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HomeMy WebLinkAboutO-2004-2714 Requested By: COUNCIL AGENDA ITEM Agenda Date Requested: A ril12 2004 Appropriation Source of Funds: Department: Planning Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibit 1: Ordinance Amount Requested: Exhibit 2: City Survey Budgeted Item: YES NO SUMMARY & RECOMMENDATION The City of La Porte's Flood Damage Prevention Ordinance 1533-A as passed in October 1996 met the minimum standards that the Federal Emergency Management Agency (FEMA) required for participation in the National Flood Insurance Policy (NFIP). Being minimum standards, there was no provision in the ordinance that accounted for any affect to the floodplain or the corresponding waterway that future floodplain development could have on potentially at-risk structures. The current ordinance states that structures be built to the base flood elevation. There is some confusion as to whether that means the existing base flood elevation or the ultimate base flood elevation. As such, the attached ordinance seeks to install a "freeboard" requirement and require that the finished floor elevation for residential habitable structures be elevated one foot above the base flood elevation as it was mapped in 1996. "Freeboard" in this case can be considered a factor of safety or buffer over and above the minimum existing base flood elevation. Installing a freeboard requirement and going above and beyond the minimum standards required by FEMA will allow the City of La Porte to claim credit under the Community Rating System (CRS) and allow for a greater discount in the flood insurance for area homeowners. Currently the City's CRS rating is an 8 which gives La Porte resident's a 10010 discount on their flood insurance. Instituting this 1 foot freeboard will lower the city to a 7 rating allowing homeowners to realize a 15% discount. Higher freeboard requirements of 1.5 feet or greater will likely result in greater discounts on resident's flood insurance premiums. A survey of 16 other Harris County area cities showed that 14 of the 16 did, in fact. have a freeboard requirement. La Porte did not. Per the Assistant City Attorney a public hearing is not required. Action Reauired bv Council: Consider an ordinance amending specific sections of Chapter 94 of the Code of Ordinances hereafter to be called Ordinance. Approved for City Council A2enda +~ -(JV Date EXHIBIT 1 ORDINANCE NO. 04-~ AN ORDINANCE AMENDING CHAPTER 94, FLOODS, DIVISION 3 STANDARDS, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; BY AMENDING SECTION 94-87 SPECIFIC STANDARDS AND SECTION 94-89, STANDARDS FOR AREAS OF SHALLOW FLOODING, PROVIDING A NEW BASE FLOOD ELEVATION OF ONE FOOT ABOVE BASE FLOOD LEVEL; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED A SUM OF NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Legislature of the State of Texas has delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses, and WHEREAS, it is incumbent upon the City of La Porte to adopt regulations consistent with state law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1. Section 94-87. Specific Standards of the Code of Ordinances is hereafter amended to read as follows: Sec. 94-87. Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in section 94-38, subsection 94-62(8) or subsection 94-88(d), the following provisions are required: (1) Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least one foot above the base flood elevation. A registered professional engineer or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection as proposed in subsection 94-64(a)(1), is satisfied. (2) Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above 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 Ordinance 04- :J.. 1/1 Page 2 of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer shall develop and review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specifiC elevation (in relation to mean sea level) to which such structures are flood proofed shall be maintained by the floodplain administrator. (3) Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting requirement must either be certified by a registered professional engineer or meet or exceed the following minimum criteria: a. A minimum of two openings which have a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured homes. a. All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind. Specific requirements shall be: 1. Over-the-top ties at each of the four comers of the manufactured home, with two additional ties per side at intermediate locations and manufactured homes less than 50 feet long requiring one additional tie per side; 2. Frame ties at each comer of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side; 3. All components of the anchoring system capable of carrying a force of 4,800 pounds; 4. Any additions to the manufactured home similarly anchored. 5. Alternate means of anchorage such as those presented in the September 1985 FEMA Manual "Manufactured Home Installation in Flood Hazard Area" may be used if approved by the floodplain administrator. Ordinance 04- c211L Page 3 b. For manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on-sites: 1. Outside of a manufactured home park or subdivision; 2. In a new manufactured home park or subdivision; 3. In an expansion to an existing manufactured home park or subdivision; or 4. In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least one foot above the based flood elevation and be secure anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. c. For manufactured homes to be placed or substantially improved on- sites in an existing manufactured home park or subdivisions within Zones A 1-30, AH and AE on the city's FIRM that are not subject to the provisions of subsection 94-87(4) be elevated so that either: 1. The lowest floor of the manufactured home is at least least one foot above the base flood elevation; or 2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (5) Recreational vehicles. For recreational vehicles placed on-sites within Zones A1-30, AH, and AE on the city's FIRM either: a. Be on the site for fewer than 180 consecutive days; b. Be fully licensed and ready for highway use; or c. Meet the permit requirements of section 94-64 (a) , and the elevation and anchoring requirements for "manufactured homes" in subsection 94-87(4). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. Ordinance 04- 21 f 1 Page 4 SECTION 2. Section 94-89Standards for areas of shallow flooding of the Code of Ordinances of the City of La Porte is hereby amended to read as follows: Sec. 94-89. Standards for areas of shallow flooding. Located within the areas of special flood hazard established in 94-38 are areas designated as areas of shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least one foot above the depth number specified in feet on the city's FIRM (at least two feet if no depth number is specified). (2) All new construction and substantial improvements of nonresidential structures shall: a. Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the city's FIRM (at least two feet if no depth number is specified); or b. 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 of effects of buoyancy. (3) A registered professional engineer shall submit a certification to the floodplain administrator that the standards of this section, as proposed in section 94-64(a)(1), are satisfied. (4) Require within Zones AH or AD adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures. SECTION 3. Section 94-91 Coastal high hazard areas of the Code of Ordinances of the City of La Porte is hereby amended to read as follows: Sec. 94-91. Coastal high hazard areas. Located within the areas of special flood hazard established in section 94-38 are areas designated as coastal high hazard areas (Zones V1-30, VE and for V.) These areas have special flood hazards associated with high velocity waters from tidal Ordinance 04- :L 711_ Page 5 surges and hurricane wave wash; therefore, in addition to meeting all provisions outlined in this article, the following provisions must also apply: (1) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures, and whether or not such structures contain a basement. The floodplain administrator shall maintain a record of all such information. (2) All new construction shall be located landward of the reach of mean high tide. (3) All new construction and substantial improvements shall be elevated on pilings and columns so that: a. The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated at least one foot above the base flood level; b. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval); c. A registered professional engineer shall develop or review the structural design, specification and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of subsections 94-91 (3)a and 94-91 (3)b. (4) Provide that all new construction and substantial improvement have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood latticework, or insect screening intended to collapse and not cause displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than ten and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: a. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and b. The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other Ordinance 04- .p-1 '-4 Page 6 structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval). (5) If breakaway walls are utilized, such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation. (6) Prohibit the use of fill for structural support of buildings. (7) Prohibit manmade alteration of sand dunes and mangrove stands which would increase potential flood damage. (8) Manufactured homes. Manufactured homes placed or substantially improved within Zone V1-30, V and VE on the city's FIRM on sites: a. Outside of a manufactured home park or subdivision; b. In a new manufactured home park of subdivision; c. In an expansion to an existing manufactured home park or subdivision; or d. In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, must meet the standards of subsections 94-91(1) through (7) and that manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision within Zones V1-30, V and VE on the city's FIRM meet the requirements of subsection 94-87(4). (9) Recreational vehicles. For recreational vehicles placed on sites within Zones V1-30, V, and VE on the city's FIRM either: a. Be on the site for fewer than 180 consecutive days; b. Be fully licensed and ready for highway use; or c. Meet the permit requirements of section 94-63 and subsections 94- 91(1) through (7). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. SECTION 4. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of any Zoning Ordinance or amendments thereto, of said City of La Porte, that have accrued at the time of the effective date of this Ordinance; and Ordinance 04- :L 7 f ~_ Page 7 as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and that all existing violations of previous zoning ordinances which would otherwise become non-conforming uses under this Ordinance but shall be considered as violations of this Ordinance in the same manner that they were violations of prior zoning ordinances of said City of La Porte. SECTION 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of 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 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Ordinance 04- ;;"111_ Page 8 SECTION 7. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars ($2,000.00). Each day a violation of this ordinance shall continue shall constitute a separate violation. SECTION 8. This Ordinance shall become effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte a1 least twice within ten (10) days after the passage of the Ord inance. PASSED AND APPROVED THIS THE 0- <1-~A y OF ~. 2004. CITY OF LA PORTE ~MaYOr ATTEST: ~ ' By:. CLU1{~ t1 ARTHA GILLETT, up City Secretary EXHIBIT 2 CITY REQUIRED FREEBOARD (FT) Houston 1 Pearland 1 Brookside Village 1 Friendswood 2 League City 1.5 Webster 1 Nassau Bay 2 Kemah 1.5 Seabrook 1 Shoreacres 1 Deer Park 0 La Porte 0 Pasadena 1 Baytown 1.5 Missouri City 1 l' above top of curb or l' above elevation in Sugarland front of house whichever is greater, reaardless of BFE