Ord. 0532-09 2023-12-11ORDINANCE NO. 532-9
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are hereby repealed, but only to the extent of such conflict.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. Penalty. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more
than Two Hundred Dollars ($200).
Section 6. 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.
DocuSign Envelope ID: 2AF3692E-CA68-4B23-9B51-5BFF49546676
ORDINANCE NO. 532-9
PASSED and APPROVED on its First Reading this the 27th day of November, A. D., 2023.
___________________________________
J. KEVIN COLE
MAYOR
ATTEST:
_________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
PASSED and APPROVED on its Second and Final Reading this the 11th day of December, 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: 2AF3692E-CA68-4B23-9B51-5BFF49546676
For
For
1
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.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote public health, safety, and general
welfare and to minimize public and private losses due to flood conditions in
2
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, 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 the 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 (one) foot above the base
flood elevation for residential and commercial structures or at or
above the 500-year floodplain elevation whichever is higher. In
addition, the minimum finished floor elevation of the Critical
structure shall be a minimum 24 inches above the base flood
elevation or at or above the 500-year floodplain elevation whichever is
higher.
(9) Ensure that all the machinery or equipment servicing the buildings are
at least 1 (one) foot above the base flood elevation or at or above 500-
year floodplain elevation whichever is higher.
3
(10) Ensure that all new residential construction with an attached garage
has a minimum of 1 (one) foot above the base flood elevation or at or
above the 500-year floodplain elevation whichever is higher.
a. The attached garage elevation top of the slab needs to be a
minimum of 1 (one) foot above the base flood elevation or at or
above the 500-year floodplain elevation whichever is higher. If
this cannot be achieved then flood vents will need to be installed
in accordance with Article 5, Section B (4).
(11) Regulate all fill placed in the regulatory floodplain to ensure that the
fill placed below the 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
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.
4
(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 an 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.
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
5
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.
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.
6
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 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.
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.
7
ELEVATION CERTIFICATE – means a statement from an engineer, surveyor,
or architect licensed by the State of Texas on the most current FEMA form
documenting and certifying the elevation of the lowest finished floor of the
structure and machinery or equipment servicing the building relative to the
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).
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).
8
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.
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
9
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 improve 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.
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;
10
(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 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.
11
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".
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
12
(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.
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.
13
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 market 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
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.
14
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
(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.
15
ARTICLE 3
GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall apply to all areas of special flood hazard and moderate flood
hazard within the jurisdiction of the City of Pearland.
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 on the drainage system resulting from the proposed development.
The drainage analysis shall show the 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 a floodplain development permit.
16
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
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.
17
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.
(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 the 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
18
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
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
19
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 areas of Special Flood Hazard and Moderate Flood
Hazard areas.
(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 requires 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 and
moderate 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;
20
(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 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
21
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.
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.
22
(4) The Floodplain Administrator shall maintain a record of all actions
involving an appeal and shall report variances to the Federal Emergency
Management Agency upon request.
(5) Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic Places or the
State Inventory of Historic Places, without regard to the procedures set forth in
the remainder of this ordinance.
(6) 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).
(7) Variances shall not be issued within any designated floodway for new
construction and substantial construction. The Article 5, Section F is applicable.
(8) 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.
(9) Prerequisites for granting variances:
(a) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
(b) Variances shall only be issued upon: (i) showing a good and
sufficient cause; (ii) a determination that failure to grant the
variance would result in exceptional hardship to the applicant, and
(iii) a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or
23
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 or 500 year flood elevation, and
that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation.
(10) Variances may be issued by a 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 or 500-year 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
24
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.
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
25
materials resistant to flood damage;
(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 or at or above the 500-year flood elevation,
whichever is higher, 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 or at or above 500-year floodplain elevation, whichever is
26
higher. A residential structure located outside of the 500-year floodplain
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 at or
above the 500-year floodplain elevation, whichever is higher
together with attendant utility and sanitary facilities,
· Be designed so that below the base flood level plus one foot the
structure or at or above the 500-year floodplain elevation,
whichever is higher, 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 the
basement, all essential plumbing and utilities including duct work, and
any machinery servicing the building), elevated to a minimum of two
feet above the base flood elevation or at or above the 500-year floodplain
elevation, whichever is higher. A registered professional engineer,
27
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.
(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
and Shaded X 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.
28
(b) Require that manufactured homes that are placed or substantially
improved within Zones A1-30, AH, and AE on the community's FIRM on site.
(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 18
inches above the base flood elevation or at or above the 500-year floodplain
elevation, whichever is higher, 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.
SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS
29
(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
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
30
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
In areas 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. Finished
31
floor elevation of pier and beam construction shall be a minimum
of 18” above the base flood elevation or at or above the 500-year
floodplain Elevation, whichever is higher; or
· Approval of Conditional Letter of Map Revision (CLOMR) from FEMA prior
to the construction. The City Engineer may waive the CLOMR
requirement if the developer is able to perform a 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 or at or
above the 500-year floodplain elevation, whichever is higher.
b. A registered professional engineer/ Surveyor or architect shall submit a
current standard FEMA Elevation Certificate (EC) to the floodplain
administrator to indicate the standards of this section for structures in zone
AE. This is required for all new construction and substantially improved
construction.
c. Any fill placed below the 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,
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
32
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
the 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 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 $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
33
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.
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
34
Ordinance to be read on two (2) separate occasions be, and the same is hereby
waived.
AFFIDAVIT OF PUBLICATION
The Reporter News
103 S. Friendswood Dr.
Friendswood, TX 77546
State of Texas
Galveston, Brazoria, and Harris Counties
hereby certify that the appended notice was published in the REPORTER NEWS, a newspaper
of general circulation in Galveston, Brazoria, and Harris Counties, for issues as follow
Reference
No Date 20
No Date: 20
No Date 20
Owner
Subscribed and sworn before me this day of 20
JAMES MICHAEL FOREWAN
Notary 1D #1 32083993
My Commission Expires Notary Public, State of Texas
August 1, 2027 OF
6
1
24
Ordinance 532-9
23
January
December 20
1
6 REPORTER NEWS, December 20, 2023
VISIT US ONLINE AT
WWW.MYREPORTERNEWS.COM
LEGALSLEGALS
LEGALSLEGALS
LEGALSLEGALS
CLASSIFIEDS (281) 485-7501
LEGALSLEGALS
Published December 6, 13, & 20
LEGALSLEGALS
LEGALSLEGALS
LEGALSLEGALS
Published December 13, 20, & 27Published December 13, 20, & 27
NOTICE OF A PUBLIC HEARING OF
THE PLANNING AND
ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
PARTIAL REPLAT OF JC RODRIGUEZ ESTATES (PLAT 23-00140)
Notice is hereby given that on Tuesday, January 16, 2024, at 6:30 p.m., the
Planning and Zoning Commission of the City of Pearland, Counties of Brazoria,
Harris and Fort Bend, Texas, will conduct a Public Hearing in the Council Cham-
bers of City Hall, 3519 Liberty Drive, Pearland, Texas, at the request of Donna
Eckels of Pro-Surv, the applicant; on behalf of Mario Jonathon Moreno, owner;
for approval of a partial replat of JC Rodriguez Estates subdivision creating 2 lots
on 1.001 acres, to wit:
A subdivision of 1.0001 acres of land, being Lot 1 Block 1 of Minor Plat of
JC Rodriguez Estates. A subdivision in Brazoria County, Texas, according to
the Map or Plat thereof, Recorded under Brazoria County Clerk’s File No.
2013006674, Official Public Records, Brazoria County, Texas.
General Location: 13025 Wilke Road, Pearland
At said hearing all interested parties shall have the right and opportunity to ap-
pear and be heard on the subject.
Florence Buaku, AICP
Senior Planner
Published December 20
PUBLIC NOTICE - CITY OF BROOKSIDE VILLAGE
NOTICE OF SEALED BID FOR CITY OF BROOKSIDE VILLAGE’S SALE OF
SURPLUS REAL PROPERTY
Legal Notice – Sale of Surplus City Property
The City of Brookside Village is seeking sealed bids for the sale of city-owned
surplus property described as:
0 Ellis, Pearland, Texas 77581 A0219H T & B R R Section 7 (BROOKSIDE VIL-
LAGE) more particularly described as a 1.638 acre tract out of the 5.476 acre
tract of land described in the deed to the City of Brookside Village as recorded in
Volume 1321, Page 159 in the Brazoria County Deed Records and the metes and
bounds description is the following:
METES AND BOUNDS DESCRIPTION of a 1.638-acre tract in the H. T. & B. R. R.
