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:
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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
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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.
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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