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HomeMy WebLinkAbout2009-3189 - Ordinance - 07/09/2009ORDINANCE NO. 3189 AN ORDINANCE AMENDING CHAPTER 13, ,, FLOOD HAZARD PROTECTION ,, , OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 13, "Flood Hazard Protection Ordinance ", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibits "A -G," attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty -five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective one hundred and twenty (120) days after its date of passage by the City Council, and as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 9th day of Jn1y 9 2009. TEST: City Secretary APPROVED: MAYOR ORDINANCE NO. 3189 Page 2 EXHIBIT "A" That Chapter 13, "Flood Hazard Protection," Section 3, "General Provisions and Applicability" of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by deleting Subsection E.(4). ORDINANCE NO. 3189 Page 3 EXHIBIT "B" That Chapter 13, "Flood Hazard Protection," Section 4 -A, "Designation of Administrator" of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by deleting said section and substituting the following: "SECTION 4: ADMINISTRATION. A. DESIGNATION OF ADMINISTRATOR The City Engineer shall be the Administrator to implement, administer, and oversee the provisions, terms, and conditions and requirements of this Chapter and shall maintain as his guideline for administration the purposes of this Chapter." ORDINANCE NO. 3189 Page 4 EXHIBIT "C" That Chapter 13, "Flood Hazard Protection ", Section 5 -C, "Revision or Amendment of Flood Insurance Study ", of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by replacing, as set out hereafter to read as follows: C. REVISION OR AMENDMENT OR FLOOD INSURANCE STUDY Any revision or amendment to the Flood Insurance Study which is requested by a land owner in the City shall be submitted to the designated Administrator of the Stormwater Management Program in accordance with the requirements set forth in the Bryan /College Station Unified Design Guidelines, Standard Details, and Technical Specifications. All requests for map amendment or map revision must be approved by the Administrator in writing prior to their submission to FEMA. If a modification of any watercourse is involved where a total of 300 feet reach or more is channelized or closed within a culvert, an effective Conditional Letter of Map Amendment shall be on file with the Administrator prior to any development or issuance of a Development Permit. All submittals to FEMA shall be made at no cost to the City. ORDINANCE NO. 3189 Page 5 EXHIBIT "D" That Chapter 13, "Flood Hazard Protection ", Section 5 -E, "Special Provisions for Areas of Special Flood Hazard ", of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by replacing Section 5 -E, as set out hereafter to read as follows: T. SPECIAL PROVISIONS FOR AREAS OF SPECIAL FLOOD HAZARD In all areas of Special Flood Hazard the following requirements shall apply to all public and private developments: (1) All new construction, any substantial improvement to a structure, and appurtenances shall be securely anchored to prevent flotation, collapse or lateral movement. (Ordinance No. 2950 of January 11, 2007) (2) All new construction, any substantial improvement to a structure, and appurtenances shall be constructed in such a manner as to minimize flood damage and provide adequate drainage; and, all electrical, heating, ventilation, pluming, and air conditioning equipment and other service facilities shall be designed and /or located at least one foot above the Base Flood Elevation so as to prevent water from entering or accumulating within the components during conditions of flooding;" (Ordinance No. 3133 of November 5, 2008) (3) New and replacement sanitary sewage systems, including but not limited to septic tanks and drain fields, package treatment plants, etc., shall be designed to minimize or eliminate infiltration of flood waters into the system and discharges from the system into flood waters; (4) New and replacement water supply systems including wells, treatment plants, distribution facilities, etc., shall be designed to prevent infiltration of flood waters into the system; (5) Solid or liquid waste disposal sites or systems shall be designed and located to avoid contamination 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 lowest floor, including all utilities, ductwork and any basement, at an elevation at -least one foot above the Base Flood Elevation. Certification that the applicable standards have been satisfied shall be submitted to the Administrator, said certification shall bear the dated seal and signature of a registered professional engineer or registered professional land surveyor on the form provided by the Administrator; (7) All new construction or any substantial improvement of any commercial, industrial, or other non - residential structure shall either have the lowest floor, including all utilities, ductwork and basements, elevated at least one foot above the Base Flood Elevation, or the structure with its attendant utility, ductwork, basement and sanitary facilities shall be flood - proofed so that the structure and utilities, ductwork, basement and sanitary facilities shall be watertight and impermeable to the intrusion 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. Certification that the applicable standards have been satisfied shall bear the dated seal and signature of a registered professional engineer on the form provided by the Administrator; ORDINANCE NO. 3189 Page 6 (8) For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are used solely for parking of vehicles, building access