HomeMy WebLinkAboutOrdinance No. 2023-27 ORDINANCE NO. 2023-27
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, REPEALING CHAPTER 34 "FLOODS" OF THE
FRIENDSWOOD CITY CODE; AMENDING THE FRIENDSWOOD CITY
CODE BY ADDING A NEW CHAPTER TO BE NUMBERED AND ENTITLED
CHAPTER 34 "FLOODS" TO INCORPORATE ITEMS FROM THE MODEL
FLOOD DAMAGE PREVENTION ORDINANCE AS PUBLISHED BY THE
TEXAS WATER DEVELOPMENT BOARD AND NATIONAL FLOOD
INSURANCE PROGRAM(NFIP)ORDINANCE GUIDELINES;AND ADDING
PROVISIONS FOR APPEALS; PROVIDING A MAXIMUM PENALTY OF
FIVE HUNDRED AND NO/100 DOLLARS ($500.00); REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, PUBLICATION
AND AN EFFECTIVE DATE.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. That Chapter 34 "Floods" of the Friendswood City Code is hereby repealed
in its entirety.
Section 2. That the Friendswood City Code is hereby amended by adding a new
chapter to be numbered and entitled Chapter 34 "Floods," which chapter shall read as follows:
Chapter 34. FLOODS
ARTICLE I. STATUTORY AUTHORIZATION, FINDINGS OF FACT,PURPOSE, AND
METHODS
Sec. 34-1. Statutory authorization.
The legislature of the state has in the Flood Control Insurance Act, Texas Water Code
§§ 16.311, et seq., delegated the responsibility to local governmental units to adopt regulations
designed to minimize flood losses. Therefore, the city council of the City of Friendswood, Texas,
does ordain the provisions set out in this chapter to be its regulations governing flood damage
prevention.
Sec. 34-2. Findings of fact.
(a) Flood hazard areas of the city are subject to periodic inundation which results in loss of life
and property, health and safety hazards, disruption of commerce and governmental
services, and extraordinary public expenditures for flood protection and relief,all of which
adversely affect the public health, safety, and general welfare.
(b) These flood losses are created by the cumulative effect of obstructions in floodplains which
cause an increase in flood heights and velocities, and by the occupancy of flood hazard
areas by uses vulnerable to floods and hazardous to other lands because they are
inadequately elevated, floodproofed or otherwise protected from flood damage.
Sec. 34-3. Statement of purpose.
It is the purpose of this chapter to promote the public health, safety and general welfare,
and to minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and development of
flood-prone areas in such a manner as to minimize future flood blight areas;
(7) Ensure that potential buyers are notified that property is in a flood area; and
(8) Preserve floodplain storage through mitigation.
Sec. 34-4. Methods of reducing flood losses.
In order to accomplish its purposes, this chapter uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in times of
flood, or cause excessive increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such uses,
be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels and natural protective
barriers which are involved in the accommodation of floodwaters;
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(4) Control filling,grading,dredging and other development which may increase flood
damage; and
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands.
Secs. 34-5-34-18. Reserved.
ARTICLE II. FLOOD DAMAGE PREVENTION
DIVISION 1. DEFINITIONS
Sec. 34-19. Definitions.
The following words,terms and phrases,when used in this article,shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
0.2 percent flood elevation means the elevation above mean sea level that floodwaters have
been calculated to have a 0.2 percent chance of reaching in any given year.
Appeal means a request for a review of the floodplain administrator's interpretation of any
provision of this article or a request for a variance.
Atlas 14 rainfall means rainfall frequency data published in the National Oceanic and
Atmospheric Administration (NOAA) Atlas 14, Volume 11 Precipitation-Frequency Atlas of the
United States, Texas.
Base flood means the flood having a one percent(1%)chance of being equaled or exceeded
in any given year.
Base flood elevation means the elevation shown on the Flood Insurance Rate Map (FIRM)
and found in the accompanying Flood Insurance Study(FIS) for Zones A,AE,AH,Al-A30, AR,
V 1-V30,or VE that indicated the water surface elevation resulting from flood that has a 1%chance
of equaling or exceeding that level in any given year—also called the Base Flood.
Critical feature means an integral and readily identifiable part of a flood protection system,
without which the flood protection provided by the entire system would be compromised.
Development means any manmade change in improved and unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations.
