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Ordinance No. 1,130A ORDINANCE NO. 1130 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 27, SUBDIVISIONS, BY ADDING AN ARTICLE VI, "FLOOD PRONE AREAS ", CONTAINING DEFINITIONS; SPECIFICALLY LISTING REQUIREMENTS FOR CONSTRUCTION IN FLOOD PRONE AREAS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the Code of Ordinances of the City of Baytown, Texas, is hereby amended by amending Chapter 27, Subdi- visions, by adding an Article VI, "Flood Prone Areas ", which shall read as follows, to -wit: ARTICT,R VT. FLOOD PRnNF AREAS. Section 27 -66. Definitions. (a) Flood prone area. The term "flood prone area" shall mean any area which can reasonably be expected to be subject to periodic flooding. (b) 100 -Year flood. The term "100 -year flood" shall mean a flood of such magnitude as may reasonably be expected to be equaled or exceeded on an average of once every 100 years; the term also means that level of flood- ing having one percent (1 %) probability of occurrence each year. Section 27 -67. Flood Prone Area Requirements. (a) Development of flood prone areas is prohibited except as permitted by this ordinance and the Flood Hazard Area Regulations Ordinance. (b) Subdivision of flood prone areas is prohibited where the cost of providing utilities and governmental services would pose an unreasonable economic burden. (c) The location, elevation, and construction of all utilities and facilities, such as sewer, gas, electrical, and water systems and streets shall be in such manner as to minimize or eliminate damage by flooding. (d) Adequate drainage shall be provided as to reduce the community's exposure to flood hazards with respect to adjacent, upstream, and downstream developments. (e) No platted residential lot shall be approved that does not contain a suitable building site of sufficient elevation to permit construction utilizing a first floor elevation above the level of the 100 -year flood. M Section 2: Repealing Clause: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other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: Savings Clause: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or 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: Effective Date: This ordinance shall take effect from and after the date of its passage by the City Council of the City of Baytown, Texas. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, Texas, on this the 7th day of October 1971. C. GLEN WALKER, Mayor ATTEST: EDNA OLIVER, City Clerk APPRnVVD -- 2 --