Ord. 0532-07 2020-11-23ORDINANCE NO. 532-7
An Ordinance of the City Council of the City of Pearland, Texas,
amending Ordinance No. 532, the Flood Damage Prevention Ordinance;
providing a penalty for violation; having a savings clause, a repealer
clause, a severability clause; providing for publication and an effective
date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Ordinance No. 532, the Flood Damage Prevention Ordinance, as
the same may have been from time to time amended, is hereby further amended in
accordance with Exhibit A attached hereto.
Section 2. 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.
Section 3. 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.
Section 4. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed, but only to the extent of such conflict.
Section 5. 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.
PASSED and APPROVED ON FIRST READING this the 9th day of November, A.D., 2020.
VIN COLE
AYOR
ORDINANCE NO. 532-7
ATTEST:
1'l-e- . / -tom'frL
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
2
ORDINANCE NO. 532-7
PASSED and APPROVED ON SECOND AND FINAL READING this the 23rd day of
November, A.D., 2020.
ATTEST:
CRYSTAL ROAN, TRMC, CMC /19-4'
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
3
J.. r, IN COLS
��� OR
VOTING RECORD SECOND AND FINAL READING - November 23, 2020
Voting "Aye" - Councilmembers Orlando, Carbone, Moore, Little,
Perez, Owens.
APPROVED AS TO FORM Motion passes 6 to 0.
PUBLICATION DATE:
7!TIVEDATE:
i s'
December 9, 2020
Deceilaber 19, 2020
Cry al N. Roan, TRMC, CMC
City Secretary
60.3(d)
FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE I
EXHIBIT A
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of Texas has in the Flood Control Insurance Act,
Texas Water Code, Section 16.315, delegated the responsibility of 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.
(2) These flood losses are created by the cumulative effect of obstructions
in floodplains 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 a flood
area.
(8) Ensure that all new construction is elevated sufficiently so that
the minimum finished floor elevation is at least 1 foot above the
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base flood elevation for residential and commercial structures and
minimum 1.5 foot above the base flood elevation for Critical
Structures.
(9) Ensure that all the machinery or equipment servicing the building
are at least 1 foot above the base flood elevation.
(10) Ensure that all new residential construction with an attached
garage has a minimum of 1 foot above the base flood elevation.
(11) Regulate all fill placed in the regulatory floodplain to ensure that
the fill placed below 500-year floodplain (0.2% annual chance flood)
is mitigated by compensating cut material that is removed from the
floodplain so that no increase of flood levels will result.
SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, 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 increase in flood
heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
(3) Control the alteration of natural floodplains, stream channels, and
natural protective barriers, which are involved in the accommodation
of flood waters;
(4) Control filling, grading, dredging and other development which
may increase flood damage;
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(5) Prevent or regulate the construction of flood barriers which will
unnaturally divert flood water, or which may increase flood hazards
to other lands.
(6) Ensures that all new development and construction is regulated
with a set of consistent standards and criteria (City of Pearland
Engineering Design Criteria Manual) aimed at reducing the
potential for flood losses.
(7) Ensure that all fill below 500-year floodplain (0.2% annual chance
flood) is mitigated by compensating equal amount 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.
ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an
alluvial fan or similar landform which originates at the apex and is
characterized by high -velocity flows; active processes of erosion, sediment
transport, and deposition; and unpredictable flow paths.
APEX - means a point on an alluvial fan or similar landform below which the
flow path of the major stream that formed the fan becomes unpredictable and
alluvial fan flooding can occur.
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.
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APPURTENANT STRUCTURE - means a structure which is on the same parcel
of property as the principal structure to be insured and the use of which is
incidental to the use of the principal structure.
AREA OF FUTURE CONDITIONS FLOOD HAZARD - means the land area that
would be inundated by the 1-percent-annual chance (100 year) of flood based
on future conditions hydrology.
AREA OF SHALLOW FLOODING - means a designated AO, AH, AR/AO,
AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a
1 percent or greater annual chance of flooding to an average depth of 1 to 3 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 a
community subject to a 1 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 rate making has been completed in preparation for
publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30,
AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V.
BASE FLOOD - means the flood having a 1 percent chance of being equaled or
exceeded in any given year.
