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HomeMy WebLinkAbout1987-1728 - Ordinance - 10/22/1987ORDINANCE NO. 1728 AN ORDINANCE AMENDING AND SUPERSEDING ORDINANCE NO. 1699, AND ALL OTHER ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR A STOR~ATER MANAGEMENT PLAN TO ADDRESS THE PROBLEMS CREATED BY STORMWATER FLOWS AND WHICH INCORPORATES THE REQUIREMENTS OF THE FEDERAL INSURANCE ADMINISTRATION FOR CONTINUED PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM. WHEREAS, the City Council of the City o£ College Station recognizes that stormwater flows can lead to conditmons considered hazardous to l~fe, damage to public and private property, creatzon of areas ol special flood hazards, dmsrupt~on of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, ali of which adversely affect the pubhc health, safety and geseral welfare; and WHEREAS, these losses result from the failure to &ntmcipate stormwater flows, plan for their collection and control, allocate space for the storage and transport of stormwater flows, construct and maintain the uecessary facilities for the same, and construct properties ~n a manner that m~nim~zes potential flood damages; and WHEREAS, the City Counczl has determined that the following necessary for the public health, safety and general welfare; BE IT ORDAINED BY THE CITY COUNCIL OF TIlE CIfY OF COLLEGE STfFION, TEXAS; THAT CHAPTER 13 OF THE CODE OF ORDINANCES OF 'rile CITY OE COLI,EGE STATION, TEXAS IS HEREBY AMENDED TO READ AS FOLLOW5: 005161 TABLE OF CONTENTS Section 1. Section 2. Sectxon 3. Section 4. Section 5. Sectmn 6. Purpose and Authority A. Authority B. Purpose Defxnitions General Provisions and Applxcabxlity A. Lands to Which Thzs Chapter Applies B. Establxshment of Polxcies and Standards C. Establmshment of Development Permxt D. Severability g. Compliance Admmnistrat~on A. Designation of Admin~strator B. Duties and Responsibtltties of the Administrator C. Administrative Appeals D. Permit Procedures E. Condittons of Approval Special Provisions A. National Flood Insurance Program B. Establishment of Areas of Specxal Flood Hazard C. Rewsion or Amendment of Flood Insurance Study D. Methods of Reducing Flood Damage E. Specxal Prowsmons for Areas of Special Flood Ilazard F. Special Provisxons ior Manufactured Homes in Areas of Specxal Flood Hazard G. Special Provisxons for Floodways H. Special Provisions for Areas of Shallow Flooding Var lances A. General B. Prerequisites [or Grant~ng r,f Varx~mce~ C. Variance Procedures Eniorcement and Penal ties A. Notlfzcatlon o[ Noncompliance .[ Devt. l,,plne.t Ih~rm~t P~.nal ty h.p,,¢,.d D. ]'lilts Iit,I. [.".CIU",IVI~ l',_llr, tl LV Pase 3 11 11 11 11 Il 11 14 14 16 15 15 16 18 18 18 18 19 20 21 23 24 25 25 20 2~ 2~ 005162 SECTION 1. PURPOSE AND AUTHORITY A. Autborzty. Th~s chapter xs adopted under the authorzty of the constztutxon and laws of the State of Texas, zncludlng particularly Chapter 231, Acts of the 40th Legzslature, Regular Session, as heretofore or hereafter amended, compxled as Article 974a, V.A.C.S., the provisions of section 4 of the Municipal Annexation Act as heretofore or hereafter amended, compiled as Artzcle q70a, V.A.C.S., and in Article 1175, V.A.C.S. as heretofore or hereafter amended, and pursuant to the provisions of the charter of the City of College Station, Texas. It xs the purpose of this chapter to protect, maxntaln, and enhance the publzc health, safety, and general welfare by establzshzng minzmum requirements and procedures to control the adverse impacts associated with the increased stormwater flows generated by development. The followmng objectIves will minimize pubhc and private losses due to flooding, erosion, and sedimentation: 1. To protect human life and health; 2. To mnimize the expenditure of pubhc money for costly flood and erosxon control projects; To mlnlmze the need for relief and rescue effort~ assoczated w~th flooding and generally undertaken the expense of the general pubhc; To minimize the damage Lo pubhc fac:llt~e~ alld utllltzes such as water and sewer lJnes, btreet~, and drainage structures; To help ma~atain a stable tax base for th~. City by prowdtn~ for the sound use and development ,,1 ~11 I ] ood 1H~,; l'o e~t.lbll~b review, apprt,vdl, .and portaL pt~,-dnlt.,, 005163 desl§n, analysis, construction, and maintenance of all drainage facilities according to the provisions of th~s ordinance and the Drainage Policy and Design Standards; To restrict or prohibit development which is dangerous to health, safety, or property during flooding conditions, or causes unacceptable ~ncreases ~ water surface elevations or velocities; To require that uses vulnerable to floods, or floodzng, [ncludlng publ[c and private facml~t[es which serve such uses, be protected agatnst flood damage at the ttme of tn[t~al construction; To prowde authorltatzve guidance in the alteration of any natural stream course, flood plain, or their associated protective barriers which are involved the accomodatzon of floodwaters; 10. To prevent the construction of barriers which will divert stormwster flows and subject other lands to ~ncreased flood hazard; 11. To prov[de authoritative guidance in the modtftcat]on of ground cover to minimize erosion and sedzmentatlon; 12. To ensure that potential property owners are notified zf the property [s ~ncluded ~n an area of specta[ flood hazard. 13. To control filling, grading, dredg~ag, and uther development which may ~ncrease flood damage. 005164 SECTION 2. DEFINITIONS ACCELERATED SOIL EROSION - means the erosion that results from increased slope and/or exposure of the land surface that occurs as a result of man's ANTICIPATED DEVELOPMENT - means full potential urbanization of the contrmbutlng watershed in compliance with the Comprehensive PLan and the reasonable assumption that in considering the effects o! a proposed duve]opment in a floodplain area that there will be an equal degree of encroaLhment extending for a s~gnifmcant reach on both sides of the stream or water coarse. APPEAL means a request for a review of the Administrator's ~nte~pretatlon of any provisions of this ordinance or a request for a AREA Ol' SIIALLOW FLOODING - means a designated AO, AH, or VO Zoae on a community's Flood Insurance Rate Map (FIRM) w~th s one percent or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by pending or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is the land adjacent to a clearly defined channel within a community subject to a one percent or greater chance of !loading in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaklng has been completed in preparation for publication of the FIRM, Zone A usually ~s relined ~nto Zones A, AE, AH, AO, AI-99, VO, VI-30, VE, or V. BASE FLOOD - means the flood having a one percent chance al being equalled or exceeded in any given year. ("The 100 Year Flood") CERTIFICA'IE OF COMPLIANP. R - means a letter signed by the Administrator ~nd~catulg compliance with all plans and specifications appl~¢abIe to the subje~t project and completion of all stormwater manaAement and ~o]{ ¢ fly rulers LO the munlczpal corporation, City ,)f Cull~,gc, Statton, CIIY A]IURNI.'