Land Development Code

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 statutes authorizing the National Flood Insurance Program that are incorporated in 42 U.S.C. 4001-4128.

Agency means the Federal Emergency Management Agency.

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 substantial damage estimation or substantial improvement determination by the director.

Appurtenant structure means a 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.

Area of special flood hazard (for purposes of these regulations, this term is synonymous with special flood hazard area or SFHA) means the land in the floodplain 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 flood insurance rate map, zone A usually is refined into zones A, AO, AH, Al-30, AE, A99, AR, AR/A/1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE, or V.

Base flood means the flood having a one-percent chance of being equaled or exceeded in any given year.

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 chance of equaling or exceeding that level in any given year.

Base flood elevation or BFE means the elevation shown on the flood insurance rate map (FIRM) and found in the accompanying flood insurance study (FIS) for zones A, AE, AH, Al- 30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a one-percent chance of equaling or exceeding that level in any given year - also called the base flood.

Basement means any area of a building having its floor subgrade (below ground level) on all sides.

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.

City engineer means the assistant director of public works and engineering who is responsible for managing the activities of the development engineering group.

Coastal high hazard area means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources.

Community means a political entity that has the authority to adopt and enforce floodplain regulations for the area under its jurisdiction.

Community rating system (CRS) is a voluntary incentive program within the National Flood Insurance Program that recognizes and encourages community floodplain management activities that exceed the minimum program standards. Participation in the CRS allows the flood insurance premium rates to be discounted to reflect the reduced flood risk resulting from these floodplain management activities.

Compensatory storage or floodplain mitigation means an artificially excavated, hydraulically equivalent volume of storage within the special or moderate flood hazard area used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the area of flood hazard.

Contents coverage is the insurance on personal property within an enclosed structure, including the cost of debris removal, and the reasonable cost of removal of contents to minimize damage. Personal property may be household goods usual or incidental to residential occupancy, or merchandise, furniture, fixtures, machinery, equipment and supplies usual to other than residential occupancies.

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.

Deductible means the fixed amount or percentage of any loss covered by insurance which is borne by the insured prior to the insurer's liability.

Development means any manmade 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.

Director means the director of public works and engineering.

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 flood insurance program or emergency program means the program as implemented on an emergency basis in accordance with section 1336 of the Act. It is intended as a program to provide a first-layer amount of insurance on all insurable structures before the effective date of the initial FIRM.

Erosion means the process of the gradual wearing away of land masses. This peril is not per se covered under the National Flood Insurance Program.

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.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the placement of concrete pads) is complete before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the placement of concrete pads).

Federal agency means any department, agency, corporation, or other entity or instrumentality of the executive branch of the Federal Government, and includes the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation.

Federal Emergency Management Agency (FEMA) means an agency within the U.S. Department of Homeland Security charged with responding to presidentially-declared disasters and administering the National Flood Insurance Program.

Financial assistance means any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect federal assistance, other than general or special revenue sharing or formula grants made to states.

Financial assistance for acquisition or construction purposes means any form of financial assistance which is intended, in whole or in part, for the acquisition, construction, reconstruction, repair, or improvement of any publicly or privately owned building or mobile home, and for any machinery, equipment, fixtures, and furnishings contained or to be contained therein, and shall include the purchase or subsidization of mortgages or mortgage loans but shall exclude assistance pursuant to the Disaster Relief Act of 1974 other than assistance under such Act in connection with a flood. It includes only financial assistance insurable under the standard flood insurance policy.

First-layer coverage is the maximum amount of structural and contents insurance coverage available under the emergency program.

Five-hundred-year floodplain elevation means the elevation of surface water resulting from a flood that has a 0.2-percent chance of equaling or exceeding that level in any given year. The 500-year floodplain elevation is shown on the flood insurance rate map for zones B and X (shaded).

Flood or flooding means:

(a) 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; and

(3) Mudslides which are proximately caused by flooding as defined in subsection (b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; or

(b) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (a) of this definition.

Flood elevation determination means a determination by the Federal Insurance Administrator of the water surface elevations of the base flood, that is, the flood level that has a one-percent or greater chance of occurrence in any given year.

Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Insurance Administrator, where the boundaries of the flood, mudslide related erosion areas having special hazards have been designated as zones A, M, and/or E.

Flood insurance means the insurance coverage provided under the program.

Flood insurance rate map or FIRM means an official map of a community on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a "Digital Flood Insurance Rate Map" (DFIRM).

