HomeMy WebLinkAboutO-1985-1452
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ORDINANCE NO.
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AN ORDINANCE REPEALING CHAPTER 10 1/2 OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORI'E, TEXAS, ENTITLED " FLOOD HAZARD AREA REGULATIONS", AND REPLACING SAID
CHAPTER 10 1/2 BY ENACTING A NEW ORDINANCE, ENTITLED "FLOOD DAMAGE PREVENTION
ORDINANCE"; MAKING FINDINGS OF FACT AND RECITING STATU'IORY AUTHORIZATION FOR
SAID NEW CHAPTER 10 1/2, AND MAKING A STATEMENT OF THE PURPOSES OF SAME; PRO-
VIDING CERI'AIN DEFINITIONS; ESTABLISHING THE LAND WITHIN THE CITY OF LA PORI'E
'IO WHICH THIS ORDINANCE APPLIES, AND THE BASIS FOR WHICH SAID LANDS WERE DETER-
MINED; PROVIDING FOR A FLOOD PLAIN BUILDING PERMIT; PROVIDING THAT NO STRUCTURE
OR lAND SHALL BE IDCATED, ALTERED, OR HAVE I'IS USE CHANGED WITHOUT FULL OOM-
PLIANCE WITH nus ORDINANCE; PROVIDING FOR THE DESIGNATION OF A FLOOD PLAIN
ADMINISTRA'IOR FOR THE CITY OF LA PORI'E, 'ID .AIl-1:INISTER THIS ORDINANCE AND PERMIT
PROCEOORES; PROVIDING FOR A VARIANCE PROCEDURE, 'ID BE AI:MINISTERED BY THE PLANNING
AND ZONING COMMISSIOO OF THE CITY OF LA PORTE; PROVIDING GENERAL AND SPECIFIC
STANDARDS FOR FlOOD PLAIN HAZARD REDUcrIOO, AND STANmRDS FOR AREAS OF SHALLOW
FlOODING; PROVIDING STAND.ARI:S FOR DEVEIDPMENT PROPOSAlS WITHIN THE CITY OF LA
PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY
ClAUSE; PROVIDING A PENAL CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF;
WHEREAS, the legislature of the State of 'lexas has in Article 8280-13,
V. T. C. S., as anended, delegated the responsibility to local governmental
units to adopt regulations designed to minimize flood losses; and
WHEREAS, flood hazard areas of the City of La Porte are subject to periodic
inundation which results in loss of life and property, health and safety hazards,
disruption of camnarce and governmental services, and extraordinary public expendi-
tures for flood protection and relief, all of which adversely affect the public
health, safety and general ~lfare; and
WHEREAS, these flood losses are created by the cumulative effect of 00-
structions in flood plains which cause an increase in flood heights and velocities,
and by the occupancy of flood hazards areas by uses vulnerable to floods and hazar-
dous to other lands because they are inadequately elevated, floodproofed, or other-
wise protected from flood damage; and
WHEREAS, the City Council of the City of La Porte deems it necessary in
order to pranote the public health, safety and general ~lfare and to minimize
public and private losses due to flood conditions in specific areas by provision
designed to:
To protect human life and health;
To minimize expenditure of public money for costly flood control
projects;
To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
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'lb minimize prolonged business interruptions;
Tb minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and se'M9r lines, streets and bridges located in
flood plains;
To help maintain a stable tax base by providing for the sound use and de-
velopment of flood-prone areas in such a manner as to minimize future flood
blight areas; and
To insure that potential buyers are notified that property is in a flood
area; and
WHEREAS, in order to accomplish its purposes, the City Council of the City of
La Porte deems an Ordinance necessary which uses the following I1'ethods:
lEstrict or prohibit uses that are dangerous to health, safety or property
in times of flood, or cause excessive increase in flood heights or
velocities;
Require that uses vulnerable to floods, including facilities which
serve as such uses, be protected against flood damage at the time of
initial construction;
Control the alteration of natural flood plains, stream channels, and
natural protective barriers, which are involved in the accorrmodation of
flood waters;
Control filling, grading, dredging and other development which may in-
crease flood damage;
Prevent or regulate the construction of flood barriers which will un-
naturally divert flood waters of which may increase flood hazards to
other lands.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IA PORTE:
Section 1. ARI'ICLE ONE. STATUIDRY AUTHOR! ZATION, FINDINGS OF FACT, PURPOSE
AND METHOD
SECTION A. STATUTORY AUTHORIZATION
Ttl:! legislature of the State of 'Iexas has in Article 8280-13, V. T. C. S.,
delegated the responsibility to local governmental units to adopt regulations
designed to minimize flood losses. Therefore, the City of La Porte, Harris County,
'Iexas, does ordain as follows:
SECTION B. FINDINGS OF FACT
(1) The flood hazard areas of La Porte are subject to periodic inundation which
results in loss of life and property, health and safety hazards, disruption of can-
rrerce and governnental services, and extraordinary public expenditures for flood
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protection and relief, all of which adversely affect the ~Jblic health, safety and
general welfare.