Elevated building means a non-basement building built,
(1) in the case of a building in zones A1-30, AE, A, A99, AO, AH, B, C, X and D, to
have the top of the elevated floor;
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(2) in the case of a building in zones V 1-30,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 pilings, columns(posts and piers)or shear walls parallel to the flow of
the water and adequately anchored so as not to impair the structural integrity of the
building during a flood of up to the magnitude of the 500-year flood;
(3) in the case of zones A l-30,AE,A,A99,AO,AH,B,C,X and D,the term"elevated
building" also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded movement of
floodwaters; and
(4) in the case of zones V 1-30, VE or V, the term "elevated building" also includes a
building otherwise meeting the definition of"elevated building," even though the
lower area is enclosed by means of breakaway walls, if the breakaway walls meet
the standards of section 60.3(e)(5) of the National Flood Insurance Program
regulations.
Existing construction or existing structures means, for the purposes of determining rates,
structures for which the start of construction commenced before the effective date of the FIRM or
before January 1, 1975, for FIRMs effective before that date.
Existing manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed, (including, at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) is completed before the
effective date of the floodplain management regulations adopted by a community.
Expansion to an existing manufactured home park or subdivision means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed(including the installation of utilities,the construction of streets,and either
final site grading or the pouring of concrete pads).
FEMA means the Federal Emergency Management Agency.
Fill means any material that is placed in an area and increases the elevation of that area or
displaces water volume.
Flood or flooding means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters; or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood elevation study means and examination, evaluation, and determination of flood
hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation
and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
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Flood hazard boundary map (FHBM) means an official map of a community on which
FEMA has delineated the boundaries of the flood, mudslide (i.e., mudflow) and related erosion
areas having special hazards and which have been designated as zones A, M and/or E.
Flood insurance rate map (FIRM) means an official map of the city, on which the federal
insurance administration has delineated both the areas of special flood hazards and the risk
premium zones applicable to the city.
Flood Insurance Study (FIS)—see Flood elevation study.
Flood protection system means those physical structural works for which funds have been
authorized, appropriated and expended, and which have been constructed specifically to modify
flooding in order to reduce the extent of the areas within a community subject to flood risk the
extent of the depths of associated flooding. Such a system typically includes hurricane tidal
barriers, dams, reservoirs, levees or dikes. These specialized flood-modifying works are those
constructed in conformance with sound engineering standards.
Floodplain or flood prone area means any land area susceptible to being inundated by
water from any source (see Flooding).
Floodway - see Regulatory Floodway
Floodway conveyance offset volume means the volume of material that must be excavated
and removed from the special flood hazard area to provide an equivalent storage volume necessary
to reduce loss of conveyance associated with development within the floodway.
Friendswood special flood hazard area as defined in section 34-23, Flood zones defined.
Increased cost of compliance (ICC) means coverage that provides payment of up to
$30,000 to substantially damaged properties to help cover the cost of mitigation activities that will
reduce the risk of future flood damage to a building if all of the following for the structure are met:
(1) The structure is covered by an insurance policy through the National Flood
Insurance Program(NFIP);
(2) The structure must have suffered flood damage on at least two occasions in
a 10-year period ending on the day of the second loss;
(3) The cost to repair the flood damage, on average, equals or exceeds 25% of
the market value of the building at the time of the two flood losses, or cumulatively total
50%of the pre-flood market value(a value less than 50%for substantial damage does not
qualify for ICC), as defined by the local floodplain ordinance, and;
(4) In addition to the claim requesting ICC,the NFIP must have paid a previous
qualifying claim.
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Levee means a manmade structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control or divert the flow
of water so as to provide protection from temporary flooding.
Levee system means a flood protection system which consists of a levee, or levees, and
associated structures, such as closure and drainage devices,which are constructed and operated in
accordance with sound engineering practices.
Lowest floor means the lowest floor of the lowest enclosed area, including basement. An
unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or
storage, in an area other than a basement area is not considered a building's lowest floor,provided
that such enclosure is not built so as to render the structure in violation of the applicable
nonelevation design requirements of section 60.3 of the National Flood Insurance Program
regulations.
Manufactured home means a structure transportable in one or more sections, which is built
on a permanent chassis, and is designed for use with or without a permanent foundation when
connected to the required utilities. The term "manufactured home" does not include a recreational
vehicle.
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
Mean sea level means, for purposes of the National Flood Insurance Program, the North
American Vertical Datum(NAVD)of 1988, or other datum to which base flood elevations shown
on a community's flood insurance rate map are referenced.
