HomeMy WebLinkAboutOrdinance 1 6y
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11/6/91 -
®rdnance No Page Z
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"SECTION 1: PURPOSE AND AUTHORITY
A. AUTHORITY
This chapter is adopted under the authority `of. the
constitution 'and laws of the State of Texas, including
particularly:-the .Texas Local Goverment Code and the
Texas Water Code as heretofore or hereafter amended.., and
pursuant to the provisions ®f the Charter. of the City ; of
C®llege Station, Texas. ;;
B® PURPOSE
It i~ the purpo e of this chapter to `protect, maintain,
`and enhance the: public health, safety, and general wel-
fare by es ablishing minimum requirements and procedures
to control the adverse impacts associated with the
. increased storm water flows generated by development.
a ~ ~ ~ ~ ~ a ~
The following objectives will minimize public and private
losses due t® flooding, erosion, and sedimentation:.
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~ 1 } To protect human ~lif e and: health;
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~2) To minimize the expenditure of public money, for
costly flood and erosion control pro)ects,
(3 } To minimize the need for; relief sand rescue :efforts
associated with flooding and -generally undertaken at
the expense of the .general public;
~4} To- minimize the damage to public faci ities and
.. utilities such as grater and sewer lines, streets,
and drainage structures;
;-
(5} To help maintain a stable tax base for the City by
providing for the sound use and development of all
areas in such a manner a to `minimize future areas
..
of flooding;
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(6} To create a surfacewater retention and drainage:
policy ~n order that development within the City
a
'' limits will not create and drect~water flow onto
~,
adjacent property. at a higher rate and in greater
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velocities; ,
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~ 7 } ~-To establish review, approva , and permit procedures -,
for the methods of handln eonve .n and ds os- ~
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a ing of storm and surface `water flows within the car-
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land sheet flow, and all appurtenances to the foregoing,
including inlets, manholes, junction boxes, headwalls,
energy dissipaters, culverts, etc.
DRAINAGB PROTECTTON.SYSTEM - those physical structural
works which have been constructed specifically to modify
surf ace and flood water flows in order ` to protect. the
natural flow of surf ace water from modification or change
,,
the extent of the areas wit ~n a community
and to reduce.:
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subject t®, "special flood hazard." Such systems typi-
cally include detention facilities, retention facilities,
dams, lakes, reservoirs,- levees or dikes. These .special-
ized surface water and flood water modifying works are
-those constructed in conformance with sound engineering
standards.
{ ~
~~ - - -
DRAINAGE RIGHT OF wAY an area of land-dedicated to and
;~ accegted bye he City for he purposes of carrying and
containing storm water flows, ~ c`onstructng: drainage
facilities, and/or allowing entry or operation of mante-
. .
nar~ce equipment
EARTH CHANGE - a man-made change in the natural coven, ~r
-
,
or . f illn actvi-
rah of land includn cuttin
to o
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ties, which may re ult in or contribute to soil erosion
or sedimentation. {See also ".Development.:°~j
EASEMENT - a :grant of an interest in :eland to a person or
entity by he owner of the fee simple estate in land for
' the use of such land by others f or a specif is purpose or
purposes, and which must be included in the conveyance of
land affected by such easement.
ELEVATED BUILDTNG - anon-basement building~(i) built,:in
the caste of a building in Zones ~~-~~9T AE A' A99 AD,
AH, B, C, X and D, to have the top of the `elevated floor,
or in the cases of a buildingin Zones ~~-~g~ VE or V, to
. have the bottom of the lowest horizontal structural mem-
ber of thee-eleva ed floor elevated above the ground level
by means of pilings, :columns (posts and piers}, or shear
wall parallel to the flow of the water and_:(i} ade-
. gusts y anchored so as not to impair the structural
integri y of the building during ~ food of up to the
magnitude of the base flood. In the ,case of Z®nes Al-30
AE, A, A99,~A0, AH, B, C, X and D, "elevated building"
~' also 'include a building ele~rated by means of fill or
solid foundation: perimeter walls with openings sufficient
to facilitate the unimpeded movement of floodwaters . In `
a the case of Zones ~~-~9T VE or V "elevated building"(
~ also includes a building otherwise 'meeting the 'def ini~ton
.~
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'ton when connected to the required utilities. For flood-~
plain management purposes the term "manufactured home"
also includes park: trailer , travel trailers, and other
similar vehicles paced on a site for greater than 184
days. `For insurance purposes, the term:
c®nsecutive .
.
"manufactured home" does not include- park trai ers,
travel trailers, and other similar vehicles.