(2) 'Ihese flood losses are created by the ctmlu1ative effect of obstructions in
flood plains which cause an increase in flood heights and velocities, and by the
occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other
lands because they are inadequately elevated, floodproofed or otherwise protected
from flood damage.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this Ordinance to pranote the public health, safety and
general welfare and to minimize public and private losses due to flood conditions in
specific area by provisions designed:
(1) 1b protect human life and health;
(2) 1b minimize expenditure of public m::>ney for costly flood control
projects;
(3) 1b minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
(4) 1b minimize prolonged business interruptions;
(5) 1b minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets and bridges located in
flood plains;
(6) To help maintain a stable tax base by providing for the sound use and 00-
veloprent of flood-prone areas in such a manner as to minimize future flood
blight areas; and
(7) 1b insure that potential buyers are notified that property is in a flood
area; and
SECTION D. MEl'HODS OF REDUCING FLOOD IDSSES
In order to accomplish its purpose, this Ordinance uses the following methods:
(1) Iestrict or prohibit uses that are dangerous to health, safety or pro-
perty in times of flood, or cause excessive increase in flood heights
or velocities;
(2) Iequire that uses vulnerable to floods, including facilities which
serve as such uses, te protected against flood damage at the time of
initial construction;
(3) Control the alteration of natural flood plains, stream channels, and
natural protective barriers, which are involved in the accomnodation of
flood waters;
(4) Control filling, grading, dredging and other developrent which may in-
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crease flood damage;
(5) Prevent or regulate the construction of flood barriers which will un-
naturally divert flood waters or which may increase flood hazards to
other lands.
ARTICLE 2. DEFINITIONS
Unless specifically defined below, words or phrases used in this Ordinance
shall be interpreted to give them the meaning they have in cammon usage and to
give this Ordinance its most reasonable application.
Appeal-rreans a request for a review of the Flood Plain Administrator's interpretation
ot any provision of this Ordinance or a request for a variance.
Area of Shallow Flooding-rreans a designated 00, All, or va Zore on a comnunity's
r'lOCX1 Insurance Rate Map (FIRM) with a one percent chance or greater annual chance
of flooding to an average depth of one to three feet where a clearly defined chanrel
dces not exist, where the path of flooding is unpredictable and where velocity
flow may be evident. Such flooding is characterized by ponding or sheet flow.
Area of Special Flood Hazard- is the land in the flood plain within a canmunity
SubJect: to a one percent or greater chance of flooding in any given year. '!he area
may be designated as Zone A on the FHBM. After detailed ratemaking has been canpleted
in preparation for publication of the FIRM, Zore A usually is refined into Zones
A, AO, AH, Al-99, VO, or Vl-30.
Base Flood-rreans the flood having a one percent chance of be ing equalled or exceed
ln any glven year.
Breakaway Walls- means any type of walls, whether solid or 1atttice, and whether
constructea ot concrete, masonry, wood, metal, plastic, or any other suitable
building material which are not part of the structural support of the building and
which are so designed to breakaway under abnonna1 riverine, velocit'ies, or high
tides and wave action, if applicable, without damage to the structural integrity
of the building on which they are used or any buildings to which they might be
carried by flood waters.
Coastal High Hazard Areas-rreans the area subject to high velocity waters, including
but not llml tea to hurrlcare wave wash or tsunamis. '!he area is designated on a
FIRM as Zore Vl- 30.
~veloprent-rreans any man-made change to improved or unimproved real estate, in-
clualng but not lirni ted to buildings or other structures, mining, dredging, filling,
grading, paving, excavation, clearing or drill ing operations.