New construction means, for the purpose of determining insurance rates, structures for
which the "start of construction" commenced on or after the effective date of an initial FIRM or
after December 31, 1974, whichever is later, and includes any subsequent improvement to such
structures. For floodplain management purposes, "new construction" means structures for which
the "start of construction" commenced on or after the effective date of a floodplain management
regulation adopted by a community and includes any subsequent improvements to such structures.
New manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) is completed on or after the
effective date of floodplain management regulations adopted by a community.
Regulatory floodway means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than a designated height.
Repetitive loss means flood-related damage sustained by a structure on two separate
occasions during a ten(10)year period for which the cost of repairs at the time of each such event,
is over$1,000 or,on the average,equals or exceeds twenty-five percent(25%)of the market value
of the structure before the damage occurred.
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Start of construction (for other than new construction or substantial improvements under
the Coastal Barrier Resources Act(PL 97-348)) includes substantial improvement and means the
date the building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of
the permit date. The actual start means either the first placement of permanent construction of a
structure on a site,such as the pouring of slabs or footings,the installation of piles,the construction
of columns,or any work beyond the stage of excavation,or the placement of a manufactured home
on a foundation. The term "permanent construction" does not include land preparation, such as
clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor
does it include excavation for basements, footings, piers or foundations or the erection of
temporary forms; nor does it include the installation on the property of accessory buildings, such
as garages or sheds, not occupied as dwelling units or not part of the main structure. For a
substantial improvement, the actual start of construction means the first alteration of any wall,
ceiling,floor,or other structural part of a building,whether or not that alteration affects the external
dimensions of the building.
Structure means anything constructed or erected with a fixed location on the ground or
attached to something having a fixed location on the ground.
Substantial damage means damage of any origin sustained by a structure whereby the cost
of restoring the structure to its before-damage condition would equal or exceed fifty percent(50%)
of the market value of the structure before the damage occurred.
Substantial improvement means any repair,reconstruction, or improvement of a structure
(including repetitive loss)over a period of ten(10)years,the cost of which equals or exceeds fifty
percent (50%) of the market value of the structure either before the improvement or repair is
started, or, if the structure has been damaged and is being restored, before the damage occurred.
For the purpose of this definition,the term"substantial improvement" is considered to occur when
the first alteration of any wall, ceiling, floor or other structural part of the building commences,
whether or not that alteration affects the external dimensions of the structure.The term"substantial
improvement" does not, however, include either any project for improvement of a structure to
comply with existing state or local health, sanitary or safety code specifications which are solely
necessary to ensure safe living conditions or any alteration of a structure listed on the National
Register of Historic Places or a state inventory of historic places.
Variance means a grant of relief to a person from the requirements of this article when
specific enforcement would result in unnecessary hardship. A variance, therefore, permits
construction or development in a manner otherwise prohibited by this article. (For full
requirements, see section 60.6 of the National Flood Insurance Program regulations.)
Violation means the failure of a structure or other development to be fully compliant with
the community's floodplain management regulations. A structure or other development without
the elevation certificate, other certifications or other evidence of compliance required in sections
60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4) or(e)(5) of the National Flood Insurance Program
regulations is presumed to be in violation until such time as that documentation is provided.
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Water surface elevation means the height, in relation to the North American Vertical
Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
DIVISION 2. GENERAL PROVISIONS
Sec. 34-20. Lands to which this chapter applies.
This chapter shall apply to all areas within the jurisdiction of the city.
Sec. 34-21. Basis for establishing the areas of special flood hazard and other flood areas.
The areas of special flood hazard identified by FEMA in the current scientific and
engineering report entitled, "The Flood Insurance Study (FIS) for Galveston County, Texas and
Incorporated Areas,"dated August 15,2019,with accompanying Flood Insurance Rate Map and/or
Flood Boundary-Floodway Maps (FIRM and/or FBFM)dated August 15,2019, and any revisions
thereto are hereby adopted by reference and declared to be a part of this article. Incorporated areas
includes both Galveston and Hams Counties.
Sec. 34-22. Development permit—establishment.
A development permit shall be required to ensure conformance with the provisions of this
article. The permit fee is set forth in Appendix D to this code. A development permit is required
for all development-related activity in the floodplain, including,but not limited to:
(1) Construction of new structures;
(2) Modifications or improvements to existing structures;
(3) Excavation;
(4) Filling;
(5) Paving;
(6) Drilling;
(7) Driving of piles; and
(8) Grading.
