Ordinance No. 12,823ORDINANCE NO. 12,823
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 110 "FLOODS," ARTICLE II "FLOOD
DAMAGE PREVENTION" OF TI-IE CODE OF ORDINANCES, BAYTOWN,
TEXAS, TO UPDATE THE CITY'S REGULATIONS THAT ARE DESIGNED TO
MINIMIZE FLOOD LOSSES CONSISTENT WITH THE NATIONAL FLOOD
INSURANCE PROGRAM AND TO ADOPT THE REVISED FLOOD
INSURANCE RATE MAPS FOR THE CITY OF BAYTOWN; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF FIVE HUNDRED AND N01100 DOLLARS ($500.00);
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
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Section 1: That Chapter 110 "Floods," Article II "Flood Damage Prevention" of the
Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 110. FLOODS
ARTICLE 11. FLOOD DAMAGE PREVENTION
DIVISION 1. GENERALLY
Sec. 110 -26. Definitions.
Unless specifically defined in this section, words or phrases used in this article shall be
interpreted to give them the meaning they have in common usage and to give this article its most
reasonable application. 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:
Act means the National Flood Insurance Act of 1968 as hereinafter amended.
Alluvial fan flooding: means flooding occurring on the surface of an alluvial fan or
similar landform which originates at the apex and is characterized by high velocity flows; active
processes of erosion, sediment transport and deposition; and unpredictable flow paths.
Anchored means adequately secured to prevent flotation, collapse, or lateral movement.
Apex means a point on an alluvial fan or similar landform below which the flow path of
the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
Appeal means a request for review of the floodplain administrator's interpretation of any
section of this article.
Appurtenant structure means an accessory structure, which is on the same parcel of
property as the principal structure to be insured and the use of which is incidental to the use of
the principal structure that is no larger than 500 square feet and constructed below the base flood
elevation. Examples of appurtenant structures include detached garages, sheds and storage
buildings.
Area of shallow flooding means a designated AO, AH, AR/AO, AR/AH or VO zone on
the community's flood insurance rate map (FIRM) with a one - percent (1 %) chance or greater
annual 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.
Base flood means the flood having a one - percent (1 %) chance of being equaled or
exceeded in any given year.
Base flood elevation or BFE means the elevation of surface water resulting from a flood
that has a one - percent (1%) chance of equaling or exceeding that level in any given year. The
BFE is shown on the flood insurance rate map for zones AE, AH, Al A30, AR, AR/A, AR/AE,
AR/A1- A30, AR/AH, AR/AO, V1 V30, and VE.
Base flood depth (BFD) means the depth shown on the flood insurance rate map for zone
AO that indicates the depth of water above highest adjacent grade resulting from a flood that has
a one - percent (M) chance of equaling or exceeding that level in any given year.
Basement means any area of a building having its floor subgrade (below ground level) on
all sides.
Binder means a temporary agreement between company, agent/producer, and insured
that the policy is in effect. The NFIP does not recognize binders. However, for informational
purposes only, the NFIP recognizes Certificates of Insurance and similar forms for renewal
policies.
Breakaway wall means a wall that is not part of the structural support of a building and is
intended through its design and construction to collapse under specific lateral loading forces,
without causing damage to the elevated portion of the building or supporting foundation system.
Coastal AE zone means the area subject to inundation by the one - percent annual- chance
flood event that is also within the area of limited to moderate wave action as shown on the
community's FIRM.
Coastal high hazard area means an area of special flood hazard areas along the coasts
that have additional hazards due to wind and wave action. These areas are identified on flood
insurance rate maps as zones V, VI V30, and VE.
Community means a political entity that has the authority to adopt and enforce floodplain
regulations for the area under its jurisdiction.
Community rating system or CRS means a program developed by FEMA to provide
incentives for those communities in the regular program that have gone beyond the minimum
floodplain management requirements to develop extra measures to provide protection from
flooding.
Countywide map means a flood insurance rate map that shows flooding information for
the entire geographic area of a county, including the incorporated communities within the
county.
Crawlspace means an under -floor space that has its interior floor area (finished or not)
no more than five feet (5') below the top of the next - higher floor. Crawlspaces generally have
solid foundation walls.
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 man-made change in improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials.
Development permit means a permit obtained to improve a property or a structure within
the City's jurisdiction.
Elevated building means a building that has no basement and that has its lowest elevated
floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or
columns.