Existing Mobile Hare Park Or Mobile Hare Subdivision-rreans a parcel of land (or
contlguous parcelS) ot lana C11Vldea lnto two or more mobile hare lots for rent or
sale for which the construction of facilities for servicing the lot on which the
mobile hare is to be affixed (including, at a miniml..HI1, the installation of utilities,
either final site grading or the pouring of concrete pads, and the construction of
streets) is ccmp1eted before the effective date of adoption of flood plain management
regulations.
Expansion To An Existing Mobile Hare Park or Mobile Hare Subdivision-means the pre-
paratlOn ot aC1C11tlonal sltes by the constructlon of taC1.l1tles tor servicing the
lots on which the nobile hares are to be affixed (including the installation of
utilities, either final site grading or pouring of concrete pads, or the construction
of streets).
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Flc:x::Xl Boundary-Flc:x::Xlway Map (FBFM)-Maans an offical map of a corrmunity on which
l"eaeral Rlergency Management Agency has delineated the areas of special flood hazard
applicable to the canmunity.
Flood or Flooding""iTeans a general and temporary condition of partial or complete
lhundatlon ot nonnally dry land areas fran:
(1) '!he overflow of inland or tidal waters.
(2) 'Ihe unusual and rapid accumulation of runoff
or surfaoo waters fran any souroo.
Flood Insurance Rate Map (FIRM)""iTeans an official map of a canmunity, on which
the FeC1era.l Elfergency Management Agency has delineated both the areas of special
flood hazards and the risk premium zones applicable to the canmunity.
Flood Insurance Study-is the official report provided by the Federal Emergency
Mahagenent Agency. The report contains flood profiles, the water surface elevation
of the base flood, as well as the Flc:x::Xl Insuranoo Rate Map and the Flood Hazard
Boundary-Floodway Map.
Floodway (Regulatory F100dwaY)""iTeans the channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge the base
flood without cumulatively increasing the water surfaoo elevation more than a de-
signated height.
Habi table Floor""iTeans any floor usable for living purposes, which includes working,
sleeplng, eatlng, cooking or recreation, or a ccmbination thereof. A floor used
for storage purposes only is not a "habitable floor".
Highest Adjacent Grade""iTeans the highest natural elevation of the ground surface
prlor to constructlOn next to the proposed walls of a structure.
Mean Sea Ievel""iTeans the average height of the sea for all stages of the tide.
Mobile Hare""iTeans a structure, transportable in one or more sections, which is
bUl.It on a pennanent chassis and designed to be used with or without a pennanent
foundation when connected to the required utili ties. It does not include recreational
vehicles or travel trailers.
New Mobile Hare Park Or Mobile Hare Subdivision- means a parool of land (or con-
tlgUOUS parcels} of land dlvlded lnto two or more mobile heme lots for rent or
sale for which the construction of facilities for servicing the lot on which the
mobile hare is to be affixed (including, at a minimum, the installation of utilities,
either final site grading or the pouring of concrete pads, and the construction
of streets) is canpleted before the effective date of this ordinance.
Sand Dunes- neans naturally occuring accumulations of sand ridges or mounds land-
ward ot a beach.
Start of Construction""iTeans the first plaooment of permanent construction of a
structure ( other than a mobile hare) on a site, such as the pouring of slabs or
footings or any work beyond the stage of excavation. Eermanent construction does
not include land preparation, such as clearing, grading, and filling; nor does it
include the installation of streets and/ or walkways; nor does it include excavation
for a basement, footings, piers or foundation or the erection of temporary fonns;
nor does it include the installation on the property of acoossory buildings,
such as gargages or sheds not occupied as dwelling units or not as part of the
main structure. For a structure (other than a mobile hare) without a basement or
poured footings, the "start of construction" includes the first pennanent framing
or assembly of the structure or any part thereof on its piling or foundation. For
mobile hares not within a mobile hare park or mobile heme subdivision, "start of
construction" neans the affixing of the mobile hare to its pennanent site. For
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mobile hares within mobile hare parks or mobile hare subdivisions, "start of con-
struction II is the date on which the construction of facilities for servicing the
site on which the mobile hane is to be affixed (including, at a minimum, the con-
struction of streets, either final site grading or the pouring of concrete pads,
and the installation of utilities) is completed.
structure--neans a walled and roofed building, including a gas or liquid storage tank,
that lS principally above ground, as well as a mobile heme.
