HomeMy WebLinkAbout1997-2277 - Ordinance - 11/13/1997ORDINANCE NO. 2277
AN ORDINANCE AMENDING CHAPTER 13 "FLOOD HAZARD PROTECTION", OF THE
CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMEND-
ING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY
CLAUSE; AND DECLARING A PENALTY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 13, "Flood Hazard Protection", of the Code of Ordinances of the
City of College Station, Texas, be amended as set out in Exhibit "A", 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
Two Thousand Dollars ($2,000.00). 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 ten (10) days after its publication in the
newspaper, as provided by Section 35 of the Charter of the City of College
Station.
PASSED, ADOPTED and APPROVED this day of NOVEMBER
ATTEST:
CONNIE HOOKS, City Secretary
APPROVED:
, 1997.
McILHANEY, Mayor
Ordinance No. 2277 Page 2
EXHIBIT A
AMEND CHAPTER 13, SECTION 1:B AS FOLLOWS:
B. PURPOSE
It is the purpose of this chapter to protect maintain, and enhance the public
health safety, and general welfare by, establishing minimum requirements and
procedures to control the adverse impacts associated with the increased
stormwater flows generated by development. It is also the purpose of this
chapter to enhance the public health, safety and weltare by furthering the goals
and pob ectives ot the City ot College Station Comprehensive Plan and all ot its
elements. I he tollowing objectives will minimize public and private losses due to
flooding, erosion, and sedimentation:
(1) To protect human life and health;
(2) To minimize the expenditure of public money for costly flood and erosion
control projects;
(3) To minimize the need for relief and rescue efforts associated with flooding
and generally undertaken at the expense of the general public;
(4) To minimize the damage to public facilities and utilities such as water 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 as to minimize future
areas of flooding;
(6) To establish review, approval, and permit procedures for the methods of
handling, conveying, and disposing of .stormwater flows within the
corporate limits and extraterritorial jurisdiction of the City,, and insure the
review by the appropriate authority of the design, analysis, construction
and maintenance of all drainage facilities according to the provisions of
this ordinance and the Drainage Policy and Design Standards;
(7) To restrict or prohibit development which is dangerous to health, safety,
or property during flooding conditions, or causes unacceptable increases
in water surface elevations or velocities;
(8) To require that uses vulnerable to floods, or flooding including public and
private facilities which serve such uses, be protected against flood
damage at the time of initial construction;
(9) To provide authoritative guidance in the alteration of any. natural stream
course, flood plain, or their associated protective barriers which are
involved in the accommodation of floodwaters;
(10) To prevent the construction of barriers which will divert stormwater flows
and subject other lands to increased flood hazard;
Ordinance No. 2277 Page 3
(11) To provide authoritative guidance in the modification of ground cover to
minimize erosion and sedimentation;
(12) To ensure that potential property owners are notified if the property is
included in an area of special flood hazard;
(13) To control filling, grading, dredging, and other development which may
increase flood damage.
AMEND CHAPTER 13, SECTION 4:D.TO ADD 4.D.(4) TO READ AS FOLLOWS
O Any proposal which alters the floodways of the following special drainage
areas:
• The entirety of Carter's Creek
• 1 he main channel and south fork of Lick Creek
• Wolt Nen creek trom SH b By -Nass to the confluence with Carter's
creek and 1 ne Brazos Kiver
shall receive written notice of approval or disapproval of the development
permit trom the I-loodplain Administrator within sixty (bU) working days
atter receipt of the proposal.
AMEND CHAPTER 13, SECTION 6 (A). AS FOLLOWS:
SECTION 6: VARIANCES
A. GENERAL
The Zoning Board of Adjustments may authorize a variance to the provisions
and requirements of this chapter when, in their opinion, undue hardship on the
owner will result from strict compliance with those requirements, and when either
of the following criteria are met:
(1) There are special circumstances or conditions affecting the land involved
such that strict compliance with the provisions and requirements of this
chapter will deprive the applicant of the reasonable use of his land, or;
(2) The variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant, or;
Variances maybe issued for the reconstruction, rehabilitation, or
restoration of sructures 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.
(3)