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HomeMy WebLinkAbout1981-1301 - Ordinance - 06/25/1981page 1 L ORDINANCE NO. 1301 AN ORDINANCE AMENDING THE CODE OF ORDINANCE, CITY OF COLLEGE STATION, BY THE ADDITION OF CHAPTER 13, RELATING TO FLOOD HAZARD PROTECTION, AND REPEALING ORDINANCE NO. 936. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: WHEREAS,the City Council of the City of College Station recognizes that the flood hazard areas of College Station are subject to periodic inundation which could 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; and WHEREAS, 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; and WHEREAS, the City Council has determined that the following is necessary for the public health, safety, and general welfare; THAT THE CODE OF ORDINANCES, CITY OF COLLEGE STATION, IS HEREBY AMENDED BY THE ADDITION OF CHAPTER 13 AS FOLLOWS: 1. OR SECTION I: PURPOSE, OBJECTIVE, AND DEFINITIONS A. PURPOSE It is the purpose of this chapter 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: (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood control projects; (3) To minimize the need for rescue and relief eforts associated with flooding and generally undertaken at the expense of the general public; -1- MI 1 page 2 (4) To minimize prolonged business interruptions; (5) To 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) To 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 the flood blight areas; and, (7) To insure the potential buyers are notified that property is in a flood area. B. METHODS OF REDUCING FLOOD LOSS B. In order to accomplish its purposes, this chapter uses the following methods: (1) 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; (3) Control the alteration of natural flood plains, stream channels, and natural protective barriers, which are involved in the accomodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. C. DEFINITIONS M Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter its most reasonable application. Appeal - means a request for a review of the City Engineer's interpretation of any provisions of this chapter or a request for a variance. Area Of Shallow Flooding - means a designated AO Zone within the area -2- 030430 page 3 of specific flood hazard 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 change of flooding in any given year, also known commonly as the "100 year Flood Plain." Base Flood - means the flood having a one percent chance of being equaled or exceeded in any given year. 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 effecive date of this chapter. 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 he mobile homes are to be affixed (including the installation of utilities, either final site grading or the 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 n -3- d3�'31 page 4 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 or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood. 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. 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 propery of accessory buildings, such as 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 n -4- 03432 page 5 mobile home subdivision, "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 chapter when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this chapter. SECTION 2: GENERAL PROVISIONS A. LANDS TO WHICH THIS CHAPTER APPLIES This chapter shall apply to all areas of special flood hazard (100 year flood plain), within the city limits of College Station. B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of College Station," dated January 2, 1981, with accompanying Flood Insurance Rate Maps and Flood Hazard Boundary - Floodway Maps and any revision thereto are hereby adopted by reference and declared to be a part of this chapter. Same are to be officially maintained in the custody of the City Engineer. C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be required prior to development (as LM -5- A=24% ?e_ page 6 defined in Section 1 -C) to ensure conformance with the provisions of the chapter as provided in Section 3 -C. D. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this chapter and other applicable regulations. E. ABROGATION AND GREATER RESTRICTIONS 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 shall prevail. F. INTERPRETATION In the interpretation and application of this chapter, 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. G. WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man -made or natural causes. This chapter 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 chapter shall not create liability on the part of The City of College Station or any officer or employee thereof for any flood damages that result from reliance on this or any administrative decision lawfully made thereunder. SECTION 3: ADMINISTRATION A. DESIGNATION OF THE CITY ENGINEER The City Engineer is hereby appointed to administer and implement the provisions of this chapter. B. DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER Duties and responsibilities of the City Engineer shall include, but not be limited to: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this chapter. -6- 03434 page 7 (2) Review, approve or deny all applications for development permits required by Section 2 -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 governmental agencies from which prior approval is required; (4) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the City Engineer shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 3 -D(2) . This provision applies only to disputed circumstances, and the initial responsiblity for locating such boundaries shall be that of the Engineer working for the applicant. (5) Notify adjacent communities and the Water Resources Board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; (6) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. (7) When base flood elevation data has not been provided in accordance with Section 2 -B, the City Engineer 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 Section 4. C. PERMIT PROCEDURES (1) Application for a Development Permit shall be presented to the City Engineer on forms furnished by him and may include, but not be limited to, plans in duplicate drawn to scale showing the locations, 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 flood - proofed; -7- page 8 c. A certificate from a registered professional engineer or architect that the non - residential flood - proofed structure shall meet the flood - proofing criteria of Section 4 -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 Pemit by the City Engineer shall be based on all of the provisions of this chapter and the following relevant factors: a. The danger to life and property due to flooding or erosion damage; b. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; c. The danger that materials may be swept onto other lands to the injury of others; d. The compatibility of the proposed use with existing and anticipated development; e. The safety of access to the property in times of flood for ordinary 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. 