Co. SURVEY, Section 7, Abstract No. 219 in Brazoria County, Texas. Said 1.638-
acre tract is out of a 5.476- acre tract of land described in a deed to the city of
Brookside village as recorded in volume 1321, page 159 in the Brazoria County
deed records and is more particularly described by meats and bounds as follows:
Beginning at a 5/8- inch iron rod found in the east right-of-way line of Ellis
Rd. (based on a width of 60- feet). Said point is the southwest corner of said
5.476- acre tract and is the northwest corner of a 5.000- acre track described
in a deed to William P Carter and Denise L Carter as recorded in clerks file
number 2016042944 in the Brazoria County Clerk’s Office, from which the point
of intersection of the East line of said Ellis Rd. with the north right-of-way line of
Brookside road (based on a width of 80-feet) bears South 02° 57’35” East, a dis-
tance of 789.00 feet. Said point has a Texas State plane grid coordinate of north
13,780,470.23’, east 3,138,265.80 feet;
THENCE, N 02 ° 57’35” West, along the east line of said Ellis Rd. same being the
West line of said 5.476- acre tract, for a distance of 221.36 feet to a 5/8- inch iron
rod set for the northwest corner of the herein described tract;
THENCE N 72° 03’54” East, along the north line of the herein described tract for
a distance of 286.03 feet to a 5/8- inch iron rod set in the west right-of-way line
of Fairlane Drive (based on a width of 60 feet), same being the East line of the
aforementioned 5.476- acre tract;
THENCE, South 02° 57’35” East, along the West line of said Fairlane Drive, same
being the East line of said 5.476-acre tract, for a distance of 295.15 feet to a 5/8-
inch iron rod found for the southeast corner of said 5.476-acre tract, same being
the northeast corner of the aforementioned 5.000-acre extract;
THENCE, S 87°00’52” West, along the South line of said 5.476-acre tract, same
being the north line of said 5.000-acre tract, for a distance of 276.31 feet to
the POINT OF BEGINNING containing a computed area of 1.638 acres (71,358
square feet)
The sale of the Property shall be awarded, at the discretion of the Brookside
Village City Council, to the bidder submitting a bid in accordance with the terms
outlined in the bid packet and providing the best value to the City. The City re-
serves the right to waive, delete or amend any of the requirements connected to
this bid, and the right to reject all bids.
Sealed bids are to be submitted to the City Secretary of the City of Brookside
Village by the deadline of 12:00 p.m. on the 16th day of January 2024 at 6243
Brookside Road, Brookside Village, Texas 77565. All bids shall be plainly marked
“SEALED BID TO
PURCHASE REAL PROPERTY”. The bids submitted will be officially opened,
read and tabulated at Brookside Village City Council Meeting at 6243 Brookside
Road, Brookside Village, Texas on the 18th day of January 2024 starting at
7:00pm.
For more information and a bid packet, please visit our website at brooksidevil-
lage-tx.org. Questions regarding the notice should be directed to Cleo Rodri-
guez, the City Secretary for the City of Brookside Village, Texas at (281) 485-
3048 or email crodriguez@cobvtx.org for clarifications and questions.
Published December 20 & January 3
The following Ordinance was approved on December 11, 2023:
ORDINANCE NO. 532-9
An Ordinance of the City Council of the City of Pearland, Texas, amending Or-
dinance 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.
For a full copy of the Ordinance, please contact the Office of the City Secretary
at 281.652.1653.
Frances Aguilar, TRMC, MMC
City Secretary
City of Pearland, Texas
Published December 20
CCISD student wins Space Cen-ter Houston Patch Challenge
Baylee Barnwell, a fresh-
man at Clear Lake High
School in Clear Creek ISD,
was chosen as the winner of
the Human Exploration Re-
search Analog (HERA) Cam-
paign 7 Patch Challenge host-
ed by Space Center Houston.
Her patch design was select-
ed to represent the next four
HERA missions.
“I honestly did it for the fun
of it, just to say I entered,” said
Barnwell. “I never thought I’d
end up winning it. But I am
really excited for the opportu-
nity.”
Barnwell participated in the
competition against 50 other
students nationwide through
her art class. They were tasked
with creating a design repre-
senting HERA’s next mission,
called Campaign 7. Patches
are emblems worn by crews
and support staff.
Regarding Barnwell’s
patch, “It’s not just a resume,
this is something that’s going
be in history forever,” said Pe-
ter Storms, Clear Lake High
School art teacher. “You can
look back at any patches
and see the timeline. She has
done something fantastic. She
has gone through and made
something that will be im-
mortalized forever.”
Spaceflight analogs are any
environment that produces
the same or similar effects on
humans as is experienced in
actual spaceflight. HERA at
the Johnson Space Center is
an analog for the isolated and
confined living environment
of a long-duration spaceflight
mission, such as a mission
to Mars. For Campaign 7,
four sets of crews will each
simulate a mission to Mars as
they live and work in HERA’s
650-square-foot habitat for 45
days.
“My dad actually worked
at NASA, so I have always
been interested in space,”
said Barnwell. “If I can do it,
anyone has the opportunity
to enter these competitions
and go further in life than
they ever expected to go.”
Barnwell and her par-
ents were recently given an
in-person tour of the HERA
facility at NASA’s Johnson
Space Center. Clear Lake
High School students and
staff could join Barnwell’s
tour virtually.
HERA Campaign 7 is set
to begin on January 26, 2024.
Barnwell’s patch design is
currently displayed on the
habitat door and will remain
there through December 2024,
when Campaign 7’s last mis-
sion is expected to end. Click
here to learn more about