MANUFACTURED :.:HOME PARK OR SUBDIVISION -- a parcel for con-
tiguous parcels) of land divided into two'ar more manu-
f actured Name Tots for rent or for sale .
~,
EAN SEA LEVEL - the National Geodetic Vertical Datum
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~~~ (NGVD } of 192 9 or other datum, to `which the :base flood
~~ elevations shown on a community's-Flood Insurance Rate
. Map are referenced.
, ' 'de
'ationwi
NG D the n
TI AL DATUM V
0 TIC VER C
NATIONAL GE DE ~ }
'~~ ~ reference surface ~`f or elevatonsW ..;throughout , the ~ United
'~~ States made available to local surveyors b~ t'he National
Geodetic Survey with the establishment `of thousands of
';~ benchmarks throughout' the continent. It wa's obtained
~~
I through a lea t-squares adjustment in 1929 of all first-
~'~ ~
~~~ order leveln in the United States and Canada. The
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adjustment included the 26 tide tations and thus-refer-~
~enced the NGVD to MSL
~~ NATURAL.....- the cover and to o ra h of land before an
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manmade changes, or in areas where here have.... already
been manmade modifications, the state of the aroa and
t®pography of land at the date of the adopt~.on of this
®rd~.nance e
i ~ ~ o a
,~ -
e n s n tural condition un
NATURAL FLOW storm wat r i It a
touched and undirected by many
NEW CONSTRUCTION - for floodplain managementpurposes,
structures for which the "start of construction" com-
menced on or after March 12~ 1987.
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PERSON an indiv dual, firm, co-rporation partnership,
,
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or association.
PLAT: - the final plat as described in the Subdivision
'~~
~I Control Ordinance of the Cit of Coble e Station.
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PRIMARY DRAINAGE SYSTEM - the system of natural. water
'~ courses, improved or` channelized watercourses; and all
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~~ cl'osed conduits, culverts, brill es, detention facilities,
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1 T/6/91
Ordinance No. page 17
(5) `assure Ghat adequate maintenance of drainage path-
ways, including altered `or relocated waterv~ays, is
provided such. that capacity for`carr~ing storm water
flows is maintained;
~6} provide interpretation, where required, of bound-
aces of Area of special Flood Hazard, location of
floodway, and, water surface elevatfions, when dis-
putes anise during review,. (The initial determina-
~,
tion of the above is the responsibility of the engi-
' veer working on the particular project};
(7) provide -information ~to the Zoning Board of Adjust-
merit as a lcab]~e ®n all variance re nests aclma.n-
. PP q r
,
~.strative appeals, and enf+~rcement of the Drainage
~
~, Polic
Y
(~}
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review and utilize an~r acceptable new flood study
'; data, ®r any revisions` as they become ~va~ilable in
accordance with the Drama e Polic and Desi n Stan-
g Y g
~ ~ dards
~! (9}
~~ notify adjacent communities and the Texas Water
'~ ,
:Commission prior to any alteration or relocation of
a watercourse, and submit .evidence of notification
~~,
~„ to 'the Federal Insurance~Admnstraton;
~~
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in`terpret~ the terms and provision of this chapter,
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as required, as they apply to each,. project, in
'~; accordance with the stated purpose of this chapters ~-
and
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~~
i,~ (11}
;.:review ;permits for proposed development to assure ~~
'~~; that a~.l necessary ermts have been obtained from
P
II _ those Federal, State, or local governmental agencies,
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(including Section 404` ®f the Federal Water -P®llu-
' tion control Act Amendments of 1972, 33 U.S.C~ 1334}
~
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from which prior approval is required.
~ X12) assure that all propert has access to suitable sur-
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face water drainage facilities.
~~,
X13)
may require easements alon natural dramae wa s
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including lakes, ponds and swamps, as a condition of
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I. develo gent of ro ert Construction within he`
P P- P Y se
~ areas shall be by, apprdval of the Administrator
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only. With a request for development, ro ert
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owner or develo er shall submit detailed en inee
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plans:_and studies which show hat no :increased
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flooding will result, that no obstructon...t~ the
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ordinance Noy Page 19
control plan, engineering drainage design and analy-
sis .documentation, drainagereport, all applicable
..:Federal,:.: State and County permits or statements of
review end exemptions from said agencies, and loca-
~
tion :o
f the foregoing in relatidn to Areas of
Special ..Flood Hazard; each of which shall conform to
the City Drainag~e-Policy and Design Standards.
