Ord. 0372 02-27-784
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vo11390 FA6( 541
ORDINANCE NO. 372
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR
STATUTORY AUTHORIZATION, FINDINGS OF FACT, STATEMENT OF
PURPOSE AND METHODS OF REDUCING FLOOD LOSSES; CONTAINING
DEFINITIONS; PROVIDING FOR THE IDENTIFICATION OF FLOOD -PRONE
AREAS, COMPLIANCE, ABROGRATION, INTERPRETATION, WARNING AND
DISCLAIMER OF LIABILITY; PROVIDING FOR ADMINISTRATION AND
ENFORCEMENT; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING
AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING
TO FLOOD DAMAGE PREVENTION.
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 author-
ized by the National Flood Insurance Act of'1968 as amended; and
WHEREAS, it is the intent of this Council to comply with land use
and management criteria regulations as required in said Act; and
WHEREAS, it is also the intent of this Council to recognize and duly
evaluate flood hazards in all official actions relating to land use in the flood
plain areas having special flood hazards; and
WHEREAS, under the laws of the State of Texas, authority is conferred
upon the City of Pearland to establish land use laws and management criteria by
the enactment of a Flood Prevention Ordinance as herein defined.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
• ARTICLE I
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of Texas has in 8280-13 VRCS delegated the responsi-
bility to local governmental units to adopt regulations designed to minimize
flood losses. Therefore, 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 may result 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
flood plains 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.
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SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety and
general welfare and to minimize public and private losses due to flood conditions
in specific areas by provisions designed to:
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(1.) Protect human lifeand 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 flood -prone areas in such a manner as to minimize
future flood blight areas; and
(7.) Insure the potential buyers are notified that property is in a
flood area.
SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance uses the following methods:
Restrict or prohibit uses that are dangerous to health, safety or
property in times of flood, or cause excessive 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;
Control the alteration of natural flood plains, stream channels, and
natural protective barriers, which are involved in the accommodation
of flood waters;
(4.) Control filling, grading, dredging and other development which may
increase flood damage;
Prevent. or regulate the construction of flood barriers which will
increase flood hazards to other lands;
(1:)
(3.)
(5.)
ARTICLE II
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.
Appeal - means a request for a review of the General Building Inspector's
interpretation of any provision of this ordinance or a request for a variance.
Area of Shallow Flooding - means a designated AO Zone on a community's Flood
Insurance Rate Map (FIRM) with base flood depths from one to three feet. This
condition occurs where a clearly defined channel does not exist, where the path
of flooding is unpredictable and indeterminate, and where velocity flow may be
evident.
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.
Base Flood - means the flood having a one percent chance of being equaled or
exceeded in any given year.
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Development - means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations.
Existing Mobile Home Park or Mobile Home Subdivision - means a parcel (or contiguous
parcels) of land divided into two or more mobile home lots for rent or sale for
which the construction of facilities for servicing the lot on which the mobile
home is to be affixed (including, at a minimum, the installation of utilities,
either final site grading or the pouring of concrete pads, and the construction
of streets) is completed before the effective date of this ordinance.
Expansion to an Existing Mobile Home Park or Mobile Home Subdivision - means the.
preparation of additional sites by the construction of facilities for servicing
the lots on which the mobile homes are to be affixed (including the installation
of utilities, either final site grading or pouring of concrete pads, or the
construction of streets).
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.
Flood hazard Boundary Map (FHBM) - means an official map of a community, issued
by the Federal Insurance Administration, where the areas within the boundaries
of special flood hazards have been designated as Zone A.
Flood Insurance Rate Map (FIRM) - means an official map of a community, on
which the Federal Insurance Administration has delineated both the areas of
special flood hazards and the risk premium zones applicable to the community.
Flood Insurance Study - is the official report provided by the Federal Insurance
Administration. The report contains flood profiles, the water surface elevation
of the base flood, as well as the Flood Hazard Boundary-Floodway Map.
Floodway - means the channel of a river of 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 one foot.
Habitable Floor - means any floor usable for living purposes, which includes
working, sleeping, eating, cooking or recreation, or a combination thereof.
A floor used for storage purposes only is not a "habitable floor."
Mean Sea Level - means the average height of the sea for all stages of the tide.
Mobile Home - means a structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without a
permanent foundation when connected to the required utilities. It does not
include recreational vehicles or travel trailers.
New Mobile Home Park or Mobile Home Subdivision - means a parcel (or contiguous
parcels) of land divided into two or more mobile home lots for rent or sale for
which the construction of facilities for servicing the lot on which the mobile
home is to be affixed (including, at a minimum, the installation of utilities,
either final site grading or the pouring of concrete pads, and the construction
of streets) is completed on or after the effective date of this ordinance.