~ - means the persou employed as city att,,rncy ,~1 thc (']ly al {'c,] lc.?, btdL]ol~, l'exas. ~[11 IIJHN( IL - ~13,]11 mean tl]u duly and ron~t~tut~,mallv ~l,~cL,:,J A,,vo~n~ng 1,,,,1~ ,,I th,. ( ltv ,)1 C~ltege Station. Texas. ( 11%' LXt,fNI.12R - mean% Lhc person employed a% c~t) en~,~n,_..~ ,,I ~l.c I ltv .t lion t'LANb - me~n% tile constl u~_t t,_-,l{ d,. Hhl, ~1[. ;C,{lltI,.d to 005165 of the City of College Station, or the building and site plans required for the issuance of a building permit by the City of College Station. CRITICAL FEATURE means an integral and readily ldent~fiable part of a flood protectzon system, wlthout whzch the flood protection provided by the entire system would be compromised. DETENTION flows. the temporary storage and controlled release of stormwater DETENTION FACILITY - means a permanent facility for the temporary storage of stormwater flows whxch zs designed so as not to create a permanent pool of water. DEVELOPMENT means any man-made change to zmproved or nnimproved real estate, including but not limited to buildings or other structures, mining, dredgzng, filling, grading, paving, excavation, clearing, or drilling operations not assocmated with agricultural uses of the land. DRAINAGE AREA means that area, measured in a horizontal plane, which contributes stormwater flows by gravity flow along natural or man-made pathways to a s~ngle designated poznt along a pathway. DRAINAGE EASEMENT means an interest in land granted to the City for maintenance of e drainage facility, on whmch certain uses are prohibited; and providing for the entry end operation of machinery and vehicles for maintenance. DRAINAGE FACILITY - means any element necessary to convey stormwater flows from its in,rial contact wzth earth to %ts disposition in an existing watercourse; sa~d drainage facilities shall consist of both public and private storm sewers (closed conduits), streets, improved channels coustructed lu conformlty with the adopted Drainage Policy and Design Standards, unimproved dralnageways left zn their natural condition, areas covered by drainage easements for the purpose of providzng concentrated or overland sheet flow, and all appurtenances to the foregoing, lnclad]ng inlets, manholes, 3unction boxes, headwalls, energy dissipaters, culverts, etc. DRAINAGI'. RIGHT OF WAY - means an area of land dedicated to the city I,,r the purposes of carrying and containlnR stormwater flows, coustructaaR drainage fdc~l~tles, and/or allowing entry or operatzon of malnteam,ce equlpmc rtL. I',AR.PII CHANGL - means a man-made change ~n the natural cover or topo:gral,hy land, ~ucludzng cutting or filling dct~v]t]e,~, whzctm ma~ result ~n I'-ASJ:MENq - means a grant or reserver lr, n I,% the ,,waer uf land fur the o! such land by othels for a specJftc IJUll,O%e (,r iJUfl]oses, and WhlLh mu~t bc JnCltldt-d Ill the (,,zlvev,~n,_e ,jr [oDd ~J[,.,_l,,l b% ';U~]L edsement. I,LIV~I'ED IqI/LDINb m~-an~ a non-b.~em,,nt build,u;_. (t) built, In the ,,t a b.]Jdtr..4 tn ZOlleS AI-A30. Al., A, '~.a,. .%n, Ail. 13. I_, \ and D. t,. I,~,- 005166 the top of the elevated floor, or ~n the case of a building ~n Zones V1- 30, VE or V, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of p~l~ngs, columns (posts and p~ers), or shear walls parallel to the floor of the water and (~) adequately anchored so as not to impair the structural · ntegr~ty of the bu~ld~ng during a flood of up to the magnitude of the base flood. In the case of Zones Al-30, AE, A, A99, AO, AH, B, C, X and D, "elevated building" also includes a building elevated by means o£ fill or solid foundation per,meter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zones VI-30, VE, or V, "elevated bu~]dln§" also ~ncludes a building otherwise meeting the def£n~tlon of "elevated building", even though the lower area ~s enclosed by means of breakaway walls ~f the breakaway walls meet the apphcable standards of the National Flood Insurance Program regulations. ELEVATION - means the vertical distance from a datum, usually the NGVD, to a point or object. If the elevation of point A ~s 802.46 ft., the point is 802.46 ft. above some datum. ENCROACHMENT means an ~ntruszon, obstruction, or other ~nfrlngement on an area reserved for a specific purpose such as an easement or floodway. EROSION - means ti~e process whereby the surface of the earth ~s broken up and carried away by the action of w~nd, water, gravity, ~ce, or a combination thereof. EXCAVATION means any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced, or relocated purposely by man and shall be taken to ~nclude the conditions resulting therefrom. EXISTING CONSTRtlCflON - means structures [or which the "start :onstructlon" cummenced before the effective date of the FIRM. "Ex~sttn~ construction" may also be referred to as "~exlsLlng structures". EXISTING DEVEIJ)PMI';NT - means existed or was permitted prior ef£ect[ve. any development as defined above which to the date on which this ordinance became EXTRATERRITORIAl. JURISDICTION - w~thin the terms of the Texas Municipal Annexation Act, mean~ the unincorporated area, not a part of any other c~ty, which ~ contiguous to the corporate hm~ts of the City of College Station, tho outer boundortes of which are memsured from the extrennt~es o[ th~, ,url,,,rdtu l~mtts el the c~ty, outward for ~uch ,l~stances ab may he btlpul,Jte. I lu thc' I'exds Municipal Annexation Act, [n whzch are~, within the texm~ t,I Iht. art. t]]~~ City may onjoxn the v~olat]on o[ xt< ~ub,J,vts~on FEDERAL LMI.Rhl NGY MANAGEMENT AGENCY (FEMA) - ts an dgent¥ of the I'e,le~d] Insul.in,_.~ Admtni~trutton whith ddmznt~ter~ the Nation,31 ]'h,od [n~urant. Progt am. ]'L.UOI) I)J~ Ill,i])[j~l. - ~ lenllJ, Jt.ltx iJ'~t- iu I. lle tev,_.l ot ~l,I, h 005167 (1) the overflow of znland or tzdal waters. (2) the unusual and rapmd accumulation or runoff of surface waters from any source. FLOOD FREQUENCY - means the statistically determined average for how often a specific flood level or d~scharge may be equalled or exceeded. FLOOD HAZARD BOUNDARY MAP (FHBM) - means an offzcial map of a community, issued by the Federal Insurance Adminlstratzon, where the areas within the boundaries of special flood hazards have been deszgnsted. 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 r~sk premium zones apphcable to the comau n ~ t y. FLOOD INSURANCE STUDY Emergency Management Agency. water surface elevation of Boundary-Floodway Map. the offzcial report provided by the Federal The report contains flood profiles, the the bsse flood, as well as the Flood Hazard FLOODPLAIN OR FLOOD-PRONE AREA - means any land susceptible to being inundated by water from any source (see definition of floodmng). FLOOD PROTECTION SYSTEM means those physical structural works for which funds have been authorized, appropr~sted, and expended and whmch have been constructed specifically to modify flooding in order to reduce the extent of the areas w~thln a community subject to "special flood hazard" aud the extent of the depths of associated floodzng. Such systems typically Include hurrAcane Lmdal barriers, dams, reservoirs, levees or dikes. These spec~ahzed flood modifying works are those constructed i, conformance with sound engineering standards. FLOODWAY - means the channel of a r~ver or other watercourse and the adjacent land areas that must be reserved in order