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HomeMy WebLinkAboutOrdinance No. 83-03 • . _ �" . . ' • . : � • _ . . ' � ' • , ' - - ORDINANCE N0. 3/ 83 AN ORDINANCE PROVIDING NEW REGULATIONS FOR FLOOD DAA4AGE PREVENTION WITHIN THE JURISDICTION OF THE CITY OF FRIENDS�VOOD, TEXAS ; PROVIDIUG A STAT�M�NT OF PUR- POSES ; PROVIDING DEFINITIONS ; ESTABLISHING AREAS OF APPLICABILITY; ESTABLISHING DEVELOP?dENT PERr4ITS ; PRO- VIDING FOR COMPLIANCE; CREATING THE POSITION OF FLOOD ADb-1INISTRATOR ; ESTABLISHING THE DUTIES AND RESPONSI- BILITIES OF THE FLOOD AAr4INISTRATOR; PROVIDING PERMIT PROCEDURES ; PROVIDING FOR VARIANCES ; ESTABLISHING STANDARDS FOP. FLOOD HAZARD REDUCTION; PROVIDING A REPEALER; PROVIDING A SEVERABILTY CLAUSE; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. � * � � * tidHEREAS , the Legislature of the State of Texas has by sta- ' tutory provisions found in Title 28 of Vernon' s Annotated Civil Statutes and in the Texas Water Code delegated the responsibil- ity to local governmental units to adopt regulatians designed to minimize flood losses ; and , WHEREAS , the City Council of the City of Friendsi,rood , Texas finds and determines that the flood hazard areas of the City of Friendswood are subject to periodic inundation which results in loss of life and property, health and safety hazards , disrup- tion 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 ; and , WHER�AS , the City Council ot t,he City of Friendswood, Texas finds and determines that these flood losses are creatsd by the cumulative effect of obstructions in flood plains which cause an increase in flood heights and velocities , and by the occu- pancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately ele- vated , flood-proofed, or otherwise pratected from flood damage ; and , 19HEREAS , the City Council of the City of Friendswoo�i , Texas desires to maintain the City' s continued eligibili.ty in �he National F�.00d Insurance Program �NFIP) and to comply with the regulations of said pro�ram requiring l�gally enforceahle flood plain management measures ; . , . ' . rom... . i ' . . , � ' _ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSlV00D, STATE OF TEXAS : Section 1 . STATE�IENT OF PURPOSE A. General . It is the purpose of this Ordinance to pro- mote the public health, safety and general welfare and to mini - mize public and private losses due to flood conditions in specific areas by provisions designed : (1) To protect human life and health; ( 2) To minimize expenditure of public money for costly flood control projects ; � (3) To minimize the need for rescue and relief efforts associated with flooding and gener- ally undertaken at the expense of the general public ; (4) To minimize prolonged business interruptions ; (5) To minimize damage to public facilities and utilities such as water and gas mains , elec- tric , telephone and sewer lines , streets and bridges located in flood plains ; (6) To help maintain a stable tax base by pro- viding for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas ; and, (7) To insure that potential buyers are notified that property is in a flood area. B. Methods of Reducing Flood Losses. In order to accom- plish its purposes , this Ordinance 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 flood plains, stream channels , and natural pro- tective barriers, which are involved in the accommodation of flood waters ; (4) Control filling , grading, dredging and other development which may increase flood damage ; -2- (5) Prevent or regulate the construction of flood barriers which taill unnaturally divert flood waters or which may increase flood hazards to other lands . Section 2. DEFINITIONS. Unless specifically defined below, words or phrases used in this Ordinance shall be inter- preted to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. APPEAL - means a request for a review of the City of Friendswood Flood Administrator' s interpretation of any provi- sions of this Ordinance or a request for a variance. AREA OF SHALLOW FLOODING - means a designated A0, AH, or VO Zone on the Flood Insurance Rate Map applicable to and within the jurisdiction of the City of Friends�aood with a one percent (lo ) or greater chance of flooding to an average depth of one (1) to three (3) 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 ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is the land in the flood plain within the jurisdiction of the City of Friendswood sub- ject to a one percent (1% ) or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Nazard Boundary Map. After detailed ratemaking has been com- pleted in preparation for publication of the Flood Insurance Rate Map, Zone A usually is refined into Zones A, A0, AH, A1-99, V0, or V1-30. BASE FLOOD - means a flood having a one percent (1$ ) chance of being equalled or exceeded in any given year. DEVELOPMENT - means any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging , filling , grading, paving, excavation or drilling operations. EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two (2) or more mobile home lots for rent or sale , for which the -3- construction of facilities for servicing the lot on which the �obile homes are to be affixed (incltiding the installation of utilities , either final site grading or the pouring of concrete pads , or the construction of streets) is completed before the effective date of this Ordinance. EXPANSION TO AN EXISTING T10BILE HOME PARK OR MOBILE HOME SUBDIVISION - means the preparation of additional sites by the construction of facilities for servicing the lots on which mobile homes are to be affixed (including the installation of utilities , either final site grading or the pouring of concrete pads , or �he construction of streets) . 