HomeMy WebLinkAboutOrdinance No. 2003-08 Title: An ordinance amending the Flood Damage Prevention Ordinance to change
the City's FEMA (Federal Emergency Management Agency)/NFIP (National Flood
Insurance Program)/CRS (Community Rating System) classification.
ORDINANCE NO. 2003-OS
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF FRIENDSWOOD, TEXAS, BY ADDING A NEW
SUBPARAGRAPH (8) TO SECTION 34-29 THEREOF, BY
ADDING A SENTENCE AND NEW SUBPARAGRAPHS (1)
THROUGH (S) TO SECTION 34-39 THEREOF, BY ADDING A
NEW PARAGRAPH (6) AND A NEW PARAGRAPH ('� TO
SUBSECTION (a) OF SECTION 34-40 THEREOF, BY STRIKING
THE TERM "ELEVATED TO OR ABOVE THE BASE FLOOD"
FROM THE FIRST SENTENCES OF SUBPARAGRAPHS (1) AND
(2) OF SECTION 34-58 THEREOF AND SUBSTITUTING
THEREFOR THE TERM "ELEVATED TO 24 INCHES ABOVE
THE BASE FLOOD," BY DELETING TAE TERM "OF
TEMPERATURE CONTROLLED AREAS" CONTAINED IN THE
FIRST SENTENCES OF SUBSECTIONS (a), (b), AND (c) OF
SECTION 34-60 THEREOF, BY DELETING THE LAST
SENTENCE OF SUBSECTION (a) OF SECTION 34-60 THEREOF,
AND BY ADDING TO SUBPARAGRAPH (1) OF SECTION 34-62
THEREOF, IMMEDIATELY PRIOR TO THE TERM
"HYDROLOGIC AND HYDRAULIC ANALYSES," THE TERM
"NO-RISE CERTIFICATE USING;" PROVIDING THAT A
PURPOSE OF THE CITY'S FLOOD DAMAGE PREVENTION
REGULATIONS IS TO PRESERVE FLOODPLAIN STORAGE
THROUGH MITIGATION; PROVIDING DESCRIPTION AND
ENUMERATION OF THE TYPE OF ACTIVITY WHICH
REQUIRES ISSUANCE OF A DEVELOPMENT PERMIT;
PROVIDING FOR THE DEVELOPMENT OF MITIGATION
PLANS; PROVIDING THAT NEW CONSTRUCTION AND
SUBSTANTIAL IMPROVEMENTS SHALL HAVE THE LOWEST
FLOOR ELEVATED TO NOT LESS THAN TWENTY FOUR
INCHES (24") ABOVE THE BASE FLOOD LEVEL; PROVIDING
FOR THE PREPARATION OF "NO-RISE CERTIFICATES
EVIDENCING IMPACTS ON FLOODWAYS; PROVIDING A
PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH
DAY OF VIOLATION OF ANY PROVISION HEREOF;
PROVIDING FOR SEVERABILITY; AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT
HEREWITH.
� * � � � � * �: �
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS:
Section 1. The Code of Ordinances of the City of Friendswood, Texas, is
hereby amended by adding to Section 34-29 thereof a new Subparagraph (8) to provide as
follows:
"Sec. 34-29. Statement of purpose.
It is the purpose of this article 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
proj ects;
(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; [and]
(7) Ensure that potential buyers are notified that property is in a flood
area[.]; and
� Preserve floodplain stora�e through miti atg ion•"
Section 2. The Code of Ordinances of the City of Friendswood, Texas, is
hereby further amended by adding to Section 34-39 thereof a new sentence and new
Subparagraphs (1) through (8) to provide as follows:
"Sec. 34-39. Development permit—Establishment.
A development permit shall be required to ensure conformance
with the provisions of this article. A development permit is required for
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all development-related activity in the floodplain, includin�but not limited
to:
�1� Construction of new structures;
(2) Modifications or improvements to existin�structures;
(3) Excavation;
�4) Fillingi
�5) Paving�
�6) Drillin�
(7) Driving of Piles; and
(8) Gradin�."