to d~scharge the ba~e flood without cumulatively Increasing th~ water surface elevation more than Olde fo.t. FLOODWAY IR{NGL mean~ that part of the base floodplain out~lde the floodway. FUNCTIONALLY DEPENDENT USE - means a use which cannot perform its intended The term ]nclude~ only ,Iockln~ facilities, port facl]ltxes that are GRMIIN(, {l{,'.ll]~, .lllV d~ t {;'~ '.,hl, h ..,,il to ( ]eale,{, ~tt 1[,],, d, '-t,_,, kl,[/,.d, ,, 005168 HIGHEST ADJACENT GRADE - means the hmghest natural elevation of the ground surface prmor to construction next to the proposed walls of a structure. LAND USE a use of land which may result in an earth change, including, but not hmlted to, subdlvzsmon, residential, commercial, industrial, recreational, or other development, private and public highway, road and street construction, drainage construction, logging operations, agricultural practices, omi and gas exploration, exploitation, extract]on and mining. LEVEE - means a man-made structure, usually an earthen embankment, designed and constructed mn accordance wmth sound engmneermng practices to contain, control, or divert the flow of water so as to provide protection from temporary floodxng. LEVEE SYSTEM - means a flood protection system which consists of a levee ,or levees, and assoctated structures, such as closnre snd drainage devices, which are constructed and operated ~n accordance with sound engineering practice. LOT means a tract or parcel of land which is physically and legally undivided and ~s shown on a duly recorded plat. LOWEST FLOOR means the lowest floor of the lowest enclosed areo (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, bu~ld~ng access or storage, in an ares other than a basement srea , ms not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure ]n violation of the applicable non-elevatmon design requirements of th~s ordinance. MANUFACTURI:D liOME means a structure, transportable in one or more sections, which 1~ built on a permanent chassis designed to be used with or w]tho.t a permanent foundation when connected to the required utllxt]es. ['or iloodpialn management purposes the term "manufactured home" also Includes park trailers, travel trailers, and other similar vehicles illtced on a site for greater than 180 consecutive days. For Insurance I,urp,,se5 the term "manufacture~ home" ~does not include park trailers, tlave! trailers, and other similar vehicles. MANUI'ACT]'URI.D IIOME ['ARK OR SUBDIVISION - means a parcel (or contiguous pdrcel~) ,,! [and d~v~dt, d Into) two or more manufactured home lots tol te.t MEAN SI.A LEVJ:L - mu,~ns tile NatlonaJ Geodetic Vertical Datum (NGVD} ,)[ 19fq NATIONAL C.I UDE( IL VI.R'I ICAI, I)ATI~I (NGVD) - means the .atzonw]de refel £'ntt' surfa,',. I,,r ,.l~v.H [,mb throughout the Un]ted States made av.,]l.,b[,, tr, 1.~,.~1 -,]tv,-~,,~ I,~ th,_. NaL~,,Hd] (;~o,let~, Survey wtth the e~tabil~hm~,ul ,~1 th,.u~...d. ..1 I,...,h.,.[I,.~ Ih](zu~]~(_.ul tho C'JlltlllO[Zt. [t was ol'tJl~t~d Ihr'.tl~h 00§169 and thus referenced the NGVD to MSL. NATURAL - the cover and topography of land before any man-made changes, or · n areas where there have already been man-made modlf~catmons, the state of the area and topography of land at the date of the adoption of thms ordinance. NEW CONSTRUCTION - means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community. PERSON - an individual, firm, corporation, partnership, or association. PLANNING AND ZONING COMMISSION means the duly appointed Planning and Zoning Commission of the City of College Station, Texas. PLAT - the final plat as described ~n the Subdivision Control Ordinance of the City of College Station. PRIMARY DRAINAGE SYSTEM - means the system of natural watercourses, improved or channel~zed watercourses; and all closed conduits, culverts, bridges, detention facilities, and retention facilities associated wmtb the watercourses; all of which are shown or indicated ~n the Drainage Pohcy and Standards. REGISTERED PROFESSIONAL ENGINEER - a person duly authorized and licensed under the prowsmons of the Texas Engineering Practice Act, to practmce the profession of euglneering. RETENTION means the storage of stormwater flows in a facility which has a permanent pool o[ water. RETENTION FACILITY means a facility that provides for the storage of stormwater flows by means o£ a permanent pool of water or permanent pool in conjunction with a temporary storage component. SECONDARY DRAINAGE SYSTEM means the system of conveyance of rainfall from the point that it becomes concentrated £1ow to the p~lnt where zt reaches the primary drainage system. This system ~ncludes all swaleb, ditches, minor channels, streets, gutters, inlets, culverts, detention or retention £acll]ties, or other means of conveyance of stormwater flow~. SI:DIMENT - mea.~ ~oJ I~ .r other surfzctal materials transported depomlted by the ac! u~n el w~nd, water, ice..r grdvlty aS a pr.du,~ SITI". PLAN a '~tt~ ,lev~,h,pment plan submitted lot approval 111 th[' Zo]II].g Orzllndnc,. ol the C:lty ot College Stat~.n. START OF ¢3~NSTRUCFION ~ncludes substantial llllplovu,,lellt, awl m~,,n~ th, date the I,utl,l~n~ i,~m~ ~,t~ J~sued, provided tile .ictu,l] ~l,~]l 005170 pouring of a slab or footings, the installation of piles, the constructzon of columns, or any work beyond the stage of excavation, or the placement of s manufactured home on a foundation. Permanent cunstruct~on does sac include land preparatxon, such ss clearing, grading, and filling; nor does xt lsclude the ~nstsllat~on of streets and/or wslkways; nor does zt ~nclude excavation for basement, footings, p~ers, or foundat~ous or the erection of temporary forms; nor does it include the lnstsllat~on on the property of accessory buildings, such as garages or sheds not occupied as a dwelhng unit sud not part of the mazn structure. SI~RM~ATER MANAGENENT xncludes all ordinances, sLandards, plans, and $~udl~s to ~nsure the t~mely and effective construction o£ a system of vegetative and structural measures that control the ~ucrea~ed volume and rate of surface runoff caused by man-made changes to the laud; and (b) a system of vegetstzve, structural, and other measures that reduce or elm~nate pollutants that mzght otherwxse be carried by surface runoff. STRIPPING any act~vxty wbzch removes or signzficantly disturbs the vegetatxve surface cover znclud~ng clearing and grubbing operations. STRUCFURE means a walled and roofed buxlding, including a gas or l~quxd storage tank, that ~s princzpally above ground, as well as a manufactured home. SUBDIVISION CONTROL ORDINANCC - means that chapter of the Code o[ Ordznances of the City of College Station entitled or pertaining to SUBSTANTIAL IMPROV'EMENT - means any repair, reconstruction, or ~mprovement of a structure, the cost of wh:ch equals or exceeds 50 percent al the market ~,~lue al the structure e:ther: (l) before the improvement or repair ts st,~ted, ur (2) :f the structure has been damaged and ~s being reslnr~.d, before the da~ge occurred. For the purposes of tb~ def~t~un, "substantial ~mprovement" Is conszdered to occur when the f~rsl .