Flood insurance study or flood elevation study means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide and/or flood-related erosion hazards.

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, flood plain, or flood-prone area 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.

Floodproofing means any combination of structural and non-structural 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.

Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

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.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure 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 (LOMA) is an official amendment, by letter, to an effective National Flood Insurance Program map. LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain, but is actually on natural high ground above the base flood elevation.

Letter of map revision (LOMR) is FEMA's modification to an effective flood insurance rate map, or flood boundary and floodway map, or both. The LOMR officially revises the flood insurance rate map or flood boundary and floodway map, and sometimes the flood insurance study report. LOMRs are generally based upon the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the special flood hazard area.

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 44 C.F.R. § 60.3.

Manufactured (mobile) home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities. "Manufactured (mobile) home" does not include a recreational vehicle.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Map means the flood hazard boundary map (FHBM) or the flood insurance rate map (FIRM) for a community issued by the agency.

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 Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's FIRM are referenced.

Moderate flood hazard areas are areas between the limits of the base flood and the 0.2-percent-annual-chance (or 500-year) flood. They are shown on flood maps as zones labeled with the letters B or X (shaded).

National Flood Insurance Program (NFJP) means a program that makes federally-backed flood insurance available in those states and communities that agree to adopt and enforce floodplain management ordinances to reduce future flood damage.

Natural grade means areas, or their elevations, in a state that is undisturbed by construction activities.

New construction means for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the placement of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by a community.

Nonresidential 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, barns, 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 six months.

North American Vertical Datum (NAVD88) 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.

Participating community, also known as an eligible community, means a community in which the Federal Insurance Administrator has authorized the sale of flood insurance.

Policy means the standard flood insurance policy.

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.

Premium means the total premium payable by the insured for the coverage or coverages provided under the policy. The calculation of the premium may be based upon either chargeable rates or risk premium rates, or a combination of both.

Principally above ground building means a building that has at least 51 percent of its actual cash value, less land value, above ground.

Program means the National Flood Insurance Program (NFIP) authorized by 42 U.S.C. §4001 through §4128.

Program deficiency means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations or of the standards in 44 C.F.R. Part 60, Subpart A, §§ 60.3, 60.4, 60.5, or 60.6.

Proper openings means enclosures (applicable to zones A, A1-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 openings, with positioning on at least two walls, having a total net area of not less than one 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 above the higher of the exterior or interior grade (adjacent) or floor immediately below the openings.

Recreational vehicle means a vehicle which is:

(1) Built on a single chassis;

(2) Four hundred square feet 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.

Reference feature is the receding edge of a bluff or eroding frontal dune, or if such a feature is not present, the normal high-water line or the seaward line of permanent vegetation if a high-water line cannot be identified.

Regular program means the program authorized by the Act under which risk premium rates are required for the first half of available coverage (also known as first-layer coverage) for all new construction and substantial improvements started on or after the effective date of the FIRM, or after December 31, 1974, for FIRMs effective on or before that date. All buildings, the construction of which started before the effective date of the FIRM, or before January 1, 1975, for FIRMs effective before that date, are eligible for first-layer coverage at either subsidized rates or risk premium rates, whichever are lower. Regardless of date of construction, risk premium rates are always required for the second-layer coverage, and such coverage is offered only after the Federal Insurance Administrator has completed a risk study for the community.

Remedy a violation means to bring the structure or other development into compliance with state or local floodplain management regulations; or, if this is not possible to reduce the impacts of its noncompliance, ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

Repetitive loss structure means an NFIP-insured structure that has had at least two paid flood losses of more than $1,000.00 each in any ten-year period since 1978.

Residential building means a non-commercial building designed for habitation by one or more families or a mixed-use building that qualifies as a single-family, two- to four-family, or other residential building.

Risk premium rate means those rates established by the Federal Insurance Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with section 1307 of the Act and the accepted actuarial principles. Risk premium rates include provisions for operating costs and allowances.

Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Scientifically incorrect means the methodology(ies) and/or assumptions which have been utilized are inappropriate for the physical processes being evaluated or are otherwise erroneous.

Second-layer coverage means an additional limit of coverage equal to the amounts made available under the emergency program, and made available under the regular program.

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 a type of flood hazard with flooding depths of one foot to three feet 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 deep.