or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed 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 enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; (9) In areas 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, including manufactured home parks, which are greater than 50 lots or 5 acres, whichever is less. (10) In Al -30, AH, and AE Zones [or areas of special hazard], all recreational vehicles to be placed on a site must (i) be elevated and anchored; and (ii) be on the site for less than 180 consecutive days; and (iii) be fully licensed and highway ready. (11) (a) Any new construction, substantial improvement to a structure or fill that encroaches into the Special Flood Hazard Area shall be prohibited unless it can be demonstrated that same will have no adverse impacts as set forth below. Certification of this shall be required as approved by the Administrator based upon a submitted engineering report that includes hydrologic and hydraulic analysis which conform to the requirements of this Chapter and the Bryan /College Station Unified Design Guidelines, Standard Details, and Technical Specifications. All submitted information required herein shall bear the dated seal and signature of a registered professional engineer: (1) The engineering report shall demonstrate that such construction, improvement or fill creating the encroachment does not, at any time, cause any of the following upstream, within, near, adjacent, or downstream of such encroachment: a) An increase in the Base Flood Elevations. In the event that Base Flood Elevations are not known at the time of submitting the information required herein, Base Flood Elevations must be determined; b) Creation of additional areas of Special Flood Hazard Area; c) A loss of conveyance capacity to that part of the Special Flood Hazard Area that is not in the floodway and where the velocity of flow in the Base Flood event is greater than one foot per second. This area can also be approximated to be either areas within 100 feet of the boundary of the regulatory floodway or areas where the depth of from the BFE to natural ground is 18 inches or greater; d) A loss of Base Flood water storage volume to the part of the Special Flood Hazard Area that is beyond the floodway and conveyance area where the velocity of flow in the Base Flood is equal to and less than one foot per second without acceptable compensation as set forth herein. ORDINANCE NO. 3189 Page 7 Acceptable compensation for the loss of storage volume requires a demonstration of cuts and fills, must be mitigated on -site and must demonstrate no net fill. In general, excavation within the Special Flood Hazard Area and below the Base Flood Elevation is the only acceptable method of mitigation of fill placed below the Base Flood Elevation in the Special Flood Hazard Area; and e) An increase in Base Flood velocities. In the event the Future Conditions Flood data is known at the time of submittal, then the Future Conditions modeling must be used in lieu of the Base Flood modeling. (2) In meeting the requirements set forth in 11(a)(1) above, if fill is proposed a Certification of Compaction of fill in accordance with FEMA Technical Bulletin 10 -01 must be submitted. (3) The following are exempt from subparagraph (a)(1) above: (a) Lots where the adverse impacts are wholly contained: 1. On the subject property or only impacting the subject property and other property with same ownership, 2. On a property where its owner joins the associated development permit application which causes, quantifies, and outlines the adverse impact defined above, 3. Within a Private Drainage Easement which is specified to be privately owned and maintained, and is recorded at the Brazos County Court House, or 4. Within public Rights -of -Way provided other requirements for use and encroachments within public Rights -of -Way as set forth elsewhere in this Code of Ordinances are met; or (b) Lots legally platted and recorded at Brazos County Court House prior to the adoption of this ordinance, unless such plat is subsequently replatted, vacated or otherwise altered. However, an amending plat does not remove this exemption. (12) For all new construction, substantial improvement to a structure, or fill located within Floodways, the following provisions apply in addition to the requirements of item (11) above: (1) A variance must be granted; However, proposed street and public utility encroachments shall be exempt from the requirement of a variance provided that provision (2) below is satisfied; and (2) It must be demonstrated as certified by a professional engineer that such construction, improvement or fill encroaching the Floodway does not increase the Base Flood Elevation. Such certification shall bear the dated seal and signature of the professional engineer. (13) The following are exempt from both subparagraphs (11) and (12) above: (a) Customary and incidental routine grounds maintenance, landscaping and home gardening provided same (i) does not increase the Base Flood ORDINANCE NO. 3189 Page 8 Elevation; (ii) does not create Areas of Special Flood Hazard upstream, within, nearby or downstream; and (iii) does not require a building permit, zone change request, or variance from the provisions of the Zoning Ordinance; (b) Temporary emergency repairs deemed necessary for the preservation of life, health, or property provided a permanent repair be done as soon as practicable; and provided that to the maximum degree deemed reasonable and prudent by the City such repair is made and maintained so as to minimize increasing water surface elevation and to minimize the creation of additional Areas of Special Flood Hazards. Certification of this