~lterat~u~ of ~my wall, ceiling, floor, or other structural part the bu~ld]~g tommen~'~, whether or not that alteration af[ect~ Lbo e~te'~l dmeus~ons al the structure. The term does not, however, include elthc, r: (l) any proJecLs for ~mprovement of a structure to comply wztl, cx~lznR ~ate or 1o,~1 health, sanitary, or safety code which d~t. ~,,lt. ly ~e,:es~nry Lo assure ~afe l~vzug conditions, or (2) .~ltc.~at,on'~ ,,t ,~ ~tru(ture ][sted on the Natzoua] Reg~ste~ ,~t I'].~*r.- ~,l .~ '~tJr~' l~vc'~t~v of Il/static Places. VAR]AN~ I iili ,111% th~. IUUIIJ fl(.~lt ],~11 of tile mzn]nlum ~LormwaLel zr~ltl~._'nJ~'~l~ ~..~uld: I)z(~suIt JJl uHueces.~ary hardship and 2)n,~t luJIiII th~. ,, 005171 structure or other certifications, or is presumed to be provided. development without the elevation certificate, other other evidence of compliance required by this chapter in vzolation until such time as that documentation is WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum if specified), of floods of varmous magnitudes and frequencies an the floodplains of coastal or r~ver~ne areas. WATERCOURSE - means any natural or artificial stream, raver, creek, ditch, channel, canal, conduit, culvert, dramn, waterway, gully, ravine or wash, in and including shy area adjacent thereto which is subject to inundation by reason of overflow or flood water. ZONING means a method of land use control requlrmng the categor~zatmon of land use of every tract of land wzthin a particular jurlsdmction according to a zoning ordinance or code and usually in accordance with a land use plan which is ~ntended to preserve the quality of l~fe and orderly development of that jurisdiction. ZONING ORDINANCE - refers to the duly enacted zoning ordinance of the C~ty of College Station, Texas, adopted by reference ~n the Code o£ Ordinances. 005172 SECTION 3. GENERAL PROVISIONS AND APPLICABILITY A. Lands to Whzch Thzs Chapter Applzes. Thms chapte[ shall apply to ali lands w2thln the corporate hmzts and the extraterritorial ~urzsd~ct2on of the Cmty of College Statmon, Texas as adjusted from t~me to time by the action of the City Council. B. Establishment of Czty Drainage Polmcy and Design Standards. All design, construction plans, as-built constructzon plans, plats, zonmg chsnge requests, s~te plans, buildzng permit apphcations, and all ~tems relating to stormwater flows shall be · n accordance w~th the approved Drainage Policy and Design Stsndards. Th~s document shall be avazlable at the ofhce of the Administrator and shall be maintained by {nm as a szngle document. Proposals for amendment to or revxsion of the Draxnage Pohcy and Design Standards shall be submitted to the City Council by the Admxnistrator. C. Establishment of Development Permit. Issuance of a duly approved development permt shall be required prior Lo any development, as dehned herein, to ~nsure conformance to the prowsions and requirements of thzs chapter. Exception The following uses shall be exempt from tile permtting requirements of the ordznance but must meet uthe~ requirements of tile ordinance and tile Drazuage Policy a,~d Design Standards: a) Customary and zncldental grounds mamtenance, ]andscapulg, gardemng, and actmvztles whidl do not require permitting under other sections of tile Code of Ord~na,ces. h) improvements by a homeowne~ on ploperty nsed a~ their principal residence. D. .5everah] 1 ~1 y. Sho. ld ally .%(.c! ~,,,, ur plovl~lon ,)l tlus chapter be dechred hy the coult5 I. he t]l~coustltutiolld] Ol tnval~d, such deczs~ou qhal] .ot aflect r_ht val~daty of the chapter aq a whole, or auy part there,,f, t,th,.r thau the pnrt ~,, declared t. bP illlConstltUtlona[ ot l~vdl id. ht.r,~olt,_'l h,. I,,c.~tr,d, suh-~t,mt].~l{' imi,rr,~d, t,latle,{, rep]dtt,'d. 005173 subdivided, have zts use changed, or have xts draxnage pattern changed, without full compliance wxth the terms and provisions of th~s chapter, the Drainage Policy and Design Standards, and other applzcable regulations. The prov~szons of th~s chapter shall apply to, and be b£ndxng on any and all persons, f~rms, or corporations who s~ngly or 3o~ntly seek to develop, redevelop, grade, regrade, excavate, landfxll, berm, dzke, or otherwxse change existing land within the corporate hmzt of the City, or :ts extraterr[torxal jurxsdict~on. Interpretation. In the ~nterpretatzon and app]zcat[on el thms chapter, all provxs~ons shall be: 1) considered as minimum requirements; 2) lxberally constructed ~n favor of the governzng body, health, and safety, and 3) deemed neither to limit nor repeal any other powers granted under State statutes. The Admznistrator shall ~nterpret and apply this chapter. If the Admznxstrator determnes that the meaning of a word, provision, or requirement ~s unclear, or that [ts appl~catzon to a partzcular czrcumstance ma uncertain, or upon written request for an interpretation by any tnterested party, the Admxnzstrator shall prepare a wrmtten interpretatzon or determznation, setting forth the reasons, explanations, and conclusions regarding the interpretatzon. Appeals of interpretatzons made under this section shall be made [n accordance wzth Section 4 of this chapter. Abrogation and Greater Restrxct~on. Th~s chapter xs not intended to repeal, abrogate, or ~mpamr any ex~st~ng easements, covenants, or deed restrictions; however, where thxs chapter and another conflict, or overlap, whichever imposes the more strxngent restrictions, under the interpretation of the Administrator, and subject to the provxsxons of [nterpretatxon deftned above, shall apply. Warnzng and Dxsclaimer of Lxabxl~ty. The degree oF llood protectxon accorded ,bY the requzrements or th~s chapter ~s conszdered reasonable for regulatory purposes and based on sctentific and engtneer~ng constderat [on~ which are consistent with accepted engineering principles ~nd pratttce. Floods from stormwater flows can nmi w~ll referenced under thzs chapter, and water elevat[uns may be ~ncreased by man-made Or natural causes beyond the scope of this chapter. 'lh:~ chaptor ti,es not tml,ly that land outside the areas .:t ~l,,.c~.~l flo,,.I hazard. OF uses permitted wtthia such ~t.d~ will he from or protected from I loodlng or fl.od dalll.4 g, ,~ . 005174 12 for any flood compliance with chapter or any thereunder. damages resulting from relzance on or the provlszons and requirements of this admnistratlve decision lawfully made Exception. Any development in an approval process prior to adoption of thts chapter shall be excepted from the provisions and requirements of this chapter, however, said development shall be required to comply with all applicable provms~ons and requirements all apphcable ordinances and regulations in effect prior to adoption of this chapter. Developments shall be considered in an approval process g~ven one or more of the following conditions apply: a). An acceptable application for building permit has been filed w~th all requirements for that application baying been met within 90 days of the date of adoption of this ordinance; b) An acceptable f~nal plat, w~th all construction drawings, has been submmtted, sublect to the requirements of the Subdmvision Control Ordinance, within 180 days of the date of adoption of th~s ordinance; c) An acceptable site plan has been submitted, subject to the requirements of the Zoning Ordinance, within 90 days of the date of adoption of th~s ordinance. 