Substantial Improvem:mt;reans any repair, reconstruction, or improvement of a
structure, tll3 cost of which equals or exceeds 50 percent of the market value of
the structure either, (1) before the improvenent or repair is started, or (2) if
the structure has been damaged and is being restored, before the damage occurred.
For the purposes of this definition "substantial improvement" is considered to
occur when the first alteration of any wall, ceiling, floor, or other structural
part of the building cOlIllences, whether or not that alteration affects the the
external di.mansions of the structure. 'ilie term does not, however, include either
(1) any project for improvenent of a structure to comply with existing State or
local health, sanitary, or safety code specifications which are solely necessary
to assure safe living conditions, or (2) any alterations of a structure listed on
the National Register of Historic Places or a State Inventory of Historic Places.
Variance-is a grant of relief to a person from the requirements of this Ordinance
wmn specific enforcenent would result in unnecessary hardship. A variance,
therefore, permits construction or developnent in a manner otherwise prohibited by
this Ordinance.
ARI'ICLE 3. GENERAL PROVISIONS
SECTION A. IANC6 TO WHICH THIS ORDINANCE APPLIES
This Ordinance shall apply to all areas of special flood hazard within the juris-
diction of the City of La Porte.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazards identified by the Federal Emergency Managenent
Agency in a scientific and engineering report entitled liThe Flood Insurance
Study for the City of La Porte, 'Iexas," dated November, 1984, with accompanying
Flood Insurance Rate Maps and Flood Boundary-F100dway Maps and any revisions
thereto are hereby adopted by reference and declared to be a part of this Ordinance.
SECl'ION C. ESTABLISHMENT OF DEVEWPMENT PERMIT
A D9velopnent Permit shall be required to ensure conformance with the provisions
of this Ordinance.
SECTION D. COMPLIANCE
No structure or land shall hereafter be located, al tered, or have its use changed
without full canp1iance with the terms of this Ordinance and other applicable
regulations.
SECTION E. ABROOATION AND GREATER RESTRICTIONS
This Ordinance is not intended to repeal, abrogate, or impair any existing ease-
ments, covenants, or deed restrictions. However, where this Ordinance and another
conflict or overlap, whichever imposes the more stringent restrictions shall pre-
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vail.
SECTION F. INTERPRETATION
In the interpretation and application of this Ordinance, all provisions shall be:
(a) considered as minimLml requirenents;
(b) liberally construed in favor of the governing body; and
(c) deened neither to limit nor repeal any other powers granted under
State statutes.
SECTION G. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this Ordinance is considered reason-
able for regulatory purposes and is based on scientific and engineering considera-
tions. On rare occasions greater floods can and will occur and flood heights may
be increased by man-made or natural causes. This Ordinance dces not imply that
land outside tre areas of special flood hazards or uses pennitted within such
areas will be free from flooding or flood damages. This Ordinance shall not create
liability on the part of the City of La Porte or any officer or employee thereof
for any flood damages that result fran reliance on this Ordinance or any adminis-
trative decision lawfully made thereunder.
ARI'ICLE 4. AIlo1INISTRATION
SECTION A. DESIGNATION OF FrroD PLAIN AmINISTRATOR
The Director of Comnuni ty I2velopnent for the City of La Porte, Texas, or his
designated representative is hereby appointed as Flood Plain Administrator to
aaninister and implenent the provisions of this Ordinance.
SECTION B. DUTIES AND RESPONSIBILITIES OF THE FLOOD PLAIN ADMINISTRATOR
Duties and responsibilities of the Flood Plain Administrator shall include, but
not be limited to, the following:
(1) Maintain and hold open for public inspection all records pertaining
to the provisions of this ordinance;
(2) Ieview, approve or deny all applications for developnent pennits,
required by adoption of this Ordinance;
(3) Ieview pennits for proposed developnent to assure that all necessary
permi ts have been obtain fran those Federal, State or local govern-
mental agencies (including Section 404 of the Federal Water Pollution
Control Act Anendnents of 1972, 33 U.S.C. 1334) from which prior approval
is required.
