O-2021-3849 Amending Chapter 94 "Floods" of the Code of Ordinances by adding new definitions and incorporating updated regulations related to flood hazards

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The areas of special flood hazard and moderate flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for City of La Porte, Texas" dated June 18, 2007, with accompanying flood insurance rate maps and/or flood boundary-floodway maps (FIRM and/or FBFM) dated June 18, 2007, and any revisions thereto are hereby adopted by reference and declared to be a part of this article. A true and correct copy of said study and maps is on file in the office of the City Engineer of the City of La Porte. Sec. 94-39. - Methods of reducing flood losses. In order to accomplish its purposes, this article uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. Sec. 94-40. - Abrogation and greater restrictions. This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Sec. 94-41. - Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder. DIVISION 2. - ADMINISTRATION Sec. 94-61. - Designation of the floodplain administrator.