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Sec. 34-23. Flood zones defined.
(a) Moderate to low-risk areas, also known as "other flood areas" or the 500-year floodplain.
In communities that participate in the NFIP, flood insurance is available to all property
owners and renters in these zones:
(1) Zones B and X (shaded)means areas subject to a 0.2 percent chance of flooding in
any given year; areas of one percent(1%) annual chance flood with average depths
of less than one foot (1') or with drainage areas less than one square mile (1 mi2) ,
and areas protected by levees from one percent(1%) annual chance flood.
(2) Zones C and X(unshaded)means areas of minimal flood hazard, outside of the 0.2
percent chance of flood.
(b) High risk areas, also known as "special flood hazard area" or the 100-year floodplain. In
communities that participate in the NFIP, mandatory flood insurance purchase
requirements apply to all of these zones:
(1) Zones A, AE, A1-30, AH, AO, AR, A99 means the land in the floodplain within
the city, that is subject to a one percent (1%) or greater chance of flooding in any
given year.
(c) High risk—Coastal areas. In communities that participate in the NFIP, mandatory flood
insurance purchase requirements apply to all of these zones:
(1) Zones V,VE,V1-30 means coastal areas with a one percent(1%)or greater chance
of flooding and an additional hazard associated with storm waves.
(d) Friendswood special flood hazard area is hereby established and means the land in the
special flood hazard area and in the floodplain within the city that is subject to a 0.2 percent
or greater chance of flooding in any given year and is designated as unnumbered A zones,
AE zones,AO zones,AH zones,A 1 through A99 zones,VO zones,V 1 through V30 zones,
VE zones,V zones, or X shaded zones.
Sec.34-24. Compliance.
No structure or land shall be located, altered or have its use changed without full compliance
with the terms of this article and other applicable regulations.
Sec. 34-25. Abrogation and greater restrictions.
This article is not intended to repeal, abrogate, or impair any existing easements, covenants
or deed restrictions. However, where this article and another ordinance or regulation conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
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Sec. 34-26. Interpretation.
In the interpretation and application of this article, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the city council; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
Sec. 34-27. Warning and disclaimer of liability.
The degree of flood protection required by this article is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. On rare occasions, greater
floods can and will occur,and flood heights may be increased by manmade or natural causes. This
article does not imply that land outside the areas of special flood hazards or uses permitted within
such areas will be free from flooding or flood damages. This article shall not create liability on the
part of the city or any official or employee thereof for any flood damages that result from reliance
on this article or any administrative decision lawfully made thereunder.
DIVISION 4. ADMINISTRATION
Sec. 34-28. Floodplain administrator—Designation.
The city manager is hereby appointed the Floodplain Administrator to administer and
implement the provisions of this article and other appropriate sections of 44 CFR (Emergency
Management and Assistance - National Flood Insurance Program Regulations) pertaining to
floodplain management.
Sec.34-29. Same—Duties and responsibilities.
Duties and responsibilities of the floodplain administrator shall include,but not be limited
to, the following:
(1) Maintain and hold open for public inspection all records pertaining to the provisions
of this article;
(2) Review permit applications to determine whether proposed building sites will be
reasonably safe from flooding;
(3) Review, approve or deny all applications for development permits required by
adoption of this article;
(4) Review permits for proposed development to ensure that all necessary permits have
been obtained from those federal, state or local governmental agencies (including
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section 404 of the Federal Water Pollution Control Act amendments of 1972, 33
U.S.C. § 1334) from which prior approval is required;
(5) Make the necessary interpretation where interpretation is needed as to the exact
location of the boundaries of the areas of Friendswood special flood hazard areas
(for example,where there appears to be a conflict between a mapped boundary and
actual field conditions);
(6) Notify, in riverine situations, adjacent communities and the state coordinating
agency,which is the Texas Water Development Board(TWDB)and also the Texas
Commission on Environmental Quality (TCEQ), prior to any alteration or
relocation of a watercourse, and submit evidence of such notification to FEMA;
(7) Ensure that the flood-carrying capacity within the altered or relocated portion of
any watercourse is maintained; and
(8) When base flood elevation and Zone X (shaded) data has not been provided in
accordance with Section 34-21, the Floodplain Administrator shall obtain, review
and reasonably utilize any base flood elevation data, Zone X (shaded) data and
floodway data available from a federal, state or other source in order to administer
the provisions of Division 5 of this article.
Sec. 34-30. Permit Procedures.
