Ordinance No. 10,617Published in the Baytown Sun
on June 13, 2007 and June 14,
ORDINANCE NO. 10,617 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING ORDINANCE NO. 10,609, PASSED ON MAY 22,2007;
AMENDING CHAPTER 110 "FLOODS," ARTICLE II "FLOOD DAMAGE
PREVENTION," DIVISION 1 "GENERALLY," SECTION 110-27
"STATUTORY AUTHORIZATION" AND SECTION 110-32 "BASIS FOR
ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD"; AND DIVISION
3 "FLOOD HAZARD REDUCTION," SECTION 110-101 "GENERAL
STANDARDS" AND SECTION 110-102 "SPECIFIC STANDARDS" OF THE
CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS; CONTAINING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100
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 Ordinance No. 10,609, passed by the City Council of the City of
Baytown, Texas, on May 22, 2007, is hereby repealed in its entirety.
Section 2: That Chapter 110 "Floods," Article II "Flood Damage Prevention,"
Division 1 "Generally," Section 110-27 "Statutory authorization" 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 1. GENERALLY
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.
Section 3: That Chapter 110 "Floods," Article II "Flood Damage Prevention,"
Division 1 "Generally," Section 110-32 "Basis for establishing areas of special flood hazard" 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 1. GENERALLY
Sec. 110-32. Basis for establishing 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 Harris
County, Texas and Incorporated Areas," dated June 9, 2006, with accompanying flood insurance
rate maps and flood boundary-floodway maps and any revision thereto, are adopted by reference
and declared to be a part of this article.
Section 4: That Chapter 110 "Floods," Article III "Flood Damage Prevention,"
Division 3 "Flood Hazard Reduction," Section 110-101 "General Standards" 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. 110-101. General standards.
In all areas of special flood hazards, 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
ofbuoyancy;
(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 electrical, heating,
ventilation, plumbing and air conditioning equipment 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.
Section 5: That Chapter 110 "Floods," Article III "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 II. FLOOD 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)(l), is satisfied. In all areas of special flood hazards where base flood
elevation data has been provided as set forth in section 110-32, subsection 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 18 inches 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 18 inches
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 18 inches 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 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 18 inches 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, AH
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 18 inches 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.
(5) 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 6: 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 7: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of the 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 effect 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 8: 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 9: 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.
INTRODUCED, READ, AND PASSED by the affirmative/ote of the City Council of
Baytown, this the 7th day of June, 2007.
APPROVED AS TO FORM:
STEPHEN H. DONCARLOS, Mayor
jNACIO RAMIREZ, Sr., Citf Attorney C7
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