HomeMy WebLinkAboutOrdinance No. 2020-45ORDINANCE NO 2020-45
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES, CHAPTER 34, FLOODS, ARTICLE II.
FLOOD DAMAGE PREVENTION DIVISION 1
GENERALLY BY AMENDING SECTIONS 34 19, 34-21, 34
24, 34-25, 34-31, 34-33, 34-34, AND BY ADDING SECTION 34
35, AND AMENDING DIVISION 2 FLOOD HAZARD
REDUCTION BY AMENDING SECTIONS 34-60 THROUGH
34-64; PROVIDING A PENALTY FOR VIOLATION IN AN
AMOUNT NOT TO EXCEED $2,000 FOR EACH
VIOLATION OR AS OTHERWISE PROVIDED BY LAW;
REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES INCONSISTENT OR IN CONFLICT
HEREWITH AND PROVIDING FOR SEVERABILITY,
PUBLICATION AND EFFECTIVE DATE
WHEREAS flooding poses risk to property and residents in the City of Fnendswood and
WHEREAS the City's effective Flood Insurance Rate Maps (FIRMS) do not accurately
define flood risks because they are based on rainfall information which has since been updated
subsequent to the release of information in the National Oceanic Atmospheric Administration
(NOAA) Atlas 14 frequency analysis, and
WHEREAS the City is a partner with Harris County and the Hams County Flood Control
District in local flood control efforts, and
WHEREAS the Commissioners Court of Hams County has recommended to
communities within Hams County to adopt certain minimum standards pertaining to drainage and
flood control
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS
Section 1 That the facts and matters set forth in the preamble of this Ordmance are
hereby found to be true and correct
Section 2 That the City of Fnendswood Code of Ordinances, Chapter 34 Floods,
Article II Flood Damage Protection, Division 1 Generally is hereby amended to read as follows
`DIVISION I GENERALLY
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 percentflood elevation means the elevation above mean sea level that floodwaters have
been calculated to have a 0.2 percent chance of reaching many 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,/lood means the flood having a one percent chance of being equaled or exceeded in any
given year
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 marinade 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 budding means a non basement building built in the case of a building in zones
Al 30 AE A A99 AO AIL B C X and D to have the top of the elevated floor or, in the case
of a building in zones VI 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 budding during a flood of up to the magnitude of the
500-year flood In the case of zones Al 30 AE A, A99 AO AH B C, X and D, the term
"elevated budding" also includes a budding elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters In
the case of zones VI 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
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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
FEMA means the Federal Emergency Management Agency
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
Fill means any material that is placed in an area and increases the elevation of that area or
displaces water volume
Flood hazard boundary map (FHBM) means an official map of a community on which the
Federal Emergency Management Agency 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 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 or regulatoryfloodway 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
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 34-25, Flood Zones Defined
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
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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 For floodplam management purposes the term manufactured
home also includes park trailers travel trailers and other similar vehicles placed on a site for
greater than 180 consecutive days For insurance purposes the term "manufactured home" does
not include park trailers travel trailers and other similar vehicles
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 floodplam management purposes, structures for which the start
of construction commenced on or after the effective date of a floodplam management regulation
adopted by a community
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 budding permit was issued provided the actual start of construction, repair
reconstruction 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
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 50 percent of the
market value of the structure before the damage occurred
Substantial improvement means any repair reconstruction or improvement of a structure
over a period of 10 years the cost of which equals or exceeds 50 percent 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
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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 section
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
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 floodplmms of coastal or nvenne areas
Sec 34-20 Statutory authorization
The legislature of the state has in V T C.A. 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 does ordain the provisions set out in this article to be its regulations
governing flood damage prevention
Sec 34-21 Findings of fact
The city finds that
(1) The Fnendswood special 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
(2) 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 34-22 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
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(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 mams, electric,
telephone and sewer lines, streets and bridges located in floodplams,
(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 34-23 Lands to which this article applies