(3 } `The Admnis razor ~ shall review .the re aired inf orma--
q
tion and application form and shall take one of the
following actions:
~a~ approve the development permit, ,
fib) disapprove the development permit,
~ c re airs additional information ®r -
( } q an eng~.neer
ng conference with the applicant ®r his engi-
Weer. 1
The applicant shall be notif ed~ in writing of the
~''~
action prescribed above. If the development permit
I has been disapproved, the specific reasons for dis-
approval shall be indicated in the notficat~.on. Lf
~~
additional information is required of the applicant,
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f the specific requirements shall be indicated ~n the
:notification. A final determination of the a royal
pp
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or disapproval ®f the development .permit, consider-
~ irig the additional information, shall be made and
written notification to the applicant` given within
I ten working days after receipt of said additional
~~ e. ~
information..
E. CONDITIONS OF`APPR4VAL
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A
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a or denial. of- a - dev
.pp elopment permit by..the
e ~
~ ~,
Administrator shall be
based on all of the rovis~.ons
~ p of
this chapter :and the following relevant factors..
~ 1) The danger to life or property :due to flooding, sur-
face water 'ruaa-of f damage or erosion damage;
(2 } The susceptibility of the proposed , f ac~.l~ay and its
con ents tc surf ace water run-off or flood damage
and the effect of such damage on the individual
owner;
~3} The danger that materials may be swept onto other
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,~, ands to the injury of others;
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ordinance No.~ Page 21
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Ordinance No Page 24
far maintenance or the Administrator nay require a
:drainage easement or right-of -way conf or~.ng sub-
stantially to the limits of such watercourse, plus
additional width to accoIImnodate =future needs or
access. The :.area dedicated to either the City or
~ (property owners association or other entity shall
not be considered a part. of the: lot area for pur-
po es of minimum lot size requirements of the zoning
ordinance. Drainage easements may be used for utli-
ties as long ~s the utilites~do not conflict with
'the drainage use. ,,
~4) Upon City's request for an easement, developer will
provide City with an easement instrument on a form
~PProved by the :.City for the land and improvements,
an updated title report, and lien subordnations
Tram all lenders.. :.Upon, request for a conveyance to
a property. owners association or other entity,
:
,~
developer wild prov~.de C.tty w~.th a copy . of the
C~~ private easement or deed a.nstrument on a form
,
-~~
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....approved. by. the City for the land and ~nprovements,
~ an updated: t tle report, and ien subordinations
from all lenders.
5 No barriers or fences shall be allowed to ~ ede
~~
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const
.riot or block the.... f ow of water. in drainage
.~
facilities.
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~6l Where construction is permeated in the floodplan,
outside the drainage facility, all finished floor
~ elevations shall be a minimum of one foot ' (1' j .above
~
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~ the 100- ear flood elevation exce a
y , pt a noted in
Cit of Colle a :Station Draina a Polc and Desi n
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ction I
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I 7 The existin creek stream river or draina_e~chan-
l~ g ~ - ~ g
~ ne1 traversing along~or across actions of the sub-
P
division s all remain unobstructed at all tunes ar~d
shall be maintained by aproperty owners association
or other entity or, in lieu of a property owners ~'
association or~ other entity- by the individual lot
owners whose ots are reversed by, .or adjacent to,
the drama ewe s.
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~S~ The City shall not be responsible for the mairate-
'~ nance erosion control,: and/or the o eraton of said
P
'~ drama ewe s. Pro ert owners hal
1 kee the
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dr~inageway clean and free of debris, silt qr other
substances which: would result in unsanita condi-
?ry
bons, health ar safety hazards. The City shall
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0
Qrd~nance
No.
Page 28
surrounding area and shall not be deemed
liable for any f ood damages occurring in
- said area.
Where applicable,- the following note shall. applys
Floodplan Identification
The subdivision plat. contains
floodplans as identified by
,:~ FEMA, [map panel. ] ,
.number
{date], and the [BF$;].
If no Special Flood Hazard Areas (SFHA~ , state, '°No .
SFHA identified".
(1Z~
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Construction Guarantees and Warranties
P The construction of drainage atprovements~shall be
I' guaranteed and ~rarranted by the prdperty owner pur-
~
'
~~ e ,,
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suant to the requrrements of the subdivision. ordi-
Hance, as amended from t~aae to time
a
(13~
Prohibit Develop nt
-When deemed necessary for the health, safety or wet-
G~ fare of the present populaton'of the area and nec-
essary to the conservation of water, drainage, and
sanitary- facilities, or ..where prohibited by flood-
plain regulations, the City may prohibit the Bevel-
opment of -any portion 'of property which lied within
the floodplan of any stream or 'drainage course.