005175 SECTION 4. ADMINISTRATION Deslgnatzon of Administrator The C~ty Engineer shall ~mpiement, admlnmster, and oversee the provisions, terms, conditions nad requirements of th~s chapter and shall maintain as his guideline for adm~nistratzon the purposes of this chapter. Duties and Respons~bilitzes of the Admlnmstrator The duties and respons~bzl~t~es of the · nclude but not be limited to the following: Admtnlstrator shall 1) maintain and hold open for public ~nspection all records pertaining to the provisions of th~s chapter; 2) revzew, and approve or deny all applications for development permits, as requzred by thzs chapter, for compliance wzth the terms and provisions of this chapter; 3) assure that adequate inspection of construction permitted under the terms snd provisions of th~s chapter are carrmed out in accordance with the permitted plan; 4) maintain, update, and provide to ~nterested parties st a reasonable cost the effective City Drainage Policy and Design Standards; 5) assure that adequate maintenance of drainage pathways is provided such that capacity for carrying stormwater flows is maintained; 6) 7) provide ~nterpretatlon, where required, of boundaries ,)f Areas of Special Flood ]lazard, ]ocat~on of floodway, and water surface elevations, when disputes ar~se durAng review (The initial determination of the above is the responsibility of the engineer working oa the particular project. ) ~ provide Information to the Zonli~g Board of Adjustments, Mun~cipal Court, or Czty Council ,as applicable, ou all variance requests, administrative appeals, enforcement actions, and proposed amendments to thc Oral~age Polic~ a~d Design Standards as required; review and utlhze any acceptable new fl,~,},[ study data in accordance with the Drainage Policy ,~nd De.-,~.gn Star,dar,Is; 9) Il)) zntt'tprel the te~nl~ and provl$1t,]~ ,,t thl~ ,ll,~pLer, ,~ 005 required, as they apply to each project, in accordance wzth the stated purpose of thzs chapter. 11) review permzts for proposed development to assure that all necessary permlts have been obtazned from those Federal, State, or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. Administrative Appeals All rulings, requirements, and interpretations of the Administrator shall be final and binding on the part~es thereto unless saxd rulings, requirements, and interpretations are appealed to the Municipal Court. Any person aggrieved thereby shall submit a formal appeal by filing a written notice of appeal with the Administrator within ten work~ng days of the action prompting the appeal. The notice of appeal shall specify all rulings being appealed, and shall include tile following: 1) specific sections of this chapter related to the appeuled ruhng or pertinent thereto; 2) a brief summary of all facts material to the appeal; 3) grounds for the appeal. A hearing by the Munxcipal Court on the appeal shall take place at a regularly scheduled court meeting. The ruln~g of the Municipal Court shall be f~nally b]ndiag upon all part~es involved. Any party aggrieved b) sa~d final ruling may seek relief xn a court of competent jurisdiction. The appeal of a ruling or requirement shall ~tay the enforcemeat of said ruling or requxrement unless tile Administrator certifies to the Court that by reason of [act a stay would, in lub open,on, cause an ~mmedlate public hazard or impair life or property. In such case enforcement shall n~t he stayed other than by a restraining order from a court of competent jur]~d~ctlun. Permit Procedure~ Prior to the ]ssm]ace of re,lu~n'ment~ M~d]] be met: a development permit the fullow~ng I ) A preliminary conference shal I be hel,I w] th the Administrator or h~s designated replesentative. 'l An application for a Development Pernnt shall be ptesenled to th:- Administrator. on forms avatlal,le ]n pi.ms, ,Iralnaa,. i,lan, eros]on ,md ~edlJ.ent {onl r.,l id.m. t,, A~..i. ~.1 ']pcc~al Fh.,]d Ha_.~rd; ~<,rh ~,l wl..ch ~hall conform to the City Drainage Policy and Design Standards. 3) The Administrator shall review the required ~nformatlon and apphcst~on form and shall tske one of the following actions: a) approve the development permit, b) d~sapprove the development permzt, c) requzre addltzonal xnformatxon or an engineering conference with the applzcant or hzs engineer. The applicant shall be notzfied in wrzting of the action prescrtbed above. If the development permit has been dtsapproved the speczf~c reasons for disapproval shall be ~ndicated in the notzficatzoa. If addztional information ~s requtred of the apphcant, the specific requzrements shall be indicated tn the notification. A final determznat~on of approval or d~sapproval of the development permit, conslder~ng the additional ~nformat~on, shall be made, and written notxflcatlon to the applicant given withzn ten working days after receipt of saxd add~tlonal information. Conditions of Approval Approval or denial of a development permxt by the Administrator shall be based on all of the provisions of this chapter and the follow~ng relevant factors: l) The danger to life or property due to floodxng or eroston damage; 2) The snsceptlb~llty of the proposed facility and zts contents to flood da~qge and the effect of such damage on the lndxwdual ~) The danger that materials may be swept on to other lands to th~ ~jury ~! others; The cumpaLlh]ltty of the proposed use with exzstl~g and anttctpated developmeut; 5) The r,,sts o! providing governmental services during and aft,_.r flood ro~d]tion~ zncluding maintenance and repair of %treet$ and bridgeb, aud public utllit~es and facilities such as hi Ih,. ~.xpottod heights, velocity, duratton, rate of rise and ~.-dln.,nt transport of tile flood waters anti the effects of wavP ~t[ Jt,ll, Jl ,~[)])lJtab],., exl,ected at thc ~lte; Iht uu,_,.~bJt¥ t. tjlC' [dttljty ,,I 0 w~ttrtlont local],,n, 005178 Il) 8) The availability of alternative locations, not suboect to flooding or erosxon damage, for the proposed uae; 9) The relat~onshxp of the proposed use to the comprehenszve plan for ~hat area. 005179 17 SECTION 5. SPECIAL PROVISIONS A. Natzonal Flood Insurance Program. The National Flood Insurance Prngram (NFIP) is a federal program enabling property owners to purchase flood ~nsursnce. This program ~s based on am agreement between local communities and the federal government that tt a community wtll implement programs to redace future flood damages, the federal government wtll make flood insurance available within the communtty as a f~nancial protection agaxnst flood losses. The United States Congress established the NFIP wtth the National Flood Insurance Act of 1968 and later modified and broadened the program. The NFIP ~s administered by the Federal 'Emergency Management Agency (FEMA). The followmng provisions are in accordance with the requirements for partlcxpatzon tn the NFIP. B. Establishment of Areas of Special Flood Hazard. The basis for identification of the Areas of Special Flood Hazard shall be the most current engineering report entitled "Flood Insurance Study for the Cmty of College Station, Texas" as accepted by FEMA and the Federal Insurance Administration lncludtng the accompanying Flood Insurance Rate Maps, and Flood Hazard Boundary Maps showing the floodway. The current report is dated January 2, 1981; however, any revisions, amendments, or updated studies accepted by FEMA and the Flood Insurance Admintstration shall be adopted by reference and are hereby declared to be a part of tius chapter. The most current Flood insurance Study shall be used tot all determinations of flood · nsurance rates, floodways, and additional revts~ons as they become available. The current Flood Iasurance Study, FIRM, FHBM, along with any revisions, ,~r ameadments shall be matntained and made available by the designated Admtn~strator of the Stormwater Management Program. C. Revision or Amendment of Flood lnburanre Study. Any revision or amendment to the Flood Insurance Study whtch is ~equested by a laud owaer ~n thc City shall be submitted to the des~gaated Adm~n~strato~ of th~- 5tormwater Management Program accordance w~th the requx~ement~ set [ortb ~m the Drainage Polzcy ~nd Design Stamda~ds. All ~equcsts for map amendment or map rev~ton must be approved by the Admtu~stratur tn wrltzng prior to thutr subm[sszon to FkMA. It m,)dtl]catton of any watercourse t~ tavolved a. eftect~ve {'.