Emergency program means the initial phase of a community's participation in the NFIP.
During this phase, only limited amounts of insurance are available under the Act.
Enclosure means that portion of an elevated building below the lowest elevated floor that
is either partially or fully shut in by rigid walls.
Erosion means the collapse, undermining, or subsidence of land along the shore of a lake
or other body of water. Erosion is a covered peril if it is caused by waves or currents of water
exceeding their cyclical levels which result in flooding.
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.
Federal Emergency Management Agency (FEW) means the federal agency under which
the NFIP is administered. In March 2003, FEMA became part of the newly created U.S.
Department of Homeland Security.
Flood means a general and temporary condition of partial or complete inundation of two
(2) or more acres of normally dry land area or of two (2) or more properties at least one (1) of
which is the policyholder's property, from:
(1) overflow of inland or tidal waters;
(2) unusual and rapid accumulation or runoff of surface waters from any source;
(3) mudflow; or
(4) collapse or subsidence of land along the shore of a lake or similar body of water
as a result of erosion or undermining caused by waves or currents of water
exceeding anticipated cyclical levels that result in a flood as defined above.
Flood insurance rate map or FIRM means the official map of a community on which
FEMA has delineated the special flood hazard areas, the base flood elevations, and the risk
premium zones applicable to the community.
Flood insurance study means the official report provided by the FEMA containing flood
profiles, the water surface elevation of the base flood, as well as the flood boundary - floodway
map.
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 a special flood
hazard and the extent of the depths of associated flooding. Such a system typically includes
hurricane tidal barriers, dams, reservoirs, levees or dikes. These special flood - modifying works
are those constructed in conformance with sound engineering standards.
Floodplain means any land area susceptible to being inundated by floodwaters from any
source.
Floodplain management means the operation of an overall program of corrective and
preventive measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and floodplain management regulations.
Floodplain management regulations: means zoning ordinances; subdivision regulations;
building codes; health regulations; special purpose ordinances, such as a floodplain ordinance,
grading ordinance and erosion control ordinance; and other applications of police power. The
term describes such state or local regulations, in any combination thereof, which provide
standards for the purpose of flood damage prevention and reduction.
Flood proofing means any combination of structural and nonstructural 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.
Floodway or regulatory floodway means the channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated height.
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Freeboard means an additional amount of height above the base flood elevation used as a
factor of safety (e.g., two feet (2') above the base flood) in determining the level at which a
building's lowest floor must be elevated or flood - proofed to be in accordance with state or
community floodplain management regulations.
Functionally dependent use: means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes only docking
facilities, port facilities that are necessary for the loading and unloading of cargo or passengers
and shipbuilding and ship repair facilities, but does not include long -term storage or related
manufacturing facilities.
Grade elevation means the lowest or highest finished ground level that is immediately
adjacent to the walls of the building. For zone AO and zone A (without BFE), the grade
elevation shall be determined by using natural (pre- construction), ground level.
Historic building: means any building that is:
(1) Listed individually in the National Register of Historic Places (a listing
maintained by the Department of the Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on the
National Register; or
(2) Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary of the Interior to qualify as a
registered historic district; or
(3) Individually listed on a state inventory of historic places in states with historic
preservation programs that have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the
Interior; or
b. Directly by the Secretary of the Interior in states without approved
programs.
Letter of map amendment or LOMA means an amendment to the currently effective
FEMA map which establishes that a property is not located in a special flood hazard area. A
LOMA is issued only by FEMA.
Letter of map revision or LOMR means an official amendment to the currently effective
FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations.
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 and associated
structures, such as closure and drainage devices, which are constructed and operated in
accordance with sound engineering practices.
Lowest floor means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood - resistant enclosure, usable solely for parking of vehicles, building access or
storage, in an area other than a basement area, is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure in violation of the
applicable non - elevation design requirement of section 60.3 of the National Flood Insurance
Program regulations.
:Manufactured (mobile) home means a structure built on a permanent chassis, transported
to its site in one (1) or more sections, and affixed to a permanent foundation. "Manufactured
(mobile) home" does not include a recreational vehicle.
Map revision means a change in the flood hazard boundary map or flood insurance rate
map for a community which reflects revised zone, base flood, or other information.
Mean sea level means for purposes of the national flood insurance program, the National
American Vertical Datum or other datum to which base flood elevations shown on a
community's flood insurance rate map are referenced.
