HomeMy WebLinkAbout2007-2950 - Ordinance - 01/11/2007
ORDINANCE NO. 2950
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 EFFECTNE DATE.
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
Exhibits "A" through "M", 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 thirty (30) days after its
date of passage by the City Council, as provided by Section 35 of the Charter of
the City of College Station.
PASSED, ADOPTED and APPROVED this 11 th day of Januarv. 2007.
APPROVED:
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RON S , Mayor
~~
Connie Hooks, City Secretary
APPROVED:
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>, . ... . .Iu.ilol ~.4fI1'I . . ."'J'
City Attorney
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ORDINANCE NO.2950
Page 2
EXHIBIT "A"
That Chapter 13, "FLOOD HAZARD PROTECTION", Section 1: "PURPOSE AND
AUTHORITY", of the Code of Ordinances of the City of College Station, Texas, is hereby
amended by amending subsection B, paragraph (6) as set out hereafter to read as follows:
"(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 Bryan/College Station Unified Design Guidelines,
Standard Details, and Technical Specifications;"
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ORDINANCE NO.2950
Page 3
EXHIBIT "B"
That Chapter 13, "FLOOD HAZARD PROTECTION", Section 2: "DEFINITIONS", ofthe Code
of Ordinances of the City of College Station, Texas, is hereby amended by amending the
definitions of DRAINAGE FACILITY and PRIMARY DRAINAGE SYSTEM as set out
hereafter to read as follows:
"DRAINAGE FACILITY - means any element necessary to convey stormwater flows from its initial
contact with earth to its disposition in an existing watercourse; said drainage facilities shall consist
of both public and private storm sewers (closed conduits), streets, improved channels constructed
in conformity with the Bryan/College Station Unified Design Guidelines, Standard Details, and
Technical Specifications, unimproved drainageways left in their natural condition, areas covered
by drainage easements for the purpose of providing concentrated or overland sheet flow, and all
appurtenances 10 the foregoing, including inlets, manholes, junction boxes, headwalls, energy
dissipaters, culverts, etc."
"PRIMARY DRAINAGE SYSTEM . means the system of natural watercourses, improved or
channelized watercourses: and all ciosed conduits, culverts, bridges, detention facilities, and
retention facilities associated with the watercourses; all of which are shown or indicated in the
Bryan/College Station Unified Design Guidelines, Standard Details, and Technical Specifications."
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ORDINANCE NO.2950
Page 4
EXHIBIT "C"
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 B. ESTABLISHMENT OF CITY DRAINAGE POLICY
AND DESIGN STANDARDS and creating a new subsection B. ESTABLISHMENT OF
BRYAN/COLLEGE STATION UNIFIED DESIGN GUIDELINES, STANDARD DETAILS,
AND TECHNICAL SPECIFICATIONS as set out hereafter to read as follows:
"B. ESTABLISHMENT OF BRYAN/COLLEGE STATION UNIFIED DESIGN GUIDELINES.
STANDARD DETAILS. AND TECHNICAL SPECIFICATIONS
All design, construction plans, as-built construction plans, plats, zoning change requests, site
plans, building permit applications, and all items relating to stormwater flows shall be in
accordance with the Bryan/College Station Unified Design Guidelines, Standard Details, and
Technical Specifications. This document shall be available at the office of the Administrator and
shall be maintained by him as a single document."
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ORDINANCE NO.2950
Page 5
EXHIBIT "D"
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 amending subsection C. ESTABLISHMENT OF DEVELOPMENT
PERMIT, paragraph (1) as set out hereafter to read as follows:
"(1) Exception - The following uses shall be exempt from the permitting requiremenls of the
ordinance but must otherwise meet all of the requirements of the ordinance and the
Bryan/College Station Unified Design Guidelines, Standard Details, and Technical
Specifications:
(a) Customary and incidental grounds maintenance, landscaping, and gardening.
(b) Improvements by a homeowner on property used as their principal residence
where that property lies outside of the designated Area of Special Flood Hazard.
(c) Uses by a landowner of their property for bona fide agricultural purposes where
that property lies outside of the designated Area of Special Flood Hazard."