BASE FLOOD ELEVATION (BFE) - The elevation shown on the Flood
Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance
Study (FIS) for Zones AE, AH, Al-A30, AR, or VE that indicates the water
surface elevation resulting from the flood that has a 1% chance of equaling or
exceeding that level in any given year - also called the Base Flood.
BASEMENT - means any area of the building having its floor subgrade (below
ground level) on all sides.
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BREAKAWAY WALL - 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 or supporting foundation system.
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.
CRITICAL FACILITIES - means facilities that materially affect the public
health and welfare. Such facilities include, but are not be limited to:
a. Hospitals, nursing homes, blood banks, health care facilities
including those storing vital medical records, and housing likely to
contain occupants who may not be sufficiently mobile to avoid death or
injury during a flood;
b. Police stations, fire stations, vehicle and equipment storage facilities,
and emergency operations centers that are needed for flood response
activities before, during, and after a flood;
c. Public and private utility facilities that are vital to maintaining or
restoring normal services to flooded areas before, during and after a
flood;
d. Structures or facilities that produce, use, treat, store or dispose highly
volatile, flammable, explosive, toxic, and/or water -reactive materials;
and
e. Drinking water plants and facilities, and wastewater treatment plants
and facilities; and
CUT - means the excavation of earth or other solid material from below the
ground surface elevation prior to or during construction.
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DEVELOPMENT - means any man-made change to 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 BUILDING - means, for insurance purposes, a non -basement
building, which has its lowest elevated floor, raised above ground level by
foundation walls, shear walls, posts, piers, pilings, or columns.
ELEVATION CERTIFICATE - means a statement from an engineer or surveyor
licensed by the State of Texas on the most current FEMA form certifying that
the lowest finished floor of the structure and the lowest elevation of machinery
or equipment servicing the building have been elevated at least 1 foot above
Base Flood Elevation (BFE).
EXISTING CONSTRUCTION - means for the purposes 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."
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).
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FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) - means the federal
agency under which federal floodplain regulations and related programs are
administered.
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; or
(3) a combination of (1) or (2).
FLOOD ELEVATION STUDY - means an examination, evaluation and
determination of flood hazards and, if appropriate, corresponding water surface
elevations, or an examination, evaluation and determination of mudslide (i.e.,
mudflow) and/or flood -related erosion hazards.
FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a
community, on which the FEMA has delineated both the special flood hazard
areas and the risk premium zones applicable to the community, as amended
and supplemented from time to time.
FLOOD INSURANCE STUDY (FIS) - see Flood Elevation Study.
FLOODPLAIN OR FLOOD -PRONE AREA - means any land area susceptible to
being inundated by water from any source (see definition of flooding).
FLOODPLAIN ADMINISTRATOR - means the City Engineer of the City of
Pearland or his designee.
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FLOODPLAIN DEVELOPMENT PERMIT - means a construction permit issued
for any development of a site located within a special flood hazard area.
FLOODPLAIN MANAGEMENT - means the operation of an overall program of
corrective and preventive measures for reducing flood damage, including but
not limited to 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 area 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 - 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 the
height specified for the site in the flood insurance study.
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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.
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:
(1) 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;
(2) 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;
(3) Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the Secretary of
the Interior; or
(4) Individually listed on a local inventory or historic places in
communities with historic preservation programs that have been certified
either:
(a) By an approved state program as determined by the Secretary of
the Interior or;
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(b) 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 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.
- Measure lowest floor elevation
on lop of f ni%'w.d cenc.ri pi
.slab iit the lowest enJoset]
iortion of the structure.
MIN. 12" •--
NICithUre 1• nr>t Ilon: cicvaiicnt
1 LW talr uC liuuc oitiL it: [Le
r lo.,vest enclosed portion o:-the
struertire.
BE.:11. itt oFIt.w•t.l 1<litit Wnu:i
above TIFF
FIFE
— Cullercto Slab
Concrete Slab On Grade
Flour Joist
4 Suppor Bea n
*.
1 —Fooling pier
Elevated Building
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. The
term "manufactured home" does not include a "recreational vehicle".
11
MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or
contiguous parcels) of land divided into two or more manufactured home lots
for rent or sale.
MARKET
following:
(1)
(2)
(3)
VALUE - means the value of a structure as established one of the
The improvement value assigned to the structure by the central
appraisal district for the county in which the structure is located;
The computed actual cash value as determined by the FEMA-
approved Substantial Damage Estimator (SDE) methodology;
An appraisal performed by a certified real estate appraiser licensed
by the Texas Appraiser Licensing and Certification Board; or
(4) Any other similar method acceptable to the City engineer.