National flood insurance program or NFIP means the program of flood insurance
coverage and floodplain management administered under the Act and applicable federal
regulations promulgated in Title 44 of the Code of Federal Regulations, Subchapter B.
Natural grade means the grade unaffected by construction techniques such as fill,
landscaping, or berming.
New construction means buildings for which the "start of construction" commenced on or
after the effective date of an initial flood insurance rate map or after December 31, 1974,
whichever is later, including any subsequent improvements.
North American Vertical Datum or NA VD means the vertical control datum established
for vertical control surveying in the United States of America based upon the General
Adjustment of the North American Datum of 1988.
Non - residential building means a commercial or non - habitational building, or a mixed -
use building that does not qualify as a residential building. This category includes, but is not
limited to, small businesses, churches, schools, farm buildings (including grain bins and silos),
garages, pool- houses, clubhouses, recreational buildings, mercantile buildings, agricultural and
industrial buildings, warehouses, nursing homes, licensed bed - and - breakfasts, and hotels and
motels with normal room rentals for less than 6 months.
Otherwise protected areas or OPAs means areas established under federal, state, or local
law, or held by a qualified organization, primarily for wildlife refuge, sanctuary, recreational, or
natural resource conservation purposes.
Out -as -shown determination means an alternative outcome of the FEMA letter of map
amendment review process stating that a specific property is located outside the special flood
hazard area as indicated on the flood hazard boundary map or flood insurance rate map.
Participating community means a community for which FEMA has authorized the sale of
flood insurance under the NFIP.
Ponding hazard means a flood hazard that occurs in flat areas when there are depressions
in the ground that collect "ponds" of water. The ponding hazard is represented by the zone
designation AH on the Flood Insurance Rate Map (FIRM).
Post -FIRM building means a building for which construction or substantial improvement
occurred after December 31, 1974, or on or after the effective date of an initial flood insurance
rate map, whichever is later.
Pre -FIRM building means a building for which construction or substantial improvement
occurred on or before December 31, 1974, or before the effective date of an initial flood
insurance rate map.
Principally above ground building means a building that has at least fifty -one percent
(51 %) of its actual cash value, including machinery and equipment, above ground.
Probation means a FEMA- imposed change in a community's status resulting from
violations and deficiencies in the administration and enforcement of NFIP local floodplain
management regulations.
Proper openings means enclosures (applicable to zones A, Al A30, AE, AO, AH, AR,
and AR Dual): All enclosures below the lowest elevated floor must be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of
floodwaters. A minimum of two (2) openings, with positioning on at least two (2) walls, having a
total net area of not less than 1 square inch for every square foot of enclosed area subject to
flooding must be provided. The bottom of all openings must be no higher than one foot (1')
above the higher of the exterior or interior grade (adjacent) or floor immediately below the
openings.
Recreational vehicle: A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet (400 ftz) or less when measured at the largest horizontal
projection;
(3) Designed to be self - propelled or permanently towable by a light -duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel or seasonal use.
Regular program means the final phase of a community's participation in the NFIP. In
this phase, a flood insurance rate map is in effect and full limits of coverage are available under
the Act.
Repetitive loss structure means a building covered by a contract for flood insurance that
has incurred flood - related damages on two (2) occasions during a ten (10) year period ending on
the date of the event for which a second claim is made, in which the cost of repairing the flood
damage, on the average, equaled or exceeded twenty -five percent (25 %) of the market value of
the building at the time of each such flood event.
Section 1316 means section of the National Flood Insurance Act of 1968, as amended,
which states that no new flood insurance coverage shall be provided for any property that FEMA
finds has been declared by a duly constituted state or local zoning authority or other authorized
public body to be in violation of state or local laws, regulations, or ordinances that are intended
to discourage or otherwise restrict land development or occupancy in flood -prone areas.
Severe repetitive loss property or SRL property means a residential property that is
covered under an NFIP flood insurance policy and:
(1) That has at least four (4) NFIP claim payments (including building and contents)
over $5,000 each, and the cumulative amount of such claims payments exceeds
$20,000; or
(2) For which at least two (2) separate claims payments (building payments only) have
been made with the cumulative amount of the building portion of such claims
exceeding the market value of the building.
For both (1) and (2) above, at least two of the referenced claims must have occurred within any
ten -year period, and must be greater than ten (10) days apart.
