]in."'IIl('.el I, the undersigned, theaI:ove ~s a ~ and ~ dJ/.,~I/~LUP":~ . ~ ~. ~-u~ , do hereby certify cor ct copy of aNfordinance duly adopted by the , a~ a regular meeting duly convened On that ~tJ co (SEAL) (Appp-noiK n, page 17 of 17) -~-~-~.I l--;-:-J;il .---:' III ,;J;I~ ' ]1,1 '11!'1 ",11 !.llll_~111 ,11m... ----\------------ ----~-----,~mr~:TIT"':!f'f""<'-