Ordinance No. 4,23350822 -2
ORDINANCE= NO. 4233
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, AMENDING CHAPTER 12 1/2, "FLOOD HAZARD AREA
REGULATIONS," TO ADOPT NEW REGULATIONS; REPEALING
INCONSISTENT PROVISIONS; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS, the Legislature of the State of Texas has delegated the
responsibility to local governmental units to adopt regulations designed to minimize
flood losses; and
WHEREAS, the flood hazard areas of Baytown, Texas, 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; and
WHEREAS, these
flood
losses are created by
the cumulative effect of
obstructions in flood plains 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; and
WHEREAS, City Council desires to promote the public health, safety and
general welfare and to minimize public and private losses due to flood conditions in
specific areas by adopting provisions designed to:
(a) Protect human life and health;
(b) Minimize expenditure of public money for costly flood control
projects;
(c) Minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general
public;
(d) Minimize prolonged business interruptions;
(e) Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets and
bridges located in flood plains;
(f) 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
(g) Insure that potential buyers are notified that property is in a flood
area; and
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 12 1/2 of the Code of Ordinances, City of Baytown,
Texas, is hereby amended to read as follows:
SEE EXHIBIT "A"
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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of this ordinance are hereby repealed, provided however, that such repeal shall be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 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: This ordinance shall take effect on November 15, 1985, after its
passage by the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City
Council of the City of Baytown, this the 22nd day of August, 1985.
MMETT 0. HUI T , Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRONG, Cit ttorney
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EXHIBIT "A"
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CHAPTER 12 1/2
FLOOD DAt4N3E PREVENTION REGULATIONS
ARTICLE I
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
SECTION 12 1/2 -1. STATUTORY AUTHORIZATION
The Legislature of the State of Texas has delegated the
responsibility to local governmental units to adopt regulations
designed to minimize flood losses, and in response hereto, the
City of Baytown, Texas, has adopted this chapter.
SECTION 12 1/2 -2. FINDINGS OF FACT
(a) The flood hazard areas of Baytown, Texas, are
subject to periodic inundation which results in
loss of life and property, health and safety
hazards, disruption of con? -nerce 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 flood plains 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.
SECTION 12 1/2 -3. STATEMENT OF PURPOSE
It is the purpose of this chapter 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:
(a) Protect human life and health;
(b) Minimize expenditure of public money for costly
flood control projects;
(c) Minimize the need for rescue and relief efforts
associated with flooding and generally undertaken
at the expense of the general public;
(d) Minimize prolonged business interruptions;
(e) Minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone
and sewer lines, streets and bridges located in
flood plains;
(f) 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
(g) Insure that potential buyers are notified that
property is in a flood area.
SECTION 12 1/2 -4. METI -DDS OF REOUCING FLOOD LOSSES
In order to accomplish its purposes, this chapter uses the
following methods:
(a) 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;
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(b) Require that uses vulnerable to floods, including
facilities which serve such uses, be protected
against flood damage at the time of initial
construction;
(c} Control the alteration of natural flood plains,
stream channels, and natural protective barriers,
which are involved in the accommodation of flood
waters;
(d) Control filling, grading, dredging and other
development which may increase flood damage;
(e} Prevent or regulate the construction of flood
barriers which will unnaturally divert flood
waters or which may increase flood hazards to
other lands.
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ARTICLE II
DEFINITIONS
Unless specifically defined below, words or phrases used in this
chapter shall be interpreted to give them the meaning they have
in common usage and to give this chapter its most reasonable
application.
(a) APPEAL - means a request of a review of the Flood
Plain Administrator's interpretation of any
provision of this chapter or a request for a
variance.
(b) AREA OF SHALLOW FLOODING - means a designated AD,
AH, or VO Zone on a community's Floor Insurance
Rate Map (FIRM) with a one percent chance or
greater annual chance of flooding to an average
depth of one to three 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.
(c) AREA OF SPECIAL FLOOD HAZARD - the land in the
flood plain within a community subject to a one
percent or greater chance of flooding in any given
year. The area may be designated as Zone A on the
FHBM. After detailed ratemaking has been completed
in preparation for publication of the FIRM, Zone A
usually is refined into Zones A, AO, AH, Al -99, VO
or V1 -30.