Shear walls means walls used for structural support but not structurally joined or
enclosed at the ends (except by breakaway walls). Shear walls are parallel, or nearly parallel, to
the flow of the water and can be used in any flood zone.
Sheet flow hazard means type of flood hazard with flooding depths of one foot (1') to
three feet (3') that occurs in areas of sloping land. The sheet flow hazard is represented by the
zone designation AO on the FIRM.
Solid (perimeter) foundation walls means walls that are used as a means of elevating a
building in A zones and that must contain sufficient openings to allow for the unimpeded flow of
floodwaters more than one foot (1') deep.
Special flood hazard area or SFFIA means an area having special flood, mudflow, or
flood - related erosion hazards, and shown on a Flood Hazard Boundary Map (FHBM) or Flood
Insurance Rate Map (FIRM) as zone A, AO, Al -A30, AE, A99, AH, AR, AR/A, AR/AE,
AR/AH, AR/AO, AR/A1 -A30, V1- V30, VE, or V. For the purpose of determining community
rating system premium discounts, all AR and A99 zones are treated as non- SFHAs.
Start of construction means for other than new construction or substantial improvements
under the Coastal Barrier Resources Act, the date when the building permit was issued, provided
that the actual start of construction, repair, rehabilitation, addition, placement, or other
improvement was within 180 days of the permit date. The actual start of construction means
either the first placement of permanent construction of a building on site, such as the pouring of a
slab or footing, the installation of piles, the construction of columns, or any work beyond the
stage of excavation; or the placement of a manufactured (mobile) home on a foundation. For a
substantial improvement, actual start of construction means the first alteration of any wall,
ceiling, floor, or other structural part of a building, whether or not that alteration affects the
external dimensions of the building.
Structure or building means a walled and roofed building, including a gas or liquid
storage tank, that is principally aboveground, as well as a manufactured home.
Substantial damage means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before - damaged condition would equal or exceed fifty
percent (50 %) of the market value of the structure before the damage occurred.
Substantial improvement means any reconstruction, rehabilitation, addition, or other
improvement of a building, the cost of which equals or exceeds fifty percent (50 %) of the market
value of the building before the "start of construction" of the improvement. The term includes
buildings that have incurred "substantial damage," regardless of the actual repair work
performed. The term does not, however, include either any project for improvement of a building
to correct existing state or local code violations or any alteration to a "historic building,"
provided that the alteration will not preclude the building's continued designation as a "historic
building."
Suspension means FEMA's removal of an NFIP participating community from the NFIP
because the community has not enacted and/or enforced the proper floodplain management
regulations required for participation.
Unfinished area means an enclosed area that is used only for the parking of vehicles,
building access, or storage purposes and that does not meet the definition of a finished
(habitable) area. Drywall used for fire protection is permitted in unfinished areas.
Variance means a grant of relief by a participating community from the terms of its
floodplain management regulations.
Violation means the failure of a structure or other development to be fully compliant with
the community's floodplain management regulations.
Wave height adjustment means a measurement that is added to the base flood elevation
for V zones shown on the flood insurance rate map published prior to 1981. For coastal
communities, the BFE shown on FIRMS published prior to 1981 are still water elevations, which
include only the effects of tide and storm surge, and not the height of wind - generated waves.
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Sec. 110 -27. Statutory authorization.
In V.T.C.A., Water Code § 16.315, the state legislature has delegated the responsibility to
local governmental units to adopt regulations designed to minimize flood losses. Therefore, in
response thereto, the city has adopted this article.
Sec. 110 -28. Findings of fact.
(a) The 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.
(b) These flood losses are created by the cumulative effect of obstructions in floodplains,
which cause an increase in flood heights and velocities, and by the occupancy of flood
hazard areas by uses vulnerable to floods and hazardous to other lands because they are
inadequately elevated, flood - proofed or otherwise protected from flood damage.
Sec. 110 -29. Statement of purpose.
It is the purpose of this article to promote the public health, safety and general welfare
and to minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and development
of flood -prone areas in such manner as to minimize future flood blight areas; and
(7) Ensure that potential buyers are notified that property is in a flood area.
Sec. 110 -30. Methods of reducing flood losses.
In order to accomplish its purposes, this article uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in the
times of flood or that 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; and
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands.
Sec. 110 -31. Lands to which article applies.
