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HomeMy WebLinkAboutO-1987-1533 ARTICLE 1 Section A Section B Section C Section D ARTICLE 2 ARTICLE 3 Section A Section B Section C Section D Section E Section F Section G ARTICLE 4 Section A Section B Section C Section D ARTICLE 5 . . CITY OF LA PORTE, TEXAS:" ORDINANCE NO. 1533 FLOOD DAMAGE PREVENTION ORDINANCE TABLE OF CONTENTS PAGE STATUTORY AUTHORIZATION, FINDING OF FACT, PURPOSE AND OBJECTIVE.. ........ .1-2 Statutory Authorization . Finding of Fact . . . . . . Statement of Purpose. . . Methods of Reducing Flood Losses . . . . . . .3 . .. . 3 . . . .3-4 . . .4 DEFINITIONS . . . . . . . .5- 10 .11-12 GENERAL PROVISIONS. . Lands to Which This Ordinance Applies. . . . .11 Basis for Establishing the Areas of Special Flood Hazard. . . . . . . . . . . . . . . . .11 Establishment of Development Permit.. . .11 C omp 1 i an c e. . . . . . . . . . . . . .. .. 11 Abrogation and Greater Restrictions ... .11 Interpretation. . . . . . . . . . . . . . . . .11 Warning and Disclaimer of Liability. . . . . .12 ADMINISTRATION. . . . . . . . .13-17 Designation of Flood Plain Administrator. . . .13 Duties and Responsibilities of the Flood Plain Administrator. .. .......... .13-14 Permit Procedures. . . . . . . . . . . . . . .14-15 Variances Procedures. . . . . . . .. .. .15-17 PROVISIONS FOR FLOOD HAZARD REDUCTION . . .18-24 Section A General Standards . . . . . . . . . . . . . . .18 Section B Specific Standards. . . . . . . . . . . . . . .18 1 Residential Construction. . . . . . . .19 2 Non-Residential Construction. . . . . . . . 19 3 Enclosures . . . . . . . . . . . . . . . . . . . 19 4 ~ianufactured Homes. . . . . . . . . . .20 Section C Standards for Development Proposals . . . . . .21 Section D Standards for Areas of Shallow Flooding (A)/AH Zones . . . . . . . . . . . .21-22 Section E Floodways . . . . . . . . . . . . . . . . . . .22 Section F Coastal High Hazard Areas . . . . . . . . . . .22-24 . ORDINANCE NO. 1533 . AN ORDINANCE AMENDING CHAPTER 10 1/2, ENTITLED "FLOOD DAMAGE PREVENTION ORDINANCE"; MAKING FINDINGS OF FACT AND RECITING STATUTORY AUTHORIZATION FOR SAID CHAPTER 10 1/2, AND MAKING A STATEMENT OF THE PURPOSES OF SAME; PROVIDING CERTAIN DEFINITIONS; ESTABLISHING THE LAND WITHIN THE CITY OF LA PORTE TO WHICH THIS ORDINANCE APPLIES AND THE BASIS FOR WHICH SAID LANDS WERE DETERMINED; PROVIDING FOR A FLOOD PLAIN DEVELOPMENT PERMIT; PROVIDING THAT NO STRUCTURE OR LAND SHALL BE LOCATED, ALTERED, OR HAVE ITS USE CHANGED WITHOUT FULL COMPLIANCE WITH THIS ORDINANCE; PROVIDING FOR THE DESIGNATION OF A FLOOD PLAIN ADMINISTRATOR FOR THE CITY OF LA PORTE, TO ADMINISTER THIS ORDINANCE AND PERMIT PROCEDURES; PROVIDING FOR A VARIANCE PROCEDURE, TO BE ADMINISTERED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE; PROVIDING GENERAL AND SPECIFIC STANDARDS FOR FLOOD PLAIN HAZARD REDUCTION, AND STANDARDS FOR AREAS OF SHALLOW FLOODING; PROVIDING STANDARDS FOR DEVELOPMENT PROPOSALS WITH 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 Texas has in Article 8280-13, V. T. C. S., as amended, delegated the respons ibi 1 i ty 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 commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare; and WHEREAS, these flood losses are created by the cumulative 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; and WHEREAS, the City Council of the City of La Porte deems it necessary in order to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provision designed: -1- Ordinance 1533 con~ued . 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; To minimize prolonged business interruptions; To 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; To help maintain 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 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 methods: Restrict 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 al ter'ation of natural flood plains, stream channels, and natural protecti ve barriers, which are involved in the accommodation of flood waters; Control filling, grading, dredging and other development which may increase flood damage; Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters of which may increase flood hazards to other lands. -2- Ordinance 1533 con~ued . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, SECTION 1. Chapter 10 1/2, entitled "Flood Damage Prevention Ordinance" of the Code of Ordinances of the City of La Porte, is hereby amended to read as follows, to wit: ARTICLE 1. STATUTORY AUTHORIZATION, FINDING OF FACT, PURPOSE AND METHODS SECTION A. STATUTORY AUTHORIZATION The Legislature of the State of Texas 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, Texas, 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 commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are created by the cumulative 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 promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific area by provisions designed: -3- Ordinance 1533, Ar~le 1 continued . (1) To protect human life and health; (2) To minimize expendi ture of public money for costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To 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 development of flood-prone areas in such a manner as to minimize future flood blight areas; and (7) To insure that potential buyers are notified that property is in a flood area; SECTION D. METHODS OF REDUCING FLOOD LOSSES In order to accompl ish its purpose, this Ord inance uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessi ve increase in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve as such uses, be 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 accommodation of flood waters; (4) Control fi 11 ing, grad ing, 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. -4- e 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 common usage and to give this ordinance its most reasonable application. APPEAL - means a request to the Appeal Board for a review of the Flood Plain Administrator's interpretation of any provision of this ordinance or a request for a variance. APPEAL BOARD - means the Planning and Zoning Commission of La Porte AREA OF SHALLOW FLOODING - means a designated AO, AH, or VO zone on La Porte's Flood 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 channel does 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 floodplain within La Porte subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, A1-99, VO, V1-30, VE or