Ordinance No. 9,582Published in Baytown Sun
Wednesday, July 2, 2003 and
ORDINANCE NO. 9582 Thursday, July 3, 2003
® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 110 "FLOODS," ARTICLE U "FLOOD DAMAGE PREVENTION,"
DIVISION 2 "ADMINISTRATION," SECTION 110 -69 "DEVELOPMENT
PERMIT PROCEDURES," SUBSECTION (A)(1); AND DIVISION 3 "FLOOD
HAZARD REDUCTION," SECTIONS 110 -102 "SPECIFIC STANDARDS,"
AND 110 -104 "STANDARDS FOR AREAS OF SHALLOW FLOODING
(AO /AH ZONES)" TO ENSURE COMPLIANCE WITH THE NATIONAL
FLOOD INSURANCE PROGRAM'S REGULATIONS AND TO RECEIVE
THE COMMUNITY RATING SYSTEM CREDIT; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO 1100
DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND
THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 110 "Floods," Article U "Flood Damage Prevention,"
Division 2 "Administration," Section 110 -69 "Development permit procedures," Subsection
(a)(1) of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 110. FLOODS
ARTICLE II. FLOOD DAMAGE PREVENTION
DIVISION 2. ADMINISTRATION
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 areas of special flood
hazard. Additionally, the following is required:
(1) The elevation, in relation to mean sea level, of the lowest floor, including basement,
and components of the electrical and mechanical systems or any other service facility of
all new and substantially improved structures;
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® Section 2: That Chapter 110 "Floods," Article H "Flood Damage Prevention,"
Division 3 "Flood Hazard Reduction," Section 110 -102 "Specific standards," of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 110. FLOODS
ARTICLE IL FLOOb DAMAGE PREVENTION
DIVISION 3. FLOOD HAZARD REDUCTION
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 all areas of special flood hazards where base flood elevation data has
been provided as set forth in section 110 -32, 110 -67(8) or 110- 103(c), the following are required:
(1) Residential construction. New construction and substantial improvement of any
residential structure shall have the lowest floor, including basement, and all
components of the electrical and mechanical systems and any other service facility
elevated to at least one foot above the base flood elevation. Additionally, plumbing
systems shall be designed and/or located so as to prevent floodwaters from entering or
damaging them.
(2) Nonresidential construction. New construction and substantial improvements of any
commercial, industrial or other nonresidential structure shall either have the lowest
floor, including basement, and all components of the electrical and mechanical systems
and any other service facility elevated to at least one foot 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 one foot 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
floodproofed, 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
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must either be certified by a registered professional engineer or architect or meet or
exceed the following minimum criteria:
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 above grade.
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.
a. All manufactured homes to be placed within zone A on the community's FHBM
or FIRM shall be installed using methods and practices which minimize flood
damage. For the purposes of this subsection, manufactured homes must be
elevated and anchored to resist flotation, collapse or lateral movement. Methods
of anchoring may include but are not limited to use of over -the -top or frame ties
to ground anchors. This requirement is in addition to applicable state and local
anchoring requirements for resisting wind forces.
b. All manufactured homes placed or substantially improved within zones Al -30,
AH and AE on the community's FIRM on sites (i) outside of a manufactured
home park or subdivision, (ii) in a new manufactured home park or subdivision,
(iii) in an expansion to an existing manufactured home park or subdivision, or
(iv) in an existing manufactured home park or subdivision on which a
manufactured home has incurred substantial damage as a result of a flood must be
elevated on a permanent foundation such that the lowest floor of the
manufactured home as well as all components of the electrical and mechanical
systems and any other service facility are elevated to at least one foot above the
base flood elevation. Additionally, plumbing systems shall be designed and/or
located so as to prevent floodwaters from entering or damaging them and the
manufactured home must be securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement.
c. All manufactured homes placed or substantially improved on sites in an existing
manufactured home park or subdivision within zones Al -30, AB and AE on the
community's FIRM that are not subject to subsection (4) of this section must be
elevated so that the lowest floor of the manufactured home as well as all
components of the electrical and mechanical systems and any other service
facility are elevated to at least one foot above the base flood elevation.
Additionally, plumbing systems shall be designed and/or located so as to prevent
floodwaters from entering or damaging them and the manufactured home must be
securely anchored to an adequately anchored foundation system to resist
flotation, collapse and lateral movement.
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(S) Recreational vehicles. Recreational vehicles placed on sites within zones Al -30, AH
and AE 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; or
c. Meet the permit requirements of subsection 110 -69(a) and the elevation and
anchoring requirements for manufactured homes in subsection (4) of this section.
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.
Section 3: That Chapter 110 "Floods," Article H "Flood Damage Prevention,"
Division 3 "Flood Hazard Reduction," Section 110 -104 "Standards for areas of shallow flooding
(AO /AH zones)," of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read
as follows:
CHAPTER 110. FLOODS
ARTICLE II. FLOOD DAMAGE PREVENTION
DIVISION 3. FLOOD HAZARD REDUCTION
Sec. 110 -104. 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 adjacent
grade at least one foot higher than the depth number specified in feet on the
community's FIRM (at least two feet 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
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adjacent grade at least one foot higher than the depth number specified in feet on
the community's FIRM (at least two feet 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(a)(1), 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.
Section 4: 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 5: 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 6: 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 /100 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 7: 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 of Baytown at
least twice within ten (10) days after passage of this ordinance.
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INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 26th day of June, 2003.
ATTEST:
(a4ij - -j "m
G -W- . T , City Cleric
APPROVED AS TO NORM.
ACIO RAMIREZ, SR ity Attorney
,.&
PETE C. ALFARO, M or
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