This article shall apply to all special flood hazard areas within the jurisdiction of the city.
Sec. 110 -32. Basis for establishing the special flood hazard area.
The special flood hazard area as identified by the FEMA in the scientific and engineering
reports entitled, "The Flood Insurance Study for Harris County, Texas" effective June 18, 2007,
including any FEMA- issued preliminary maps, 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 city clerk. In any dispute regarding the maps, the original map
maintained by the city clerk shall control.
Sec. 110 -33. 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.
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Sec. 110 -34. Abrogation and greater restrictions.
This article is not intended to repeal, abrogate or impair any existing easements,
covenants or deed restrictions. However, where the requirements of this article and another
ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
Sec. 110 -35. Interpretation.
In the interpretation and application of this article, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the city council; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
Sec. 110 -36. Warning and disclaimer of liability.
The degree of flood protection required by this article is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. On rare occasions
greater floods can and will occur and flood heights may be increased by manmade or natural
causes. This article does not imply that land outside the special flood hazard area 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 officer or employee thereof for any flood damages
that result from reliance on this article or any administrative decision lawfully made under this
article.
DIVISION 2. ADNIINISTRATION
Sec. 110 -66. Designation of floodplain administrator.
The chief building official is appointed the floodplain administrator to administer and
implement this article and other appropriate sections of 44 CFR (National Flood Insurance
Program regulations) pertaining to floodplain management.
Sec. 110 -67. Duties and responsibilities of floodplain administrator.
Duties and responsibilities of the floodplain administrator under this article shall include
but not be limited to the following:
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(1) Maintain and hold open for public inspection all records pertaining to this article;
(2) Review the permit application to determine whether a proposed building site,
including the placement of manufactured homes, will be reasonably safe from
flooding;
(3) Review, approve or deny all applications for development permits required by 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 1334, from which prior approval is required;
(5) Where interpretation is needed as to the exact location of the boundaries of the
special flood hazard areas (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions), the floodplain
administrator shall make the necessary interpretation;
(6) Notify, in riverine situations, adjacent communities and the state department of
water resources or any successor agency thereto prior to any alteration or
relocation of a watercourse and submit evidence of such notification to the
Federal Emergency Management Agency;
(7) Ensure that the flood - carrying capacity within the altered or relocated portion of
any watercourse is maintained;
(8) When base flood elevation data has not been provided in accordance with section
110 -32, the floodplain administrator shall obtain, review and reasonably utilize
any base flood elevation data and floodway data available from a federal, state or
other source, in order to administer division 3 of this article;
(9) When a regulatory floodway has not been designated, the floodplain administrator
must require that no new construction, substantial improvements or other
development, including fill, shall be permitted within zones Al -30 and AE on the
community's FIRM, unless it is demonstrated that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood more
than one foot at any point within the community; and
(10) Under the provisions of 44 CFR 65.12 of the National Flood Insurance Program
(NFIP) regulations, a community may approve certain development in zones A1-
30, AE, AH on the community's FIRM which increases the water surface
elevation of the base flood by more than one foot, provided the community first
applies for a conditional FIRM revision through the Federal Emergency
Management Agency.
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Sec. 110 -68. Development permit required.
A development permit shall be required to ensure conformance with this article.
Sec. 110 -69. Development permit procedures.
(a) Application for a development permit required in section 110 -68 shall be presented to the
floodplain administrator on forms furnished by him and may include, but not be limited
to, plans in duplicate drawn to scale showing the location, dimensions and elevation of
proposed landscape alterations; existing and proposed structures, including the placement
of manufactured homes; and the location of such in relation to the special flood hazard
areas. Additionally, the following is required:
(1) The elevation, in relation to mean sea level, of the lowest floor, including
basement, and components of the mechanical, electrical, plumbing and other
service facilities systems of all new and substantially improved structures;
(2) The elevation, in relation to mean sea level, to which any nonresidential structure
shall be flood - proofed;
(3) A certificate from a registered professional engineer or architect that the
nonresidential flood - proofed structure shall meet the flood - proofing criteria of
subsection 110 - 102(2);
(4) A description of the extent to which any watercourse or natural drainage will be
altered or relocated as a result of the proposed development; and
(5) Maintain a record of all such information in accordance with subsection 110-
67(1).
(b) Approval or denial of a development permit by the floodplain administrator shall be
based on all of the sections 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.