V. BASE FLOOD - means the flood having a one percent chance of being equalled or exceeded in any given year. BREAKAWAY WALLS - means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building of supporting foundation system. COASTAL HIGH HAZARD AREA - means the area subject to high velocity waters, including but not limited to hurricane wave wash or tsunamis. The area is designated on a FIRM as Zone V1-30, VE or V. CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT - means any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. -5- Ordinance 1533, Ar~e 2 (Definitions), conti~d ELEVATED BUILDING - means a nonbasement building (i) built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal 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 flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 60.3 (d) (5) of the National Flood Insurance Program regulations. EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before November 1, 1975, the effective date of the FIRM. "Existing construction" may also be referred to as "existing structures." FLOOD BOUNDARY-FLOODWAY MAP (FBFM) - means an official map of La Porte on which Federal Emergency Management Agency has delineated the areas of special flood hazard applicable to La Porte. FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters. (2) the unusual and rapid accumulat ion or runoff of surface waters from any sourse. FLOOD INSURANCE RATE MAP (FIRM) - means an official map La Porte, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to La Porte. FLOOD INSURANCE STUDY is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles water surface elevations of the base flood, as well as the Flood Boundary-Floodway Map and the Flood Insurance Rate Map. -6- Ordinance 1533, Ar~le 2 (Definitions), conti~ed FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOOD PROTECTION SYSTEM - means those physical structural 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 associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOODWAY (REGULATORY FLOODWAY) - means 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 surface elevation more than a designated height. FUNCTIONALLY DEPENDENT USE - means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. HABITABLE FLOOR - means any floor usable for the following purposes; which inlcudes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage purposes only is not a "habitable floor." HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. LA PORTE - means the City of La Porte, Texas. LEVEE - means a man-made structure, 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 levee, or levees, and associated structures, such as closure and drain devices, which are constructed and operated in accordance with engineering practices. -7- Ordinance 1533, Art~e 2 (Definitions), conti~d LOWEST 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 basement area is not considered a building's lowest floor; provided 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 of the National Flood Insurance Program regulations. MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles, nor does it include modular homes. MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel of land (or continguous parcels of land) divided into two or more manufactured home lots for which the facilities serving the lots (including but not limited to concrete pads, utilities, streets and drainage) have been completed. A manufactured home park offers lots for rent or lease. A manufactured home subdivision offers lots for sale. MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 (1973 releveling), to which base flood elevations shown on La Porte's Flood Insurance Rate Map are referenced. MODULAR HOMES - means a dwelling that is constructed, in conformance wi th the Texas Manufactured Housing Standards Act, in one or more modules at a location other than the homesite, or is constructed utilizing one or more modular components (i.e. a structural portion of said dwelling), and which is designed to be used as a permanent residence when the modular components or modules are transported to the homesite and are joined together, or are erected, and installed on a permanent foundation system, together with associated plumbing, heating, air-conditioning, and electrical systems. Said "modular home" shall bear the seal (as defined by said Act) of the Texas Department of Labor and Standards. For the purposes of this ordinance, a modular home bearing such seal is considered to offer resistance to flood damage equivalent to that of a site-built home constructed in accordance with the City Building Code. NEW CONSTRUCTION means, for flood plain management purposes, structures for which the "start of construction" commenced on or after the effecti ve date of a flood plain management regulation adopted by La Porte. -8- Ordinance 1533, Ar~le 2 (Definitions), conti~ed START OF CONSTRUCTION (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permi t was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days 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 footings, 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 of. streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. 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. SUBSTANTIAL IMPROVEMENT means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50$ of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purpose 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 commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local heal th, sanitary, or safety code spec ifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listing 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 when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) -9- Ordinance 1533, Art~e 2 (Definitions), conti~d VIOLATION - means the failure of a structure or other development to be fully compliant with La Porte's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (1973 releveling) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas. -10- e ARTICLE 3. GENERAL PROVISIONS . SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES This Ordinance shall apply to all areas of special flood hazard within the jurisdiction 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 Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the City of La Porte, Texas," dated November 1, 1985, with accompanying Flood Insurance Rate Maps (FIRM) and Flood Boundary-Floodway Maps (FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this Ordinance. