HomeMy WebLinkAboutOrdinance No. 16,490 (Item 6.o.)ORDINANCE NO. 16,490
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 110 "FLOODS," ARTICLE II "FLOOD DAMAGE
PREVENTION," DIVISION 1 "GENERALLY," SECTION 110-26 "DEFINITIONS";
SECTION 110-27 "STATUTORY AUTHORIZATION," SECTION 110-31 "LANDS TO
WHICH THIS ARTICLE APPLIES," SECTION 110-32 "BASIS FOR ESTABLISHING
THE SPECIAL FLOOD HAZARD AREA"; AND DIVISION 2 "ADMINISTRATION,"
SECTION 110-68 "FLOODPLAIN DEVELOPMENT PERMIT REQUIRED," AND
SECTION 110-71 "SUBSTANTIAL DAMAGE/IMPROVEMENT"; AND DIVISION 3
"FLOOD HAZARD REDUCTION," SECTION 110-101 "GENERAL STANDARDS,"
SECTION 110-102 "SPECIFIC STANDARDS," SECTION 110-104 "STANDARDS
FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES)," SECTION 110-105
"STANDARDS FOR REGULATORY FLOODWAYS," AND SECTION 110-106
"STANDARDS FOR COASTAL HIGH HAZARD AREAS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF
FIVE HUNDRED AND NO/100 DOLLARS ($500.00) FOR EACH VIOLATION; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 110 "Floods," Article II "Flood Damage Prevention," Division
1 "Generally," Section 110-26 "Definitions" of the Code of Ordinances, Baytown, Texas, is hereby
amended to add the definition of "floodproofing" and amend the definition of"lowest floor" which
definitions shall read as follows:
CHAPTER 110. FLOODS
ARTICLE II. FLOOD DAMAGE PREVENTION
DIVISION 1. GENERALLY
Sec. 110-26. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Floodproofing means any combination of structural and non-structural additions, changes or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
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 non -
elevation design requirement of 44 C.F.R. § 60.3.
Section 2: That Chapter 110 "Floods," Article II "Flood Damage Prevention," Division
1 "Generally," Section 110-27 "Statutory authorization" of the Code of Ordinances, Baytown,
Texas, is hereby amended to read as follows:
CHAPTER 110. FLOODS
ARTICLE II. FLOOD DAMAGE PREVENTION
DIVISION 1. GENERALLY
Sec. 110-27. Statutory authorization.
The Legislature of the State of Texas has in the Flood Control Insurance Act, V.T.C.A.,
Water Code 5 16.315, delegated the responsibility of the local governmental units to adopt
regulations designed to minimize flood losses. Therefore, the city council of the city does hereby
ordain the regulations in this chapter.
Section 3: That Chapter 110 "Floods," Article II "Flood Damage Prevention," Division
1 "Generally," Section 110-31 "Lands to which article applies" of the Code of Ordinances,
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 110. FLOODS
ARTICLE II. FLOOD DAMAGE PREVENTION
DIVISION 1. GENERALLY
Sec. 110-31. Lands to which article applies.
This article shall apply to all moderate and special flood hazard areas within the jurisdiction
of the City of Baytown.
Section 4: That Chapter 110 "Floods," Article II "Flood Damage Prevention," Division
1 "Generally," Section 110-32 "Basis for establishing special flood hazard area" of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 110. FLOODS
ARTICLE II. FLOOD DAMAGE PREVENTION
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DIVISION 1. GENERALLY
Sec. 110-32. Basis for establishing the special flood hazard area.
The moderate and special flood hazard areas as identified by FEMA in the scientific and
engineering reports entitled, "The Flood Insurance Study for Harris County, Texas" effective
January 6, 2017 and "The Flood Insurance Study for Chambers County, Texas" dated May 4,
2015, with accompanying flood insurance rate maps and all subsequent amendments and/or
revisions thereto are hereby adopted by reference and declared to be a part of this article. Such
maps are available for review in the office of the floodplain administrator. Original copies of the
official maps and all amendments thereto shall be maintained in the office of the floodplain
administrator. In any dispute regarding the maps, the original map maintained at the office of the
floodplain administrator shall control.
Section 5: That Chapter 110 "Floods," Article II "Flood Damage Prevention," Division
2 "Administration," Section 110-68 "Floodplain development permit required," of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 110. FLOODS
ARTICLE II. FLOOD DAMAGE PREVENTION
DIVISION 2. ADMINISTRATION
Sec. 110-68. Floodplain development permit required.