(a) Application for a development permit shall be presented to the floodplain administrator on
a form furnished by him and may include, but not be limited to, plans in duplicate, drawn
to scale,showing the location,dimensions and elevation or proposed landscape alterations,
existing and proposed structures, and the location of the foregoing in relation to areas of
Friendswood special flood hazard areas. Additionally, the following information is
required:
(1) Elevation, in relation to mean sea level, of the lowest floor, including basement, of
all new and substantially improved structures;
(2) Elevation in relation to mean sea level to which any nonresidential structure shall
be floodproofed;
(3) A certificate from a registered professional engineer or architect that the
nonresidential floodproofed structure shall meet the floodproofing criteria of
subsection 34-61;
(4) Description of the extent to which any watercourse or natural drainage will be
altered or relocated as a result of proposed development;
(5) Maintenance of a record of all such information in accordance with subsection 34-
29(1);
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(6) A mitigation plan identifying all cut and fill activities occurring within the areas of
Friendswood special flood hazard areas. This mitigation plan will include all
necessary calculations and shall be signed and sealed by a registered professional
engineer; and
(7) Mitigation activities shall be fully implemented prior to any other development-
related activities commenced on any given site.
(b) Approval or denial of a development permit by the floodplain administrator shall be based
on all of the provisions of this article and the following relevant factors:
(1) The danger to life and property due to flooding or erosion damage;
(2) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(3) The danger that materials may be swept onto other lands to the injury of others;
(4) The compatibility of the proposed use with existing and anticipated development;
(5) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(6) The costs of providing governmental services during and after flood conditions,
including maintenance and repair of streets and bridges, and public utilities and
facilities such as sewer, gas, electrical and water systems;
(7) The expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site;
(8) The necessity to the facility of a waterfront location, where applicable;
(9) The availability of alternative locations, not subject to flooding or erosion damage,
for the proposed use; and
(10) The relationship of the proposed use to the comprehensive plan for the area.
Sec.34-31. Stormwater management.
(a) Prior to the issuance of any development permit, except for permits for developments in
areas wholly outside areas of Friendswood special flood hazard areas where it is
determined by the city engineer as unnecessary due to the existence of sufficient available
data, the applicant shall submit a hydrological analysis showing the impact and potential
adverse effects of increased runoff attributable to such proposed development from an
Atlas 14 100-year frequency storm on downstream areas. Drainage improvements shall be
required in accordance with the following:
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(1) Where new developments do not aggravate downstream flooding problems, they
shall not be required to provide either on-site storage or off-site improvements;
(2) Where new developments may aggravate downstream flooding,the developer shall
compensate for the increased flood flows by providing downstream improvements
which provide capacity to handle the increased flows;
(3) Where downstream improvements may be so extensive as to be uneconomical for
the proposed development or not be feasible because of right-of-way or other
limitations, new developments may provide on-site storage improvements sized
and constructed as to eliminate any adverse drainage impact downstream;
(4) If it is not feasible for new development to analyze all downstream conditions,such
new development may provide on-site storage of sufficient capacity to limit the
developed peak discharge from the storage systems to that which would have
flowed from the development in its natural undeveloped state. The stormwater
runoff rate from a development after its completion shall not exceed the runoff rate
for the land area prior to its development as determined by the 100-year frequency
storm. Drainage calculations modeled to accomplish this purpose and the inflow-
outflow hydrographs supplied for the area will be supplied with construction
drawings and along with all other calculations for drainage; and
(5) Hydrograph timing may not be used as a substitution for providing detention.
The storage systems designed to accomplish this purpose shall not be closer to any
water-bearing strata than one foot (1') and shall have soil borings from a certified
laboratory to substantiate this fact,and these results will be supplied with the design
engineer's stamp on them to the city engineer before construction can begin. The
type and geometrical shape of the storage system is independent and left to the
design of the developer's engineer, but should include a cross section for flow up
to a five-year frequency storm and the second cross section should be for the storage
of additional stormwater to the 100-year interval. The area used for this purpose is
to be maintained by the developer.
(b) No development shall proceed until approval has been granted by the city engineer for the
plans, specifications and flood control measures for such development as required under
this section.
Sec. 34-32. Variance procedures.