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ORDINANCE NO.2950
Page 6
EXHIBIT "E"
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 amending subsection E. COMPLIANCE as set out hereafter to read as
follows:
"E. COMPLIANCE
No structure, permanent or otherwise, or land, shall hereafter be located, substantially improved,
platted, replatted, subdivided, have its use changed, or have its drainage pattern changed, without
full compliance with the terms and provisions of this chapter, the Bryan/College Station Unified
Design Guidelines, Standard Details, and Technical Specifications, and other applicable
regulations. The provisions of this chapter shall apply to and be binding on any and all persons,
firms, or corporations who singly or jointly seek to develop, redevelop, grade, regrade, excavate,
landfill, berm, dike, or otherwise change existing land within the corporate limit of the City, or its
extraterritorial jurisdiction.
(1) Interpretation. In the interpretation and application of this chapter, all provisions shall be:
(I) considered as minimum requirements; (2) liberally constructed in favor of the governing
body, health, and safety, and (3) deemed neither to limit nor repeal any other powers
granted under State statutes. The Administrator shall interpret and apply this chapter. If
the Administrator determines that the meaning of a word, provision, or requirement is
unclear, or that its application to a particular circumstance is uncertain, or upon written
request for an interpretation by any interested party, the Administrator shall prepare a
written interpretation or determination, setting forth the reasons, explanations, and
conclusions regarding the interpretation. Appeals of interpretations made under this
section shall be made in accordance with Section 4 of this chapter.
(2) Abrogation and Greater Restriction. This chapter is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions; however, where this
chapter and another conflict, or overlap, whichever imposes the more stringent
restrictions, under the interpretation of the Administrator, and subject to the provisions of
interpretation defined above, shall apply.
(3) Warning and Disclaimer of Liability. The degree of flood protection accorded by the
requirements of this chapter is considered reasonable for regulatory purposes and is
based on scientific and engineering considerations which are consistent with accepted
engineering principles and practice. Floods from stormwater flows can and will occur
which are greater than those indicated or referenced under this chapter, and water
surface elevations may be increased by man-made or natural causes beyond the scope
of this chapter. This chapter does not imply that land outside the areas of special flood
hazard, or uses permitted within such areas will be free or protected from flooding or flood
damages. This chapter shall not be construed as warranting any such protection or
freedom. This chapter shall not create liability on the part of the City, the Administrator of
this chapter, or any office or employee of the City, or for any flood damages resulting from
reliance on or compliance with the provisions and requirements of this chapter or any
administrative decision lawfully made thereunder.
(4) Exception. Any development in an approval process prior to adoption of this chapter shall
be excepted from the provisions and requirements of this chapter; however, said
development shall be required to comply with all applicable provisions and requirements,
and all applicable ordinances and regulations in effect prior to adoption of this chapter.
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ORDINANCE NO.2950
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Developments shall be considered in an approval process given one or more of the
following conditions apply:
(a)
An acceptable application for building permit has been filed with all requirements
for that application having been met within ninety (90) days of the date of
adoption of this ordinance:
An acceptable final plat, with all construction drawings, has been submitted,
subject to the requirements of the Subdivision Control Ordinance, within one
hundred eighty (180) days of the date of adoption of this ordinance;
An acceptable site plan has been submitted, subject to the requirements of the
Zoning Ordinance, within ninety (90) days of the date of adoption of this
ordinance."
(b)
(c)
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ORDINANCE NO.2950
Page 8
EXHIBIT "F"
That Chapter 13, "FLOOD HAZARD PROTECTION", Section 4: "ADMINISTRATION", of
the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending
subsection B. DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR, paragraphs
(4), (7) and (8) as set out hereafter to read as follows:
"(4) maintain, update, and provide to interested parties at a reasonable cost the Bryan/College
Station Unified Design Guidelines, Standard Details, and Technicai Specifications,"
"(7) provide information to the Zoning Board of Adjustments, Municipal Court, or City Council,
as applicable on all variance requests, administrative appeals, enforcement actions, and
proposed amendments to the Bryan/College Station Unified Design Guidelines, Standard
Details, and Technical Specifications as required;" and
"(8) review and utilize any acceptable new flood study data in accordance with the
Bryan/College Station Unified Design Guidelines, Standard Details, and Technical
Specifications;"
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ORDINANCE NO.2950
Page 9
EXHIBIT "G"
That Chapter 13, "FLOOD HAZARD PROTECTION", Section 4: "ADMINISTRATION", of
the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending
subsection D. PERMIT PROCEDURES, paragraph (2) as set out hereafter to read as follows:
"(2) An application for a Development Permit shall be presented to the Administrator, on forms
available in his office, and shall inciude one or more of the following: construction plans,
drainage plan, erosion and sediment control plan, engineering drainage design and
analysis documentation, drainage report, and location of the foregoing in relation to Areas
of Special Flood Hazard: each of which shall conform to the Bryan/College Station Unified
Design Guidelines, Standard Details, and Technical Specifications."
