Ord. 0532-04 10-25-04ORDINANCE NO. 532-4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 532, THE FLOOD HAZARD
PREVENTION ORDINANCE, FOR THE PURPOSE OF UPDATING
ARTLCLE 5, SECTION B; BASIS FOR ESTABLISHING THE AREAS OF
SPECIAL FLOOD HAZARD; PROVIDING A PENALTY FOR VIOLATION;
HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY
CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE; AND DECLARING AN EMERGENCY, AS THE
PROVISION OF NATIONAL FLOOD INSURANCE BEARS DIRECTLY
UPON THE HEALTH, SAFETY, AND WELFARE OF PEARLAND
CITIZENS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
That Ordinance No. 532, the Flood Hazard Prevention Ordinance, as the same may
have been from time to time amended, is hereby further amended for purpose of updating
Article 5, Section B; Basis For Establishing The Areas of Special Flood Hazard, to read as
follows:
"ARTICLE 1
STATUTORY AUTHORIZATION, FINDINGS OF FACT,
PURPOSE AND METHODS
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of Texas has in 8280-13 VRCS delegated the responsibility to
local governmental units to adopt regulations designed to minimize flood losses. Therefore
the City Council of the City of Pearland, Texas does ordain as follows:
SECTION B. FINDINGS OF FACT
(1) The flood hazard areas of the City of Pearland 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.
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ORDINANCE NO. 532-4
(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 areas by
provisions designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets and bridges located in
floodplains;
(6) 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)
Ensure that potential buyers are notified that property is in the flood area.
(8) Regulate all fill in the Floodplain to ensure that all fill placed in the Floodplain
is mitigated by compensating cut material that is removed from the
Floodplain so that no increase in flood levels will result.
SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purpose, this ordinance uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in
times of flood, or cause excessive increases in flood heights or velocities;
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ORDINANCE NO. 532-4
(2) Require that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may increase
flood damage;
(5) Prevent or regulate the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards to other lands.
(6) Ensure that all fill in the Floodplain is mitigated by compensating cut in the
floodplain.
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 for a review of the Floodplain Administrator's interpretation of
any provisions of this ordinance or a request for a variance.
AREA OF SHALLOW FLOODING - means a designated AO, AH, or VO Zone on a
community'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.
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AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community
subject to a one percent or greater chance of flooding in any given year. The area may be
designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed
ratemaking has been completed in the preparation for publication for 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 equaled or
exceeded in any given year.
BASEMENT - means any area of the building having its floor subgrade (below ground
level) on all sides.
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.
CUT — means the excavation of earth or other solid material from below the natural ground
surface elevation prior to or during construction_
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 or storage of equipment or materials.
ELEVATED BUILDINGS - 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 floor 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, and 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 (e) (5) of the National Flood Insurance Program
regulations.
EXISTING CONSTRUCTION - means for the purpose of determining rates, structures for
which the "start of construction" commenced before the effective date of the FIRM or
before January 1, 1975, for FIRMs effective before that date. "Existing construction" may
also be referred to as "existing structures."
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ORDINANCE NO. 532-4
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured
home park or subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including, at a minimum, the installation
of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before the effective date of the floodplain management
regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -
means the preparation of additional sites by the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed (including the installation of
utilities, the construction of streets, and either final site grading or the pouring of concrete
pads).
FILL — means the placement of earth or other solid material above the natural ground
surface elevation prior to or during construction.
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 accumulation or runoff of surface waters from any
source.
FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on
which the Federal Emergency Management Agency has delineated both the areas of
special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY - is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, water surface elevation of the
base flood, as well as the Flood Boundary-Floodway Map.
FLOODPLAIN OR FLOOD -PRONE AREA - means any land area susceptible to being
inundated by water from any source (see definition of flood or flooding).
FLOODPLAIN ADMINISTRATOR - means the City Manager of the City of Pearland or his
designate.
FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective
and preventive measures for reducing flood damage, including but not limited to
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ORDINANCE NO. 532-4
emergency preparedness plans, flood control works and floodplain management
regulations.
FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as a
floodplain ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local regulations, in any
combination thereof, which provide standards for the purpose of flood damage prevention
and reduction.
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, levees or dikes.
These specialized flood modifying works are those constructed in conformance with sound
engineering standards.
FLOOD PROOFING - means any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures and their contents.
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: 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.
HISTORIC STRUCTURE - means any structure that is:
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ORDINANCE NO. 532-4
(a) Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on
the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
(c) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of
Interior; or
(d) Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the
Interior or;
(2) Directly by the Secretary of the Interior in states without approved
programs.
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 a levee, or levees,
and associated structures, such as closure and drainage devices, which are constructed
and operated in accordance with sound engineering practices.
LOWEST FLOOR - means the lowest floor on the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicle,
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 floodplain management purposes,
the term "manufactured home" also includes park trailers, travel trailers, and other similar
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ORDINANCE NO. 532-4
vehicles placed on a site for greater than 180 consecutive days. The term "manufactured
home" does not include a "recreational vehicle."
MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous
parcels) of land divided into two or more manufactured home Tots for rent or sale.
MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
MITIGATE BY COMPENSATING CUT — the process of reducing the impact of the volume
of proposed fill or other volume added in the floodplain, as defined on the official Flood
Insurance Rate Map, to ensure the volume of imported fill does not exceed the volume of
proposed cut or other reduction of volume in the floodplain for the proposed earthwork.
NEW CONSTRUCTION - means, for the purpose of determining insurance rates,
structures for which the "start of construction" commenced on or after the effective date of
an initial FIRM or after December 31, 1974, whichever is later, and includes any
subsequent improvements to such structures. For floodplain management purposes, "new
construction" means structures for which the "start of construction" commenced on or after
the effective date of a floodplain management regulation adopted by a community and
includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads) is
completed on or after the effective date of floodplain management regulations adopted by
a community.
RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400
square feet or less when measured at the largest horizontal projections; (iii) designed to be
self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not
for use as a permanent dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use.
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 permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition, 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
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ORDINANCE NO. 532-4
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. For a substantial
improvement, the actual start of construction means the first alteration of any wall, ceiling,
floor or other structural part of a building, whether or not that alteration affects the external
dimensions of the building.
STRUCTURE - means a walled and roofed building, including a gas or liquid storage tank,
that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would equal or exceed
50 percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or
other improvement of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before "start of construction" of the improvement. This
includes structures which have incurred "substantial damage," regardless of the actual
repair work performed. The term does not, however, include either: (1) Any project for
improvement of a structure to correct existing violations of state or local health, sanitary, or
safety code specifications which have been identified by the local code enforcement official
and which are the minimum necessary conditions or (2) Any alteration of a "historic
structure," provided that the alteration will not preclude the structure's continued
designation as a "historic structure."
VARIANCE - is a grant of relief to a person from the requirement 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).
VIOLATION - means the failure of a structure or other development to be fully compliant
with the community's floodplain 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.
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WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
ARTICLE 3
ADMINISTRATION
SECTION A. DESIGNATION OF FLOODPLAIN ADMINISTRATOR
The Floodplain Administrator is hereby appointed 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 AND 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 permit application to determine whether proposed building site,
including the placement of manufactured homes, will be reasonably safe
from flooding.
(3)
Review, approve or deny all applications for development permits required by
adoption of this ordinance.
(4) Review permits for proposed development to assure that all necessary
permits have been obtained from those Federal, State or local governmental
agencies (including Section 404 of the Federal Water Pollution 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. The
person contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in Section D of this
Article.
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(6) Notify, in riverine situations, adjacent communities and the State
Coordinating Agency which is the Texas Natural Resource Conservation
Commission, prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Emergency Management
Agency.
(7)
(8)
(9)
Assure that the flood carrying capacity within the altered or relocated portion
of any watercourse is maintained.