These floodplain areas shal be ..:preserved from any
-and all destruction or dam~a' a resultin from ~ cle
ar
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inq, grading, or dumping of earth, waste or mate-
~ ral, or stumps, except at the discretion of the
City. }
~14~ Runoff Bxceeds Capacity
Increased storm: water runoff attributable to new - .
development shall not exceed the. capacity of the up-
stream or downstream drainage system or adversely
I ~ ~ ~
affect ad~oin~.ng property.....,.. Where the projected
runoff would exceed capacity, he City may accept
the phasing of development, the use of control meth-
ods ~_ ~ ~ , .
such
as retention or detente
ion facilities
and/or` :the construction of off-site drainage
a.iaprovements as means of mitigation.
` 1116/91
Ordinance No. page 29
F. CRITBRIA
t l ~ general
All drainage facilities shall~be designed and con-
strutted in compliance with the City:. of College Sta-
tion's Drainage Policy and Desig_n Standards. The
determination of the necessary areas and extents of
drainage facilities ~ha11 be determined by the
Administrat®r. The criteria for the determinatian
. shall be based upon the anticipated a~ount and
spread of ~ storm water ...:flows, the possib ty of
increased f owe at some time in the future, the con-
current uses `to be associated with the designated
aria, ,the required space for ~ the appro xiate ma'inte-
~ p
~ Hance equipment and personne ,and the access neces-
eery to conduct maintenance activities'.
~Z~ Streets
Streets may be considered drainage -facilities.
Sheets, as drainage facilities, shall be designed
to handle the runoff resulting from a l0-year storm.
water'shall not be carried on the street for a die-
`
tents seater than
a 10- ear stars will overflew the
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_
curb. storm water collected by streets shall be
removed from the streets by a system of inlets and.
pipes. Cpen ditches :are not considered to be ah
acceptable means of `performing this f function s Storri~
`drainage inlets and piping associated with streets
shall be designed to handle the runoff resulting
~ from a l0-year storm, as a minimum. The system of
pipes shall be designed to transport the runoff to .
an approved drainage facility demonstrated as having
adequate hydraulic capacity. Streets and the asso-
ciated drainage facilities are required to be in
ease~ent~ and/or rights-of-way. The:Cty is respon-
Bible for maintaining these facilities.
~ 3 ~ Specif icf SiZinq, Requirements _ .
: Drainage shall be provided to handle runoff as
calculated far street inlets for a miniiaum 10-year
storm, storm, sewers f or a m~.ni~um 10-year storm, and
`
culverts and brid es for a 25-
e ` '
storm with no
9' ~ y ar
(
4
~.ncrease in $~ or
a
00-year storm, all as approved
~ by the Administrator'. ~at~er;shall not be carried on
the street: for a distance greater than a 10- ear
Y
. .stormwl l overf'law the curb. Drainage shal be
handled in natural stream Channels insofar as `roc-
p
,.
11/x/91.
Ox°dinance No Page 30
tical. No construction shall impede constr~.ct 'or
black the flow of :water in any natural or improved
watercourse.
~4y New Drainage Ways
New drainage ways are drainage facilities, other
~~, than streets, designed and constructed -to collect
!- and transport storm water where the existing natural
system is not adequate to serve the. needs of the
',
proposed develop~ent.
' Dpen ditches: will not be allowed: along rear.. lot
lines. Where apen ditches are allowed, they shall
be built in accordance with the standards eStab-
~,
~, lished in the Draina a Polc and Des n Standards.
Open ditches shall be maintained by a propert own-
Y
ers association or other entt or in lieu -of a
Y e
property owners association or other entity;~by the
~~ individual lot owners whose lots are traversed-by or
',~
adjacent to the ditch. ~:
,,
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New cxanage ways may take the form of subsurface
'i . drainage systems or pipes. These systems sha1L be
,~ ,
designed to handle, as' a ,mini~um, the runoff result=
~' ing from a 10-year storm. Subsurface drama e
g
systems are required to be in drainage fasilitesd
,~ ~ Mantenance of the surface will be the re~~~sponsib~1-
'~ ity Hof ~ ~ a property owners~~~ ~ associaton ~ or other
~_ ,
entity, or in lieu of a property 'owners association
or other entity, the individual lot owners whose
~~ _lots are traversed. by or adjascent to the drainage
~,
facility:.