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(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 that area.
Sec. 110 -70. Appeal and variance procedures
(a) Appeals.
(1) The construction board of adjustments and appeals 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; provided the applicable
requisites of subsections 18 -58(b) and (c) are satisfied.
(2) Any person aggrieved by the decision of the construction board of adjustments
and appeals may appeal such decision to the city council in accordance with
sections 18 -59 and 18 -61 of this code.
(3) The floodplain administrator shall maintain a record of all actions involving an
appeal.
(b) Variances.
(1) The city council shall hear and render judgment on requests for variances from
the requirements of this article.
(2) The floodplain administrator shall maintain a record of all actions involving a
variance request and shall report variances to FEMA upon request.
(3) Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the state inventory
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of historic places, without regard to the procedures set forth in the remainder of
this article.
(4) Variances may be issued for new construction and substantial improvements to be
erected on a lot of one -half (' /z) acre or less in size contiguous to and surrounded
by lots with existing structures constructed below the base flood level, providing
the relevant factors in subsection 110 -69(b) have been fully considered. As the lot
size increases beyond one -half (' /z) acre, the technical justification required for
issuing the variance increases.
(5) Upon consideration of the factors noted in subsection (b) of this section and the
intent of this article, the city council may attach such conditions to the granting of
variances as it deems necessary to further the purpose and objectives of this
article as stated in section 110 -29.
(6) Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
(7) Variances may be issued for the repair or rehabilitation of historic structures upon
a determination that the proposed repair or rehabilitation will not preclude the
structure's continued designation as a historic structure and the variance is the
minimum necessary to preserve the historic character and design of the structure.
(8) Prerequisites for granting variances shall be 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:
A showing of 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,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public or conflict with existing local laws or
ordinances.
C. Any applicant to whom a variance is granted shall be given written notice
that the structure will be permitted to be built with the lowest floor
elevation below the base flood elevation, and that the cost of flood
insurance will be commensurate with the increased risk resulting from the
reduced lowest floor elevation.
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(9) Variances may be issued by the city for new construction, for substantial
improvements and for other development necessary for the conduct of a
functionally dependent use provided that:
a. The criteria outlined in in subsection (b) of this section are met; and
b. 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.
DIVISION 3. FLOOD HAZARD REDUCTION
Sec. 110 -101. General standards.
In all special flood hazard areas, the following are required:
(1) All new construction and 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 without a
net gain in the volume of fill material used to elevate the improvement.
(5) All new or substantial improvements shall be constructed with mechanical,
electrical, plumbing and other service facilities that are designed or located so as
to prevent water from entering or accumulating within the components during
conditions of flooding;
(6) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system;
(7) New and replacement sanitary sewer systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharge from the
systems into floodwaters; and
(8) On -site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
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Sec. 110 -102. Specific standards.
A registered professional engineer, architect or public surveyor shall submit a
certification to the floodplain administrator that the standard of this subsection, as proposed in
subsection 110- 69(a)(1), is satisfied. In the special flood hazard areas where base flood elevation
data has been provided as set forth in section 110 -32, subsection 110 -67(8) or subsection 110 -
103(c), the following are required:
(1) Residential construction. New construction and substantial improvement of any
residential structure and any repetitive loss structure shall have the lowest floor,
including basement, and all components of the mechanical electrical, and
plumbing systems and any other service facility elevated to at least twenty -four
inches (24 ") above the base flood elevation. Additionally, plumbing systems shall
be designed and/or located so as to prevent floodwaters from entering or
damaging them. Slab on grade construction shall not be permitted for the new
construction of residential dwellings.
(2) Nonresidential construction. New construction and substantial improvements of
any commercial, industrial, or other nonresidential structure and any repetitive
loss properties 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 twenty -four inches (24 ") above the base flood
elevation 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 twenty -four inches (24 ") above
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 or review
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 flood - proofed, shall be maintained by the floodplain administrator.
(3) Enclosures. New construction and substantial improvements with fully enclosed
areas below the lowest floor that are usable solely for parking of vehicles,
building access or storage in an area other than a basement and which are subject
to flooding shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters. Designs for
meeting this requirement must either be certified by a registered professional
engineer or architect or meet or exceed the following minimum criteria:
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a. A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall
be provided;
b. The bottom of all openings shall be no higher than one foot (1') above
grade; and
C. Openings may be equipped with screens, louvers, valves or other
coverings or devices, provided that they permit the automatic entry and
exit of floodwaters.
