HomeMy WebLinkAboutOrd 1647 - flood damage prevention
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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Texas is hereby repealed.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are repealed to the extent of the conflict only.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;
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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
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713 880 1417;
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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)
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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)
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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)
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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)
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713 880 1417;
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~ (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$nt foundation wh~n connec~ed to the required utilities. The term
"manufactured home" does not include a -!:"@creat.ional vehicle".
(Appendix A, page 5 of 17)
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ImNUTAC'fURBD HCIGt PARK OR SUBDZVISION - means a parcel (or contiguo'Is parcel
of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program
~he National Geode~ic vertical D~~um (NGVD) of 1929 or oth@r datum, ~o which
base flood elevations shown on a community's tlood r~surance Rate Map are
referenced.
NEW CONSTRUCTION - ~eans, for the purpose of determining insurance rates,
structures for which ~he Wstart of construction" co~~enced on or after the
effective date of an initial FIRM or af~er December 31, 1974; whichever is
later, and includes any sub$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)
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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)
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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)
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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)
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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)
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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)
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(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)
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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)
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(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)
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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}
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Jun-9-00 16:15;
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strUGt.\J res-
(Appendix A, pag~ 1.6 0 17)
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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)
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