(5) Exs ing Creeks
i
Existing. creeks are those rivers, bayous, brooks,
~; creeks and streams which are part of the natural
1
,~ features of the land prior to development.
. .
Any improvements to or modifications of existing
' creeks shall be made in~ accordance with College
Stations Dra~naae Policy and Design Standards.
Improvements to these existing creeks shall be
planned prior to development of the land-. Ari ode-
quote drainage :way shah. be set aside such that
there is capacity to carry the runof f resul.t'ing from
a :100-year storm plus any addtisnal area that may
~~ be needed for main enance and access for`mainte-
~~
~,
~,
~,
~~ Hance.
.
~ 11/6/91 ~ /
Ordinance No, - Page 31
Existing creeks may..: be left in their natural condi-`
ticn provided that an adequate drainage way:; is set
aside such that there is capacity to carry the:
runoff resulting frog a 100-year storm plus any
additional area that' may be needed for maintenance
and access. for maintenance.
No construction shall impede, constrict or block the
flow of water in any natural or improved water-
course. Exis ing creeks shall be maintained by a
property owners association or other entity or, in
lieu of a property Downers :association or other
entity, by the individual lot owners whose lots are
ctraver'sed by or adjacent to the creek.....
~~' Detentian~Retenton Facilities
Deter~tian and 'retention foci-lines are considered t~
be privately owned drainage focilities. They shall ~~
be .maintained by a property owners association or
other entity or, in lieu of a property owners assn-'
ciation or other entity by the individual property
owners whose properties are served by the facility.
~7~ Brd es and Culverts
fridges and culverts a located with public; streets
shall be contained within the street right-of-way.
"The City i responsible for the ~ maintenance of these
G' ~, facilities. Culverts for dr~ewa s shall be obn-
y
~~ ,
strutted according to Drainage Policy and Design
standards. Driveway culverts shall be mantained_by
the owner of he property served by the driveway.
day Dual Use Facilities
When parking lots or other approved use serve a
dual function, including detention, those -areas
. shall be designated`on the plat as detention areas.
Wherever, possible it is desirable that the
drainage be: maintained by an open channel with land-
soaped banks having adequate width' to contain the
volume cf .flow generated by the design storm under
ultimate development conditions.
~ 9 y certified tatement of Engineer -
All drainage plans shall be eens~~rueted prepared.
under the ugervison of a`regis Bred professional
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ordinance No. Page 34
(3) --
Limit:, control, or(prevent alterations to existing
water courses, surface Watez. flows -and drainage
facilities either inside or outside existing-Areas
of Special Flaod Hazard;
(4) Limit, control, or :prevent the alteration: of natural
or developed Areas of Special Flood Hazard, chan-
nels, or protective barriers which are necessary to
accommodate flood waters; .
(5} Limit, contro ,. or prevent ~~~the use of existing or
proposed drainage easements such that the :easement
remains useful for its intendedpurpose;
(6} Limit, control, or prevent the construction. of bar-
Tiers which may increase f to®d or surface water $un- r
' vff hazards to other lands or facilities;
i ; (7} Establish or cause to be established adequate
drainage easements and/or rights_ of way to control
`development and limit. potential: f ood damage and
protect exstingor proposed drainage facilities;
~,~
(~}
Limit, control,. or prevent dumping of refuse, fill,
garbage, grass clippings, brush, waste concrete, or
.other materials in existing drainage facilities
including swales, treets, inlets, ditches,- storm
sewers,~culverts etc.;
(9) Limit, control.,. or prevent filling, grading,. clear-
ing, dredging, paving, berming, or others earthwork
which may inc. Tease storm water flows ,change
F drainage pathways, increase erosion and sediments-
lion, or increase f ood hazard or dams a from flood-
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~.ng;
(10} Limit', control,. or prevent development which is
dangerous to~health safe y, or property:. by causing
increases in water-' surface elevations, velocities,
~, or flow rates which exist -prior to such development;
-
~,
(11}
'~
~
Limit, control, or prevent development' '
which is
~ a
vulnerable to flood damage:- ar require -that said
development shall be adequately pr®tected against
said flood ;.damage. at the time of canstruction;
~~~' 12
( )
' Re wire ade uate maint`enanc~e of dra'ina e '
q q g facilities
! ,
such that they retain heir capacity for conveyance
of storm and surface water flows
~~
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~:
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11\16J91
®rdinance No Page 35
~13y Establish or cause to be established adequate on--
~ s~~.te drainage facilities to control development :and
,
~~
~~ 1'imi.t potential surf ace water drainage daatage and
~ protect existing or proposed. drainage facilities.