A floodplain development permit shall be required for all proposed development, re-
development, or substantial improvement within special or moderate flood hazard areas to ensure
conformance with this article. Building and engineering permits with a floodplain review may
serve as the floodplain development permit required by this section.
Section 6: That Chapter 110 "Floods," Article II "Flood Damage Prevention," Division
2 "Administration," Section 110-71 "Substantial damage/improvement," Subsection (a) (2) of the
Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 110. FLOODS
ARTICLE II. FLOOD DAMAGE PREVENTION
DIVISION 2. ADMINISTRATION
Sec. 110-71. Substantial damage/improvement.
(a) Determinations.
(2) The floodplain administrator shall make all determinations regarding substantial
improvement to a structure within the special flood hazard areas. If the cumulative
value of all improvements for the previous five years is less than 50 percent of
the market or tax appraisal value of the existing improvements on the structure,
then the improvement is not a substantial improvement. Should the
proposed improvements be determined to be a substantial improvement, the
existing structure and the proposed improvements to the structure shall be required
to come into conformance and/or meet the current pertinent requirements of this
chapter.
a. The market value of the structure shall be the value determined by the
central appraisal district of the appropriate county.
b. The estimated percentage of improvement shall be calculated by dividing
the estimated cost of the improvement by the value of the structure prior to
improvement.
Section 7: That Chapter 110 "Floods," Article II "Flood Damage Prevention," Division
3 "Flood Hazard Reduction," Section 110-101 "General standards," Subsection (8) of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 110. FLOODS
ARTICLE II. FLOOD DAMAGE PREVENTION
DIVISION 3. FLOOD HAZARD REDUCTION
Sec. 110-101. General standards.
In all moderate and special flood hazard areas, the following are required:
(8) All new or replacement on -site water disposal systems shall be located to avoid
impairment to them or contamination from them during flooding; and
Section 8: That Chapter 110 "Floods," Article II "Flood Damage Prevention," Division
3 "Flood Hazard Reduction," Section 110-102 "Specific standards," Subsections (2) and (4) of the
Code of Ordinances, Baytown, Texas, are hereby amended to read as follows:
CHAPTER 110. FLOODS
ARTICLE II. FLOOD DAMAGE PREVENTION
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DIVISION 3. FLOOD HAZARD REDUCTION
Sec. 110-102. Specific standards.
The design and construction of projects located within an area of special or moderate flood
hazard shall, at a minimum, meet the following requirements:
(2) Nonresidential construction. New construction and substantial improvements of
any commercial, industrial, or other nonresidential structure shall either have the
lowest floor, including basement, and all components of the electrical and
mechanical systems and any other service facility elevated to at least the 500-year
floodplain elevation or 24 inches above the base flood elevation, whichever is
higher, with plumbing systems designed and/or located so as to prevent floodwaters
from entering or damaging them or, together with attendant utility and sanitary
facilities, be designed so that below the 500-year floodplain elevation or 24 inches
above the base flood level, whichever is higher, 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. Designs for meeting this requirement must be certified by
a registered professional engineer licensed to practice in Texas to meet or exceed
the minimum criteria.
(4) Manufactured homes.
a. All manufactured homes placed or substantially improved within a moderate or
special flood hazard area on the community's FIRM, including but not limited
to, those manufactured homes located outside of the manufactured home park
or subdivision, in the new manufactured home park or subdivision, in an
expansion to existing manufactured home park or subdivision or in an existing
manufactured home park or subdivision, shall be elevated on a permanent
foundation so that the lowest horizontal structural member of the manufactured
home as well as all components of the mechanical, electrical, and plumbing
systems and any other service facility are elevated to at least the 500-year
floodplain elevation or 24 inches above the base flood elevation, whichever is
higher. Plumbing systems shall be designed and/or located so as to prevent
floodwaters from entering or damaging them. For the purposes of this
subsection, manufactured homes must be elevated and anchored to resist
flotation, collapse and 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.
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b. All manufactured homes placed or substantially improved on site in an existing
manufactured home park or subdivision, within the moderate or special flood
zone area, on the community's FIRM, that are not subject to the provisions of
section 110-104(4)(a), shall be elevated so that either:
i) The lowest floor of the manufactured home is at or above the base
flood elevation, or
ii) The manufactured home chassis is supported by reinforced piers or
other foundation elements of equivalent strength to satisfy the
requirements of section 110-104(4)(a).