Market value shall not include land value.
MEAN SEA LEVEL - means, for purposes of the National Flood Insurance
Program, the North American Vertical Datum (NAVD) of 1988, 2001
Adjustment or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
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.
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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.
REGULATORY FLOODWAY - means the channel of a river or other
watercourse and the adjacent land areas as depicted on FEMA FIRM that must
be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than a designated height.
RIVERINE - means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
SPECIAL FLOOD HAZARD AREA - see Area of Special Flood Hazard
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 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, for floodplain management purposes, a walled and
roofed building, including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
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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. For this purpose of this definition, the market
value refers to the value of the structure immediately prior to the damage.
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 term 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 to assure safe living 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 - means a grant of relief by a community from the terms of a
floodplain management regulation. (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.
WATER SURFACE ELEVATION - means the height of water surface for floods
of various magnitude specifically for 100 year (1 % annual chance flood) as
shown in the FEMA FIRM. The referenced datum shall be consistent with the
datum used in FEMA FIRM panel.
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ARTICLE 3
GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall apply to all areas of special flood hazard with 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 current scientific and engineering report entitled,
"The Flood Insurance Study (FIS), Brazoria County, Texas and Incorporated
Areas, Volume 1 to Volume 3 of 4," dated December 30, 2020 with
accompanying Flood Insurance Rate Maps dated December 30, 2020; "Flood
Insurance Study, Fort Bend County, Texas and Incorporated Areas, Volume 2
of 3" dated January 29, 2021 with accompanying Flood Insurance Rate Maps
dated January 29, 2021; "Flood Insurance Study, Harris County, Texas and
Incorporated Areas, Volumes 4 of 8," dated January 6, 2017 with
accompanying Flood Insurance Rate Maps dated January 06, 2017; 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 Floodplain Development Permit shall be required to ensure conformance with
the provisions of this ordinance. As part of the building permit application, the
developer will be required to submit a drainage impact analysis to demonstrate
15
no impact to the drainage system resulting from the proposed development.
The drainage analysis shall show location of the site, mitigation provision
made, NFIP data such as base flood elevation (BFE), required minimum lowest
finished floor elevation (LFF), and an elevation certification form or elevation
survey for "as -built" construction. A construction plan approved by the
engineering department is considered to be the floodplain development
permit.
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 restriction 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 OR LIABILITY
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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 community or any official
or employee thereof for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made hereunder.
ARTICLE 4
ADMINISTRATION
SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The Floodplain Administrator is hereby appointed to administer and implement
the provisions of this ordinance and other appropriate sections of 44 CFR
(Emergency Management and Assistance - National Flood Insurance Program
Regulations) pertaining to floodplain 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.
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(2) Review permit application to determine whether to ensure that the
proposed building site project, 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 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 Texas Water Development Board
(TWDB) and also the Texas Commission on Environmental Quality
(TCEQ), prior to any alteration or relocation of a watercourse, and
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.
(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 of this
chapter
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(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.
(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 1 foot, provided that the community first
completes all of the provisions required by Section 65.12.
(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.
(12) Enforcing the City's "No Adverse Impact" Floodplain Management
requirements prohibiting the action of one property owner from
adversely impacting the rights of other property owners, as
measured by increased flood peaks, flood stage, flood velocity, and
erosion and sedimentation.
(13) Enforcing the City's "No Adverse Impact" Floodplain Management
requirement based on the historical knowledge related to street and
structural flooding of the area and require additional conditions for
the approval which may include limit dirt placement by
implementing a pier and beam construction requirement, improving
drainage system, etc.
SECTION C. PERMIT PROCEDURES
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(1) Permit application for the proposed development shall be presented to
the Floodplain Administrator via City's permit department 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 as required:
(a) Each sheet in the plans on which elevations are marked shall include
the vertical datum and adjustment, consistent with the effective FIRM,
along with the site benchmark used for vertical control; except that, if
the plan elevations are not on the same vertical datum as the base flood
elevations shown on the effective FIRM, each sheet in the plans on
which elevation are marked shall also show tabulated vertical datum
differences.