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ORDINANCE NO.2950
Page 10
EXHIBIT "H"
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 amending
subsection C. REVISION OR AMENDMENT OF FLOOD INSURANCE STUDY as set out
hereafter to read as follows:
"C. REVISION OR AMENDMENT OF 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 modification of any watercourse is involved, an effective Conditional
Letter of Map Amendment shall be on file with the Administrator prior to any development. All
submittals to FEMA shall be made at no cost to the City.
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ORDINANCE NO.2950
Page 11
EXHIBIT "I"
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 amending
subsection D. METHODS OF REDUCING FLOOD DAMAGE as set out hereafter to read as
follows:
"D. METHODS OF REDUCING FLOOD DAMAGE
In order that the purposes of this chapter shall be accomplished in accordance with Section 1, the
following methods, measures, requirements, and practices mav be utilized by the Adminislrator in
accordance with the Bryan/College Station Unified Design Guidelines, Standard Details, and
Technical Specifications:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Limit peak stormwater flows after development to that which existed before development;
Limit, control, or prevent changes in the path of stormwater flows across or away from a
site or development;
Limit, control, or prevent alterations to existing watercourses and drainage facilities either
inside or outside existing Areas of Special Flood Hazard:
Limit, control, or prevenl the alteration of natural or developed Areas of Special Flood
Hazard, channels, or protective barriers which are necessary to accommodate flood
waters;
Limit, control, or prevent the use of existing or proposed drainage easements such that
the easement remains useful for its intended purpose;
Limit, control, or prevent the construction of barriers which may increase flood hazards to
other lands or facilities;
Establish or cause to be established adequate drainage easements and/or rights of way
to control development and limit potential flood damage and protect existing or 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, streets, inlets,
ditches, storm sewers, culverts, etc.;
Limit, control, or prevent filling, grading, clearing, dredging, paving, berming, or other
earthwork which may increase stormwater flows, change drainage pathways, increase
erosion and sedimentation, or increase flood hazard or damage from flooding;
Limit, control, or prevent development which is dangerous to health, safety, or property by
causing increases in waler surface elevations, velocities, or flowrates which exist prior to
such development;
Limit, control, or prevent development which is vulnerable to flood damage or require that
said development shall be adequately protected against said flood damage at the time of
construction:
Require adequate maintenance of drainage facilities such that they retain their capacity
for conveyance of stormwater flows.
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ORDINANCE NO.2950
Page 12
EXHIBIT "J"
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 amending
subsection G. SPECIAL PROVISIONS FOR FLOODWAYS, paragraph (1) as set out hereafter
to read as follows:
"(1) Encroachments shall be prohibited, including fill, new construction, substantial
improvements of existing construction, structures, manufactured homes, or other
development. Variances requested on this standard shall be accompanied by a complete
engineering report fully demonstrating that the encroachments shall not result in any
increase in water surface elevation or flood hazard upstream, within, or downstream of
the encroachment location. The engineering report shall conform to the requirements of
the Bryan/College Station Unified Design Guidelines, Standard Details, and Technical
Specifications and shall bear the dated seal and signature of a regislered professional
engineer:"
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ORDINANCE NO.2950
Page 13
EXHIBIT "K"
That Chapter 13, "FLOOD HAZARD PROTECTION", Section 7: "ENFORCEMENT AND
PENALTIES", of the Code of Ordinances of the City of College Station, Texas, is hereby
amended by amending subsection D. FINE NOT EXCLUSIVE PENALTY as set out hereafter to
read as follows:
"D. FINE NOT EXCLUSIVE PENALTY
In addition to a fine, the City may institute appropriate actions or proceedings at law or equity for
the enforcement of the provisions of this chapter or Bryan/College Station Unified Design
Guidelines, Standard Details, and Technical Specifications, or to correct violations thereof, and, if
applicable, appropriate actions or proceedings at law or equity against any surety company,
escrow holder, or any third party who has affirmatively acted as surety or guarantor for the faithful
performance of the permit holder's work."
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