El SPECIAL'PROVISI~NS FoR AREAS OF SPECIAL FLOOD HAZARD
In all areas..: of Special Flood Hazard where base flood
elev ations have-bee.n determined- in accordance with this ,
chap ter, the following provisions shall apply:
1
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All new construction an substantial im rovement to
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~
' a structure, and ,appurtenances shall be securely
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anchored t® prevent f otaton~ collapse or lateral
movement;
(2} All new construction, any substantial improvement to
a structure, and appurtenances°~shall be constructed
in such a manner as to minimize f loud ~ damage, and®
.- ,
all electrical, hea ing, ventilation, ...plumbing:, and
air conditioning-equipment and other sere-ice facili-
ties shall be desi ned and/or located so as to
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~,
prevent water from entering or accumulating within
~I
the component during conditions of flooding,
(3} ~ e
New and replacement sanitary sewage systems, includ-
~~ ,ing but not l~ma.ted to sep is tanks and drain
~~; fields, package treatment plant , :.;etc.,, shall be
~'~
~de igned to minimize or eliminate infiltration of
flood water into the ys~em and discharges 'from the
~~ system into flood waters`,
~, (4}` New and replacement water supply systems including
wells, treatment plants, distribution facilities,
~i etc., shall be designed o prevent infiltration of
:flood waters nt® the system;
(5} Solid or liquid waste disposal sites or systems .
shall be` desi ned and located to avoid contamination
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from ..them during flooding and to avoid impairment of
their; operation during times of flooding;
(6} All new construction or-any substantial improvement
~~ of any residential structure shall have the l®west
~'~ floor, ncludin an basement, at an elevation at
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least. ®ne foot above the base flood elevation, and
~ - certification that this standard has been: satisfied
''~~ : shall.. be submitted to ,:the. Administrator, -said certi- .
~~
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I~ f icat=ion shal bear the dated seal and signature ' of
I
11J6/91
,~
i
y Ordinance No Page. 36 -
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a registered professional engineer or registered
public surveyor on the form provided by the Admnis-
rator,
~,
~ ~7) A11 new construction ar any substantial improvement
of any commercial, industrial, Nor other non-residen=
i tial Nstructure shall either have the lowest floor,
including basements, elevated at~least one foot ~1')
above the base flood e-levaton or the structure with
its attendant utility and sanitary facili=ties shall
be floodproof ed so that the structure and 'utility
...Nand unitary facilities shall be watertight and
impermeable to the intrrasion of water in all .areas;
`
.
below the .base flood elevation, and shall resist the
structural loads and buoyancy effects from the
hydrostatic and :hydrodynamic conditions. Certifies-
tion that this standard has been . satisfied shall
bear the dated seal and signature of a regis ered
professional engineer on the .form provided by the
Administrator;
I
~~) For a l new construction and substantial improve-
menu, fully enclosed areas below the lowest floor
that are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces ®n
exterior walls by allowing for the entry and exit of
floodwaters.Designs for meeting this requirement
must either be certified by a registered pr®fes~
. signal engineer or architect or mush meet. or ~xeeed
the following minimum criteria: A minimum of two
openings having a total net :area of not less than
. one square inch ,for every square foot of encl®~ed
area object to flooding .shall be provided. The
--bottom of all openings shall be no higher than one-
'; foot above' grade. Openings may be equipped with
' Nscreens, louvers, dr other coverings or devices pr®-
vided that they permit the automa ~ entry and exit
of :floodwaters,
~ 9) In areal of special flood hazard where base flood
elevations have not been established, -base flood
elevation data shall be generated for subdivision
~! _ :proposals and .other proposed development, ngluding
,,
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l manufactured home parks and subdivi ~.ons wh-~.ch are
.
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rester than 54 lots er 5 acres whichever ~s less.
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11/6191 ~
1
I
®rdinance . ~
No: Page 37
1
F. SPECIAL PROVISIONS FOR MANUFACTURED HOMES IN AREAS OF
SPECIAL FLOOD'HAZARD
The fol owing provisions are required (n all Areas of
`~ Special Flood Hazard where base flood elevations have
been determinedf
(1) No manufactured home shall ' be placed in a f loodway;
'nor shal-1 a variance b~ granted to locate a manufac
tuned home in(a floodway; .
