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Ord. 0532 02-23-87921051 .14 R124190 ORDINANCE N0. 532 It1/31/?4 002555130 R124190 $ 40.00 501-57-0284 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR MENTSOFTUTORY PURPOSEUANDR METHODS FINDINGS OF FACT, STATE- OF REDUCING FLOOD LOSSES; CONTAINING DEFINITIONS; PROVIDING FOR THE IDENTIFICA- TION OF FLOOD -PRONE AREAS, COMPLIANCE, ABROGRATION, INTERPRETATION, WARNING AND DI$CLAIMER ENFORCEMENT; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PRO- VIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CON- TAINING OTHER PROVISIONS RELATING TO FLOOD DAMAGE PREVENTION; AND DECLARING AN EMERGENCY DUE TO POTENTIAL LOSS OF NATIONAL FLOOD INSURANCE. v WHEREAS, certain sections of the City have been designated as flood plain areas; and WHEREAS, real property located within these designated areas could be subject to possible damage from periodic flooding; and WHEREAS, relief is available in the form of flood insurance as Flood Insurance Act of 1968 as amended; and intent of this Council to comply with land regulations as required in said Act; and intent of this Council to recognize in all official actions relating to areas having special flood hazards; and laws of the State of Texas, authority is authorized by the National WHEREAS, it is the use and management criteria WHEREAS, it is also the and duly evaluate flood hazards land use in the flood plain WHEREAS, under the conferred upon the City of Pearland to establish land use laws and management criteria by the enactment of a Flood Damage Prevention Ordinance as herein defined. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND; TEXAS: cr SECTION A. ARTICLE I 'TORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS STATUTORY AUTHORIZATION The Legislature of the State of Texas has in 8280-13 VRCS delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Pearland, Texas does ordain as follows: 1 921051 15 42,117-'41..? 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. 1 (2) These flood losses are created by the cumulative effect of obstructions in flood plains whichcause an increase in flood heights and velocities, and by the occupancy of flood hazard by uses vulnerable to floods and hazardous to other lands because they are in- adequately elevated, floodproofed, or otherwise protected from flood damage. (3) An immediate public emergency exists which requires that City Council suspend the City Charter requirement of reading ordinances at two separate regular meetings, said emergency due to a March 1, 1987 deadline for delivering to FEMA a copy of this Ordinance, passed and approved by City Council, in order to continue the City of Pearland's membership in the National Flood Insurance Program. Due to the fact that such insurance would be lost if this Ordinance were to be read at two separate regular meetings, as only the February 23, 1987 regular meeting date is available prior to such deadline for such reading, this Ordinance will take effect upon its passage on first and only required reading as an emergency ordinance and the fulfillment of other conditions herein set forth. 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 to 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 flood plains; (6) Help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize future flood blight areas; and (7) Ensure that potential buyers are notified that property is in the flood area. SECTION D. METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purpose, this ordinance uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive 2 J41U51 10'. 501=51-0286 increases 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 flood plains, istream m channels, and natural protective barriers, involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. ARTICLE 2 DEFINITIONS Unless specifically defined below, words or phrases used in this ordd to ive them corn oncusage land be itoegive ethis gordinance htheye meaning its mostreasonable application. nmeans a request for a iew of the Flood lna requestfora' interpretation retation of any provisions of this ordinance or variance. AREA OF SHALLOW FLOODING means a designated AO, AH, or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the evident.path of flooding Such unpredictable may be flooding g is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD is the land in the flood plain within a community subject to a one percent or greater chance of flooding in. any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for publication for the FIRM, Zone A usually is refined into Zones A, -.E, AH, AO, A1-99, VO, V1-30, VE or V. BASE FLOOD means the flood having a one percent chance of being equalled or exceeded in any given year.. 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. DEVELOPMENT means any man-made change in improved and unimproved real estate, including but not limited to buildings structures, ted mining, dredging, filling, grading, paving, excavation or drilng aver. ation ELEVATED BUILDINGS means a nonbasement building (i) built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated flood, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level. by means of pilings, columns (post and'piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, building elevated"elevated by means of fill or solid foundation perimeter walls 3 921051 17 50.1=51.028r with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-30, VFW, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area iS enclosed by means of break- away walls if the breakaway walls meet the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations. EXISTING CONSTRUCTION means for the pu';rposes 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." 