shall be required on a form provided by the Administrator based upon a submitted engineering report that includes hydrologic and hydraulic analysis, conforms to the requirements of this Chapter and the Bryan /College Station Unified Design Guidelines, Standard Details, and Technical Specifications, and bears the dated seal and signature of a registered professional engineer; and (c) Temporary excavation for the purpose of maintaining or repairing any public street, public utility facility including service lines related thereto, or any other public infrastructure provided such area of excavation is returned as soon as practicable to its prior condition or better with respect to meeting the requirements set forth in this Section. (14) Approved mitigation such as excavation, must be properly approved and occur prior to any approved encroachment or fill is placed in the construction sequencing. ORDINANCE NO. 3189 EXHIBIT "E" Page 9 That Chapter 13, "Flood Hazard Protection ", Section 5 -F, "Special Provisions for Manufactured Homes in Areas of Special Flood Hazard ", of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by replacing Section 5 -F, as set out hereafter to read as follows: "F. SPECIAL PROVISIONS FOR MANUFACTURED HOMES IN AREAS OF SPECIAL FLOOD HAZARD The following provisions are required in all Areas of Special Flood Hazard: (1) No manufactured home shall be placed in a floodway; (2) All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement and shall meet the following requirements: (a) over - the -top ties shall be provided at each of the four corners of the manu- factured homes: (b) on manufactured homes of 50 feet in length or less, 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 ties shall 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 length or less, four additional frame ties shall be provided at intermediate locations; (f) on manufactured homes of over 50 feet in length, five additional frame ties shall be provided at intermediate locations; (g) all components of the anchoring system for manufactured homes shall be capable of carrying a force of 4800 pounds without sustaining permanent damage. (3) For new manufactured home developments; expansions to existing manufactured home developments; existing manufactured home developments where repair, reconstruction, or improvement of the streets, utilities, or building pads exceeds half of the value of the streets, utilities, and building pads before such repair, reconstruction or improvement; and for manufactured homes not placed in a manufactured home development; a registered professional engineer or land surveyor shall certify that the following applicable standards have been satisfied in a manner approved by the Administrator and shall bear the dated seal and signature of such registered professional engineer or land surveyor: ORDINANCE NO. 3189 Page 10 (a) "chat stands or lots shall be elevated on compacted fill or on pilings such that the lowest floor of the manufactured home will be one foot above the Base Flood Elevation and the elevation of the center of the stand shall be no more than one foot below the Base Flood Elevation. (b) adequate surface drainage and access for a hauler shall be provided. (c) if a manufactured home is elevated on pilings: (i) lots shall be large enough to permit steps; (ii) piling foundations shall be placed in stable soil no more than ten feet apart; (iii) reinforcement shall be provided for pilings more than six feet above the existing or finished ground level." ORDINANCE NO. 3189 Page 11 EXHIBIT "F" That Chapter 13, "Flood Hazard Protection ", Section 5, "Special Provisions ", of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by deleting Section 5 -G, "Special Provisions for Floodways" and by adding a new Section 5 -G, "Special Provisions for Areas of Shallow Flooding" as set out hereafter to read as follows: "G. SPECIAL PROVISIONS FOR AREAS OF SHALLOW FLOODING Located within the Areas of Special Flood Hazard established in Section 5 -13 are areas designated as Areas of 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 pathway of flood waters is indeterminate and unpredictable; therefore, the following provisions shall be required: (1) All new construction or any substantial improvement of any residential structure shall have the lowest floor, including basements, elevated at least one foot above the depth number specified on the community's FIRM. (2) All new construction or any substantial improvement of any commercial, industrial, or other non - residential structure shall: (a) Have the lowest floor, including basements, elevated at least one foot above the depth number specified on the community's FIRM; or (b) The structure with its attendant utility and sanitary facilities shall be floodproofed so that the structure and utility and sanitary facilities shall be watertight and impermeable to the intrusion of water in all areas below the Base Flood Elevation, and shall resist the structural loads and buoyancy effects from hydrostatic and hydrodynamic conditions. A registered professional engineer shall certify that this standard has been satisfied in a manner approved by the Administrator and shall bear the dated seal and signature of such registered professional engineer. (3) Adequate drainage paths to guide floodwaters around and away from proposed structures shall be provided for all proposed structures on slopes in Zones AH or AO." ORDINANCE NO. 3189 Page 12 EXHIBIT "G" That Chapter 13, "Flood Hazard Protection ", Section 5, "Special Provisions ", of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by deleting Section 5 -H, "Special Provisions for Areas of Shallow Flooding ".