Section 3. The Code of Ordinances of the City of Friendswood, Texas, is
hereby further amended by adding to Subsection (a) of Section 34-40 thereof a new
Paragraph (6) to provide as follows:
"Sec. 34-40. Same—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 special flood hazard. 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 non
residential 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 section 34-58(2).
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(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 section 34-38(1).
� A Mitigation Plan identifving all cut and fill activities
occurrin� within the areas of special flood hazard. This Miti a� tion
Plan will include all necessary calculations and shall be signed and
sealed bv a Registered Professional En ig neer•
� Miti�ation activities shall be fully implemented prior to any
other development-related activities commence on any given site."
Section 4. The Code of Ordinances of the City of Friendswood, Texas, is
hereby further amended by striking from the first sentences of Subparagraphs (1) and (2)
of Section 34-58 thereof the term "elevated to or above the base flood" and substituting
therefor the term "elevated to 24 inches above the base flood" as follows:
"Sec.34-58. Specific standards.
In all areas of special flood hazards where base flood elevation
data has been provided as set forth in section 34-41, section 34-48(8) or
section 34-61([d]c) the following provisions are required:
(1) Residential construction. New construction and substantial
improvement of any residential structures shall have the lowest floor,
including basement, elevated to [or] 24 inches above the base flood
elevation. 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 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
[or] 24 inches above the base flood level or, together with attendant utility
and sanitary facilities, be designed so that below the base flood level 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
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ord.2003-08
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."
Section 5. The Code of Ordinances of the City of Friendswood, Texas, is
hereby further amended by striking from the first sentence of Subsections (a), (b), and (c)
of Section 34-60 thereof the term "of temperature controlled areas," and by further
striking the last sentence from Subsection(a) of Section 34-60, all as follows:
"Sec. 34-60. Special lowest floor elevation requirements.
(a) Notwithstanding any other provision contained in this
article to the contrary, in zone AE, lowest floor elevations [of temperature
controlled areas] shall be a minimum of 24 inches above the elevation
given on the latest FEMA FIRM panel for the city. When building
location falls between elevations, the elevation may be interpolated to the
nearest one-half foot. [Lowest floor for areas not temperature controlled
shall be a minimum of six inches above the relevant elevation.]
(b) Notwithstanding any other provision contained in this
article to the contrary, in zone AO, lowest floor elevations [of temperature
controlled areas] shall be 36 inches 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. [Lowest floor of areas not temperature-
controlled shall be a minimum of 18 inches higher than the centerline of
the road or ditch high bank, as the case may be.]
(c) Notwithstanding any other provision contained in this
article to the contrary, in zone X shaded, lowest floor elevations [of
temperature controlled areas] shall be a minimum of 24 inches higher than
the adjacent natural grade. [Lowest floor of areas not temperature-
controlled shall be a minimum of six inches higher than the adjacent
� natural grade.]"
Section 6. The Code of Ordinances of the City of Friendswood, Texas, is
hereby further amended by adding to Subparagraph (1) of Section 34-62 thereof the term
"...a No-Rise Certificate using...,"as follows:
"Sec. 34-62. Floodways.
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(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 usin� 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."
Section 7. Any person who shall violate any provision of this Ordinance shall
be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not
to exceed $2,000. Each day of violation shall constitute a separate offense.
Section 8. All ordinances or parts of ordinances inconsistent or in conflict
herewith are, to the extent of such inconsistency or conflict, hereby repealed.
Section 9. 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.
PASSED AND APPROVED on first reading this 16tb day of June,2003.
PASSED, APPROVED, and ADOPTED on second and final reading this 7th
day of July,2003.
; - � � �.
Kimball W. Brizendine
Mayor
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ATTEST:
. �'
Deloris McKenzie, TRMC
City Secretary
MOTION: COUNCILMEMBER JERRY ERICSSON
2ND: COUNCILMEMBER DAVID JH SMITH
APPROVED: 5-0
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