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. (2) The unusual and rapid accumulation or runoff of surface waters from any source. FLOOD HAZARD BOUNDARY MAP (FHBM) - means an official map , or maps applicable to the jurisdiction of the City of Friends- wood, issued by the Federal Insurance Administration, where the areas within the boundaries of special flood hazards have been designated as Zone A. FLOOD INSURANCE RATE MAP (FIRM) - means an official map, or maps applicable to the jurisdiction of the City of Friendswood , on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY - is the official report provided by the Federal Insurance Administration. The report contains flood profiles , the water surface elevation of the base flood, as well as the Flood Hazard Boundary-Floodway Map. FLOODWAY - means the channel of a river or other water- course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increas- ing the water surface elevation more than one (1 ) foot. -4- HABITABLE FLOOR - means any floor of a structure suitable for or usable for living purposes , �ahich includes �aorking , sleeping , eating , cooking or recreation, or a combination thereof . A floor used for storage purposes only is not a "habitable floor". HIGHEST ADJACENT GRADE - r�eans the highest natural eleva- tion of the ground surface next to the proposed wa11s of a structure prior to construction of said structure . MEAN SEA LEVEL - means the average height of the sea for all stages of the tide. MOBILE HOhiE - means a structure , transportable in one or more sections , which is built an a permanent chassis designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. �,9EAN HIGH TIDE - the mean high tide is the average high tide reached over a period of a lunar cycle , roughly a period of nineteen (19) years. TEXAS OPEN BEACHES ACT - the Texas Open Beaches Act , codi- fied as Subtitle E, Chapter 61 0£ the Natural Resources Code , originally enacted by the Texas Legislature in 1959, which pro- hibits encroachment by private owners on the area seaward of the line of vegetation for areas �'ronting on the Gulf of Mexico. NEW MOBILE HOME PARK OR MOBILE HOME SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two ( 2) or more mobile home lots for rent or sale, £or which the construc- tion of facilities for servicing the lot on �ahich the mobile home is to be affixed ( including, at a minimum, the installa- tion of utilities , either final site grading or the pouring of concrete pads , and the construction of streets) is completed on or after the effective date of this Ordinance. START OF CONSTRUCTION - means the first placement of perma- nent construction of a structure (other than a mobile home) on a site , such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does -5- 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 a basement , foot- ings , piers or foundations or the erection of temporary forms ; nor does it include the installation on the property of acces- sory buildings , such as garages or sheds not occupied as d�ael- ling units or not as part of the main structure. For a struc- ture (other than a mobile home) without a basement or poured footings , the "start of construction" includes the first perma- nent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of con- struction" means the affixing of the mobile home to its perma- nent site. For mobile homes within mobile home parks or mobile home subdivisions , "start of construction" is the date on �ahich the construction of facilities for servicing the site on which the mobile home is to be affixed (including , at a minimur►, the construction of streets , either final site grading or the pour- ing of concrete pads , and installation of utilities) is com- pleted. STRUCTURE - means a walled and roofed building that is principally above ground , as well as a mobile home. SUBSTANTIAL IA4PROVEMENT - means any repair, reconstruction, or improvement of a structure , the cost of which equals or exceeds fifty (SO) percent of the market value of the structure either (1) before the improvement or repair is started , or ( 2) if the structure has been damaged and is being restored , before the damage occurred. For the purposes of this definition "substantial i�provement" 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 does not, however, include either (1) any project for improve- ment of a structure to comply with existing State or local health, sanitary, or safety code specifications which are � _6_ , w solely necessary to assure safe living conditions , or ( 2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. VARIANCE - is a grant of relief to a person from the requirements of this Ordinance when specific enforcement would result in unnecessary hardship. A variance , therefore , permits construction or development in a manner otherwise prohibited by this Ordinance. Section 3. GENERAL PROVISIONS. A. Lands to lahich This Ordinance Applies This Ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of Friendswood. B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard shall be those areas identified by the Federal Insurance Administration in a scien- tific and engineering report entitled "The Flood Insurance Study of the City of Friendswood , " dated October 18 , 1982 , with accompanying Flood Insurance Rate Maps and Flood Hazard Boundary-Floodway Maps ; any revisions thereto are hereby adopted by reference and declared to be a part of this Ordinance. C. Establish�ent of Development Permit . A Development Permit shall