Start of construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the station of excavation; or the placement of a manufactured home on a foundation. 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 on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the 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) For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home; and

(b) For insurance purposes:

(1) A building with two or more outside rigid walls and a fully secured roof that is affixed to a permanent site;

(2) A manufactured home; or

(3) A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated by the city's floodplain management and building ordinances, codes or laws.

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 50 percent 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 50 percent 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:

(1) Any project for improvement of a building to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of a "historic building," provided that the alteration will not preclude the building's continued designation as a "historic building."

Technically incorrect means the methodology(ies) utilized has been erroneously applied due to mathematical or measurement error, changed physical conditions, or insufficient quantity or quality of input data.

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 community from the terms of a floodplain management regulation.

Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A building or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 C.F.R. Part 60, Subpart A,§§ 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified) of floods or various magnitudes and frequencies in the flood plains of coastal or riverine areas.

(Code 1967, § 12½-7; Ord. No. 4233, § 1, 8-22-85; Ord. No. 4641, §§ 1, 2, 2-12-87; Ord. No. 5498, §§ 1, 2, 3-22-90; Ord. No. 7831, § 1, 10-24-96; Ord. No. 12,823, § 1, 4-9-15; Ord. No. 14,605, § 9, 12-10-20; Ord. No. 16,490, § 1, 5-28-26)

The Legislature of the State of Texas has in the Flood Control Insurance Act, V.T.C.A., Water Code § 16.315, delegated the responsibility of the local governmental units to adopt regulations designed to minimize flood losses. Therefore, the city council of the city does hereby ordain the regulations in this chapter.

(Code 1967, § 12½-1; Ord. No. 4233, § 1, 8-22-85; Ord. No. 10,609, § 1, 5-22-07; Ord. No. 10,617, § 2, 6-7-07; Ord. No. 14,605, § 9, 12-10-20; Ord. No. 16,490, § 2, 5-28-26)

(a) The moderate and 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, floodproofed or otherwise protected from flood damage.

(Code 1967, § 12½-2; Ord. No. 4233, § 1, 8-22-85; Ord. No. 14,605, § 9, 12-10-20)

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 a manner as to minimize future flood blight areas; and

(7) Ensure that potential buyers are notified that property is in a flood area.

(Code 1967, § 12½-3; Ord. No. 4233, § 1, 8-22-85; Ord. No. 14,605, § 9, 12-10-20)

In order to accomplish its purposes, this chapter 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.

(Code 1967, § 12½-4; Ord. No. 4233, § 1, 8-22-85; Ord. No. 14,605, § 9, 12-10-20)

This article shall apply to all moderate and special flood hazard areas within the jurisdiction of the city.

(Code 1967, § 12½-10; Ord. No. 4233, § 1, 8-22-85; Ord. No. 12,823, § 1, 4-9-15; Ord. No. 14,605, § 9, 12-10-20; Ord. No. 16,490, § 3, 5-28-26)

The moderate and special flood hazard areas as identified by FEMA in the scientific and engineering reports entitled, "The Flood Insurance Study for Harris County, Texas" effective January 6, 2017 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 floodplain administrator. In any dispute regarding the maps, the original map maintained at the office of the floodplain administrator shall control.

(Code 1967, § 12½-11; Ord. No. 4233, § 1, 8-22-85; Ord. No. 7831, § 2, 10-24-96; Ord. No. 10,609, § 2, 5-22-07; Ord. No. 10,617, § 3, 6-7-07; Ord. No. 12,823, § 1, 4-9-15; Ord. No. 14,605, § 9, 12-10-20; Ord. No. 16,490, § 4, 5-28-26)

No structure or land located within an area of moderate or special flood hazard shall be built, constructed, renovated, altered, cleared, filled, excavated or have its use changed without full compliance with the terms of this article and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements shall constitute a misdemeanor, punishable by penalties as provided in section 1-14. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(Code 1967, § 12½-13; Ord. No. 4233, § 1, 8-22-85; Ord. No. 14,605, § 9, 12-10-20)

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.

(Code 1967, § 12½-14; Ord. No. 4233, § 1, 8-22-85; Ord. No. 7831, § 3, 10-24-96; Ord. No. 14,605, § 9, 12-10-20)

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.

(Code 1967, § 12½-15; Ord. No. 4233, § 1, 8-22-85; Ord. No. 14,605, § 9, 12-10-20)

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 moderate and special flood hazard areas 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.