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 of runoff of surface waters from any source. FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community, on which the Federal Emergency Managemant Agency has delineated both the areas of special flood hazards and ,the risk premium zones appli- cable to the community. FLOOD INSURANCE STUDY 1s the official report provided by the Federal Emergency Management Agency. The repprt contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map. FLOODPLAIN OR FLOOD -PRONE AREA means any land area susceptible to being inundated by water from any source (see definition of flood or flooding). FLOOD PLAIN ADMINISTRATOR means the City Manager of the City of Pearland or his designate. FLOOD PROTECTION SYSTEM means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically incll,udes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOODWAY (REGULATORY FLOODWAY) means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. FUNCTIONALLY DEPENDENT USE means a use which cannot perform its intended purpose unless it is located or carried out in close +. t - - The term includes' only c...,king fay !.. .:;, ra-°t facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. HABITABLE FLOOR means any floor usable for the following purposes; working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage purposes only is not a "habitable floor." HIGHEST ADJACENT GRADE means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. 4 921051. .18 501.=51-0288 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 of 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 nonelevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. MANUFACTURED HOME means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain,management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. MEAN SEA LEVEL means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical. Datum (NGVD) of 1929 or other datum, to which base flood elevation$ shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION means, for flood plain management purposes, structures for which the "start of construction" commenced on or after the effective date of a flood plain management regulation adopted by a community.• START OF CONSTRUCTION (for other than new construction or substantial improvements under the Coastal Barrier Resources Act, Pub. L. 97348) includes substantial improvement and means the date the building permit was issued, provided the actual, start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of a 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 excavating 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 founda- tions or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds r.nt 'roupied as dwelling units or not part of the main structure. STRUCTURE means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL IMPROVEMENT means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occured. For the purpose of this definition "substantial improvement" is considered to occur when the 5 921051 19 50J.=-57_-0209 first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living con- ditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. VARIANCE is a grant of relief to a person from the requirements of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) VIOLATION means the failure of a structure or other development to be fully compliant with the community's flood plain management regula- tions. 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) of the National Flood Insurance Program regulations, is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas. ARTICLE 3 ADMINISTRATION SECTION A. DESIGNATION OF FLOOD PLAIN ADMINISTRATOR The Flood Plain Administrator is hereby appointed to administer and implement the provisions of this ordinance. SECTION B. DUTIES AND RESPONSIBILITIES pF THE FLOOD PLAIN ADMINISTRATOR _ Duties and responsibilites of the Flood Plain Administrator shall include, but not be limited to the following: (1) Maintain and hold open for',public inspection all records pertaining to the provisions of this ordinance; (2) Review permit application,to determine whether proposed building site will be reasonably safe from flooding; (3) Review, approve or deny all applications for development required by adoption of tr..... ordtnae,ce. (4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local goernmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) 6 921051 . 20 501=5T-0290 the Flood Plain Administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section D of this Article. (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Depart- ment of Water Resources prior to any alteration or relo- cation such notification to the Federal Emergency Management Agency. ity within (7) Assure alteredorrelocated the dpo;rtionnofg cany cthe watercourse is maintained. (B) When base flood elevation, data has not been provided in accordance with Article 5, Section B, the Flood Plain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 3. (9) When a regulatory floodway has not been designated, the Flood Plain Administrator, must require that no new con- struction, 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. SECTION C. PERMIT PROCEDURES (1) Application for a Development Permit shall be presented to the Flood Plain Administrator on forms furnished by him/her and may include, !but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape altera- tions, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:' a. Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially imprgved structures; b. Elevation in relation to mean sea level to which any nonresidential structure shail be floodproofed; A certificate from a reo,isterdnrofessional,., engineer or architect that` the'nonresidential - floodproofed structure shall meet the floodproof- ing criteria of Article 4, Section B(2); d. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. e. Maintain a record of all such information in accordance with Article 4, Section (B)(1). (2) Approval or denial of a Development Permit by the 7 921051 21 • 50 1=57;029:Ii Flood Plain Administrator ',shall be based on all of the provisions of this ordinance and the following relevant factors: a. The danger to life and property due to flooding or erosion damage; b. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; c. The danger that materials may be swept onto other lands to the injury of others; d. The compatibility of the proposed use with existing and anticipated development; e. The safety of access to the property in times of flood for ordinary and emergency vehicles; f. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and Water systems; g. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site h. The necessity to the facility of a waterfront location, where applicable; 1. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; The relationship of the proposed use to the comprehensive plan for that area. SECTION D. VARIANCE PROCEDURES (1) The Building Board of Adjustment and Appeals as established by the City Of Pearland shall hear and render judgment on requelsts 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 As an errs:, in any requirement, decision, or determination made by the 'Flood Plain Administrator in the enforcement or administration of this ordinance. (3) 7pon or persons aggrieved by L e dec,ialon, of tale building Board of Adjustment and Appeals may appeal such decisions in the courts of competent jurisdiction. (4) The Flood Plain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (5) j. Variances may be issued for the reconstruction, rehabil- itation or restoration of structures listed on the National Register of Historic Places or the State Inven- tory of Historic Places, without regard to the 8 921051 " 50 I=5T-0292 procedures set forth in the, remainder of this ordinance. (6) Variances may be issued for new construction and sub- stantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C(2) of this Article have been fully considered. As the lot size increases beyond the one-half acre, the tech- nical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this ordinance, the Building Board of Adjust- ment and Appeals may attach such conditions to the granting of variances as,it deems necessary to further the purpose and objectivesof this ordinance (Article 1, Section C and D). (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) 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) a 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. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be quilt with a lowest floor elevation no more than 0.5 feet below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor ele- vation. (c) (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 Ar o le 3, Section D(1)-(9) are;;met, and (11) the .sure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. ARTICLE 4 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In all areas of special flood hazards the following provisions are 921051 501:57.-0293 required for all new construction and substantial improvements: (1) All new construction or substantial improvements shall be designed (or modified)j and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; All new construction or substantial improvements shall be constructed with materials resistant to flood damage; All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. . All new and replacement water supply systems shall be designed to minimize or el;iminate.infiltration of flood waters into the system; 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 water; and, (7) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 5, Section B, (ii) Article 3, Section B(8), or (iii) Article 4, Section C(4), the following provisions are required: (1) Residential Construction? New construction and sub- stantial improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation. A registered pro- fessional 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) None, 151.dential Construction. New cnratructifn^ t b.ai+:..81 improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or, together with attendent utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and planks for the construction, and 10 fl1031 44 (3) 501=5(L0294 shall certify that the design and methods of construc- tion 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. Enclosures. New construction and substantial improve- ments, with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to auto- matically 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 having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, valves, or other Coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured Homes a. Require that all manufactured homes to be placed within Zone A, shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods 'of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable State .and local anchoring requirements for resisting wind'', forces. b. All manufactured homes shall be in compliance with Article 4, SectionB (1). c. Require that all manufactured homes to be placed or substantially improved within Zones A1-30, AH and AE on the community's FIRM be elevated on a permanent foundation such that the lowest floor of the manufactured ',home is at or above the base flood elevation; land be securely anchored to an adequately anchored foundation system in c cordance with the provis` n of Sc tiu“ Et. of this Article. SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS luding manufactured home (1) All parksuandvsubdivisionsashallcbe consistent with Article 1, Sections B, C, and D',of this ordinance. (2) All proposals for the development of subdivisions including manufactured home parks and subdivisions shall meet Development Permit requirements of Article 5, 11 921051 2$ 501;57-0295 Section C; Article 3, Section C; and the provisions of Article 4 of this ordinance.. Base flood elevation data shall be generated for sub- division proposals and ether proposed development including manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not other wise provided pursuant to Article 5, Section B or Article 3, Section B (8) of this ordinance. (4) All subdivision proposals including manufactured home parks and subdivisions shall have adequate drainage pro- vided to reduce exposure to flood hazards. (5) All subdivision proposals including manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES) Located within the areas of special Flood hazard established in Article 5, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity of flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as 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 nonresidential structures: (i) (3) substantial improvements of have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or; (ii) together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (3) A re f etered professional' engineer rr architect suuu,r; a certification to the Flood Plain Administrator that the standards of this