be required to ensure conformance wi�h the provi- sions of this Ordinance. D. Compliance. No structure or land shall hereafter be located, altered, or have its use changed iaithout full com- pliance with the terms of this Ordinance, including the require- ments for a Development Permit herein, and other applicable regulations. E. Abrogation and Greater Restrictions . This Ordinance is not intended to repeal , abrogate, or impair any existing easements , covenants , or deed restrictons. However, where this Ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail . -7- F. Interpretation. In the interpretation and application of this Ordinance , all provisions shall be : (1) considered as minimum requirements ; (2) liberally constructed in favor of the governing body ; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. G. Warning and Disclaimer of Liability. The degree of flood protection required by this Ordinance 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 man-made or natural causes. This Ordinance does not imply that land outside the areas of special flood hazards or uses permit- ted within such areas will be free from flooding or flood damages . This Ordinance shall not create liability on the part of the City of Friendswood or any officer or employee thereof for any flood damages that result from reliance on this ordi- nance or any administrative decision lawfully made thereunder. Section 4. ADMINISTRATION. A. Designation of Flood Administrator. There is hereby created the position of Friendswood Flood Administrator. The City Manager is hereby appointed as the Flood Administrator to administer and implement the provisions of this Ordinance. The Flood Administrator may appoint such deputies as he shall deem necessary to assist him in the performance of his duties. Any such designated deputies are hereby authorized to carry out the responsibilities of the Flood Administrator under this Ordi- nance on behalf of the Flood Administrator. B. Duties and Responsibilities of the Flood Administra- tor. Duties and responsibilities of the Flood Administrator shall include, but not be limited to: (1) rTaintain and hold open for public inspection all records pertaining to the provisions of this Ordinance ; (2) Review, approve or deny all applications for Development Permits required by Section 3, subsection C of this Ordinance ; -8- (3) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal , State or local governmental agencies from which prior approval is required ; (4) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example , where there appears to be a conflict between a mapped boundary and actual field condi- tions) the Flood Administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection D( 2) of this Section. ( 5) Notify adjacent communities and the state coordinating agency prior to any alteration or relocation of a watercourse , and submit evidence of such notification to the Federal Insurance Administration; (6) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capa- city is not diminished. ( 7) l9hen base flood elevation data has not been provided in accordance with Section 3, sub- section B herein, the Flood Administrator shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal , State, or other source , in order to administer the provisions of Section 5 herein. C. Permit Procedures. (1 ) Application for a Development Permit shall be presented to the Flood Administrator on forms furnished by him and shall include , but not be limited to, plans in duplicate drawn to scale showing the locations , dimensions , and elevation of proposed landscape alterations , existing and proposed struc- tures , and the location of the foregoing in relation to areas . of special flood hazard. Additionally, the following infor- mation is required : a. Elevation in relation to mean sea level , of the lowest floor (including basement) of all proposed structures ; b. Elevation in relation to �ean sea level to which any non-residential structure shall be floodproofed ; c. A certificate f rom a registered professional engineer or architect that the non-residen- tial floodproofed structure shall meet the floodproofing criteria of Section 5, subsec- tion B ( 2) herein; -9- d. Description of the extent to which any water- course or natural drainage will be altered or relocated as a result of proposed develop- ment. (2) Approval or denial of a Development Permit by the Flood Administrator shall be based on all of the provisions of this Ordinance and the following relevant factors : a. The danger to life and property due to flooding or erosion damage ; b. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; c. The danger that materials may be swept onto other lands to the injury of others ; d. The compatibility of the proposed use with existing and anticipated development ; e. The safety of access to the property in times of flood for ordinary and emergency vehicles ; f. 