(4) Where interpretation is needed as to the exact location of the boundaries
of the areas of special flood hazard (for example, where there appears
to be a conflict between mapped boundary and actual field conditions)
the Flood Plain Administrator shall make too necessary interpretation.
(5) Notify adjacent comnuni ties as well as the Harris County Flood Control
District and tre Texas Water Conmission prior to any alteration or
relocation of a watercourse, and submit evidence of such notification
to the Federal Ehergency Managenent Agency.
(6) Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is
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not diminished.
(7) When base flood elevation data has not been provided in accordance
with Article 3, Section B, the Flood Plain Administrator shall obtain,
review and reasonably utilize any base flood elevation data available
fran the Federal, State, or other source, in order to administer
the provision of Article 5.
SEcrION C. PERMIT PROCEOORES
(1) Application for a r.evelopnent Pemit shall be presented to the Flood
Plain Administrator on fonns furnished by him and may include, but not
be limited to, plans in duplicate drawn to scale showing the location,
d:i.Irensions, and elevation of proposed landscape alterations, existing
and proposed structures, and the location of the foregoing in relation
to areas in special flood hazards. Additionally the following infonnation
is required:
a. Elevation in relation to mean sea level, of the lowest floor (in-
cluding basement) of all proposed structures;
b. Elevation in relation to mean sea level to which any non-residential
structure shall be floodproofed;
c. A certificate fran a registered professional engineer or architect
that the non-residential floodproofed structure shall meet the flood-
proofing criteria of Article 5, Section B (2)
d. r.escription of the extent to which any watercourse or natural drainage
will be altered or relocated as a result of proposed developnent.
(2) Approval or denial of a r.eve10pnant Pemit by the Flood Plain Adminis-
trator shall be based on all of the provisions of this Ordinance and
the following re levant factors:
a. The danger of life and property due to flooding or erosion damarrge;
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 material may be swept onto other lands to the injury
of others;
d. The canpatability of the proposed use with existing and anticipated
developnent;
e. The safety of access to the property in t:i.Ires of flood for ordinary
and emergency vehicles;
f. The cost of providing goverl'1Ilental services during and after flood
conditions including maintenance and repair of streets and bridges,
and public utilities and facilities such as sewer, gas, electrical,
and water systems;
g. The expected heights, velocity, duration, rate or rise and sed:i.Irent
transport of the flood waters and the effects of wave action, if
applicable, expected at the site;
h. The necessity to the facility of waterfront locations, where applicable;
i. '!he availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use;
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j. '!he relationship of the proposed use to the comprehensive plan for
that area.
SECTION D. VARIANCE PROCEDURES
( 1) The Planning And Zoning Camnission of the City of La Porte, as appointed
and established by City Council of the City of La Porte, shall hear and render
judgIrent on request for variances from the requirements of this Ordinance.
(2) Said Planning and Zoning Camnission shall hear and render judgnent on an
appeal only when it is alleged there is an error in any requirement, decision, or
determination made by the Flood Zone Administrator in the enforcement or adminis-
ration of the Ordinance.
(3) Any person or persons aggrieved by the decision of the Planning and Zoning
Ccmnission may appeal such decision in the courts of competent jurisdiction.
(4) 'It'E Flood Plain Administrator shall maintain a record of all actions in-
vol ving an appeal and shall report variances to the Federal Emergency Management
Agency upon request.
(5) Variances may be issued for the reconstruction, rehabilitation or re-
storation of structures listed on the National Register of Historic Places or the
State Inventory of Historic Places, without regard to the procedures set forth
in the remainder of this Ordinance.
(6) Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size contiguous
to and surrounded by lots with existing structures constructed below the base
flood level, providing the relevant factors in Section C (2) of this Article
have been fully considered. As the lot size increases beyond the one-half acre,
the technical justification required for issuing the variance increases.
(7) Upon consideration of the factors noted above and the intent of this
Ordinance, the Planning and Zoning Comnission of the City of La Porte 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 C).
(8) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(9) PTerequisites for granting variances:
a. Variances shall only be issued upon determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
b. Variances shall only be issued upon:
(i)
( H)
Showing a good, sufficient cause;
A determination that failure to grant the
variance would result in exceptional hardship
to the applicant;
A determination that the granting of a variance
will not result in increased flood heights,
addi tional threats to public safety, extra-
ordinary public expense, create nuisances,
cause fraud on or victnnization of the public,
or conflict with existing local laws or Ordinances.
