Ord. 0532-01 09-26-9494-035666
501-57-0302
R124191
ORDINANCE NO. 532-1
10/31/94 00255901 R124191 $ 14.00
AN ORDINANCE AMENDING ORDINANCE NO. 532, THE FLOOD HAZARD
PREVENTION ORDINANCE, AT ARTICLE 4, SECTION B(1) AND B(2)
AND ARTICLE 4, AT SECTION D(1) AND (2)(i), FOR THE
PURPOSE OF INCREASING MINIMUM FLOOD ELEVATIONS FROM
"ABOVE THE BASE FLOOD" TO "ONE FOOT ABOVE THE BASE
FLOOD"; PROVIDING FOR A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE, A PENALTY, PUBLICATION, AND
RECORDING.
WHEREAS, Ordinance No. 532, as presently enacted, allows for
construction at or above basic flood elevation; and
WHEREAS, modification of this requirement to require
construction at or above one foot above base flood elevation would
avoid the necessity of mitigation; and
WHEREAS, the enactment of the amendment set forth herein would
enure to the general health, safety, and welfare of populace by
reducing dangers to life and property due to flooding or erosion;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: /4
di
Section 1. That Ordinance No. 532, as the same may have been
from time to time amended, is hereby further amended at Article 4,
Section B, such that, that Article and Section, as amended, shall
hereafter read as follows:
SECTION B.
ARTICLE 4
PROVISIONS FOR FLOOD HAZARD REDUCTION
SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation
data has been provided, as set forth in Article 5, Section B,
Article 3, Section B(8), or Article 4, Section C(4), the following
provisions are required:
(1) Residential Construction. New construction and
substantial improvement of any residential structure
shall have the lowest floor (including basement),
elevated to or above one foot above the base flood
elevation. A registered professional engineer,
architect, or land surveyor shall submit a certification
to the Flood Plain Administrator that the standard of
this subsection, as proposed in Article 3, Section
C(1)a., is satisfied.
(2) Nonresidential Construction. New construction and
substantial improvements of any commercial, industrial or
other nonresidential structure shall either have the
50 I-51-0303
lowest floor (including basement) elevated to or above
one foot above the base flood level or, together with
attendant utility and sanitary facilities, be designed so
that below one foot above the base flood level the struc-
ture is watertight with walls substantially impermeable
to the passage of water and with structural components
having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. A registered
professional engineer or architect shall develop and/or
review structural design, specifications, and plans for
the construction, and shall certify that the design and
methods of construction are in accordance with accepted
standards of practice as outlined in this subsection. A
record of such certification which includes the specific
elevation (in relation to mean sea level) to which such
structures are floodproofed shall be maintained by the
Flood Plain Administrator.
Section 2. That Ordinance No. 532., as the same may have been
from time to time amended, is hereby further amended at Article 4,
Section D, such that, that Article and Section, as amended, shall
hereafter read as follows:
SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING
(AO/AH ZONES)
Located within the areas of special flood hazard established in
Article 5, Section B, are areas designated as shallow flooding.
These areas have special flood hazards associated with base flood
depths of 1 to 3 feet where a clearly defined channel does not
exist and where the path of flooding is unpredictable and where
velocity of flow may be evident. Such flooding is characterized by
ponding or sheet flow; therefore, the following provisions apply:
(1) All new construction and substantial improvements of
residential structures have the lowest floor (including
basement) elevated above the highest adjacent grade at
least as high as one foot above the depth number
specified in feet on the community's FIRM (at least two
feet if no depth number is specified).
(2) All new construction and substantial improvements of
nonresidential structures:
(i) have the lowest floor (including basement) elevated
above the highest adjacent grade at least as high
as one foot above the depth number specified in
feet on the community's 'FIRM (at least two feet if
no depth number is specified);
Section 3. Severabilitv. If any section, subsection, sen-
tence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional by any Court of competent
jurisdiction, such portion shall be deemed a separate, distinct,
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501-5T-0304
and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
Section 4. Savings. All rights and remedies which have ac-
crued in the favor of the City under Ordinance No. 532, and amend-
ments thereto, shall be and are preserved for the benefit of the
City.
Section 5. Violation and Penalty
(1) Any person, firm or corporation who shall violate any of the
provisions of this Ordinance or fail to comply therewith or
who shall violate or fail to comply with any order or
regulations made thereunder, or who shall build in violation
of any detailed statement of specification of plans submitted
and approved thereunder, or any certificate or permit issued
thereunder, shall, for each and every violation and
noncompliance respectively be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined in any sum not less
than $25.00 nor more than $200.00, and each and every day that
such violation or noncompliance shall exist shall be deemed a
separate offense.
(2) But, in case any person, firm or corporation violates any of
the provisions of this Ordinance or fails to comply therewith,
the City of Pearland, in addition to imposing the penalties
provided, may institute any appropriate action or proceedings
in Court to prevent, restrain, correct, or abate or to prevent
any illegal act, conduct, business or use in or about any
land, and the definition of any violation of the terms of this
Ordinance as a misdemeanor, shall not preclude the City of
Pearland from invoking the civil remedies given it by law in
such cases, but same shall be cumulative of and in addition to
the penalties prescribed for such violation.
Section 6. Effective Date and Publication The City Secretary
shall cause this Ordinance, or its caption and penalty, to be
published in the official newspaper of the City of Pearland, Texas,
at least once within ten (10) days after the passage of such
Ordinance. This Ordinance shall become effective ten (10) days
from and after its publication, or the publication of its caption
and penalty, in the official City newspaper.
Section 7. Certification and Recgrding. The City Secretary
is hereby directed to file certified copies of this Ordinance with
the following agencies: State Clearing House -Budget & Planning
Office; Texas Natural Resource Conservation Commission; Federal
Insurance Agency; Houston -Galveston Area Council, and the County
Clerks of Harris and Brazoria.
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501-5T-0305
PASSED and APPROVED on
ATTEST •
r
PAT JONES
CITY SECR
C
ARY
First Reading this the /2.-• day
C. V. COfGER
MAYOR
PASSED and APPROVED on Second and Final Reading this the b
A'. D., 1994.
day of
ATTEST:
PAT JONES,
CITY SEC
ARY
APPROVED AS TO FORM:
CIT
ATTORNEY
C.0 V. COP�N�kS�E�R'
MAYOR
VOTING RECORD (FIRST READING) SEPTEMBER 12, 1994
Voting "Aye" - Councilmembers ffithardson, Weber, Smith, Tetens, and Miller.
Voting "No" - None.
Motion passed 5 to 0. •
VOTING RECORD (SECOND READING) SEPTEMBER 26, 1994
Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and
Voting "No" - None.
Motion passed 5 to 0.
PUBLICATION DATE: OCTOBER 05, 1994
EFFECTIVE DATE: OCTOBER 15, 1994
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND,
TEXAS.
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THE STATE OF TEXAS'.
COUNTY OF HARRIS 1
I hereby ash that this iestrument sits MED in File
Sequence on tdate and at the hme stamped hereon by ntellett
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duly MORRO, in the Official Public Records el RuI NW/ft or
Harris County, Teas on
OCT 3 1 1994
COUNTY CLERK
HARRIS COUNTY. TEXAS
FILED FORRECORD
8:00 AM
OCT 3 1 1994
444114"Y"--)
County Clerk, Harris County, Texas
CITY SECRETARY
CITY OF PEARLAND
3519 LIBERTY DR.
PEARLAND, TX 77581-5416
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