(d) BASE FLOOD - means the flood having a one percent
chance of being equaled or exceeded in any given
year.
(e) BREAKAWAY WALLS - means any type of walls,
whether solid or lattice, and whether constructed
of concrete, masonry, wood, metal, plastic, or any
other suitable building material which are not
part of the structural support of the building and
which are so designed to breakaway under abnormal
riverine velocities, or high tides and wave
action, if applicable, without damage to the
structural integrity of the building on which they
are used or any buildings to which they might be
carried by flood waters.
(f) COASTAL HIGH HAZARD AREA - means the area subject
to high velocity waters, including but not limited
to hurricane wave wash or tsunamis. The area is
designated on a FIRM as Zone V1 -30.
(g) 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.
(h) EXISTING MOBILE HOME PARK OR MOBILE HOME
SUBDIVISION - rneans a parcel (or contiguous
parcels) of land divided into two or more mobile
home lots for rent or sale for which the
construction of facilities for servicing the lot
on which the mobile home is to be affixed
(including, at a minimum, the installation of
utilities, either final site grading or the
pouring of concrete pads, and the construction of
streets) is completed before the effective date of
adoption of flood plain management regulations.
(i) EXPANSION TO AN EXISTING MOBILE HOME PARK OR
MOBILE HOME SUBDIVISION - means the preparation of
additional sites by the construction of facilities
for servicing the lots on which the mobile homes
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50$22 -2f
are to be affixed (including the installation of
utilities, either final site grading or pouring of
concrete pads, or the construction of streets).
(j) FLOOD OR FLOODING - means a general and temporary
condition of partial or complete inundation of
normally dry land areas from;
(1) the overflow of inland or tidal waters.
(2) the unusual and rapid accumulation or runoff
of surface waters from any source.
(k) FLOOD INSURANCE RATE MAP (FIRM) - means an
official map of a community, on which the Federal
Emergency Management Agency has delineated both
the areas of special flood hazards and the risk
premium zones applicable to the community.
(1) FLOOD INSURANCE STUDY - the official report
provided by the Federal Emergency Management
Agency. The report contains flood profiles, the
water surface elevation of the base flood, as well
as the Flood Boundary- Floodway Map.
(m) F LOODDWAY ( REGULATORY F LOODWAY) - means the c h a n n e l
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
one foot.
(n) HABITABLE FLOOR - means any floor usable for
living purposes, which includes working, sleeping,
eating, cooking or recreation, or a combination
thereof. A floor used for storage purposes only
is not a "habitable floor."
(o) HIGHEST ADJACENT GRADE - means the highest natural
elevation of the ground surface prior to
construction next to the proposed walls of a
structure.
(p) MOBILE HOME - means a structure, transportable in
one or more sections, which is built on a
permanent chassis and designed to be used with or
without a permanent foundation when connected to
the required utilities. It does not include
recreational vehicles or travel trailers.
(q) NEW MOBILE HONE PARK OR NDBILE HONE SUBDIVISION -
means a parcel (or contiguous parcels) of land
divided into two or more mobile home lots for rent
or sale for which the construction of facilities
for servicing the lot on which the mobile home is
to be affixed (including, at a minimum, the
installation of utilities, either final site
grading or the pouring of concrete pads, and the
construction of streets) is completed on or after
the effective date of this chapter.
(r) NGVD - the National Geodetic Vertical Datum which
is the standard plain of reference for
elevations.
(s) SAND DUNES - means naturally occurring accumu-
lations of sand in ridges or mounds landward of a
beach.
(t) START OF CONSTRUCTION - means the first pIacement
of permanent construction of a structure (other
than a mobile home) on a site, such as the pouring
of slabs or footings or any work beyond the stage
of excavation. Permanent construction does not
include land preparation, such as clearing,
grading, and filling; nor does it include the
installation of streets and /or walkways; nor does
it include excavation for a basement, footings,
piers or foundations or the erection of temporary
forms; nor does it include the installation of the
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property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not as
part of the main structure. Far a structure
(other than a mobile home) without a basement or
poured footings, the "state of construction"
includes the first permanent framing or assemble
of the structure or any part thereof on its piling
or foundation. For mobile homes not within a
mobile home park or mobile home subdivision,
"start of construction" means the affixing of the
mobile home to its permanent site. For mobile
homes within mobile horse parks or mobile home
subdivisions, "start of construction" is the date
on which the construction of facilities for
servicing the site on which the mobile home is to
be affixed (including, at a minimum, the
construction of streets, either final site grading
or the pouring of concrete pads, the installation
of utilities) is completed.