~,l]tt.,nal Letter of Map Amendment shall be on [zle with the Adm]nzst rator prtor to devel,Jl,ment. Ali s.l,mttt~l~ I,, lIMA ~hal] I,e made at th~ I O05180 D. Hethods of Reducing Flood Damage. In order that the purposes of th~s chapter shall be accomplzshed in accordance with Section 1. the following methods, measures, requirements, and practices may be utilized by the Adm~n£strator in accordance w~th the Drainage Policy and Design Standards: 1. Lmm~t peak stormwater flows after development to that which e×~sted before development; Limit, control, or prevent changes In the path of stormwater flows across or away from a s~te or development; Limit, control, or prevent alteratious to existing watercourses and drainage facilities either Inside or outside existing Areas of Special Flood Hazard; Lxmlt, control, or prevent the alteration of natural or developed Areas of Spectal 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; 6. Limit. control, or prevent the construction of barriers which may increase flood hazards to other lands or facilities; £stabhsh or cause to be estab]lshed adequate drainage easements and or rights of way to control development and limit potential flood damage and protect ex~st~ng or proposed drainage fac~htles; Lzmxt, control, or prevent dumping .f refu~e, fill, garbage, grass clH~plngs, brush, waste cuucrete, or other materials ~n ex~st~ng drainage facilIties Including swales, streets, Inlets, ditches, storm st,war%, .ulverts, ,.to.: 005181 10. Llmxt, control, or prevent development which rs dangerous to health, safety, or property by causing increases xn water surface elevations, velocities, or flowrates which exzst prior to such development; tl. L~mlt, control, or prevent development which is vulnerable tu flood damage or require that said development shall be adequately protected agamnst said flood damage at the t~me of construction; 12. Requxre adequate mazntenance of draznage facmllties such that they retazn their capacity for conveyance of stormwater flows. E. St,ecxal Provxsxons for Areas of Special Flood Hazard. In all Areas of Special Flood Hazard where base flood elevations have been determxned in accordance wxth thxs chapter the follow~ng prowszons shall apply: All new construction, any substantial improvement to a structure, and appurtenances shall be securely anchored to prevent flotation, collapse or lateral movement; All sew coflsLructlon, any substantial improvement to a structure, and appurtenances shall be constructed ~a such a manner as to m~nimze flood damage; and, all electrical, heating, vent~latlon, plumbxng, and a~r cond~tzon~.g equipment and other service faczhties shall be designed and/or located sa as to prevent water from entering or accumulatzng wzth]n the components during cond]t~o.~ floodtng; New and replacement sanitary sewage systems including but not lmtted to septic tanks and drain fields, package treatment plants, ett. sl~all be designed to min[m[ze or ehmlnat~ I.f[ltrat~,m ~,t flood waters Into the system and discharRes f~om the %y~tem Isle fload waters; New and repJac,.ment water supply systems including wel]~, tredLme, t pLdnt~, dtstr~but~on faclhtles, ~tc. shall I,t designed t,, prc. v~,n[ znttltratlon o[ flood waters isle tht. 005i82 All new construction or any substantial improvement of any residential structure shall have the lowest floor, including any basement, at an elevation at least one foot above the base flood elevation, and certification that th~s standard has been satisfied shall be submitted to the Administrator. said certification shall bear the dated seal and signature of a registered professional engineer or registered public surveyor on the form provided by the Adm[nzstrator; Ail new construction or any substantial Improvement of any commercial, industrial, or other non-residential structure shall either have the lowest floor, ~nclud~ng basements, elevated at least one foot above the base flood elevation or the structure with its attendant ut~hty and sanitary fac[lltzes shall be floodproofed so that the structure and utxilty and sanitary faczlztles shall be watertight and impermeable to the [ntruszon of water tn all areas below tile base flood elevation, and shall resist the structural loads and buoyancy effects from the hydrostat[c and hydrodynamic conditions. Certification that thcs standard has been satisfied shall bear the dated seal and signature o£ a registered professional engxneer on the form provided by the Administrator. F. Spec ml Ilazard For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are ~ubject to flooding shall be designed to automottca]lv 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 ,i registered professional engznee[ or architect or must meet ur exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square ]ncb lot every square foot of enclosed area subject to flooding M~all lie provided. The bottom of all openings shall be no htgher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or dev~ce~ pruvuled ~hat they permt the automatic entry and exit of floodwaters. Drovtszons for Manufactured Homes zu Area.~ of Special [ ]ood The fo]lowing provisions are required ], all Ar-.~s ul bl,t.c~al I.'lo.,d Ilazard where base flood elevattous have bec, n d-team]ned: I. No manuidctured home shall be placed ~n ,~ I lu,,dw.