(2) s
A11 manufactured: homes shall be anchored to resist.. -
flotation, collapse, or lateral movement and shall
meet he follew~ag requirements:
(a) over-the-top1ties shall be provided at each of
the four cdrners of the manufactured homes;
(.b } on manufactured homes of ~ 50 feet ire length ®r
les , one additional over.-the-top tie shall be
provided approximately at the mid point;
`(c) on manufactured homes of over 50 feet in
length, two additional over-the-top t~.es s-hall
`be provided at intermediate locations;
(d~ frame ties shall be provided at each of the
four corners of the manufactured home;
(e) on manufactured homes of. 50 feet in ength or
less, four additional f rams ties shall be pry-
. vided at intermediate locations,
f on manufactured homes of oven.. 50 feet in
(_ ~
length, five additional: frame ties steal be
`provided at intermediate locations;
(g) all components of the anchoring system for
manufactured homes shall be capable of carrying
force of 4,00 pounds without sustaining per-
manent damage.
3
( ~ For new manufactured home develo menus• ex~ansi®ns
_ _p , p
to exist~.ng manufactured `home developments; ex~sting~
manufactured home developments where repair,
reconstruction, Qr improvement of the streets, utl-
ites or building pads in which the cost of repair,
reconstruction, or improvement exceeds half of the
value of the streets, utilities, and bu ding pads
before the repair, etc has commenced; and for manu-
11/6191 i
Ordinance Noo Page..41
a
ante with the provisions and requirement of this
`chapter will deprive the applicant of the reasonable
use of his land;
2
t,} The variance is necessary for the preservation and
enjoyment of fa substantial property right of the
applicant; or
~3} ' `ssued for the reconstruction
variances gna be ,
y
`rehabilitation, or restoration of structures fisted
on the National Register of Historic Places or the,
~; 5tate:Inventory of Hi topic- Places,- without regard
t® the procedures set .forth in the remainder of this
e~ect~.on.e
''
B PRERE UISITE5 FOR GRANTING OF VARIANCES
Upon consideration of the factors no ed above, the
.~
specific provisions and requirements of this chapter, and
the Intent of th s chapter, the Board-may grant variances
subject to the follownq:prerequsites
~1} A variance shall only:. b~ granted upon~a determna-
ton that the variance is the minimum neces ary,
considering the- flood hazard, or _potential flood
-damage, to afford relief to the applicant,
2 }
~ The effect of the variance will not be ~ detrimental
a e e
to the public health, safety, or pelf are, or ~.n]ur~.- .
ou to other property,
(3 } The effect of the variance will -not increase ~aater
surface elevations, flow velocities, o~r alter
drains a athwa t® the extent .that there will be
g p Y
any threat o public safety, extraordinary public
',~ expense, increase in nuisance flooding, or be -detri-
mental to other portions 'of the major ar minor
drainage sy tems~
~4} The effect of the variance will not prevent the-
orderly ubdivision of other land.., upstream or down-
•stream~of the subject proper y,: in the City, and;
~5} No variance shal be allowed within. any de gnated
floodway if any increase in water sunface elevation
'i would occur during the base flood discharge. (For
~ v~ra.ances for manufactured hoes, see Section
,
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6 F [ 1 ] .) ` phis--~-.~~r---~~--~e~---~rp~p-1-~---fie
11/6/91
Ordinance No. Page 42
~a~~~~e~~~ed--1~-i--~ra~-~e~~~--be--~,c~a-t~c~- -~
e~~s~~~g-~-~ab~~~ae~~~ed-die-~k~-a/--~tar~t.~f-amt-ter
here-st~bd~~~s®°is
(6~ 'Variance may be issued for new construction and
ubstantial improvements and for other development.
~ necessary for the conduct of a functionally depen-
' dent use. provided ghat ~i} he criteria .:and. proce-
lures ou lined in this Section f or obtaining a var~~.-
ante are met, ~ and (ii } the structure or other ~ deVel-
opment is protected by~ methods that- minimize- f food
damage dur~nq the base f loud and create no ~ addi-~
~' tional threats to ~publc safety.