The following shall regulate variances from the provisions of this article:
(1) The Construction Board of Adjustment (CBOA), as established by the city, shall
hear and render judgment on requests for variances from the requirements of this
article;
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(2) The CBOA shall hear and render judgment on an appeal only when it is alleged
there is an error in any requirement, decision or determination made by the
floodplain administrator in the enforcement or administration of this article;
(3) Any person aggrieved by the decision of the appeal board may appeal such decision
in the courts of competent jurisdiction;
(4) The floodplain administrator shall maintain a record of all actions involving an
appeal and shall report variances to FEMA upon request;
(5) Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or a state inventory of
historic places without regard to the procedures set forth in the remainder of this
section;
(6) Variances may be issued for new construction and substantial improvements to be
erected on a lot of one-half acre or less in size contiguous to and surrounded by lots
with existing structures constructed below the base flood level, provided the
relevant factors in subsection 34-30(b) have been fully considered. As the lot size
increases beyond the one-half acre, the technical justification required for issuing
the variance increases;
(7) Upon consideration of the factors noted in this section and the intent of this article,
the appeal board may attach such conditions to the granting of variances as it deems
necessary to further the purpose and objectives of this article;
(8) Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result;
(9) Prerequisites for granting variances are as follows:
a. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief;
b. Variances shall only be issued upon:
1. Showing a good and sufficient cause;
2. A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
3. A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, or
extraordinary public expense, or create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or
ordinances; and
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c. Any applicant to whom a variance is granted shall be given written notice
that the structure will be permitted to be built with the lowest floor elevation
below the base flood elevation, and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced lowest
floor elevation; and
(10) Variances may be issued by the city for new construction and substantial
improvements and for other development necessary for the conduct of a
functionally dependent use, provided that the criteria outlined in subsections (1)
through (9) of this section are met, and the structure or other development is
protected by methods that minimize flood damages during the base flood and create
no additional threats to public safety.
Secs.34-33-34-59. Reserved.
DIVISION 5. PROVISIONS FOR FLOOD HAZARD REDUCTION
Sec. 34-60. General standards.
In all Friendswood special flood hazard areas within the city, the following provisions are
required for all new construction and substantial improvements:
(1) All new construction or substantial improvements shall be designed or modified
and adequately anchored to prevent flotation, collapse or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy;
(2) All new construction or substantial improvements shall be constructed by methods
and practices that minimize flood damage;
(3) All new construction or substantial improvements shall be constructed with
materials resistant to flood damage;
(4) All new construction or substantial improvements shall be constructed with
electrical, heating, ventilation,plumbing and air conditioning equipment and other
service facilities that are designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding;
(5) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system;
(6) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system and discharge from the system
into floodwaters; and
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(7) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
Sec. 34-61. Specific standards.
In all Friendswood special flood hazard areas within the city where base flood elevation and
0.2 percent flood elevation data has been provided as set forth in sections 34-21, 34-29(8), or 34-
63(c), the following provisions are required:
(1) Residential construction. New construction and substantial improvement of any
residential structure, including all attendant utility and sanitary facilities shall have
the lowest floor, including basement, elevated to twenty-four inches (24") above
the base flood elevation or at or above the 0.2 percent flood elevation,whichever is
greater. A registered professional engineer, architect or land surveyor shall submit
a certification to the floodplain administrator that the standard of this subsection,
as proposed in in this article, is satisfied.
(2) Nonresidential construction. New construction and substantial improvements of
any commercial, industrial or other nonresidential structure shall either have the
lowest floor, including basement, elevated to twenty-four inches (24") above the
base flood level at or above the 0.2 percent flood elevation, whichever is greater,
or together with attendant utility and sanitary facilities, be designed so that below
the base flood level plus twenty-four inches (24") the structure is watertight with
walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy. A registered professional engineer or architect shall
develop and/or review the structural design, specifications and plans for the
construction and shall certify that the design and methods of construction are in
accordance with accepted standards of practice as outlined in this subsection. A
record of such certification, which includes the specific elevation in relation to
mean sea level to which such structures are floodproofed, shall be maintained by
the floodplain administrator.
(3) Enclosures. New construction and substantial improvements, with fully enclosed
areas below the lowest floor that are usable solely for parking of vehicles,building
access or storage in an area other than a basement and which are subject to flooding
shall be designed to automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered professional engineer or
architect or meet or exceed the following minimum criteria:
a. A minimum of two(2)openings on separate walls having a total net area of
not less than one square inch (1 in2) for every square foot of enclosed area
subject to flooding shall be provided.