~¥; All manu[actuled homes Slhlll IJ,-~ ,tuch,-,l,"d t~, I,'- I%1 I I~H,H , ollal,se, ~,l lateral ISl£,vt~nl-~llt alit] ~,[I,I] [ fll,'~ t I]1, f,,] [,,Wlll~, 005183 (a) over-the-top txes shall be provided at each of the four corners of the manufactured home; (b) on manufactured homes of 50 feet in length or less, one additional over-the-top the si{all be provided approximately at the mid poznt; (c) on manufactured homes of over 50 feet in length, additional over-the-top ties shall be provJded at zntermediate locations; (d) frame ties shall be provzded at each of the four cornel~ of the manufactured home; (e) on manufactured homes of 50 feet ~n length or less, lout additional frame ties shall be provided at intermediate locations; (f) on manufactured homes of over 50 feet in length, [~ve additional frame tzes shall be provided at intermediate locations; (g) all components of the anchoring system for manufactured homes shall be capable or carrying a force of 4800 pounds without sustaining permanent damage. For new manufactured home developments; expansions existing manufactured home developments; e~lbtJu manufactured home developments where repair, reconstructiuu, or ~mprovement of the streets, utxhtles, or buald]ng ~n which the cost of repair, reconstruction, or lmprovemun{ exceeds half of the value of the streets, utilities, building pads before the repair, etc. has commenced; and {,,t manufactured homes not placed in d manufactured ham,. development tile following are required: (~) ~tands or lots shall be elevated on compacted f~[l ,,l uu I:lhngs such that the lowest floor of the manuIa(t borne will be above tile base flood elevation ami tht elevation of the center of the stand ~hall ti{an one foot below the base florid ,.lt~ ~l ~,.. Certzfzcatx,m that this standard has been ~.,t: .I m,'.l shall be submitted to the AdnlznXsttdt,,~. ¢,'rL]rxcatlt,n shall bear the dated se~l iht] bUlXeJ,}r Oil the form provided by the Admiu]sti O05184 lb) adequate sur£ace drainage and access for a hauler shall be provided. lc) if a manufactured home is elevated on pzl~ngs: (1) lots shall be large enough to permit steps; (2) piling foundations shall be placed zn stable so~l no more than ten feet apart; (3) reinforcement shall be provided for ptl~ngs more than six feet above the exxst]sg or flnxshed ground level. G. Specxal Provisions for Floodways. Located within Areas of Special Flood [lazard estabhshed in Section 5-B are areas designated as floodways. Tile floodway ts an extremely hazardous area due to the veloctty of flood waters which carry debris, potentzal project~les, and the potential for erosxon; therefore, the following provzstons shall be requxred: Encroachments shall be proh~bited, ~ncludxng fzll, new constructxon, substantial mprovements of existing constructxon, structures, manufactured homes, or other development. Varxances requested on this standard shall be accompanied by a complete eng]neertng report fully demonstrating that the encroachmeuts shall not result ~n any increase in water surface elevatzon or flood hazard upstream, wzth£n, or downstream of the encroachment ]ocatton. The engineerxng report shall conform re, the requirements of the Draznage Polxcy and Destgn Standerds, and shall hear the dated seal and szgnature of a registered professional engtneer; ExemptLons for the requxrements of Sect]on 5-G may be made tn the followxng cases: Bona Fide agrzcultural and farmtng operaL]ons which constxtute the principal use u~ any lot or tract of in the C~ty and which meet~ th. ~ e,lulrement5 of th~ Zoning Ordinance of the Crt); (b) the provxszons ,~f the Zou~nR U~,l~n,ntc; (c) (d) Temporary excavation for the purpose of installing, maintaining, or repairing any public street, public utility facility, or any service lines related thereto; Ali new construction or substantial improvements of existing construction shall be suboect to the methods of flood hazard reduction outlined ~n Section 5. H. Special Provisions for Areas of Shallow Flooding Located within the Areas of Special Flood Hazard established ~n Section 5-B are areas designated as Areas of Shallow Flooding. These areas have special flood hazards associated with base flood depths of I to 3 feet where s clearly defined channel does not exist and where the pathway of flood waters in indeterminate and unpredictable; therefore; the following provisions shall be required; Ali new construction or any substantial improvement of any residential structure shall e~ther have the lowest floor, including basements, elevated at least one foot above the crown of the nearest street, or above the depth number specified on the community's FIRM. Ail new construction or any substantial improvement of any commercial, Industrial, or other non-residential structure shall either: Ilave the lowest floor, including basements, elevated at least one foot above the crown of the nearest street, or above the depth number specified on the commnnlt¥'s FIRM; or (b) the structure with ~ls attendant utility and sanitary facilities shall be ll.odproofed so that the structure and utility and sanitary tacll~tles shall be watertight and Impermeable to the Intrusion of water in all areas below the base flood e~evatlon, and shall resist the structural loads and buoyancy effects trom the hydrostatic and hydrodyndm~c cosdJtions. Certification that this standard has been satisfied shall bear the dated seal and sxgnatur~ ot a registered professional engineer o. tile form provided by the Adm[nistratur. 005 { SECTION 6. VARIANCES A. General The Zoning Board of Ad3ustments may authorize a variance to the provisions and requirements of th~s chapter when, zn their opinmon, undue hardshmp on the ownei will result from strmct compliance w~th those requirements, and when either of. tile follow~ng criteria are met: 1) There are special circumstances or conditions affecting the land ~nvolved such that strict compliance with the provisions and requirements of this chapter will depr~ve the applicant of the reasonable use of his land,or; 2) The variance ~s necessary for the preservation and en3oyment of a substantial property rmght of the applicant. 3) Variances may be Issued for the reconstruction, rehab[htat[on, or restoration of structures listed on the National Register of Itzstorlc Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of th~s section. B. Prerequisites for Granting of Variances Upon consideration of the factors noted above, the specific provisions and requirements of this chapter, and the ~ntent of th~s chapter, the Board may g[aat variances subject to the follow~ng prerequisites: 1) A variance shall only be gr,,nted upon a determ~natio., that tile varzance is the minimum necessary, considering the flood hazard, or potential flood damage, to afford rel[e£ to the applicant; 2) 'rile efiect of the varla.ce will n.t be detrimental to the pubhc health, safety, ur welfdre, or injurious to other property in the C~ty; surface eJevatlOnS, flow vr_,b,c it les, or 31t~r drainage pathwav~ to the extent that there will be any threat to public ~afety, extraoldx.ary public expense, lncredse ~n 4) The t'ffe~L of the v~[ i~lu,_~- w~ [1 [w,t i,ruvenL the ordc. tly 005187 Z- s) No variance shall be allowed within any designated floodway if any increase in water surface elevation would occur during the base flood d~scharge. b) Variances may be mssued for new constructmon and substantzal ~mprovements and for other development necessary for the conduct of a functionally dependent use provmded that (1) the criteria and procedures outlined ~n this Sect~oa for obtaining a variance are met, and the structure or other development is protected by methods that m~n~mlze flood damages during the base flood and create no add~tmonal threats to public safety. C. Variance Procedures The granting of variances shall be subject to and in conformance with the followmng procedures and requirements: 1) The Zoning Board o[ Adjustments shall hear and render judgement on any request for variances from the requirements of this chapter. 