(Hi)
c. Any applicant to whom a variance is granted shall be given written notice
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that the structure will be pennitted to be built with a lowest floor
elevation below the required elevation of t~ feet above the base
flood elevation, and that the cost of flood insurance will be can-
mensurate wi th the increased risk resulting fran the reduced lowest
floor elevation.
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. General Standards
In all areas of special flood hazards the following provisions are required:
( 1) All new construction and substantial improvements shall be anchored
to prevent floatation, collapse or lateral Irovement of the structure;
(2) All new construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage;
( 3) All new construction or substantial improvements shall be constructed
with material and utility equipment resistant to flood damage;
(4) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(5) New and replacement sanitary sewage systems shall te designed to
mlnlmlZe or eliminate infiltration of flood waters into the system
and discharges fran the system into flood waters; and
( 6) On site waste disposal systems shall be located to avoid impaiment
to them or contamination fran them during flooding.
SECTION B. SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data has teen
provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B,
(7), or (iii) Article 5, Section D, (2) the following provisions are required:
(1) Residential construction-new construction or substantial improvenent
ot any reSldentlal Structure shall have the lowest floor, elevated
to a minimum distance of two feet above the base flood elevation. A
registered professional engineer, architect, or land surveyor shall
submit a certification to the Flood Plain Administrator that the stan-
dard of the subsection, as proposed in Article 4, Section C (1)a., is
satisfied.
(2) Non-residential construction-new construction or substantial improve-
ment ot any cOI'l1lrerclaI, lndustrial or other non-residential structure
shall either have the lowest floor, including base:rrent, elevated
to the level of a minimum distance of two feet above the base flood
elevation or, together with attendent utility and sanitary facilities,
be f100dproofed so that below that level the structure is watertight
with walls substantially impermeable to the passage of water and with
structural canponents having the capability of resisting hydostatic
and hydrodynamic loads and effects of buoyancy. A registered pro-
fessional engineer or architect shall subnit a certification to the
Flood Plain Administrator that the standards of this subsection as
proposed in Article 4, Section C (1) (c), are satisfied.
(3) Mobile Hares
a. No mobile hare shall be based in a floodway, or if applicable, a coastal
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high hazard area, except in an existing mobile hare park or existing
mobile home subdivision.
b. All mobile homes shall be anchored to resist floatation, collapse, or
lateral movenent by providing over-too-top and frame ties to ground
anchors. Specific requirenents shall be:
( i) Over-the-top ties at each of the four corners of the mobile home,
with two additional ties per side at intermadiate locations and
mobile hcmes less than 50 feet long requiring one additional tie
per side;
(ii) Frame ties at each corner of the hare with five additional ties per
side at intermadiate points and mobile hanes less than 50 feet long
requiring four additional ties per side;
(iii) All canponents of the anchoring system be capable of carrying a
force of 4,800 pounds;
(iv) Any additions to the mobile hare be similarily anchored.
c. .Iequire that an evacuation plan indicating alternate vehicular access
and escape routes be filed with appropriate Disaster Preparedness
Authori ties for mobile hare parks and mobile hare subdivisions located
within Zone A.
d. For new mobile home parks and subdivisions; for expansions to existing
mobile home parks and subdivisions; for existing mobile hame parks and
subdivisions where the repair, reconstruction or improvenent of the
streets, utili ties and pads equals or exceeds 50 percent of value of
the streets, utili ties and pads before the repair, reconstruction or
improverent has ccmrenced; and for mobile homes not placed in a
mobile home park or subdivision require:
(i) Stands or lots are elevated on canpacted fill or on pilings so
that the lowest floor of the mobile hone will be at a minimum dis-
tance of two feet above the base flood level. A registered profess-
ional engineer, architect, or land surveyor shall submit a certifi-
cation to the Flood Plain Administrator that the standard of this
paragraph canplies with Section B(l) of this Article.
( i i) Adequate surface drainage and access for a hauler are provided; and
( ii i) In the instance of elevation on pilings:
- lDts are large enough to permit steps ~
- Piling foundations are placed in stable soil
no more than ten feet apart; and
- .Ieinforcenent is provided for piers more
than six feet above ground leve 1.