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b. The bottom of all openings shall be no higher than one foot (1') above
grade.
c. Openings may be equipped with screens,louvers,valves,or other coverings
or devices provided that they permit the automatic entry and exit of
floodwaters.
d. Enclosures below the base flood elevation are useable solely for parking
of vehicles, building access, or storage. Owner(s) of new and substantially
improved buildings will be required to sign a non-conversion agreement
that must be filed with the deed. Enclosures shall be subject to inspection at
any time with notice.
(4) Manufactured homes.
a. All manufactured homes to be placed within zone A on a community's
FHBM or FIRM shall be installed using methods and practices which
minimize flood damage. For the purpose of this requirement,manufactured
homes must be elevated and anchored to resist flotation, collapse or lateral
movement. Methods of anchoring may include, but are not limited to, use
of over-the-top or frame ties to ground anchors. This requirement is in
addition to applicable state and local anchoring requirements for resisting
wind forces.
b. All manufactured homes that are placed or substantially improved within
Zones AI-30,AH, and AE on the community's FIRM on sites(i) outside of
a manufactured home park or subdivision, (ii) in a new manufactured home
park or subdivision, (iii)in an expansion to an existing manufactured home
park or subdivision, or (iv) in an existing manufactured home park or
subdivision on which a manufactured home has incurred "substantial
damage" as a result of a flood, shall be elevated on a permanent foundation
such that the lowest floor of the manufactured home is elevated to twenty-
four inches (24") above the base flood elevation and be securely anchored
to an adequately anchored foundation system to resist flotation, collapse,
and lateral movement.
c. All manufactured homes shall be placed or substantially improved on sites
in an existing manufactured home park or subdivision with Zones A 1-30,
AH and AE on the community's FIRM that are not subject to the provisions
of paragraph (4) of this section be elevated to the higher of the following:
1. the lowest floor of the manufactured home is twenty-four inches
(24") above the base flood elevation, or
2. the manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are no
less than thirty-six inches (36") in height above grade and be
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securely anchored to an adequately anchored foundation system to
resist flotation, collapse, and lateral movement.
(5) Recreational Vehicles. Require that recreational vehicles placed on sites within
Zones Al-30, AH, and AE on the community's FIRM either (i) be on the site for
fewer than 180 consecutive days, or (ii) be fully licensed and ready for highway
use, or (iii) meet the permit requirements of Article 4, Section C (1), and the
elevation and anchoring requirements for "manufactured homes" in paragraph (4)
of this section. A recreational vehicle is ready for highway use if it is on its wheels
or jacking system, is attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions.
Sec.34-62. Special lowest floor elevation requirements.
(a) Notwithstanding any other provision contained in this article to the contrary, in zone AE,
lowest floor elevations shall be a minimum of twenty-four inches(24") above the elevation
given on the latest FEMA FIRM panel for the city, eighteen inches (18") above the crown
of the street to which the structure is addressed, or at or above the 0.2 percent flood
elevation whichever is greater. When building location falls between elevations, the
elevation may be interpolated to the nearest one-half foot(Y2 ft).
(b) Notwithstanding any other provision contained in this article to the contrary, in zone AO,
lowest floor elevations shall be thirty-six inches(36")higher than the centerline of the road
in curb and gutter streets, or the high bank of a roadside ditch on streets with open ditch
drainage or at or above the 0.2 percent flood elevation,whichever is greater.
(c) Notwithstanding any other provision contained in this article to the contrary, in zone X
shaded, lowest floor elevations shall be a minimum of twenty-four inches(24")higher than
the adjacent natural grade, eighteen inches (18")above the crown of the street to which the
structure is addressed, or at or above the 0.2 percent flood elevation,whichever is greater.
(d) Notwithstanding any other provision contained in this article to the contrary, in zone X
unshaded, lowest floor elevation shall be as follows:
(1) On curb and gutter streets, the elevation shall be a minimum of eighteen inches
(18")above the top of curb or a minimum of twelve inches(12")above the adjacent
natural grade or at or above the 0.2 percent flood elevation,whichever is greater.
(2) On streets with open ditches, slab elevations shall be a minimum of eighteen inches
(18") higher than the center of the street or a minimum of twelve inches (12")
higher than the adjacent natural grade or at or above the 0.2 percent flood elevation,
whichever is greater.
(e) For the purposes of this section,the term"adjacent natural grade"means the natural ground
adjacent to the slab at its centerline paralleling the front of the structure. Natural ground is
assumed to be the ground surface existing prior to placement of the building pad.
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Sec. 34-63. Standards for subdivision proposals.