2) The Administrator shall maintain a record of all actions involving appeals, and variance requests, and shall report all variances to the requirements of this chapter to the Federal Insurance Administration upon request. 3) Upon consideration of the above criteria, and prerequisites, and the intent of this chapter, the Board may attach such conditions to the granting of any variance as it deems necessary to further the purpose and objectives of this chapter. 4) All requests for varzance shall be judged sole]y on the merlts dud special cond[tzons of the case, The granting of a variance based upon the facts and evidence of one request for variance shall have no bearing on the considerat~on of auy ott~er request for variance. 5) Before cons[deratzon by the Board, d formal request for variance sh~l] be submitted to the off~ce of the Administrator. The request shall coutatn sufficient a) define specifically which provision nr requirement according t,, this chapter that allegedly c,~uses the ul~due hard~hzl,, b) detail specifically whut med~ur~,s sl~all be t~ken to obL~ln thc m].]n]um re. lief [rom said bord~hIl~; ,:) delt.o ~l,ec]ftcally the O[IL'rLS ,-,L thc. v.~rt~lnte lt~ 00518 7) d) identify any special conditions which should be considered as criterma for granting sa~d variance. After review of the request the Adminzstrator may require additional Information which he/she deems necessary to fully document the prerequisites requzred by this chapter for the grantzng of a variance. Th~s lnformatmon shall be prowded by the applicant przor to placement of the variance request on the agenda for consideration by tile Board. An) applmcant to whom a variance is granted shall be gmven written notice that the structure w~ll be permitted to be bailt with a lowest floor elevation no more than 3 feet below the base flood elevation, and that the cost at flood insurance will be commensurste with the ~ncreased rmsk resulting from the reduced lowest floor elevation. Any person or persons aggrieved by the dec]slon at the Zoning Board of Adjustments may appeal such decision to the courts of competent 3urisdzction. 005189 27 SECTION 7. ENFORCEMENT AND PENALTIES Notzfzcation of Noncompliance [~ at any t~me development, as defzned by this chapter, takes place for which an approved development permzt has not been issued, or development occurs which does not conform to the plans and speclf~catzons upon which the ~ssued development permit was based the Administrator shall ~ssue a written Notlce ot Noncomphance to the owner. The not~ce shall include a description of the nature and location of each alleged wolat~on of th~s chapter, and, ~f readily apparent, the measures required to brzng the development ~nto compliance with the prows~ons and requirements of this chapter. The notice shall g~ve a specific t~me allowance to the owner during which he must take one of the tollow~ng steps to bring the development into compliance with th~s chapter: An acceptable application for a development permit must be f~led with the office of the Administrator for the entire scope of development taking place or proposed for the site; The ~tem or items which are not in compliance w~th the terms, condzt~ons, and provisions of th~s chapter shall be corrected, added, or ~mproved until they are in compliance with this chapter, at which t~me the owner shall request, zn writing, a re~nspection by the Adnuaistrator; Modifxed constructxon plans shall be submitted to the Admnistrator whxch detail, xn an scceptable manner, the remedial, additional, or correctxve measures which must be taken to brxng the development withxn the provisions .~ld requirements of thxs chapter, or An acceptable variance request, subject to the provisions ot this chapter, ~hmll be submitted to the office of the Admrnlstrator whmch shall have tim effect, ~f granted, of remowng the requirements for which the development was determined to be in noncomplxance. Ih,_, Lime a]lotmenL for these actions shall be reasonable, omi ~ha]l be determned according to the number, nature, and severity .f tile nont,~mpiy~ng items. In ,lo case shall that t~me per~od ,,x, ee,{ thirty calendar dsys from the date of notification. [~, ha.~l'd~,.s t~, the ~mmedtate safety ol the publt, be may see~ 005190 Revocation or Suspension of Development Permit Upon expiration of the time allotment for remedial or corrective measures, the Administrator shall take one of the following courses of action; I) If, in the opinion of the Administrator, the owner has made, or is making, a good faith effort to remedy the offending situation the Administrator may extend the time allotment previously granted if such extension ~s requested by the owner, or 2) Where a approved development permrt has been issued for the development, the Admrnistrator shall suspend the development permit. Written notice of said suspension, along with the terms and requirements for reznstatrng the development permit, shall be dehvered to the owner. Upon suspension of a development permit all portxons o£ the work being done on the property that are regulated by this chapter shall cease. These activitxes xnclude, but are not hmlted to gradxng, excavation, fill, berming, stripping, clearing, pavxng, placement of any storm sewer, drainage structure, inlet, or appurtenance thereto; any work within a de£1ned Ares of Specxal Flood [lazard, or placement of any structure, temporary of permanent, or any obstruction wxthxn the Area of Specxal Flood Hazard. Upon ~nd~ng no approved development permit exists for the work or property rn question or suspendtng an ex~stmng approved development permit, the Administrator shall issue a stop work order for all items of work on the subject property covered by th~s or other ordinances, any work permitted, l~censed, or otherwise regulated by the City, or any work suhject to inspection or approval by the City. Tile Administrator may enter property to inspect snd verify that the requirements of th~b ordinance are being met. All notices required by this section shall be ~erved upon the parties concerned e~t~her personally o~ by certlf~e,l ma~l, addressed to the individual contracting part]e~, ,,r permit holder, at the address given on the permit application. IYu,,l t y Imposed Upon the finding of a v~olat~on ,,[ thl~ o~d]nance, the Adm[ntstrator may file a complaint ]~, tho Mun~, tpal Cou~t of thc C[ty ot College Statton against any person, l~lm, onporat[on, other legal enttty. In the event that the judg,. lira, corporation, or other legal ont]]y t,, I,~ pet son, f]~m, corporation, or other I,'~d] , th~n qw. }lundred Dollars ($200.0~1) I~,~ t it}1 2~ 005191 D. F~ne offense. Prosecution under this provision shall not be a bar to any other relief for violation of this chapter. not Exclusive Penalty in add~tton to a ftne, the City may ~nstltute appropriate actmons or proceedings at lsw or' equity for the enforcement of the prov2s~ons of this chapter or adopted Drainage Policy and Destg. Standards, or to correct violations thereof, and, ~f apphcable and appropriate actions or procee~lngs at law or equity against any surety company, escrow holder, or any thzrd party who has affirmatively acted as surety or guarantor for the faithful performance of the permit holder's work. PASSED AND APPROVED ON THIS THE 22nd day of October, 1987. A'A'A'/~ST: 005 1 92