SECTION C. STANDARIl5 FOR DEVEIDPMENT PROPOSALS
(1) All developrent proposals shall be consistent with Article 1, Section B,
C, and D of this Ordinance, as well as with the La Porte revelopnent Or-
dinance.
(2) All proposals for new develo];Xlent shall neet revelo];Xlent ~rmit require-
rents of Article 3, Section C, Article 4, Section C and the provisions
of Article 5 of this Ordinance.
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(3) Base flood elevation data shall be generated for subdivision proposals,
and other proposed develop:nent which is greater than 50 lots or 5 acres,
whichever is lesser, if not otherwise provided pursuant to Article 3,
Section E, or Article 4, Section B (7) of this Ordinance.
(4) All develop:nent proposals shall have adequate drainage provided to reduce
exposure to flood hazard.
(5) All develop:nent proposals shall have public utilities and facilities
such as sew:!r, gas, electrical and water systems located and con-
structed to minimize flood damage.
SECTION D. STANDARI:S FOR AREAS OF SHALLOW FLOODING (AD/AH ZONES)
Located within the areas of special flood hazard established in Article 3, Section
B, are areas designated as shallow flooding. 'fuese areas have special flood hazards
associated with base flood depths of 1 to 3 feet where a clearly defined channel
does not exist and where the path of flooding is unpredictable and where velocity
flow may be evident. Such flooding is characterized by ponding or sheet flow;
therefore, the following provisions apply:
(1) All new construction and substantial improvemants of residential struc-
tures have the lowest floor (including basemant) elevated above the
highest adjacent grade at least as high as the depth number specified
in feet on tb3 ccmnunity's FIRM (at least two feet if no depth number
is specified).
(2) All new construction and substantial improvemants of non-residential
structures:
( i) Have the lo~st floor (including basemant) elevated above the highest
adjacent grade at least as high as the depth number specified in
feet on the canmunity's FIRM (at least two feet if no depth number
is specified), or;
(ii) Tbgether with attendant utility and sanitary facilities be designated
so that below the base flood level the structure is watertight
with walls substantially ~rmeable to the passage of water
with structural canponents having the capability of resisting
hydrostatic and hydrodynamic loads or effects of buoyancy.
(3) A registered professional engineer or architect shall sutmit a certifi-
cation to the Flood Plain Administrator that the standards of this
Section, as proposed in Article 4, Section C (1) a., are satisfied.
(4) Require within Zones AH and NJ, adequate drainage paths around struc-
tures on slopes, to guide floodwaters around and away fran proposed
structures.
SECTION E. FLOOIMAYS
Floodways-located within areas of special flood hazard established in Article 3,
Section B, are areas designated as floodways. Since tb3 floodway is an extremaly
hazardous area due to the velocity of flood waters which carry debris, potential
projectiles and erosion potential, the following provisions shall apply:
(1) Encroachments are prohibited, including fill, new construction, sub-
stantial improvenents and other develop:nent unless certifications by a
registered professional engineer or architect lS provided demonstrating
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that encroachments shall not result in an "adverse effect" on the carrying
capacity of the 100-year flood plain during the occurance of the base
flood discharge.
(2) If Article 5, Section E(l) above is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard
reduction provisions of Article 5.
(3) Prohibit the placerrent of any mobile hone, except in an existing
mobile home park or subdivision.
SECTION F. COASTAL HIGH HAZARD AREAS
Located within the areas of special flood hazard established in Article 3, Section B,
are areas designated as Coastal High Hazard Areas (Zones V). 1hese areas have special
flood hazards associated with high velocity waters fran tidal surges and hurricane
wave wash; therefore, the following provisions shall apply:
( 1) All buildings or structures shall be located landward of the reach of the
mean high tide.
(2) All buildings or structures shall be elevated so that the lowest supporting
member is located no lower than the base flood elevation level, with all
space below the lowest supporting member open so as not to impede the
flow of water, except for breakaway walls as provided for in Section F(8)
of this Article.
(3) All buildings or structures shall be securely anchored on pilings or
columns.
(4) Pilings or columns used as structural support shall be designed and anchored
so as to withstand all applied loads of the base flood flow.
(5) Cbmpliance with provisions contained in Section (2), (3), and (4) shall be
certified by a registered professional engineer or architect.
(6) There shall be no fill used as structural support.
( 7) 1here shall be no alteration of the sand dunes which would increase poten-
tial flood damage.