Section 9: That Chapter 110 "Floods," Article II "Flood Damage Prevention," Division
3 "Flood Hazard Reduction," Section 110-104 "Standard for areas of shallow flooding (AO/AH
zones)," Subsection 4 of the Code of Ordinances, Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 110. FLOODS
ARTICLE II. FLOOD DAMAGE PREVENTION
DIVISION 3. FLOOD HAZARD REDUCTION
Sec. 110-104. Standard for areas of shallow flooding (AO/AH zones).
Located within the areas of special flood hazard established in section 110-32 are areas
designated as shallow flooding. These areas have special flood hazards associated with base flood
depths of one to three feet where a clearly defined channel does not exist and where the path of flooding
is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or
sheet flow; therefore, the following shall apply:
(4) Adequate drainage paths around structures on slopes to guide water around and
away from those structures shall be required.
Section 10: That Chapter 110 "Floods," Article II "Flood Damage Prevention," Division
3 "Flood Hazard Reduction," Section 110-105 "Standards for regulatory floodways," of the Code
of Ordinances, Baytown, Texas, is hereby amended to add Subsection (4), Subsection(4) shall read
as follows:
CHAPTER 110. FLOODS
ARTICLE II. FLOOD DAMAGE PREVENTION
DIVISION 3. FLOOD HAZARD REDUCTION
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Sec. 110-105. Standard for regulatory floodways.
Located within areas of special flood hazard established in section 110-32 are areas
designated as regulatory floodways. Since the regulatory floodway is an extremely hazardous
area due to the velocity of floodwaters which carry debris, potential projectiles and erosion
potential, the following shall apply:
(4) The City Engineer shall establish the floodway based on FEMA's documents and other
engineering studies. The City Engineer shall enforce compliance with no rise
standards. The capacity to carry the base flood elevation without increasing the water
surface elevation shall be maintained.
Section 11: That Chapter 110 "Floods," Article Il "Flood Damage Prevention," Division
3 "Flood Hazard Reduction," Section 110-106 "Standards for coastal high hazard areas,"
Subsection (2) of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 110. FLOODS
ARTICLE II. FLOOD DAMAGE PREVENTION
DIVISION 3. FLOOD HAZARD REDUCTION
Sec. 110-106. Standards for coastal high hazard areas.
Located within the special flood hazard areas established in section 110-32 are areas
designated as coastal high hazard areas (zone V1-30, VE and/or V). These areas have special
flood hazards associated with high velocity waters from tidal surges and hurricane wave wash;
therefore, the design and construction of projects located within an area of coastal high hazard
shall, at a minimum, meet the following requirements:
(2) All new construction, substantial improvements shall be elevated on pilings and
columns so that:
a. The Elevation (in relation to mean sea level) of the bottom of the lowest
horizontal structural member of the lowest floor, excluding the pilings or columns
of all new and substantially improved structures, and whether or not such
structures contain a basement, is elevated 24 inches above the base flood level or
500-year elevation whichever is higher;
b. The pile or column foundation and structure attached thereto is anchored to resist
flotation, collapse and lateral movement due to the effects of wind and water loads
acting simultaneously on all building components. Water loading values used
shall be those required by applicable state or local building standards; and
c. A registered professional engineer shall develop or review the structural design,
specifications and plans for the construction.
Section 12: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency; and in all other respects, this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 13: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of this ordinance or the application of same to any person or the set of circumstances shall
for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity
of the remaining provisions of this ordinance or their application to other persons or sets of
circumstances; and to this end, all provisions of this ordinance are declared to be severable.
Section 14: Any person who fails to comply with any provision of this ordinance shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than FIVE
HUNDRED AND NO/100 DOLLARS ($500.00). Each act of violation and each day upon which
any such violation shall occur shall constitute a separate offense.
Section 15: This ordinance shall take effect from and after ten (10) days from its passage
by the City Council of the City of Baytown. The City Clerk is hereby directed to give notice hereof
by causing the caption of this ordinance to be published in the official newspaper of the City of
Baytown at least twice within ten (10) days after passage of this ordinance.
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INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 281h day of May, 2026.
CHARLES JOHN N, Vayor
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ANGELA/JAI�KSON, City
APPROVED AS TO FORM:
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RISTIN HOLME , Assistant City Attorney
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