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Ord. 0532-08 2023-04-10ORDINANCE NO. 532-8 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict.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 its First Reading this the 27th day of March, A. D., 2023. ___________________________________ J. KEVIN COLE MAYOR DocuSign Envelope ID: 6235879A-ADC6-4F39-8021-A9DCE0B56F63 ORDINANCE NO. 532-8 ATTEST: _________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY PASSED and APPROVED on its Second and Final Reading this the 10th day of April, A.D., 2023. ____________________________________ J.KEVIN COLE MAYOR ATTEST: _________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: _________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 6235879A-ADC6-4F39-8021-A9DCE0B56F63 60.3(d) FLOOD DAMAGE PREVENTION ORDINANCE ARTICLE I 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. 2 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. 3 (8) Ensure that all new construction is elevated sufficiently so that the minimum finished floor elevation is at least 1 (one) foot above the base flood elevation for residential and commercial structures, and minimum 18 inches above the base flood elevation for Critical Structures. (9) Ensure that all the machinery or equipment servicing the building are at least 1 (one) foot above the base flood elevation. (10) Ensure that all new residential construction with an attached garage has a minimum of 1 (one) 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; 4 (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters; (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 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 5 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. 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 MODERATE FLOOD HAZARD – means the land between the limits of the base flood and the 0.2-percent-annual-chance (or 500-year) flood. They are shown on flood maps as zones labeled with the letters B or X (Shaded). 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. 6 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, A1-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. 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; 7 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. CUT - means the excavation of earth or other solid material from below the ground surface elevation prior to or during construction. 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). 8 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). 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. FIVE-HUNDRED (500) YEAR FLOODPLAIN ELEVATION - means the elevation of surface water resulting from a flood that has a 0.2-perent chance of equaling or exceeding that level in any given year. The 500-year floodplain elevation is shown on the flood insurance rate map for zones B and X (shaded). FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: 9 (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. 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. 10 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. 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. 11 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; (b) Directly by the Secretary of the Interior in states without approved programs. INCREASED COST OF COMPLIANCE (ICC) – coverage that provides for the payment of a claim for the cost to comply with State or community floodplain management laws or ordinances after a direct physical loss by flood. When a building covered by a Standard Flood Insurance Policy under 12 the NFIP sustains a flood loss and the community declares the building to be substantially or repetitively damaged, ICC will help pay up to $30,000 for the cost to elevate, floodproof, demolish, or relocate the building. 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. 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". 13 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 VALUE – means the value of a structure as established one of the following: (1) The improvement value assigned to the structure by the central appraisal district for the county in which the structure is located; (2) The computed actual cash value as determined by the FEMA- approved Substantial Damage Estimator (SDE) methodology; (3) 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. MODERATE FLOOD HAZARD – see area of moderate flood hazard 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. 14 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. NO ADVERSE IMPACT (NAI) – is an approach that ensures the action of any community or property owner, public or private, does not adversely impact the property and rights of others. 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. REPETITIVE LOSS - means a building covered by a contract for flood insurance that has incurred flood-related damages on two occasions during a 10-year period ending on the date of the event for which a second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25 percent of the marked value of the building at the time of each such flood event. RIVERINE – means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. SPECIAL FLOOD HAZARD AREA (SFHA) – see Area of Special Flood Hazard START OF CONSTRUCTION - (for other than new construction or substantial 15 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. 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 (including repetitive loss structures), 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 16 (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. 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. 17 SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOODHAZARD The areas of special flood hazard and moderate 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 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. 18 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 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 and moderate 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 19 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 FLOODPLAINADMINISTRATOR 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 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 20 boundaries of the areas of special flood hazards and moderate flood hazard (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 and 500-year floodplain 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 (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 21 completes all of the provisions required by Section 65.12. (11) Assure that all quantities of fill or other added volume in the areas of special flood hazard and moderate flood hazard 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 (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 22 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); (2) Approval or denial of a Floodplain 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 23 the injury of others; (d) The compatibility of the proposed use with existing and anticipated development; 24 (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. (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. 25 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. (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. 26 (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. (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. 27 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 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. 28 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 and moderate 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; 29 (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 a 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. (9) Enclosures below the base flood elevation are useable solely for parking of vehicles, building access, or storage. Owner(s) of new and substantially improved buildings will be required to sign a non-conversion agreement that must be filed with the deed. Enclosures shall be subject to inspection at any time with notice. SECTION B. SPECIFIC STANDARDS In all areas of special flood hazards and moderate flood hazards where base flood elevation and 500-year floodplain 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 30 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. (2) Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall: · 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 plus one foot 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. (3) 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 31 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. (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. (d) Enclosures below the base flood elevation are useable solely for parking of vehicles, building access, or storage. Owner(s) of new and substantially improved buildings will be required to sign a non-conversion agreement that must be filed with the deed. Enclosures shall be subject to inspection at any time with notice. (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. 32 (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, and (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 48 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. 33 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 and 500-year floodplain 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. (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 34 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 one foot above the base flood elevation or the highest adjacent grade, or at least as high as the depth number specified in feet on the community's FIRM plus one foot (at least 3 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 one foot above the base flood elevation or the highest adjacent grade, or at least as high as the depth number specified in feet on the community's FIRM plus one foot (at least 3 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 plus one foot, or below the Base Flood Elevation in an AH Zone plus one foot, 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 35 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) onsite. 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, 36 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 Article5. (3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program 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 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; 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 37 $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 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. 38 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.