(4) Manufactured homes. All manufactured homes placed or substantially improved
within a special flood hazard area on the community's FIRM must be elevated on
a permanent foundation such 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 twenty -
four inches (24 ") above the base flood elevation. 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.
(5) Recreational vehicles. Recreational vehicles placed on sites within a special flood
hazard area on the community's FIRM shall either:
a. Be on the site for fewer than 180 consecutive days;
b. Be fully licensed and ready for highway use;
A recreational vehicle is ready for highway use if it is on its wheels or jacking
system, if it is attached to the site only by quick - disconnect type utilities and
security devices and if it has no permanently attached additions.
(6) Appurtenant structures. Appurtenant structures as defined and located in the
Special Flood Hazard Areas that are enclosed areas below the BFE may be
constructed if the following requirements are met when applicable:
a. It must be anchored to resist flotation, collapse and lateral movement;
b. The structures are constructed of flood - resistant materials to twenty -four
inches (24 ") above the BFE.
C. It must be designed to allow for the automatic entry of flood waters;
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d. Mechanical and utility equipment must be elevated or flood - proofed to
twenty -four inches (24 ") above the BFE;
It must comply with the floodway encroachment provisions of the NF1P
Regulations and
f. Its use must be limited to building access, parking and/or limited storage.
(7) Severe repetitive loss structures. Structures on severe repetitive loss properties
shall not be improved unless such improvements will bring the structure into full
compliance with this article.
Sec. 110 -103. Standards for subdivision proposals.
(a) All subdivision proposals, including the placement of manufactured home parks and
subdivisions, shall be consistent with sections 110 -27 through 110 -30.
(b) All proposals for the development of subdivisions, including the placement of
manufactured home parks and subdivisions, shall meet the development permit
requirements of section 110 -68, section 110 -69 and this division.
(c) Base flood elevation data shall be generated for subdivision proposals and other proposed
development, including the placement of manufactured home parks and subdivisions,
which is greater than fifty (50) lots or five (5) acres, whichever is lesser, if not otherwise
provided pursuant to section 110 -32 or subsection 110- 67(8).
(d) All subdivision proposals, including the placement of manufactured home parks and
subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards.
(e) All subdivision proposals, including the placement of manufactured home parks and
subdivisions, shall have public utilities and facilities such as sewer, gas, electrical and
water systems located and constructed to minimize or eliminate flood damage.
Sec. 110 -104. Standards 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:
(1) All new construction and substantial improvements of residential structures shall
have the lowest floor, including basement, and all components of the electrical
and mechanical systems or any other service facility elevated above the highest
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adjacent grade at least one foot (1') higher than the depth number specified in feet
on the community's FIRM (at least two feet (2') if no depth number is specified).
Additionally, plumbing systems shall be designed and/or located so as to prevent
floodwaters from entering or damaging them.
(2) All new construction and substantial improvements of nonresidential structures
shall:
a. Have the lowest floor, including basement, and all components of the
electrical, and mechanical systems or any other service facility elevated
above the highest adjacent grade at least one foot (1') higher than the
depth number specified in feet on the community's FIRM (at least two feet
(2') if no depth number is specified); or
b. 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 or effects of buoyancy. Additionally, plumbing
systems shall be designed and/or located so as to prevent floodwaters from
entering or damaging them.
(3) A registered professional engineer or architect shall submit a certification to the
floodplain administrator that the standards of this section, as proposed in
subsection 110- 69(1)(a), are satisfied.
(4) Within zones AH and AO, there shall be required adequate drainage paths around
structures on slopes to guide floodwaters around and away from proposed
structures.
Sec. 110 -105. Floodways.
Located within areas of special flood hazard established in section 110 -32 are areas
designated as floodways. Since the floodway is an extremely hazardous area due to the velocity
of floodwaters which carry debris, potential projectiles and erosion potential, the following shall
apply:
(1) Encroachments are prohibited, including fill, new construction, substantial
improvements and other development within the adopted regulatory floodway,
unless it has been demonstrated through hydrologic and hydraulic analysis
performed in accordance with standard engineering practice that the proposed
encroachments shall not result in any increase in flood levels within the
community during the occurrence of the base flood discharge.
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(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 this division.