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be required to ensure conformance with the provisions of this Ordinance. SECTION D. COMPLIANCE No structure or land shall 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 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: (a) considered as minimum requirements; (b) liberally construed in favor of the governing body; and (c) deemed neither to limit nor repeal any other powers granted under State statutes. -11- e I . Ordinance 1533, Article 3 (General Provisions), continued SECTION G. WARNING AND DISCLAIMER OF 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 the part of the City of La Porte or any officer or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. -12- . ARTICLE ~. . ADMINISTRATION SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATION The Director of Community Development for La Porte, of his designated representative is hereby appointed the Floodplain Administrator to administer and implement the provisions of this Ordinance and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to flood plain management. SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties and responsibilities of the Floodplain 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) Review Development Permit applications to determine whether proposed building sites will be reasonably safe from flooding. (3) Review, approve or deny all applications for Development Permits required by adoption of this Ordinance. (4) Review Development Permits for proposed development to assure that all necessary permits have ben 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 boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Harris County Flood Control District and the Texas Water Commission, prior to any alteration or relocation of a watercourse. Submit evidence of such notification to the Federal Emergency Management Agency. (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. -13- Article 4, Adminis~tion, continued . (8) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 5. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, .unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. SECTION C. PERMIT PROCEDURES (1) Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, and the location of the 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 basement) of all new and substantially improved structures; b. Elevation in relation to mean sea level to which any nonresidential sructure shall be floodproofed; c. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5, Section B(2); d. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. e. Maintain a record of all such information in accordance with Article 4, Section (B)(1). -14- Ordinance 1533, Ar~le 4 (Administration), cO~lnued (2) Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this Ordinace and the following relevant factors: a. The danger to life and property due to flooding or erosion damage; b. The 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 compatibility of the proposed use with existing and anticipated development; e. The safety of access to the property in 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 and facilities such as sewer, gas, electrical and water systems; g. The expected heights, velocity, duration, rate of rise and sediment 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; i. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; j. The relationship of the proposed use to the comprehensive plan for that area. SECTION D. VARIANCE PROCEDURES (1) The Planning and Zoning Commission of La Porte, as appointed and established by the City Council of La Porte, is designated the Appeal Board and shall hear and render judgement on requests for variances from the requirements of this ordinance. (2) The Appeal Board shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Ordinance. -15- Ordinance 1533, Ar~le 4 (Administration), colltnued (3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competant jurisdiction. (4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (5) Variances may be issued for the reconstruction, rehabilitation or restoration 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) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size continuous 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 Appeal Board may attach such conditions to the granting of variances at it deems necessary to further the purpose and objective 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) Prerequisites for granting variances: a. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. b. Variances shall only be issued upon, (i) showing a good and sufficient cause; (ii) a determination that failure 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 public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or Ordinances. -16- Ordinance 1533, Ar~e 4 (Administration), cOilinued . c. Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (10) Variances may be issued by a La Porte 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 structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. -17- . ARTICLE 5. . PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In all areas of special flood hazards the following provlslons are required for all new construction and substantial improvements. (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent floatation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction of substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water form entering or accumulating within the components during conditions of flooding; (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters; and, (7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flOOding. SECTION B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B(8), or (iii) Article 5, Section C(4), the following provisions are required: -18- Article 5, provision4l(or Flood Hazard Reductio~continued (1) Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including Basement), elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Article 4, Section C(1)a., 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 abov the base flood level or, together with attendent 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 effects of buoyancy. A registered professional engineer or architect shall develop and/or 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 floodproofed 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 