(a) All subdivision proposals, including the placement of manufactured home parks and
subdivisions, shall be consistent with sections 34-2, 34-3 and 34-4.
(b) All proposals for the development of subdivisions, including the placement of
manufactured home parks and subdivisions,shall meet the Floodplain Development Permit
requirements of sections 34-30 and 34-25,and the provisions of this division.
(c) Base flood elevation data and 0.2 percent flood elevation data shall be generated for
subdivision proposals and other proposed development, including the placement of
manufactured home parks and subdivisions, which is greater than 50 lots or five acres,
whichever is lesser, if not otherwise provided pursuant to section 34-21.
(d) All subdivision proposals, including the placement of manufactured home parks and
subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards.
(e) All subdivision proposals, including the placement of manufactured home parks and
subdivisions, shall have public utilities and facilities, such as sewer, gas, electrical and
water systems located and constructed to minimize or eliminate flood damage.
Sec.34-64. Floodways.
Property located within areas of special flood hazard as established in section 34-21 are areas
designated as floodways. The council finds that floodways are extremely hazardous areas due to
the velocity of floodwaters which carry debris, potential projectiles and erosion potential, and the
following provisions shall therefore apply to these areas in order to protect the public health,safety,
and welfare and to protect private property:
(1) Encroachments into the floodway shall be prohibited, including fill, new
construction, substantial improvements,and other development within the adopted
regulatory floodway unless it has been demonstrated through a no-rise certificate
using hydrologic and hydraulic analyses performed in accordance with standard
engineering practices that the proposed encroachment would not result in any
increase in flood levels within the community during the occurrence of the base
flood discharge;
(2) If subsection (1) of this section is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions
of sections 34-60 through 34-64, and other applicable regulations of the city,
including the provisions of this article; and
(3) Under the provisions of 44 CFR 65.12 of the National Flood Insurance Program
regulations, the city may permit encroachments within the adopted regulatory
floodway that would result in an increase in base flood elevations,provided that the
city first applies for a conditional FIRM and floodway revision through FEMA.
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Sec.34-65 Severability.
If any section, clause, sentence, or phrase of this chapter is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this chapter.
Sec. 34-66 Penalties for non-compliance.
(a) No structure or land shall hereafter be constructed, located, extended, converted,or altered
without full compliance with the terms of this chapter and other applicable regulations.
Any person who fails to comply with the requirements of this chapter,including violations
of conditions and safeguards established in connection with conditions, shall, upon
conviction, be punishable as provided in section 1-14 of this code and shall pay all costs
and expenses involved in the case.
(b) Nothing herein contained shall prevent the city from taking such other lawful action as is
necessary to prevent or remedy any violation.
Section 3. That a person who violates any provision of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction, shall be fined in an amount not to exceed FIVE
HUNDRED AND NO/100 DOLLARS ($500.00). Each day of violation shall constitute a
separate offense.
Section 4. All ordinances or parts of ordinances in conflict or inconsistent with this
ordinance are hereby expressly repealed.
Section 5. In the event any clause,phrase,provision,sentence,or part of this ordinance
or the application of the same to any person or circumstances shall for any reason be adjudged
invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or
invalidate this ordinance as a whole or any part or provision hereof other than the part declared to
be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares
that it would have passed each and every part of the same notwithstanding the omission of any
such part thus declared to be invalid or unconstitutional, whether there be one or more parts.
Section 6. That the City Secretary shall give notice of the passage of this ordinance by
causing the caption of this ordinance to be published in the official newspaper of the City.
PASSED and APPROVED on first reading by the affirmative vote of the City Council this
11th day of September, 2023.
/iALdAAdI4
MIKE Flo REMA , Mayor
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ATTEST.
adjaaffijahA OF OkIENf)
LETICIA BRYSCH, City Secret. ,` h4;a rs;:10
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APPROVED AS TO FORM: co
c22q TE O0E-P'-
KAREN L. HORNER, City Attorney
PASSED, APPROVED and ADOPTED on second and final reading by the affirmative
vote of the City Council this 2nd day of October, 2023.
MIKE FO M , Mayor
ATTS :
*
LE CIA BRYSCH, City Secret ftVEN
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APPROVED AS TO FORM: j ' Qd
owalb Co
. HORNER, City Attorney �T-(/TE OF-C -
H:\City Council\Ordinances\2023\09-11-2023\Ordinance-Flood Damage Prevention Final.docx
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