~~ C® VARIANCE PROCEDURES
The granting of variances shall- be subject to and.. in
conformance with the following .procedures and require.-
ments:
t 1 } The Zoning Board of Adjustment shall hear and render
judgment on any reques s for variances from the re-
qu~.rements of his chapter;
~2} The administrator shall maintain a record of all
actions involving appeal , and variance requests,
and shall report:: all variances to the requirements
of this chapter to the Federal Insurance Adminstra-
tion .upon request;
(3} Upon consideration of the above criteria, and
prerequisites, and the intent of this chapter, the
Zoning Board of Adjus merit may attach such condi-
-tions,to the granting of any variance: as it deems
necessary to further the purpose and objectives of
this chapter;
~4~ All request for variance shall~be judged olely on
the merits and special condritions of the case. The
granting of a variance based upon the fact and evi-
Bence of one request for ariance shall have no
bearing on the consideration-of any other request
for variance;
5~
~) Pefore consideration b the Zonin Board of Ad °ust-
y g J
merit, a formal request for variance shall` be submit-
...
ted to the office of the Administrator. The request
~, shall be p~e~e~~eel-a~~ prepared by a registered pro-
11/6/9fl
Ordia~ance ` No. Page 43
1 en veer dul licensed in he State of
fessiona g Y
~'~~
~i Texas. The request shall. contain sufficient inf or-
~~~ mation to:
.
a define specifically which provision or ;require-
t }
,, ,
merit ,according to this.. chapter.. that allegedly
causes the undue hardship;
{b) detail specifically what measures shall be
J taken to obtain the minimum relief from said
hardship;
c define specifically the effects of the variance
{}
1 in terms of waver surface elevations, flood
velocities, etc. which-pertain o the prerequi-
~
r sites re wired by ths~chapter; and
q
' l (d) identify 'and special conditions Which should be
_ ,~ ~~
considered as criteria ;,for ~grant.rng said vars-
'ance.
After review Of he request, the administrator .may
require add~.tonal information which he deems neces-
nary to ful y document the prerequisites required by
this chapter for the granting of a variances This
~ 'information shall: be provided by the appl~.cant pri®r
{
the agenda
to placement of the variance request on
.
for cons'~.deration by the Zoning Board o~ Adjustment.
(6) And applicant o whom a variance is granted shall be
given written notice that the structure will be per-
muted to be built with a ].owe;st floor elevation no
more than three (3) feet be1Ow the base flood eleva-
tion, and that the cost of flood insurance will be
commensurate with the increased risk resu ting from
the reduced lower floor elevation.
(7} Any person or persons..~aggreved by :the decision-of
the Zoning Board of Adjus merit may appeal such deci-
lion to a court of competent jurisdiction.
SECTION 8: ENFORCEMENT :AND PENALTIES
A. NOTIFICATION CAF `NONCOMPLIANCE
(1') time' development, as defined by this
If ` at any
- .
chapter, takes place for which an approved
development permit. has: not been issued, ?:or
~
i development occurs which does not conform: to the f
~~
11/191
Ordinance No Page 44
plans and specifications upon which the issued
development permit was based, the Administrator
shall issue a...wrtten Notice of Noncompliance to the
owner end any and ;all persons, f inns, ;' or
' corporations Who singly or jointly.. sought to
' develop, redevelop, grade, regrade, excavate,.
,
landfill, berg, dike,, or otherwise change existing
land within the corporate limit of the City, or its
',
extraterritorial jurisdiction.
(The notice shall include a description of the nature
ach alle ed violation of this
,and location of e g .
chapter, and, if readily apparent, he measures
required to bring the development into compliance
~ e a o o e
with the provisions and requirements of this
chapter, The notice shal]. give a~ specific time
-allowance to the owner during which he must tale one
~'~ of the follown ste s tc bring the development into
g p
~',
compliance .with this chaptere
~,
~' a An acce table a lcation for a development
~ } p pp
~~ permit must be filed with the office ofp the
~,
~~,
Administrator for the : entire scope of
1
development taking place _or~ prop'osed for the
'~
' site®
_ (b} The item or items which are not in compliance
.o
w~.th the terms, conditions, and provisions of
~ s
dd d ~ or
ed a e
r ect
ha 1. be co r
ha ter 1
thy. c
p
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. a m o
improved until t ey are` in compliance with- this
chapter,-at which time ho owner shall request,
in writing 'a renspection by the Admina
istrator;
~ c ~ Mod~.f ed construction plans sha l ~ be submitted
to the Administrator which detail, in an
acceptable manner, the remedial:, additional, or
corrective measures which must :be taken to '
e ~ ~ ~ e
sand
ovis on
n t e develo merit within the r ~.
bri h
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requirements of this chapter or
i ,~
(d} An acceptable variance request, subject to the
~
~~ e ~ ' ~
provisions of this chapter, shall be submitted
to the office of ~ he Admnistrator which ~ shall
.have the e f f ect , ~ i f granted, o f removing the ~~
~' ~ ~ requirements for which the development was
i ,,
de e fined to in noncom Hance.
t rm be p
~~} The time allotment for= the e actions shall be
~! reasonable, and shall be determined according to the
,:
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