(b) Elevation (in relation to mean sea level), of the lowest floor (including
basement) of all new and substantially improved structures;
(c) Elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed;
(d) 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);
(e) Description of the extent to which any watercourse or natural
drainage will be altered or relocated as a result of proposed
development;
(f) Maintain a record of all such information in accordance with Article 4,
Section (B) (1);
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(2) Approval or denial of a Floodplain Development Permit by the Flooplain
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;
(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 floodwaters 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.
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(j) The relationship of the proposed use to the comprehensive plan for
that area.
(3) A floodplain development permit will expire unless the work on the site
authorized by such permit is commenced within 180 days after its issuance, or
if the work authorized on the site by such permit is suspended or abandoned
for a period of 180 days after the time the work is commenced. The floodplain
administrator is authorized to grant, in writing, one or more extensions of time,
for periods not more than 180 days each. The extension shall be requested in
writing and justifiable cause demonstrated.
SECTION D. VARIANCE PROCEDURES
(1) The Construction Board of Adjustment and Appeals as established by
the City of Pearland shall hear and render judgment on requests for variances
from the requirements of this ordinance.
(2) The Building Board of Adjustment and Appeals shall hear and render
judgment 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.
(7) 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 for new
construction and substantial construction. The Article 5, Section F is
applicable.
(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.
[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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(c) Any application to which 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.
(11) 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
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.
Except as provided herein, variance will be limited to rehabilitation, renovation
of existing structure, and shall not be granted for new structures.
SECTION E. INSPECTION
The Floodplain Administrator may inspect all premises subject to this
Chapter at any time before, during or after any new construction or
substantial improvements or other development in order to assure compliance
with all provisions of the development permit and all flood damage
regulations.
SECTION F. STOP WORK ORDERS
Upon notice from the Floodplain Administrator that work on any building,
structure, dike, bridge or any improvement which would affect water drainage
is being done contrary to the provisions of this Chapter, or in a dangerous or
unsafe manner, such work shall be immediately stopped. Such notice shall be
in writing and shall be given to the owner of the property or to his agent, or to
the person doing the work, and shall state the conditions under which work
may be resumed. Where an emergency exists, no written notice shall be
required to be given by the Floodplain Administrator; provided however,
written notice shall follow within 24 hours from the time oral notice to stop is
issued.
SECTION G. REVOCATION OF PERMIT
In coordination with permit department (Building Official), The Floodplain
Administrator may revoke a permit or approval issued under the provisions of
this Chapter in cases where there has been any false statement or
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misrepresentation as to a material fact in the application or plans upon which
the permit or approval was based or unknown/unidentified field conditions
exposes during construction causing the health and life safety issues.
ARTICLE 5
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
Design requirements for all drainage infrastructure, including storm sewers,
channels, detention facilities, and other structures and facilities used to
collect, convey, and store storm runoff, are set forth in the latest approved
version of the City of Pearland Engineering Design Criteria Manual. The City's
Design Standards apply to all areas regardless of location inside or outside of
a special flood hazard area.
In all areas of special flood hazards the following provisions 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 flotation, collapse or lateral
movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy;
(2) All new construction or substantial improvements shall be constructed by
methods and practices that minimize flood damage;
(3) All new construction or substantial improvements shall be designed and
constructed in such a way to avoid the obstruction of the natural flow of
diffused surface water;
(4) All new construction or substantial improvements shall be constructed
with materials resistant to flood damage;
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(5) 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
minimum one foot above the base flood elevation so as to prevent water
from entering or accumulating within the components during conditions of
flooding;
(6) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(7) 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,
(8) 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 (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 and all essential plumbing, hvac units and
utilities, including duct work), elevated to a minimum of one foot above
the base flood elevation. A residential structure located outside of the
effective SFHA shall be elevated to a minimum of one foot above the
edge of street 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.
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(2) Nonresidential Construction - new construction and substantial
improvements of any commercial, industrial or other nonresidential
structure shall:
(3)
• Have the lowest floor (including basement and essential plumbing,
hvac units and utilities, including ductwork) elevated to a
minimum of one foot above the base flood elevation or together
with attendant utility and sanitary facilities,
• Be designed so that below the base flood level the structure is
watertight with walls substantially impermeable to the passage of
water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. This method of flood prevention will not waive the
required stormwater detention and floodplain fill mitigation.