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 comprehesive plan for that area. D. VARIANCE PROCEDURES (1) The Zoning Board of Adjustment shall hear and render judgement on requests for variances from the requirements of this chapter. W436 page 9 (2) The Zoning Board of Adjustment shall hear and render judgement on an apeal only when it is alleged there is an error in any requirement, decision, or determination made by the City Engineer in the enforcement or administration of this chapter. (3) Any person or persons aggrieved by the decision of the Zoning Board of Adjustment may appeal such decisions in the courts of competent jurisdiction. (4) The City Engineer 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, rehabilitaion 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 Section 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 chapter, the Zoning Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter (Section 1, Sections C and D). (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 the flood hazard, to afford relief. b. Variances shall only be issued upon (i) a showing of good and sufficient 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, extraordinary public expense, create nuisances, cause fraud on or -9- 03437 page 10 r victimization of the public, or conflict with existing local laws or codes. c. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation no more than 3 feet below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. SECTION 4: PROVISIONS FOR FLOOD HAZARD REDUCTION 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 systewms 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. B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Section 2 -B, (ii) Section 3 -B (7), or (iii) Section 4 -D, (3) the following provisions are required: (1) Residential Consruction - New Construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to one foot above the base flood elevation. A registered professional engineer, or land surveyor shall submit a certification to the City Engineer that the standard of this LM stela ee page 11 subsection, as proposed in Section 3 -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 one foot above the level of the base flood elevation or, together with attendant utility and sanitary facilities, be flood- proofed so that below- the -base flood level the stucture is water tight 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 buoyance. A registered professional engineer shall submit a certification to the City Engineer that the standards of this subsection as proposed in Section 3 - C (1) (c), are satisfied. (3) Mobile Homes - a. No mobile home shall be placed in a floodway, of if applicable, except in an existing mobile home park or existing mobile home subdivision. 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 homes less than 50 feet long requiring four additional ties perside; (iii) all components of the anchoring system be capable of carrying a force of 4,800 pounds; (iv) any additions to the mobile home be similarly anchored. C. For new mobile home parks and subdivisions; for expansions to existing mobile home parks and subdivisions; for existing mobile home parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of value of the streets, utilities and pads before the repair, reconstuction or improvement has commenced; and for mobile homes not placed in a mobile home park or subdivision the following are required: (i) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level. A registered professional engineer, or land surveyor shall submit a certification to the City Engineer that the standard of -11- ��� page 12 r this paragraph complies with Section B (1) of this Section. (ii) adequate surface drainage and access for a hauler are provided; and (iii) in the instance of elevaton on pilings: (1) lots are large enough to permit steps, (2) piling foundations are placed in stable soil no more than ten feet apart, and (3) reinforcement is provided for pilings more than six feet above the ground level. (4) Floodways - located within areas of special flood hazard established in Section 2 -B are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: a. Encroachments are prohibited, including fill, new construction, substantial improvements and other developments unless certification by a professional registered engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurence of the base flood discharge. b. If Section 4 - B (4) (a) above is satisfied, all new construction and substantial improvements shall comply with all aplicable flood hazard reduction provisions of Section 4. c. Prohibit the placement of any mobile homes, except in an existing mobile home park or subdivision. C. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES) Located within the areas of special flood hazard established in Section 2 -B are areas designated as 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 path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures shall have the lowest floor, inlcuding basement, elevated above the crown of the nearest street to or above the depth number specified on the community's FIRM. (2) All new construction and substantial improvements of nonresidential structures shall: (i) Have the lowest floor, including basement, elevated above the crown of the nearest street or above the depth number specified on the FIRM, or; -12- 034 page 13 Together with attendant utility and sanitary facilities be completely flood - proofed to or above that level so that any space below that level 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 buoyance. (3) A registered professional engineer shall submit a certification the City Engineer that the standards of this Section, as proposed in Section 3 -C (1) (a) , are satisfied. SECTION D. STANDARDS FOR SUBDIVISION PROPOSALS (1) All subdivision proposals shall be consisent with Section 1 -B and Section 1 -B chap}er. (2) All proposals for the development of subdivisons shall meet Development Permit requirements of Section 2 -C, Section 4 -C, and the provisions of Section 4 of this chapter. (3) Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of 50 lots or 5 acres, if not otherwise provided pursuant to Section 2 -B, or Section 3 -B(7) of this chapter. 1`" (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. 2 . Should any section, paragraph, sentence, clause, phrase, or word of this ordinance be declared unconstitutional or invalid for any purpose, the remainder of this ordinance shall not be affected thereby. 3. That all ordinances or parts of ordinances in conflict herewith repealed to the extent of the conflict only. 4. And, it is ordained that this ordinance shall become effective from and after its passage in accordance with the city charter of the City -13- 0 344:. 0 page 14 of College Station. PASSED AND APPROVED THIS 25th day of Junk, 1981. MAY , C Y OF L E STATION, TEXAS 03442 ""C�ty Secretary