(u) STRUCTURE - means a walled and roofed building,
including a gas or liquid storage tank, that is
principally above ground, as well as a mobile
home.
(v) SUBSTANTIAL IMPROVEMENT - means any repair,
reconstruction, or improvement of a structure, the
cost of which equals or exceeds 50% of the market
value of the structure either, ( 1 ) before the
improvement or repair is started, or (2) if the
structure has been damaged and is being restored,
before the damage occurred. For the purposes of
this definition "substantial improvement" is
considered to occur when the first alteration of
any wall, ceiling, floor, or other structural part
of the building commences, whether nor not that
alteration affects the external dimensions of the
structure. The term does not, however, include
either (1) 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 assure safe living
conditions, or (2) any alteration of a structure
listed on the National Register of Historic Places
or a State Inventory of Historic Places. In
determining whether the repair, reconstruction, or
improvement of any structure is a substantial
improvement, the fair market value of the required
materials, services, and labor, performed in a
workmanlike manner, necessary to repair
reconstruct or improve the entire structure shall
be used.
(w) VALIANCE- a grant of relief to a person from the
requirements of this chapter when specific
enforcement would result in unnecessary hardship.
A variance, therefore, permits construction or
development in a manner otherwise prohibited by
this chapter.
W,
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ARTICLE III
GENERAL PROVISIONS
SECTION 12 1/2-10. LANDS TO W-i I CH TH I S CHAPTER APPLIES
This chapter shall apply to all areas of special flood hazard
with the jurisdiction of City of Baytown, Texas.
SECTION 12 112 -11. BASIS FOR ESTABLISHINS THE AREAS OF SPECIAL
FLOOD HAZARD
The areas of special flood hazard identified by the Federal
Emergency Management Agency in a scientific and engineering
report entitled, "The Flood Insurance Study for City of Baytown,
Texas, dated November 15, 1985, with accompanying Flood
Insurance Rate Maps and Flood Boundary- Floodway Maps and any
revision thereto are hereby adopted by reference and declared to
be a part of this chapter.
SECT ION 12 1/2-12. E STABL I SF fivENT OF DEVELOPMENT PERMIT
A Development Permit shall be required to ensure conformance with
the provisions of this chapter.
SECTION 12 1/2 -13. COMPLIANCE
No structure or land shall hereafter be located, altered, or have
its use changed without full compliance with the terms of this
chapter and other applicable regulations.
SECTION 12 1/2-14. A A)CIAT ION AND GREATER RESTRICTIONS
This chapter is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However,
where the requirements of this chapter and another requirement,
conflict, or overlap, whichever imposes the more stringent
restrictions shall prevail.
SECTION 12 1/2 -15. INTERPRETATION
In the interpretation and application of this chapter, all
provisions shall be: (1) considered as minimum requirements;
(2) liberally construed in favor of the governing body; and (3)
deemed neither to limit nor repeal any other powers granted under
State statutes.
SECTION 12 1/2 -16. WARNII,,U AND DISCLAIMER OR LIABILITY.
The degree of flood protection required by this chapter is
considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. On rare occasions
greater floods can and will occur and flood heights may be
increased by man -made or natural causes. This chapter 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 chapter shall not create liability on the
part of Baytown, Texas, or any officer or employee thereof for
any flood damages that result from reliance on this chapter or
any administrative decision lawfully made thereunder.
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ARTICLE IV
ADMINISTRATION
SECTION 12 1/2 -20. DESIGNATION OF THE FLOOD PLAIN ADMINISTRATOR
The Chief Building Official is hereby appointed the Flood Plain
Administrator to administer and implement the provisions of this
chapter.
SECTION 12 1/2 -21. DUTIES AND
PLAIN ADMINISTRATOR
Duties and responsibilities of
shall include, but not be limited
RESPONSIBILITIES OF THE FLOOD
the Flood Plain Administrator
to, the following:
(a) Maintain and hold open for public inspection all
records pertaining to the provisions of this
chapter.