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Start of Construction - means the first placement of permanent construction of a
structure (other than a mobile home) on a site, such as the pouring of slabs or
footings or any work beyond the stage of excavation. 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 a basement, footings, piers or foundations or the erection of
temporary forms; nor does it include the installation on the property of
accessory buildings, such a garages or sheds not occupied as dwelling units or
not as part of the main structure. For a structure (other than a mobile home)
without a basement or poured footings, the "start of construction" includes the
first permanent framing or assembly of the structure or any part thereof on its
piling or foundation. For mobile homes not within a mobile home park or mobile
home subdivision, "start of construction" means the affixing of the mobile
home to its permanent site. For mobile homes within mobile home parks or mobile
home subdivisions, "start of construction" is the date on which the construction
of facilities for servicing the site on which the mobile home is to be affixed
(including, at a minimum, the construction of streets, either final site grading
or the pouring of concrete pads, and installation of utilities) is completed.
Structure - means a walled and roofed building that is principally above ground,
as well as a mobile home.
Substantial Improvement - means any repair, reconstruction, or improvement of
a structure, the cost of which equals or exceeds 50 percent 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
occurred. For the purposes of this definition "substantial improvement" is
considered to occur when the 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 conditions, 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.
ARTICLE III
ADMINISTRATION
SECTION A. DESIGNATION OF GENERAL BUILDING INSPECTOR
The General Building Inspector is hereby appointed to administer and implement
the provisions of this ordinance.
SECTION B. DUTIES AND RESPONSIBILITIES OF THE GENERAL BUILDING INSPECTOR
Duties and responsibilities of the General Building Inspector shall include, but
not be limited to, the following:
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(1.) Maintain and hold open for public inspection all records pertaining
to the provisions of this ordinance;
(2.) Review, approve or deny all applications for development permits
required by Article 5, Section C of this ordinance;
(3.)
Review permits for proposed development to assure that all necessary
permits have been obtained from those Federal, State or local govern-
mental agencies from which prior approval is required;
(4.) Where interpretation is needed as to the exact location of the
boundaries of. theareas of special flood hazards (for example,where
there appears to be a conflict between a mapped boundary and actual
field conditions) the General Building Inspector shall make the
necessary interpretation;
(S.) Notify adjacent communities and the Texas Department of Water
Resources prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal Insurance
Administration;
Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is
not diminished.
When base flood elevation data has not been provided in accordance
with Article 5, Section B, the General Building Inspector shall
obtain review, and reasonably utilize any base flood elevation data
available from a Federal, State, or other source, in order to
administer the provision of Article 4.
SECTION C. PERMIT PROCEDURES
(1.) Application for a Development Permit shall be presented to the General
Building Inspector on forms furnished by him 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,
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 proposed structures;
b. Elevation in relation to mean sea level to which any non-residential
structure shall be floodproofed;
c. A certificate from a registered professional engineer or architect
that the non-residential floodproofed structure shall meet the flood -
proofing 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.
(2.) Approval or denial of a Development Permit by the General Building Inspector
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.
c.
d.
e.
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
The danger that materials may be swept onto other lands to the injury
of others;
The compatibility of the proposed
development;
The safety of access to the prope
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;
use with existing and anticipated
rty in times of flood for ordinary
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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;
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.
SECTION D. VARIANCE PROCEDURES
(1.) The Building Board of Adjustment and Appeal as established by the City of
Pearland shall hear and render judgement on requests for variances from the
requirements of this ordinance.'
(2.) The Building Board of Adjustment and Appeal shall hear and render judgement
on an appeal only when it is alleged there is an error in any requirement,
decision, or determination made by the General Building Inspector in the enforce -
went or administration of this ordinance.
(3.) Any person or persons aggrieved by the decision of the Building Board of
Adjustment and Appeal may appeal such decision in the courts of competent
jurisdiction.
(4.) The General Building Inspector shall maintain a record of all actions
involving an appeal and shall report variances to the Federal Insurance
Administration 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 section.
(6.) Generally, variances may be issued for new construction and substantial
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
technical 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 Adjustments 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).
(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 flood hazard, to afford relief.
b. Variances shall only be issued upon (i) a showing of good and suffi-
cient 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, extra-
ordinary public expense, creat nuisances, cause fraud on or victim-
ization of the public, or conflict with existing local laws or ordinances.
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ARTICLE IV
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
In all areas of special flood hazards the following provisions are required:
(1) All new construction and substantial improvements shall be anchored
to prevent flotation, collapse or lateral movement of the structure;
(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 constructed
with materials and utility equipment resistant to flood damage;
(4) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(5) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the system and.
discharges from the systems into flood waters; and,
(6) On -site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
SECTION B. SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data has been
provided as set forth in (i) Article 3, Section B, (7), (ii) Article 4, Section
C, (3), or (iii) Article 5, Section B, the following provisions are required:
(1) Residential Construction - New Construction or substantial improvement of
any residential structure shall have the lowest floor, including basement,
elevated to no less than six (6") inches above the base flood elevation. A
registered professional engineer, architect, or land surveyor shall submit a
certification to the General Building Inspector that the standard of this sub-
section, as proposed in Article 3, Section C, (1.a), is satisfied.