this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria. (a) A minimum of two openings 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. -19- Ordinance 1533, Arti~ 5 (Flood Hazard Reductio~, continued (4) Manufactured Homes (a) All manufactured homes shall be anchored to resist floatation, collapse, or lateral move~ent by providing over-the-top and frame ties to ground anchors. Specific requirements shall be: (i) Over-the-top ties at each of the four corners of the manufacutured home, with two additional ties per side a~ intermediate locations and manufactured homes less than 50 feet long requiring one additional tie per side; (ii) Frame ties at each corner 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; (iii) All components of the anchoring system capable of carrying a force of 4,800 pounds; (iv) Any additions to the manufactured home similarily anchored. (v) 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 Flood Plain Administrator. (b) For manufactured homes placed or substantially improved in Zone A1-30, AH or AE after the effective date of this Ordinance it shall also be required that . (i) stands of lots are elevated on a permanent foundation so that the lowest floor of the manufactured home will be at or above the base flood level. A registered professional engineer, architect, or land surveyor shall submit a certification to the Flood Plain Administrator that the standard of this paragraph complies with Section B(1) of thie Article; (ii) in the instance of elevation of pilings: Lots are large enough to permit steps; Piling foundations are placed in stable soil no more than ten feet apart; and Reinforcement is provided for piers more than six feet above ground level. -20- Ordinance 1533, Arti~ 5 (Flood Hazard Reducti04lt, continued SECTION C. STANDARDS FOR DEVELOPMENT PROPOSALS (1) All development proposals including manufactured home park and development shall be consistent with Article 1, Sections B, C, and D of this Ordinance. (2) All proposals for developments including manufactured home parks and subdivisions shall meet Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions or Article 5 of this Ordinance. (3) Base flood elevation data shall be generated for subdivision proposals and other proposed developments including manufactured home parks and subdivisions, which are greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B(8) of this Ordinance. (4) All development proposals including manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (5) All development proposals including manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as Areas of Shallow Flooding. These 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 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 as high as the depth number specified in feet on La Porte's FIRM (at least two feet if no depth number is specified). (2) All new construction and substantial improvements of nonresidential structures; (i) have the lowest floor (inclUding basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on La Porte's FIRM (at least two feet if no depth number is specified), or; -21- Ordinance 1533, Arti4lf 5 (Flood Hazard Reducti1lt continued (ii) 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 or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C (1)a., are satisfied. (4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. SECTION E. FLOODUAYS Located within areas of special flood hazard established in Article 3, Section B, are areas designated as Floodways. Since the Floodway is an extremely 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, substantial improvements and other development unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge. (2) If Article 5, Section E (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5 . 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 V1-30, VE and/or V.) These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, in addition to meeting all provisions outlined in this Ordinance, the following provisions must also apply: -22- Ordinance 1533, Arti~ 5 (Flood Hazard Reducti04lt continued (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: (i) the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level; (ii) 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 loading acting simultaneously on all building components. Wind and water loading valves shall each have a one percent change of being equalled or exceeded in any given year (100-year mean recurrence interval); (iii) a registered professional engineer or architect 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 (3)(i) and (ii) of this section. (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 lattice-work, or insect screening intended to collapse, 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 10 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: -23- Ordinance 1533, Arti~ 5 (Flood Hazard Reducti1lt continued (i) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (ii) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other 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 one percent change of being equalled 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 man-made alteration of sand dunes and mangrove stands which would increase potential flood dam~ge. -24- Ordinance 1533, co~nued . SECTION 2. 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 preceeding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this resolution 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. SECTION ~. 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, and it is hereby declared to be the 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 clase, or part thereof, may be declared invalid. SECTION ~. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provision of the Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). -25- Ordinance 1533, A~le 5 (Flood Hazard Reduc~n) continued SECTION S. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this Ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this Ordinance. PASSED AND APPROVED this the r~ day of ~ , 1987. CITY OF LA PORTE By: t~/v'7//(~~ Norman Malone, Mayor ATTES~ ~ Cherie Black City Secretary -26- Ordinance 1533, co~nued . CERTIFICATE regular , do hereby certify true and correct copy of an Ordinance duly Council of La Porte, Texas, at a (.Local Unit) meeting duly convened on I, the undersigned, that the above is a adopted by the City (Date) (Secretary or Responsible Person) (SEAL) -27-