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Home My WebLink About2008-3133 - Ordinance - 11/05/2008ORDINANCE NO. 3133 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 ", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A" through Exhibit "E ", 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 ten (10) 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 5th day of November, 2008. APPROVED: MAYOR ATTEST: City Secretary to ' E- Signed -sy Mary Ann Povyoi VERenticity with Appry �. { r .l E _ . . City Attorney O/ group /legal /ord inance/amendmentform. do ORDINANCE NO. 3133 EXHIBIT "A" Page 2 That Chapter 13, "Flood Hazard Protection ", Section 2, "Definitions ", of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by adding the following definitions as set out hereafter to read as follows: "BASE FLOOD ELEVATION (BFE) - shall mean the elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, Al -A30, AR, V1 -V30, or VE that indicates the water surface elevation resulting from the flood that has a 1 % chance of equaling or exceeding that level in any given year- also called the Base Flood. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOODPROOFING - means any combination of structural and non - structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self - propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. HISTORIC STRUCTURE - means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (a) By an approved state program as determined by the Secretary of the Interior or; (b) Directly by the Secretary of the Interior in states without approved programs." tmlo:lordinancesWdinance index 2008Wdinance 3133 amended. doc 11/24/08 ORDINANCE NO. 3133 EXHIBIT "B" Page 3 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 replacing Section 5 -13, "Establishment of Areas of Special Flood Hazard Area" as set out hereafter to read as follows: "The areas of special flood hazard identified by the Federal Emergency Management Agency in the current effective scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Brazos County, Texas and Incorporated Areas, dated February 9, 2000, with accompanying Flood Insurance Rate Maps and /or Flood Boundary- Floodway Maps (FIRM and /or FBFM) dated February 9, 2000, and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance." tmlo :• ordinanceslordinance index 200ftrdinance 3133 amended.doc 11/24/08 ORDINANCE NO. 3133 EXHIBIT "C" Page 4 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 replacing Section 5 -E, "Special Provisions for Areas of Special Flood Hazard ", Subsection (2) as set out hereafter to read as follows: "(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 so as to prevent water from entering or accumulating within the components during conditions of flooding;" tmlo:l ordinances lordinance index 20081ordinance 3133 amended.doc 11124108 ORDINANCE NO. 3133 EXHIBIT "D" Page 5 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 replacing Section 5 -E, "Special Provisions for Areas of Special Flood Hazard ", Subsection (8) as set out hereafter to read as follows: "(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;" lmlo:lordmanceslordinance index 200ftrdinance 3133 amended.doc 11/24/08 ORDINANCE NO. 3133 EXHIBIT "E" Page 6 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 adding Section 5 -E, "Special Provisions for Areas of Special Flood Hazard ", Subsection (10) as set out hereafter to read as follows: "(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" tmloJordinanceslordlnance index 200ftrdinance 3133 amended.doc ///24/08