• 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.
Critical Facilities - new construction and substantial improvement of
any Critical Facilities shall have the lowest floor (including basement
and all essential plumbing and utilities, including duct work)), elevated
to a minimum of 18 inches 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.
(4) 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 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 on separate walls having a total net
area of not less than 1 square inch for every square foot of enclosed area
subject to flooding shall be provided.
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(b) The bottom of all openings shall be no higher than 1 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.
(5) 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 purposes 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 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
minimum 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 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 a minimum of
one foot above the base flood elevation, or
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(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.
(6) 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, or (ii) be fully licensed and ready for highway use, or (iii)
meet the permit requirements of Article 4, 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 as well as Article 5, Sections A, and B of this ordinance.
(2) All proposals for the development of subdivisions including the
placement of manufactured home parks and subdivisions shall meet
Floodplain Development Permit requirements of Article 3, Section C; Article 4,
Section C; and the provisions of Article 5 of this ordinance.
(3) Base flood elevation data shall be generated for subdivision proposals
and other proposed development including the placement of manufactured
home parks and subdivisions which is 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.
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(4) All subdivision proposals including the placement of manufactured
home parks and subdivisions shall have adequate drainage provided to reduce
exposure to flood hazards.
(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 3,
Section B, are areas designated as shallow flooding. These areas have special
flood hazards associated with flood depths of 1 to 3 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; therefore, the following provisions apply:
(1) All new construction and substantial improvements of residential
structures have the lowest floor (including basement) elevated to or above the
base flood elevation or the highest adjacent grade at least as high as the depth
number specified in feet on the community's FIRM (at least 2 feet if no depth
number is specified).
(2) All new construction and substantial improvements of non-residential
structures;
(a) have the lowest floor (including basement) elevated to or above the
base flood elevation or the highest adjacent grade at least as high as the depth
number specified in feet on the community's FIRM (at least 2 feet if no depth
number is specified), or
(b) together with attendant utility and sanitary facilities be designed
so that below the base specified flood depth in an AO Zone, or below the Base
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Flood Elevation in an AH Zone, 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 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. STANDARDS FOR AREAS WITHIN SPECIAL FLOOD HAZARD
AREA ZONE AE
In areas of within zone AE, the following additional provisions shall apply:
a. All new and substantially improved construction within zone AE will
require;
• Pier and beam construction with open area below the lowest floor,
allowing for the flow of floodwater beneath the building; or
• Approval of Conditional Letter of Map Revision (CLOMR) from FEMA
prior to the construction. Engineering variance may be accepted if
the developer is able to perform Hydrologic and Hydraulic Analysis
Report to prove no impact to the creek along with the provision of
onsite floodplain fill mitigation and detention mitigation. All new and
substantially improved construction shall have the lowest floor
(including basement and all essential plumbing and utilities,
including ductwork) elevated to one foot above the base flood
elevation.
b. A registered professional engineer/ Surveyor or architect shall submit
a current standard FEMA Elevation Certificate (EC) to the floodplain
administrator to indicate that the standards of this section for structures
in zone AE, zone X, or shaded zone X or satisfied. This is required for all
new construction and substantially improved construction.
c. Any fill placed below effective 500-year floodplain shall be mitigated at
a rate of 1:1 (fill volume: cut volume) on site.
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d. The construction plan shall show the benchmarks and datum used for
the project as well as the benchmark shown on FEMA FIRM along with
the tabulated vertical datum differences.
SECTION F. FLOODWAYS
Floodways - 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 within the adopted
regulatory floodway 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. Approval of Conditional
Letter of Map Revision (CLOMR) from FEMA shall be required prior to
the approval of construction plan.
(2) If Article 5, Section F (1) above is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard
reduction provisions of Article 5.
(3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the
National Flood Insurance Program Regulation-s, 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 completes
all of the provisions required by Section 65.12.
SECTION G. CERTIFICATION BY CITY SECRETARY
The City Secretary is hereby directed to file certified copies of this ordinance
with the following agencies: State Clearing House -Budget & Planning Office;
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Texas Commission on Environmental Quality (TCEQ); Federal Insurance
Agency; and Houston - Galveston Area Council.
SECTION H. 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 I. 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
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deemed a separate, distinct, and independent provision and such holding
shall not affect the validity of the remaining portions thereof.
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.
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