(8) Breakaway walls shall be allowed below the lowest supporting member provided
they are not part of the structural support of the building and are de-
signed so as to breakaway, under abnonnally high tides or wave action,
wi thout damage to the structural integrity of the building on which they
are to be used.
(9) Prior to construction, plans for any structure that will have breakaway
walls must be sutmitted to the Flood Plain Administrator for approval.
(10) If breakaway walls are utilized, such enclosed space shall not be used for
human habitation.
(11) Any alteration, repair, reconstruction or improvements to a structure
stated after the enactment of this Ordinance shall not enclose the space
below the lowest floor unless breakaway walls are used as provided for in
this section.
( 12) The placem:mt of robile hanes is prohibited, except in an existing robile
hane park or existing mobile hare subdivision.
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Section 2. 'rt1e City Council officially finds, d3termines, recites and
declares that a sufficient written notice of tre date, hour, place and
subject of this maeting of the City Council was posted at a place con-
venient to tre public at the City Hall of the City for tre tine required
by law preceding this maeting, as required by the Open M3etings Law,
Article 6252-17, 'lexas Revised Civil Statutes Annotated; and that this
meeting has been open to the public as required by law at all timas during
which this resolution and tre subject matter trereof has been discussed,
considered, and formally acted upon. The City Council further ratifies,
approves and confinns such written notice and tre contents and posting thereof.
Section 3. If any section, sentence, phrase, clause, or any part of any
section, sentence, phrase, or, clause, of this ordinance shall, for any
reason, be reld invalid, such invalidity shall not affect the remaining
portions of this Ordinance, and it is hereby declared to be tre intention
of this City Council to have passed each section, sentence, phrase or
clause, or part thereof, irrespective of the fact that any other section,
sentence, phrase or clause, or part thereof, may .be declared invalid.
Section 4. MY person, as defined in Section 1.07(27), 'lexas :Eenal Code,
who shall violate any provision of the ordinance, shall be deemad guilty of
a misd3meanor and upon conviction shall be punished by a fine not to exceed
'IWo Hundred I.bllars ($200.00).
Section 5. 'Ihis Ordinance shall be effective fourteen (14) days after
its passage and approval. TIE City Secretary shall give notice of the
passage of this ordinance by causing the caption hereof to be published
in the official newspaper in tre City of La Porte at least twice within
ten (10) days after the passage of this ordinance.
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PASSED AND APPROVED this the /(,;/'day of ~ ' 1985.
CITY OF LA PORI'E
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ATI'EST:
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cnerle ac, 1 y secretary
ARTICLE 1
Section A
Section B
Section C
Section D
ARTICLE 2
ARI'ICLE 3
Section A
Section B
Section C
Section D
Section E
Section F
Section G
ARI'ICLE 4
Section A
Section B
Section C
Section D
ARTICLES 5
Section A
Section B
l.
2.
3.
Section C.
Section D.
Section E.
Section F.
.
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MASTER
FLOOD HAZARD PREVENTION ORDINANCE
OOTLINE
STATUTORY AUTHORIZATION, FINDING OF FACT, PURPOSE
.AND OIDEC'I'I'VE.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Statutory Authorization......................................
Finding Of Fact..............................................
StateITent Of PlJrpose.........................................
Methods Of Reducing Flood Losses.............................
:J::)efini tions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
GENERA.L PROVISIONS...........................................
Lands Tb Which This Ordinance Applies........................
Basis For Establishing The Areas Of Special Flood Hazard.....
Establishment Of Development Permit..........................
Compliance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Abrogation And Greater Restrictions..........................
Interpretation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
warning And Disclaimer of Liability..........................
ADiINISTRA.TION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Designation Of Flood Plain Administrator.....................
Duties And Responsibilities of the Flood Plain Administrator.
l?E!nni t Procedures............................................
Variances Pr'ocedures.........................................
PROVISIONS FOR FLOOD HAZARD REDUCTION........................
~Mral Standards............................................
specific Strandards..........................................
Residential Construction.....................................
Non-Residential Construction.................................
Mobile HCII'e's.................................................
Standards For Subdivision Pr'oposals..........................
Standards For Areas of Shallow Flooding (A)/AH Zones.........
FICX)dways. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Coastal High Hazard Areas....................................
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