When base flood elevation data has not been provided in accordance with
Article 5, 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 3.
When 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.
(10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National
Flood Insurance Program regulations, a community may approve certain
development in Zones A1-30, AE, AH, on the community's FIRM which
increases the water surface elevation of the base flood by more than one
foot, provided that the community first applies for a conditional FIRM revision
through FEMA.
(11) Assure that all quantities of fill or other added volume in the Floodplain are
computed and mitigated by an equal or greater quantity of cut or other
reduced volume in the Floodplain.
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ORDINANCE NO. 532-4
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, including the placement of manufactured homes, 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
structure shall be floodproofed;
c. A certificate from a registered professional engineer or architect that
the nonresidential floodproofed structure shall meet the flood proofing
criteria of Article 4, 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 3,
Section (B) (1).
(2) Approval or denial of a Development Permit by the Floodplain Administrator
shall be based on all of the provisions of this ordinance 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 materials may be swept onto other lands to the injury
of others;
d. The compatibility of the proposed use with existing and anticipated
development;
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(3)
e. The safety of access to the property in times of flood for ordinary and
emergency vehicles;
f. The cost 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;
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.
The provisions of this ordinance regulating mitigation of the 100-year
Floodplain shall not apply to developments for which a master drainage plan
has been previously adopted.
SECTION D. VARIANCE PROCEDURES
(1) The Building Board of Adjustment and Appeals as established by the City of
Pearland shall hear and render judgement on requests for variances from the
requirements of this ordinance.
(2) The Building Board of Adjustment and Appeals 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.
(3)
Any person or persons aggrieved by the decision of the Building Board of
Adjustment and Appeals may appeal such decision in the courts of
competent 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.
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(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 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.
Upon consideration of the factors noted above and the intent of this
ordinance, the Building Board of Adjustment and Appeals 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 and D).
(8) Variances shall not be issued within any designated floodway if any increase
in flood levels during the base flood discharge would result.
(9) Variances may be issued for the repair or rehabilitation of historic structures
upon a determination that the proposed repair or rehabilitation will not
preclude the structure's continued designation as a historic structure and the
variance is the minimum necessary to preserve the historic character and
design of the structure.
(7)
(10) 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.
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SECTION A.
In all areas
construction
(1)
(5)
(3)
Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest floor
elevation no more than 0.5 feet 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.
Variances may be issued by a community for new construction and
substantial improvements and for other development necessary for the
conduct of a functionally dependent use provided that (i) the criteria outlined
in Article 3 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.
ARTICLE 4
PROVISIONS FOR FLOOD HAZARD REDUCTION
GENERAL STANDARDS
of special flood hazards the following provisions are required for all new
and substantial improvements:
All new construction or substantial improvements shall be designed (or
modified) and adequately anchored to prevent flotation, collapse or lateral
movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy;
All new construction or substantial improvements shall be constructed by
methods and practices that minimize flood damage;
All new construction or substantial improvements shall be constructed with
materials resistant to flood damage;
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 from entering or accumulating within the components during conditions
of flooding.
All new and replacement water supply systems shall be designed to minimize
or eliminate infiltration of flood waters into the system;
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(6) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the system and
discharge from the systems into flood waters; and,
On -site waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
(7)
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 5, Section B, (ii) Article 3, Section B(8), or (iii) Article 4, Section C(3),
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 to or above one foot 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 3, Section C(1)a., is satisfied.