Section, as proposed in Article 3, Section C (1) a:, are satisfied. (4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. SECTION E. FLOODWAYS Floodways located within areas of special flood hazard established in Article 5, Section B, are areas designated as floodways. Since the 12 921051 26 So) -S7-aa 416 • 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 con- struction, substantial improvements and other develop- ment unless certification,by a professional registered engineer or architect is'provided demonstrating that encroachments shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge. (2) If Article 4, Section E (1,) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 4. ARTICLE 5 GENERAL PROVISIONS SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas',of special flood hazard within the jurisdiction of the City of Pearland. SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the City of Pearland" dated June 27, 1983, with accompanying Flood Insurance Rate Maps and Flood Hazard Boundary- Floodway Maps and any revision thereto are hereby adopted by reference and declared to be a part of this ordinance. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be required provisions of this ordinance. SECTION D. COMPLIANCE No structure or land shall hereafter be to ensure conformance with the located, altered, or have its use changed without full compliance with the taros of this oadii.ance. and other applicable regulations. ggr7*?CN E, 7.AND GREATER REST UCTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed, restrictions. However, where this ordinance and another conflict or ',overlap, whichever imposes the more stringent restrictions shall prevail. 13 921051 - 27 501.=5T-029T 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 or repeal nor repeal any other powers granted under States statutes. SECTION G. WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory; purposes and is based on scientific floods can made or natural causes. and engineering considerations. On rare occasions and will occur and flood heights may be increased This ordinance does not imply that land side the areas,of special flood hazards or uses permitted within areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Pearland or any official or employee thereof for any fl greater by man- out - such ood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION H. 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 Department of Water Resources; Federal Insurance Agency; and Houston -Galveston Area Council. SECTION I. VIOLATION AND PENALTY (1) Any person, firm or corporation who shall violate any of the provisions of this Ordinance of 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 specifi- cation of plans submitted and approved thereunder, or any certificate or permit!,issued thereunder, shall, for „ery 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 or the provisions of this ordinance or fails to comply therewith, the City of Pearland, in addition to imposing the penalties above provided, may institute any appro- priate action or proceedings in court to prevent, 14 921051 28 50 k:57=0298 restrain, correct, or abate or to prevent any illegal act, conduct, business oruse 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 sane shall be cumulative of and in addition to the penalties prescribed for such violation. SECTION J. ENACTMENT All ordinances and parts of this ordinance are hereby conflict. Ordinance No. by the City Council of the City. of Pearland, Texas, on the 27th day of February, 1984 is hereby expressly repealed in its entirety. Such repeal of Ordinance No. 372-1 shall not affect existing litigation, if any, and will not operate as an abatement to any action or proceeding now pending under or by virtue of the above numbered ordinance so repealed. The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in the official newspaper of the City of (10) days after the passage emergency days from ublication of its caption and of ordinances in conflict with the provisions repealed,but only to the extent of the 372-1 heretofore passed, approved and adopted Pearland, Texas at least once within ten of such Ordinance on its first and only reading as an Ordinance shall become effective ten (10) ordinance. This and after its publication, or the p penalty, in the official City newspaper. PASSED AND APPROVED ON FIRST AND ONLY REQUIRED READING AS AN EMERGENCY ORDINANCE on this a?.3 day of ,A. D., 1987. ATTEST! City 1 9ecreta APPROVED AS TO FORM: 15 Mayor 921051 . 30 U' FILED FOR RECORD Jun 29 10 49 RM'92 CONTY L:ERA sgAzot* C61Jh1T, TEXAS 50 !=51-0300 aIY TEM STAIR DOUY SALMClerk althea Oeydl Cale Intral kw rat& County. FOR RECORD Tana do Stem cent/ that this K c ° end RECORDED In to VoWininn pap dRr OFFGNL RECORD • grdnr and thins lWped Mona dY Rs Cava ark d Mut%Cant TX PRdawoe. p.o_&y a06t A$ � sk8-ao6i P to, ao 3 m 0 0 w Cal CAW CD w 00 205bi 9ZiUJ.1- 14 Cut of p©ordl©ad P. O. Box 2068 • Peorlond. Texas 77588-2068.485.2411 CERTIFlCAT!ON ig 50 I=5T.:2030:I THE STATE OF TEXAS COUNTIES OF BRAZORIA & HARRIS I CITY OF PEARLAND I I, Pat Jones, the duly appointed, qualified and acting City Secretary of the City of Pearland, Texas hereby certify that the attached constitutes a true and correct copy of Ordinance No. f3 2.• duly passed and approved by the City Council at a regular meeting held on the oZ A. D., 190 To certify which, witness my hand and seal of the City of Pearland, Texas, this Zr day of9.1 e , A. D., 199 2./ , at Pearland, Texas. RECORDERS MEMORANDUM: At the time of recordation, this Instrument w found to be inadequate for the beat PholorRille reproduction because of caroon or photo copy, discolored Illegibility,. Ail blookouls, addchanges paper, present at the time the Rio indstrument was Ned and recorded, Pat Jones City Secretary City of Pearland, MINOR EAU* if OXON CI IACt OM* NO THE STATE Of TEXAS} +?aacrenturourmtaaur COUNTY certify OceAHthat this instrument rat FILED in FM Number Sequence en the dote and at the hmestempep tweed by mrand was duty Horris Chu Offal Pubic Records a Real Prefab a day of 0 C T 81 1994 COUNTY CAERK HARRIS COUNTY. TEXAS PSIS .nR.Lydfd Pare. Texas FILED FOR RECORD 8:00 AM OCT 311994 County Clerk, Harris County, Texas