(b) Review, approve or deny all applications for
development permits required by this chapter.
(c) Review permits for proposed development to assure
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
U.S.C. 1334) from which prior approval is
required.
(d) Where interpretation is needed as to the exact
location of the boundaries of the areas of special
flood hazards (for example, where there appears to
be a conflict between a mapped boundary and actual
field conditions) the Flood Plain Administrator
shall make the necessary interpretation.
(e) Notify adjacent communities and the Texas
Department of Water Resources prior to any
alteration or relocation of a watercourse, and
submit evidence of such notification to the
Federal Emergency Management Agency.
(f) Assure that maintenance is provided within the
altered or relocated portion of said watercourse
so that the flood carrying capacity is not
diminished.
(g) When base flood elevation data has not been
provided in accordance with Article III, Section
12 1/2 -11, the Flood Plain Administrator shall
obtain, review and reasonably utilize any base
flood elevation data available from a Federal,
State or other source, in order to administer the
provisions of Article V.
SECTION 12 1/2-22. PERMI T PROCEDLRE S
(a) Application for a Development Permit shall be
presented to the Flood Plain Administrator on
forms furnished by him /her 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, and the location
of the foregoing in relation to areas of special
flood hazard. Additionally, the following
information is required:
(1) Elevation in relation to NGVD, of the lowest
floor (including basement) of all proposed
structures;
(2) Elevation in relation to NGVD to which any
nonresidential structure shall be
floodproofed;
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(3) A certificate from a registered professional
engineer or architect that the nonresidential
floodproofed structure shall meet the
floodproofing criteria of Article V, Section
12 1/2 31(b);
(4) Description of the extent to which any
watercourse or natural drainage will be
altered or relocated as a result of proposed
development.
(b) Approval or denial of a Development Permit by the
Flood Plain Administrator shall be based on all of
the provisions of this chapter 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 computability 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
flood waters and the effects of wave action,
if applicable, expected at the site;
(S) 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.
SECTION 12 1/2-23. VARIANCE PROCEDURES
(a) The City Council of the City of Baytown shall hear
and render judgment on requests for variances from
the requirements of this chapter.
(b) The City Council shall hear and render judgment on
an appeal only when it is alleged there there is
an error in any requirement, decision, or
determination made by the Flood Plain
Administrator in the enforcement or administration
of this chapter.
(c) Any person or persons aggrieved by the decision of
the City Council may appeal such decision in the
courts of competent jurisdiction.
(d) The Flood Plain Administrator shall maintain a
record of all actions involving an appeal and
shall report variances to the Federal Emergency
Management Agency upon request.
(e) Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed
on the National Register of Historic Places or the
State Inventory of Historic Places, without regard
to the procedures set forth in the remainder of
this chapter.
(f) Generally, variances may be issued for new
construction and substantial improvements to be
erected on a lot of one -half acre or less in size
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(g)
( h )
( i )
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contiguous to and surrounded by lots with existing
structures constructed below the base flood level,
providing the relevant factors in Section 12
1/Z -22(b) of this Article have been fully
considered. As the lot size increases beyond the
one -half acre, the technical justification
required for issuing the variance increases.
Upon consideration of the factors noted above and
the intent of this chapter, the City Council may
attach such conditions to the granting of
variances as it deems necessary to further the
purpose and objectives of this chapter (Article I,
Section 12 1/2 -3).
Variances shall not be issued within any
designated floodway if any increase in flood
I e v e I s during the base flood discharge would
result.
Prerequisites for granting variances:
(1) Variances shall only be issued upon a
determination that the variance is the
minimum necessary, considering the flood
hazard, to afford relief.
(2) Variances shall only be issued upon (i) a
showing of good and sufficient cause, (ii) a
determination that failure to grant the
variance would result in exceptional hardship
to the applicant, and (iii) 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.
(3) Any application 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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ARTICLE V
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION 12 1/2 -30. GENERAL STANDARDS
In all areas of special flood hazards the following provisions
are required:
(a) All new construction and substantial improvements
shall be anchored to prevent flotation, collapse
or lateral movement of the structure;
(b) All new construction or substantial improvements
shall be constructed by methods and practices that
minimize flood damage;
(c) All new construction or substantial improvements
shall be constructed with materials and utility
equipment resistant to flood damage;
(d) Existing uses that do not meet minimum standards
of this chapter may be mad ified, altered, or
repaired to incorporate floodproofing measure, but
shall not be expanded, nor shall any substantial
improvement be made to such use. If such use is
discontinued for a period of more than one year,
any subsequent use shall conform.