(2) Nonresidential Construction. New construction and substantial improve-
ments of any commercial, industrial, or other nonresidential structure shall
either have the lowest floor (including basement) elevated to or above one
foot above the base flood level or, together with attendant utility and sanitary
facilities, be designed so that below one foot above 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 usable solely for parking of
vehicles, building access or storage in an area other than a basement and
which are subject to flooding shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of
16
ORDINANCE NO. 532-4
floodwaters. 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 having 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. Require that all manufactured homes to be placed within Zone A on a
community's FHBM or FIRM shall be installed using methods and
practices which minimize flood damage. For the purpose of this
requirement, manufactured homes must be elevated and anchored to
resist flotation, collapse, or lateral movement. Methods of anchoring
may include, but are not limited to, use of over -the -top or frame ties to
ground anchors. This requirement is in addition to applicable State
and local anchoring requirements for resisting wind forces.
b. Require that all manufactured homes that are placed or substantially
improved within Zones A1-30, AH and AE on the community's FIRM
on sites (i) outside of a manufactured home park or subdivision, (ii) in
a new manufactured home park or subdivision, (iii) in an expansion to
an existing manufactured home park or subdivision, or (iv) in an
existing manufactured home park or subdivision on which a
manufactured home has 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 to or above one foot
above the base flood elevation and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse,
and lateral movement.
c. Require that manufactured homes be placed or substantially
improved on sites in an existing manufactured home park or
subdivision with Zones A1-30, AH and AE on the community's FIRM
17
ORDINANCE NO. 532-4
(5)
that are not subject to the provisions of paragraph (4) of this section
be elevated so that either:
(i) the lowest floor of the manufactured home is at or above one
foot above the base flood elevation, or
(ii) 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.
Recreational Vehicles - Require that recreational vehicles placed on sites within
Zones A1-30, AH, and AE on the community's FIRM either (i) be on the site for
fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or
(iii) meet the permit requirements of Article 5, Section C (1), and the elevation and
anchoring requirements for "manufactured homes" in paragraph (4) of this section.
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 C. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals including the placement of manufactured home
parks and subdivisions shall be consistent with Article 1, Sections B, C, and
D of this ordinance.
(2) All proposals for the development of subdivisions including manufactured
home parks and subdivisions shall meet Development Permit requirements
of Article 5, Section C; Article 3, Section C; and the provisions of Article 4 in
this ordinance.
(3)
Base flood elevation data shall be generated for subdivision proposals and
other proposed development including manufactured home parks and
subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if
not otherwise provided pursuant to Article 5, Section B or Article 3, Section
B(8) of this ordinance.
(4) All subdivision proposals including manufactured home parks and
subdivisions shall have adequate drainage provided to reduce exposure to
flood hazards.
18
ORDINANCE NO. 532-4
(5)
All subdivision proposals including the placement of 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 5, Section B, are
areas designated as 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 unpredictable and where velocity of flow may be evident.
Such 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 one foot above the depth number
specified in feet on the community's FIRM (at least two feet if no depth
number is specified).
(2) All new construction and substantial improvement of nonresidential
structures:
(3)
(i)
have the lowest floor (including basement) elevated above the highest
adjacent grade at least as high as one foot above the depth number
specified in feet on the community's FIRM (at least two feet if no
depth number is specified), or;
(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.
A registered professional engineer or architect shall submit a certification to
the Floodplain Administrator that the standards of this Section, as proposed
in Article 3, 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.
19
ORDINANCE NO. 532-4
SECTION E. FLOODWAYS
Floodways - located within areas of special flood hazard established in Article 5, Section
B, are areas designated as floodways. Since the floodway is an extremely hazardous area
due to the velocity of floodwaters 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 it has been demonstrated
through hydrologic and hydraulic analyses performed in accordance with
standard engineering practice that the proposed encroachment would not
result in any increase in flood levels within the community during the
occurrence of the base flood discharge.
(2) If Article 4, Section E(1) above is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard
reduction provisions of Article 4.
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National
Flood Insurance Regulations, a community may permit encroachments within
the adopted regulatory floodway that would result in an increase in base
flood elevations, provided that the community first applies for and receives a
conditional FIRM and floodway revision through FEMA.