This article shall apply to all areas within the jurisdiction of the city
Sec 34-24 Basis for establishing the areas of special flood hazard and other flood areas
The areas of special flood hazard and other flood areas identtfiedby FEMA in a scientific
and engineering report entitled The Flood Insurance Study for Galveston County Texas and
Incorporated Areas " dated August 15 2019 with accompanying Flood Insurance Rate Map and
Flood Boundary-Floodway Maps (FIRM and FBFM) are hereby adopted by reference and
declared to be a part of this article Incorporated Areas includes both Galveston and Hams
Counties
Sec 34-25 Flood Zones Defined
Moderate to Low Risk Areas also known as "other flood areas' or the 500-year floodplam — In
communities that participate in the NFIP flood insurance is available to all property owners and
renters in these zones
Zones B and X (Shaded) means areas subject to a 0.2 percent chance of flooding in any
given year areas of 1 percent annual chance flood with average depths of less than 1 foot
or with drainage areas less than 1 square mile and areas protected by levees from 1
percent annual chance flood
Zones C and X (Unshaded) means areas of minimal flood hazard, outside of the 0.2
percent chance of flood
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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
Zones A AE AI 30 AH AO AR, A99 means the land in the floodplain within the City that
is subject to a one percent or greater chance of flooding in any given year
High Risk — Coastal Areas — In communities that participate in the NFIP, mandatory flood
insurance purchase requirements apply to all of these zones
Zones V. VE. VI 30 means coastal areas with a 1 % or greater chance of flooding and an
additional hazard associated with stoma waves
Friendswood Special Flood Hazard area is hereby established and means the land in the special
flood hazard area and in the floodplam 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 Al through A99 Zones VO Zones V 1 through V30 Zones VE Zones V
Zones or Shaded Zones
Sec 34-26 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 34-27 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
Sec 34 28 Interpretation.
In the interpretation and application of this article all provisions shall be
(1) Considered as mimmum 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 29 Warning and disclaimer of liability
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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
Sec 34-30 Floodplain administrator Designation.
The city manager is hereby appointed the floodplam administrator to administer and
implement the provisions of this article and other appropriate sections of 44 CFR (National
Flood Insurance Program regulations) pertaining to floodplam management
Sec 34-31 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 budding 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 section
404 of the Federal Water Pollution Control Act amendments of 1972 33 USC 1344) 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 state water commission 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
(8) When base flood elevation and Zone X (Shaded) data has not been provided in
accordance with section 34-24 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 2 of this article
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Sec. 34-32 Development permit —Establishment
A development permit shall be required to ensure conformance with the provisions of this
article The permit fee shall be set by resolution and printed in Appendix D to this Code A
development permit is required for all development -related activity in the floodplam, 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
Sec 34-33 Same —Procedures
(a) Application for a development permit shall be presented to the floodplain administrator on
a form famished by lum 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 section 34-61(2)
(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 34-30(1)
(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
(7) Mitigation activities shall be fully implemented prior to any other development -related
activities commenced on any given site
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(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
(10) The relationship of the proposed use to the comprehensive plan for the area.
Sec 34-34 Variance procedures
The following shall regulate variances from the provisions of this article
(1) The appeal board as established by the city shall hear and renderjudgment on requests
for variances from the requirements of this article
(2) The appeal board 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) Vanances 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
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in section 34 32(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
c Any applicant to whom a vanance 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
(10) Vanances 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
Sec 34-35 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
y8ar frequency storm on downstream areas Drainage improvements shall be required in
accordance with the following
(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
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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 limn 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 I00-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
(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 and shall have sod 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 tlus
section."