(e) All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration
of flood waters into the system;
(f) New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration
of flood waters into the system and discharge from
the systems into flood waters; and,
(g) On -site waste disposal systems shall be located to
avoid impairment to them or contamination from
them during flooding.
SECTION 12 1/2 -31. SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation
data has been provided as set forth in this chapter the following
provisions are required:
(a) Residential Construction - new construction and
substantial improvement of any residential
structure shall have the lowest floor, including
basement, elevated to or above the base flood
elevation. A registered professional engineer,
architect, or land surveyor shall submit a
certification to the Flood Plain Administrator
that the standard of this subsection as proposed
in Article IV, Section 12 1/2- 22(a)(1), is
satisfied.
(b) Nonresidential Construction - new construction and
substantial improvement of any comnercial,
industrial or other nonresidential structure shall
either have the lowest floor, including basement,
elevated to the level of the base flood elevation
or, together with attendant utility and sanitary
facilities, be floodproofed so that below the base
flood level the structure is 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 submit a certification to the Flood Plain
Administrator that the standards of this
subsection as proposed in Article IV, Section 12
1/2- 22(a)(3), are satisfied.
(c) Mobile homes as follows:
(1) No mobile home shall be placed in a floodway,
or if applicable, a coastal high hazard area,
except in an existing mobile home park or
existing mobile home subdivision.
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(2) All mobile homes shall be anchored to resist
flotation, collapse, or lateral movement by
providing over - the -top and frame ties to
ground anchors. Specific requirements shall
be:
(i) over - the -top ties at each of the four
corners of the mobile home, with two
additional ties per side at intermediate
locations and mobile homes less than 50
feet long requiring one additional tie
per side;
(ii) frame ties at each corner of the home
with five additional ties per side at
intermediate points and mobile homes
less than 50 feet long requiring four
additional ties per side:
(iii) all components of the anchoring system
be capable of carrying a force of 4,800
pounds;
(iv) any additions to the mobile home be
similarly anchored.
(3) An evacuation plan indicating alternate
vehicular access and escape routes shall be
filed with appropriate Disaster Preparedness
Authorities for mobile home parks and mobile
home subdivisions located within Zone A.
(4) All mobile homes shall be in compliance with
Article V, Section 12 1/2 -31.
(5) For new mobile home parks and subdivision,
for expansions to existing mobile home parks
and subdivisions where the repair,
reconstruction or improvement of the streets,
utilities and pads equal or exceeds 50% of
the value of the streets, utilities and pads
before the repair, reconstruction or
improvement has commenced; and for mobile
homes not placed in a mobile home park or
subdivision, it shall be required that:
(i) stands or lots are elevated on compacted
fill or on pilings so that the lowest
floor of the mobile home will be at or
above the base flood level. A
registered professional engineer,
architect, or land surveyor shall submit
a certification to the Flood Plain
Administrator that the standard of this
paragraph complies with Section 12
1/2 -31(a) of this Article;
(ii) adequate surface drainage and access for
a hauler are provided; and,
(iii) in the instance of elevation on pilings:
( 1 ) lots are large enough to permit
steps, (2) piling foundations are placed
in stable soil no more than ten feet
apart, and (3) reinforcement is provided
for piers more than six feet above the
ground level.
SECTION 12 1/2 -32. STANDARDS FOR SUBDIVISION PROPOSALS
(a) All subdivision proposals shall be consistent with
Article I of this chapter.
(b) All proposals for the development of subdivisions
shall meet Development Permit requirements of
Article 111, Section 12 1/2 -12, Article IV,
Section 12 1/2 -22 and the provisions of Article V
of this chapter.
(c) Base flood elevation data shall be generated for
subdivision proposals and other proposed
development which is greater than 50 lots or 5
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acres, whichever is lesser, if not otherwise
provided pursuant to Article III, Section 12
1/2 -11 or Article IV, Section 12 1/2 -21(g) of this
chapter.