(3)
ARTICLE 5
GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall apply to all areas of special flood hazard within the jurisdiction of the
City of Pearland.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency Management
Agency in the most current scientific and engineering report entitled, "Flood Insurance
Study, Brazoria county, Texas and Incorporated Areas, Volume 1 of 2," Juno 5, 1989
September 22, 1999; and "Flood Insurance Study, Harris County, Texas and Incorporated
Areas, Volume 4 3 of 8 7," September 30, 1992 April 20, 2000; and "Flood Insurance
" with
20
ORDINANCE NO. 532-4
accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM
and FBFM) along with preliminary Flood Boundary-Floodway Maps dated September
30, 2004 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 ordinance,
easement, covenant or deed restrictions conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
SECTION F. INTERPRETATION
In the interpretation and application of this ordinance, all provisions shall be: (1) considered
as minimum requirements; (2) liberally construed in favor of the governing body; and (3)
deemed neither to limit nor repeal any other powers granted under State statutes.
SECTION G. WARNING AND DISCLAIMER 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 Pearland or any
official or employee thereof for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made thereunder.
SECTION H. CERTIFICATION BY CITY SECRETARY
21
ORDINANCE NO. 532-4
The City Secretary is hereby directed to file certified copies of this ordinance with the
following agencies: State Clearing House -Budget & Planning Office; Texas Natural
Resource Conservation Commission; Federal Insurance Agency; and Houston -Galveston
Area Council.
SECTION I. VIOLATION AND PENALTY
(1) Any person, firm or corporation who shall violate any of the provisions of this
ordinance or fail to comply therewith or who shall violate or fail to comply with
any order or regulations made thereunder, or who shall build in violation of
any detailed statement of specification of plans submitted and approved
thereunder, or any certificate or permit issued thereunder, shall, for each and
every violation and noncompliance respectively be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined in any sum not less
than $25.00 nor more than $200.00, and each and every day that such
violation or noncompliance shall exist shall be deemed a separate offense.
(2) But in case any person, firm or corporation violates any of the provisions of
this ordinance or fails to comply therewith, the City of Pearland, in addition to
imposing the penalties provided, may institute any appropriate action or
proceedings in Court to prevent, restrain, correct, or abate or to prevent any
illegal act, conduct, business, or use in or about any land, and the definition
of any violation of the terms of this ordinance as a misdemeanor, shall not
preclude the City of Pearland from invoking the civil remedies given it by law
in such cases, but same shall be cumulative of and in addition to the
penalties prescribed for such violation.
SECTION J. ENACTMENT
Savings. All rights and remedies which have accrued in favor of the City under this
Chapter and amendments thereto shall be and are preserved for the benefit of the City.
Severability. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by
any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining
portions thereof.
22
ORDINANCE NO. 532-4
Repealer. All ordinances and parts of ordinances in conflict herewith are hereby
repealed, but only to the extent of such conflict.
Codification. It is the intent of the City Council of the City of Pearland, Texas, that
the provisions of this Ordinance shall be codified in the City's official Code of Ordinances
as provided hereinabove.
Publication/Effective Date. The City Secretary shall cause this Ordinance, or its
caption and penalty, to be published in the official newspaper of the City of Pearland, upon
passage of such Ordinance. The Ordinance shall then become effective ten (10) days
from and after its publication, or the publication of its caption and penalty, in the official City
newspaper.
Declaration of Emergency. The Council finds and determines that the need to
preserve the availability of national flood insurance for the citizens of Pearland, by
complying with current FEMA regulations, bears directly upon the health, safety and
welfare of the citizenry; and therefore this Ordinance shall be adopted as an emergency
measure, and that the rule requiring this Ordinance to be read on two (2) separate
occasions be, and the same is hereby waived."
PASSED and APPROVED on FIRST and ONLY READING this the 25th day of
October , A. D., 2004.
ATTEST:
23
TOM REID
MAYOR
VOTING RECORD FIRST AND ONLY READING
OCTOBER 25, 2004
Voting "Aye" — Councilmembers Tetens, Owens, Viktorin,
Marcott and Cole.
Voting "No" — None.
Motion passes 5 to 0.