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. g. The expected heights , velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site ; h. The necessity to the facility of a water- front location, where applicable ; i . The availability of alternative locations , not subject to flooding or erosion damage , for the proposed use ; j . The relationship of the proposed use to the comprehensive plan for that area. D. Variance Procedures. (1 ) The Board of Adjustment as established by the City of Friendswood shall hear and render judgment on requests for variances from the requirements of this Ordinance. -10- ( 2) The Board of Adjustment shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement , decision, or determination made by the Flood Ad�inistrator in the enforcement or administration of this Ordinance. (3) Any person or persons aggrieved by the decision of the Board of Adjust�ent may appeal such decision to the courts of competent jurisdiction. (4) The Flood Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Insurance Administration upon request . ( 5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places , without regard to the procedures set forth in the re�ainder of this section. (6) Generally, variances may be issued for new con- struction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and sur- rounded by lots with existing structures constructed below the base flood level , provided the relevant factors in subsection C ( 2) of this Section have been fully considered. As the lot size increases beyond one-half ( 1/2) acre , the technical justi- fication required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this Ordinance, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this Ordi- nance stated in Section 1 herein. (8) Variances shall not be issued within any desig- � nated floodway if any increase in flood levels during the base flood discharge would result. (9) Prerequisites for granting variances : -11- a. Variances shall only be issued upon a deter- mination that the variance is the minimum necessary, considering the flood hazard , to afford relief. b. Variances shall only be issued upon (i ) a showing of good and sufficient cause , (ii ) a determination that failure to grant the variance tiaould result in exceptional hard- ship to the applicant , and (iii ) a determi - nation that the granting of a variance will not result in increased flood heights , addi- tional threats to public safety, extraordi- nary public expense , create nuisances , cause fraud on or victimization of the public , or conflict with existing local laws or ordi- nances. c. Any applicant to whoM a variance is granted shall be given written notice that the structure will be permitted to be built �aith a lowest floor elevation no more than two ( 2) feet below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk result- ing from the reduced lowest floor elevation. Section 5 . PROVISIONS FOR FLOOD HAZARD REDUCTION. A. General Standards . In all areas of special flood hazards the following provisions are required : (1) All new construction and substantial improve- ments shall be anchored to prevent flota- tion, collapse or lateral movement of the structure ; (2) All new construction or substantial improve- ments shall be constructed by methods and practices that minimize flood damage ; (3) Al1 new construction or substantial amprove- ments shall be constructed with materials and utility equipment resistant to flood damage ; (4) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system ; (5) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systero and discharges from the systems into flood waters ; and, (6) On-site waste disposal systems shall be located to avoid impairment to them or con- tamination f rom then during flooding. B. Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth herein in (i ) Section 3, subsection B, (ii ) Section -12- 4 , subsection B (7) , or ( iii ) Section 5 , subsection D (3) the following provisions are required : (1) Residential Contruction - New Construction or substantial improvement of any residen- tial structure shall have the lowest floor, including basement , elevated to or above the base flood elevation. A registered profes- sional engineer, architect , or land surveyor shall submit a certification to the Flood Administrator that the standard of this sub- section, as proposed in Section 4, subsec- tion C ( 1 ) (a) , is satisfied. ( 2) Non-residential Contruction - New Construc- tion or substantial improvement of any com- mercial , industrial or other non-residential structure shall either have the lo�aest floor, including basement , elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities , be floodproofed so that below the base flood level the structure is water tight with walls substantially impermeable to the passage of water and with structural components having the capability of resist- ing hydrostatic and hydrodynamic loads and effects of buoyancy. A registered profes- sional engineer or architect shall submit a certification to the Flood AdMinistrator that the standards of this subsection as proposed in Section 4, subsection C ( 1 ) (c) , are satisfied. (3) rlobile Homes - a. No mobile home shall be placed in a floodway, or if applicable , a coastal high hazard area, except in an existing mobile home park or existing mobile home subdivision. b. All mobile homes shall be anchored to resist flotation, collapse , or lateral movement . Specific requirements shall be : (i ) over-the-top ties at each of the four corners of the mobile home, with two additional ties per side at intermediate locations and mobile homes less than SO feet long requiring one addi - tional tie per side ; (ii ) frame ties at each corner of the home with five additional ties per side at intermediate points and mobile homes less than SO feet long requiring four addi- tional ties per side ; (iii ) all components of the anchoring system be capable of carrying a force of 4, 800 pounds ; -13- '� � (iv) any additions to the mobile home be similarly anchored. c. For new mobile home parks and subdivi- sions ; for expansions to existing mobile home parks and subdivisions ; for existing mobile home parks and subdivi- sions where the repair, reconstruction or improvement of the streets , util- ities and pads has been undertaken and equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced ; and for mobile homes not placed in a mobile home park or subdivision the following requirements shall be met : (i ) stands or lots shall he elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level . A registered professional engi- neer, architect , or land survey- or shall submit a certification to the Flood Administrator that the standard of this paragraph complies with subsection B( 1) of this Section. (ii ) adequate surface drainage and access for a hauler shall be provided ; and , (iii ) in the instance of elevation on pilings : (1 ) lots shall be large enough to permit steps , (2) piling foundations shall be placed in stable soil no more than ten feet apart , and ( 3) reinforcement shall be provided for pilings more than six (6) feet above the ground level . � (4) Floodways - property located within areas of special flood hazard established in Section 3, subsection B are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris , poten- tial projectiles and erosion potential , the following provisions shall apply to floodway areas : a. Encroachments are prohibited , including fill , new construction, substantial improvements and other developments unless certification by a professional registered engineer or architect is provided demonstrating that encroach- ments shall not result in any increase in flood levels during occurrence of the base flood discharge. b. If Section 5, subsection B (4) (a) above is satisfied, all new construc- tion and substantial improvements shall comply with all applicable flood hazard r reduction provisions of Section 5. -14- c. Prohibit the placement of any mobile homes , except in an existing mobile home park or subdivision. d. Al1 buildings and structures within an area to which the Texas Qpen Beaches Act applies shall be located at or above the line of vegetation, or at least 300 feet from mean low tide where there is no visible line of vegeta- tion. In areas which are not subject to provisions of the Texas Open Beaches Act , all buildings and structures shall be located land�aard of the reach of the mean high tide. C. Standards for Areas of Shallow Flooding (AO Zones) . Property located within the areas of special flood hazard established in Section 3 subsection B are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate ; therefore, the following provisions apply: (1 ) Al1 new construction and substantial improve- ments of residential structures shall have the lowest floor (including basement) ele- vated above the highest adjacent grade at least as high as the depth number specified in feet on the applicable FIRM (at least two ( 2) feet if no depth number is specified) . (2) All new construction and substantial improve- ments of nonresidential, structures : (i ) shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the applicable FIRM (at least two ( 2) feet if no depth number is specified) , or; (ii ) together with attendant utility and sanitary facilities shall be designed so that below the base flood level the structure is water-tight 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. (3) A registered professonal engineer or archi- tect shall submit a certification to the Flood Administrator that the standards of this subsection, as proposed in Section 4 subsection C(1) (a) are satisfied. .� -15- (4) Require within Zones AH and A0, adequate drainage paths around structures on slopes , to guide floodwaters around and away from proposed structures. D. Standards for Subdivision Proposals. (1) All subdivision proposals shall be consistent with Section 1 of this Ordinance. ( 2) All proposals for the development of subdivisions shall meet Development Permit requirements of Section 3, sub- section C, Section 4, subsection C, and the provisions of Sec- tion 5 of this Ordinance. ( 3) Base flood elevation data shall be provided for subdi- vision proposals and other proposed development which is greater than the lesser of 50 lots or 5 acres , if not otherwise provided pursuant to Section 3, subsection B or Section 4, sub- section B ( 7) of this Ordinance. ( 4) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. (S) All subdivision proposals shall have public utilities and facilities such as sewer, gas , electrical and water systems located and constructed to minimize flood damage. Section 6. REPEALING CLAUSE. All ordinances or parts of ordinances inconsistent or in conflict herewith are , to the extent of such inconsistency or conflict hereby repealed. More , specifically, and without limitation, Ordinance Number 304, passed on the third and final reading on June 5 , 1978 , is here- by in all things repealed. Section 7. SEVERABILITY CLAUSE. If any word , phrase , clause, sentence, paragraph, section, subsection, part or por- tion of this Ordinance shall be held in any court of competent jurisdiction upon final judgment to be invalid or unconstitu- tional , it shall not affect, impair, or invalidate this ordi- nance as a whole or any part or provision hereof other than the part so declared to be invalid or unconstitutional ; and the City Council of the City of Friendswood, Texas, declares that : -16- it would have passed each and every part the same notwithstand- ing the omission of any such part so declared to be invalid or unconstitutional , or whether there be one or more parts. PASSED AND APPROV�D on first reading this the 7th day of March , 1983. PASSED AND APPROVED on second reading this the 21st day of March 1983, � PASSED, APPROVED AND ADOPTED on third and final reading this the �th day of April , 1983. �-C�---� ���( a'� hlayor ATTEST: � �. � � - City Secretary -17-