(d) All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood
hazards.
(e) All subdivision proposals shall have public
utilities and facilities such as sewer, gas,
electrical and water systems located and
constructed to minimize flood damage.
SECTION 12 1/2 -33. STANDARDS FOR AREAS OF SHALLOW FLOODING
(AO /AH ZONES)
Located within the areas of special flood hazard established in
Article III, Section 12 1/2 -11 are areas designated as shallow
flooding. These areas have special flood hazards associated with
base flood depths of 1 to 3 feet where a clearly defined channel
does not exist and where the path of flooding is unpredictable
and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow; therefore, the following
provisions shall apply:
(a) All new construction and substantial improvements
of residential structures shall have the lowest
floor (including basement) elevated above the
highest adjacent grade at least as high as the
depth number specified in feet on the community's
FIRM (at least two feet if no depth number is
specified).
(b) All new construction and substantial improvements
of nonresidential structures:
(1) shall have the lowest floor (including
basement) elevated above the highest adjacent
grade at least as high as the depth number
specified in feet on the community's FIPvi(at
least two feet if no depth number is
specified), or;
(2) together with attendant utility and sanitary
facilities shall 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 of effects of buoyancy.
(c) A registered professional engineer or architect
shall submit a certification to the Flood Plain
Administrator that the standards of this Section,
as proposed in Article IV, Section 12
1/2- 22(a)(1), are satisfied.
(d) 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.
SECTION 12 1/2 -34. FLOODWAYS
Located within areas of special flood hazard established in
Article III, Section 12 1/2 -11, are areas designated as
floodways. Since the floodway is an extremely hazardous area due
to the velocity of flood waters which carry debris, potential
projectiles and erosion potential, the following provisions shall
apply;
(a) Encroachments are prohibited, including fill, new
construction, substantial improvements and other
development unless certification by a professional
registered engineer or architect is provided
demonstrating that encroachments shall not result
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in an "adverse effect" on the carrying capacity of
the 100 -year flood plain during the occurrence of
the base flood discharge.
(b) If Article V, Section 12 1/2 -34(a) is satisfied,
all new construction and substantial improvements
shall comply with all applicable flood hazard
reduction provisions of Article V.
(c) The placement of any mobile home, except in an
existing mobile home park or subdivision is
prohibited.
SECTION 12 1/2 -35. COASTAL HIGH HAZARD AREAS
Located within the areas of special flood hazard established in
Article III, Section 12 1/2 -11, are areas designated as Coastal
High Hazard Areas (Zone V) . These areas have special flood
hazards associated with high velocity waters from tidal surges
and hurricane wave wash; therefore, the following provisions
shall apply:
(a) Al buildings or structures shall be located
landward of the reach of the mean high tide.
(b) All buildings or structures shall be elevated so
that the lowest supporting member is located no
lower than the base flood elevation level, with
al space below the lowest supporting member open
so as not to impede the flow of water, except for
breakaway walls as provided for in Section 12
1/2 -35(h) of the Article.
(c) All buildings or structures shall be securely
anchored on pilings or columns.
(d) Pilings or columns used as structural support
shall be designed and anchored so as to withstand
all applied loads of the base flood flow.
(e) Compliance with provisions contained in Sections
(b), (c), (d) immediately above shall be
certified by a registered professional engineer or
architect.
(f) There shall be no fill used as structural support.
(g) There shall be no alteration of sand dunes or
mangrove stands which would increase potential
flood damage.
(h) Breakaway walls shall be allowed below the base
flood elevation provided they are not part of the
structural support of the building and are
designed so as to breakaway, under abnormally high
tides or wave action, without damage to the
structural integrity of the building and anchored
integrity of the building on which they are to be
used.
(i) Prior to construction, plans for any structure
that will have breakaway walls must be submitted
to the f=lood Plain Administrator for approval.
(j) If breakaway walls are utilized, such enclosed
space shall not be used for human habitation.
(k) Any alteration, repair, reconstruction or
improvements to a structure started after the
enactment of this chapter shall not enclose the
space below the lowest floor unless breakaway
walls are used as provided for in this section.
(l) The placement of mobile homes is prohibited,
except in an existing mobile home park or existing
mobile home subdivision.
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