(3) Under the provisions of 44 CFR 65.12 of the National Flood Insurance Program
regulations, the city may permit encroachments within the adopted regulatory
floodway that would result in an increase in base flood elevations, provided the
city first applies for a conditional FIRM and floodway revision through FEMA.
Sec. 110 -106. 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, in addition to meeting all provisions outlined in this article, the following must also
apply:
(1) Obtain the elevation, in relation to mean sea level, of the bottom of the lowest
structural member of the lowest floor, excluding pilings and columns, of all new
and substantially improved structures, and whether or not such structures contain
a basement. The floodplain administrator shall maintain a record of all such
information;
(2) All new construction shall be located landward of the reach of mean high tide;
(3) All new construction, substantial improvements and any repetitive loss structure
shall be elevated on pilings and columns so that:
(a) The bottom of the lowest horizontal structural member of the lowest floor,
excluding the pilings or columns, is elevated twenty -four inches (24 ")
above the base flood level; and
(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. A registered professional engineer or architect shall
develop or review the structural design, specifications and plans for the
construction and shall certify that the design and methods of construction
to be used are in accordance with accepted standards of practice for
meeting the requirements of subsections (3)a and (3)b of this section;
(4) Provide that all new construction and substantial improvements have the space
below the lowest floor either free of obstruction or constructed with non-
supporting breakaway walls, open wood latticework or insect screening intended
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to collapse under wind and water loads without causing collapse, displacement or
other structural damage to the elevated portion of the building or supporting
foundation system. For purpose of this subsection, a breakaway wall shall have a
design safe loading resistance of not less than ten (10) and no more than twenty
(20) pounds per square foot. Use of breakaway walls which exceed a design safe
loading resistance of twenty (20) pounds per square foot, either by design or when
so required by local or state codes, may be permitted only if a registered
professional engineer or architect certifies that the designs proposed meet the
following conditions:
(a) Breakaway wall collapse shall result from a water load less than that
which would occur during the base flood; and
(b) The elevated portion of the building and supporting foundation system
shall not be subject to collapse, displacement or other structural damage
due to the effects of wind and water loads acting simultaneously on all
building components, structural and nonstructural. Water loading values
used shall be those associated with the base flood. Wind loading values
used shall be those required by applicable state or local building standards.
Such enclosed space shall be usable solely for parking of vehicles,
building access or storage. Such space shall not be used for human
habitation;
(5) The use of fill for structural support of buildings shall be prohibited;
(6) Manmade alteration of sand dunes and mangrove stands which increase potential
flood damage is prohibited;
(7) All manufactured homes placed or substantially improved within zones V1 -30,
V and VE on the community's FIRM must meet the standards of subsections (1)
through (6) of this section and subsection (4) of section 110 -102
(8) All recreational vehicles placed on sites within zones V1 -30, V and VE on the
community's FIRM must:
(a) Be on the site for fewer than 180 consecutive days; and
(b) Be fully licensed and ready for highway use.
A recreational vehicle is ready for highway use if it is on its wheels or a jacking
system, if it is attached to the site only by quick disconnect -type utilities and
security devices, and if it has no permanently attached additions.
(9) Appurtenant structures shall meet the standards of subsection (4) of this section.
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(10) Solid (perimeter) foundations walls are not an acceptable means of elevating
structures in V and VE zones
Sec. 110 -107. Coastal AE zone.
Located within the Special Flood Hazard Area established in section 110 -32 are areas
within the AE flood zone designated for limited to moderate wave action. These areas have
special flood hazards associated with high velocity waters from tidal surges and hurricane wave
wash; therefore, all development must meet the criteria set forth in section 110 -106 and section
110- 102(3).
Section 2: 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 3: 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 4: 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 not exceeding FIVE
HUNDRED AND NO 1100 DOLLARS ($500.00). Each act of violation and each day upon which
any such violation shall occur shall constitute a separate offense. In addition to the penalty
prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive
relief, administrative adjudication and revocation of licenses or permits.
Section 5: This ordinance shall take effect from and after ten (10) days from its passage
by the City Council. 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`�Oaytown at least twice
within ten (10) days after passage of this ordinance. ,
INTRODUCED, READ, and PASSED by the affirmative ve bf the City Council of the City
of Baytown, this the 9`h day of April, 2015. / ot1_
STEPHEN H. DONCARLOS,
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