PUBLICATION DATE: October 27, 2004
EFFECTIVE DATE: November 7, 2004
ORDINANCE NO. 532-4
APPROVED AS TO FORM
DARRIN M. COKER
CITY ATTORNEY
24
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows:
No. ) Date / d -or) 20 O
___Z ,i
No. Date 20
No. Date 20
No. Date 20
• No. Date 20
Subscribe and sworn to before me. this $ day of a-6-
, 20
LAURA ANN EMMONS
Notary Public, State of Texas
Commission Expires 09-09-2006
L:''ura Ann Emmons, Publisher
Notary Public, State of Texas
0(. 53)-4
blished Oct. 27, 2004
ORDINANCE NO. 532-4
AN ORDINANCE -OF THE.'
' CITY COUNCIL OF THE,
' CITY OF PEARLAND.,
TEXAS, AMENDING'
ORDINANCE NO. 532,;
' THE' FLOOD HAZARD
PREVENTION ORDI-
j NANCE, FOR -THEE
PURPOSE OF UPDATING'
ARTLCLE 5, SECTION B;
• BASIS FOR ESTABLISH
ING :THE AREAS' OF
' SPECIAL .FLOOD:
HAZARD; PROVIDING A
PENALTY FOR VIOLA
TION; HAVING A SAV-
INGS CLAUSE, A'
• REPEALER CLAUSE, A.
SEVERABILITY CLAUSE;
PROVIDING FOR CODIFI-,
CATION, PUBLICATION
AND AN EFFECTIVE,
DATE; AND DECLARING
AN EMERGENCY, AS THE
" PROVISION OF NATION- '
AL-FLOOD:INSURANCE
BEARS —DIRECTLY -UPON
; THE:HEALTH, SAFETY,
AND- WELFARE OF
PEARLAND CITIZENS.
L
SECTION I. VIOLATION
AND PENALTY
' (1)Any person, firm or i
corporation who shall
violate any of the provisions
of this ordinance or fail to ;
comply therewith or who
shall:violate or fail to comply
with'any order or regula•
-
' tions made thereunder, or
, who shall build in violation
of any detailed statement of
specification of plans,sub-
mitted and approved there-
under, or any certificate or
permit issued thereunder,
I shall, for each and.every,
violation and noncompli-,
ance respectivelyi be'
deemed guilty of a'
misdemeanor, and uponi
conviction-thereof_shall_ bei
fined in any sum not less;
• than $25.00 nor more than
$200.00, and each and
every day that such viola-
tion or noncompliance shall
exist shall be deemed a'
, separate offense.
(2)But in case any person,`
firm or corporation violatesa
any of the provisions of this'.i
ordinance or -fails to comply ,
therewith, the ; City of
Pearland, in addition to
imposing the penalties pro-
vided, may institute any
' appropriate action or
, proceedings.in Court to ;
prevent, restrain, correct, or i
° abate or to prevent any
illegal . act, conduct,
business, or use in or about i
ahy land, and the definition
of any violation of the terms
of this ordinance as a.
misdemeanor, shall not
preclude the City of
, Pearland from invoking the
civil remedies given it by
law in such cases, but same . '
Shall be cumulative of and
in addition to the penalties.
prescribed for such viola-
tion.
PASSED and APPROVED
on FIRST and ONLY '
READING this the'25th day
of October , A. D., 2004. ,
' /s/Tom Reid
Mayor
ATTEST:
/s/ Young Lorfing, TRMC'
City Secretary
APPROVED AS TO FORM
/s/ Darin M. Coker
City Attorney
VOTING RECORD FIRST'
AND ONLY READING
LEGALS
OCTOBER•25.2004
Voting "Aye" —
Councilmembers Tetens,.•
Owens, Viktorin,
Marcott and Cole. -
Voting "No" - None.
Motion passes 5 to 0. •
PUBLICATION DATE:
October 27, 2004
EFFECTIVE DATE: •j
November 7, 2004
PUBLISHED •- AS
REQUIRED'BY SECTION
3.10 OF THE CHARTER
OF THE CITY OF
PEARLAND, TEXAS