(2) Non-residential Construction - New Construction or substantial improvement
of any commercial, industrial or other non-residential structure shall either
have the lowest floor, including basement, elevated to the level of the base
flood elevation or, together with attendent utility and sanitary facilities,
be floodproofed 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 submit a certification to the General Building Inspector that the standards
of this subsection as proposed in Article 3, Section C, (1.c), are satisfied.
(3) Mobile Homes - a. No mobile home shall be placed in a floodway, or if
applicable, a coastal high hazard area, except in an existing mobile home park
or existing mobile home subdivision; and, b. All mobile homes shall be anchored
to resist flotation, collapse, or lateral movement. Specific requirements shall
be:
(i) over -the -top ties at each of the four corners of the mobile home,
with two additional ties per side at intermediate locations and mobile
homes less than 50 feet long requiring one additional tie per side;
(ii) frame ties at each corner of the home with five additional ties per
side at intermediate points and mobile home less than 50 feet long
requiring four additional ties per side;
(iii) all components of the anchoring system be capable of carrying a
force of 4,800 pounds;
(iv) any additions to the mobile home shall be similarly anchored.
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SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS
(1) A11 subdivision proposals shall be consistent with Article 1, Sections B,
C. and D of this ordinance.
(2) All proposals for the development of subdivisions shall meet Development
Permit requirements of Article 3, Section C, Article 4, and Article 5, Section
C, of this ordinance.
(3) Base flood elevation data shall be generated for subdivision proposals and
other proposed development which is greater than the lesser of 50 lots or five
acres, if not otherwise provided pursuant to Article 3, Section B, (7) or
Article 5, Section B, of this ordinance.
(4) All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood hazards.
(5) All subdivision proposals shall have public utilities and facilities such
as sewer, gas, electrical and water systems located and constructed to minimize
flood damage.
ARTICLE V
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 Insurance
Administration on its Flood Hazard Boundary Map (FHBM), Community No. 480077A,
dated January 31, 1975, 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 Development Permit shall be required to ensure conformance with the provisions
of this ordinance.
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 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.
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SECTION G. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered reason-
able for regulatory purposes and is based on scientific and engineering con-
siderations. On rare occasions greater floods can and will occur and flood
heights may be increased by man-made or natural causes. This ordinance does not
imply that land outside the areas of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages. This ordinance
shall not create liability on the part of the City of Pearland or any officer or
employee thereof for any flood 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 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 above 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 J. ENACTMENT
All ordinances and parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed, and this ordinance shall be in full force and
effect on and after March 1, 1978.
PASSED AND APPROVED on FIRST READING this
A. D., 1978.
ATTEST:
/C
-City Secreta
/9 day ofv... r „,_,,, ,y—
n7V( acidt_
Mayor, City of Pearland, Texas
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va1390 gu 550
PASSED AND APPROVED on SECOND and FINAL READING this o2% day of
, A. D., 1978.
Mayor, City of Pearland, Texas
ATTEST:
GCity Secretary
Approved as to form:
City rney
• C.� /v-�F' 1
Publication Date:
Effective Date: March 1, 1978
VOTING RECORD: 2/13/78 - Ayes - Councilman Frauenberger, Councilman
Gray, Councilman Farley and Councilman Wilson.
Noes: None Motion passed 4.to 0.
VOTING RECORD: 2/27/78 - Ayes - Councilman Frauenberger, Councilman Gray,
Councilman Farley and Councilman Wilson.
Noes: None Motion passed 4 to 0.
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v.1390 ME551
CONTENTS
CITY OF PEARLAND
FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE I STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE
AND METHOD 1
Section A Statutory Authorization 1
Section B Findings of Fact 1
Section C Statement of Purpose 2
Section D Methods of Reducing Flood Losses 2
ARTICLE II DEFINITIONS 2
ARTICLE III ADMINISTRATION 4
Section A Designation of General Building Inspector 4
Section B Duties and Responsibilities 4
Section C Permit Procedures 5
Section D Variance Procedures 6
ARTICLE IV PROVISIONS FOR FLOOD HAZARD REDUCTION 7
Section A General Standards 7
Section B Specific Standards 7
1. Residential Construction 7
2. Non-residential Construction 7
3. Mobile Homes 7
Section C Standards for Subdivision Proposals 8
ARTICLE V GENERAL PROVISIONS 8
Section A Lands to Which this Ordinance Applies 8
Section B Basis for Establishing the Areas of Special Flood
Hazard 8
Section C Establishment of Development Permit 8
Section D Compliance 8
Section E Abrogation and Greater Restrictions 8
Section F Interpretation 8
Section G Warning and Disclaimer of Liability 9
Section H Certification by City Secretary
Section I Violation and Penalty 9
Section J Enactment 9
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FILED FOR RECORD
AT. P'�d O'CLOCL%2 .M.
APR 61979
H. R. STEVENS, .R.
CLERK
S9IJ' COURT, B 1ORIA CO., TEXAS
BY� DEPUTY
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