Section 3 That the City of Friendswood Code of Ordinances, Chapter 34 Floods,
Article II Flood Damage protection Division 2 Flood Hazard Reduction, is hereby amended to
read as follows
"DIVISION 2 FLOOD HAZARD REDUCTION
Sec 34-59 Methods of reducing flood losses
In order to accomplish its purposes this division uses the following methods
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(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
(4) Control filling grading dredging and other development which may increase flood
damage
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands
Sec 34-60 General standards
In all Friendswood special flood hazard areas, 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 mr 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
(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 where base flood elevation and 0.2 percent
flood elevation data has been provided as set forth in section 34-33. the following provisions are
required
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(1) Residential construction. New construction and substantial improvement of any
residential structures shall have the lowest floor including basement elevated to 24
inches 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 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 24 inches above the base flood level at or above the .2
percent flood elevation, whichever is greater 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 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 floodplam administrator
(3) Manufactured homes
a All manufactured homes to be placed within zone A 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 shall be in compliance with subsection (1) of this section
Sec 34-62 Maintenance of on -site stormwater storage facilities
(a) In each case where an on -site stormwater storage facility is provided pursuant to this article,
the developer shall furnish evidence of acceptance for maintenance of such storage facility to
the Galveston County Consolidated Drainage District (GCCDD) having authority to perform
such service The Galveston County Consolidated Drainage District (GCCDD) will agree to
assume such responsibility provided the developer
(1) Dedicates to the city and GCCDD an easement over and across such facility,
(2) Dedicates an access easement to such facility to the city and GCCDD and
(3) Pays to the entity who is maintaining such facilities whether the city or GCCDD the
estimated cost of maintaining such storage facility for a period of ten years as stated on
the fee schedule in the Drainage Criteria Manual
Provided further if the on -site stormwater storage facility is designed to be a dry facility and
not an amenity or a private recreational facility Amenity ponds shall be defined as any pond
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whose land area has been deeded to the homeownera/landowners for the benefit of the
homeowners/landowners and are to be maintained by the homeownersYlandowners' association.
These ponds shall include wet ponds and ponds used for recreational purposes
(b) For the purposes of this section the term stormwater storage facility" means a stormwater
storage facility serving primarily as a collection device and not as a transmission system and
which is designed and constructed for the purpose of providing on -site detention for the
benefit of a multiparcel development, and not for a single lot or single parcel development
Sec 34-63 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 24 inches above the elevation given on the latest
FEMA FIRM panel for the city or at or at or above the 0.2 percent flood elevation whichever
is greater When budding location falls between elevations, the elevation may be interpolated
to the nearest one-half foot
(b) Notwithstanding any other provision contained in this article to the contrary in zone AO
lowest floor elevations 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 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 24 inches higher than the adjacent
natural grade 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 18 inches above the top
of curb or a minimum of 12 inches 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 mimmum of 18 inches higher
than the center of the street or a minimum of 12 inches 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
(f) Any person who shall violate any provision of this section shall be deemed guilty of a
misdemeanor
Sec 34-64 Standards for subdivision proposals
(a) All subdivision proposals including manufactured home parks and subdivisions, shall be
consistent with sections 34-21 34-22 and 34-59
Ord No. 2020-45 15
(b) All proposals for the development of subdivisions, including manufactured home parks and
subdivisions, shall meet the development permit requirements of sections 34-32 and 34 26
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 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 24
(d) All subdivision proposals, including manufactured home parks and subdivisions, shall have
adequate drainage provided to reduce exposure to flood hazards
(e) All subdivision proposals including 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 34-65 Floodways
Property located within areas of special flood hazard as established in section 34-24 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 or provisions
of this article
(3) Under the provisions of 44 CFR 65 12 of the National Flood Insurance Program
regulations, a community may permit encroachments within the adopted regulatory
floodway that would result in an increase in base flood elevations provided that the
community first applies for a conditional FIRM and floodway revision through FEMA
Section 4 That this Ordinance is hereby incorporated and made a part of the
Friendswood City Code of Ordinances
Section 5 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 $2,000.00
Each day of violation shall constitute a separate offense
Ord No. 2020-45 16
Section 6 That this Ordinance shall become effective upon publication as required by
the City Charter
Section 7. That all ordinances or parts of ordinances in conflict or inconsistent with
this Ordinance are hereby expressly repealed
Section 8 That 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 Fnendswood 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 9 That the City Secretary shall give notice of the enactment of this Ordinance by
publication as required by the City Charter
PASSED AND APPROVED on first reading this 2nd day of November, 2020
PASSED, APPROVED, AND ADOPTED on second and final reading this 7th day of
December, 2020
ATTEST
�,OF PRIEH��o
..01.
elia& Welsh, TRMC
City Secretary N� '
F0FI
Ord No. 202045 17