(Code 1967, § 12½-16; Ord. No. 4233, § 1, 8-22-85; Ord. No. 12,823, § 1, 4-9-15; Ord. No. 14,605, § 9, 12-10-20)

The city engineer is appointed the floodplain administrator to administer and implement this article and other appropriate sections of 44 C.F.R. (National Flood Insurance Program regulations) pertaining to floodplain management.

(Code 1967, § 12½-20; Ord. No. 4233, § 1, 8-22-85; Ord. No. 7831, § 4, 10-24-96; Ord. No. 13,487, § 1, 6-8-17; Ord. No. 14,605, § 9, 12-10-20)

Duties and responsibilities of the floodplain administrator under this article shall include, but not be limited to, the following:

(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 U.S.C. § 1334, from which prior approval is required;

(5) Where interpretation is needed as to the exact location of the boundaries of the moderate and 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) Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained;

(8) When base flood elevation or 500-year floodplain 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 A1-30 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;

(10) Under the provisions of 44 C.F.R. § 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;

(11) Assist the Federal Insurance Administrator, upon request, in the delineation of the limits of the areas having special flood, mudslide or flood-related erosion hazards;

(12) Provide, upon request, information concerning present uses and occupancy of the floodplain, mudslide or flood-related erosion areas to the Federal Insurance Administrator; and

(13) Provide written notification to FEMA, upon occurrence, whenever the boundaries of the city have been modified by annexation or the city has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. This notification shall include a reproduceable map that clearly delineates the new corporate limits or new area for which the city has assumed or relinquished floodplain management regulatory authority.

(Code 1967, § 12½-21; Ord. No. 4233, § 1, 8-22-85; Ord. No. 7831, § 5, 10-24-96; Ord. No. 12,823, § 1, 4-9-15; Ord. No. 14,605, § 9, 12-10-20; Ord. No. 14,707, § 1, 4-22-21)

A floodplain development permit shall be required for all proposed development, re-development, or substantial improvement within special or moderate flood hazard areas to ensure conformance with this article. Building and engineering permits with a floodplain review may serve as the floodplain development permit required by this section.

(Code 1967, § 12½-12; Ord. No. 4233, § 1, 8-22-85; Ord. No. 14,605, § 9, 12-10-20; Ord. No. 16,490, § 5, 5-28-26)

(a) Application for a floodplain development permit required in section 110-68 shall be presented to the floodplain administrator on forms furnished by the floodplain administrator and may include, but not be limited to, plans, 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 moderate and special flood hazard areas. Additionally, the following information and submittals are required:

(1) A site plan that shows:

a. A graphic and stated scale and north arrow;

b. The parcel boundaries and the location and names of adjacent streets;

c. All watercourses on or adjacent to the parcel;

d. All floodplain, V-zone, coastal A-zone, and floodway boundaries that run through the parcel;

e. All required buffer or setback lines from shorelines or channel banks;

f. All drainage and utility easements;

g. All areas to be cleared, cut, graded, or filled;

h. The location of all existing and proposed fences, walls, and other structures;

i. The footprint of all existing and proposed buildings and building additions;

j. The elevation of the lowest floor of the building (or addition) and of an attached garage, including the elevation of the interior grade or floor of a crawlspace;

k. The location and elevation of all mechanical and utility equipment servicing the building; and

l. For buildings with solid foundation walls and buildings with enclosures below the base flood elevation, the total area of each enclosed area (in square feet) measured on the outside, the location and specifications of all flood openings, and either the total net open area (in square inches) of flood openings below the base flood elevation, accounting for screens, louvers, faceplates, and grilles.

(2) 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;

(3) The elevation, in relation to mean sea level, to which any nonresidential structure shall be floodproofed;

(4) The certifications required in section 110-102(7); and

(5) A description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of the proposed development.

(b) Approval or denial of a floodplain 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;

(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, 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; and

(10) The relationship of the proposed use to the comprehensive plan and the Unified Land Development Code for that area.

(Code 1967, § 12½-22; Ord. No. 4233, § 1, 8-22-85; Ord. No. 7831, § 6, 10-24-96; Ord. No. 9582, § 1, 6-26-03; Ord. No. 12,823, § 1, 4-9-15; Ord. No. 14,605, § 9, 12-10-20)

(a) The city council shall hear and render judgment on requests for variances from the requirements of this article.

(b) The floodplain administrator shall maintain a record of all variance actions, including justification for their issuance and will report such variances issued in the annual or biennial report submitted to the Federal Insurance Administrator.

(c) 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 article.

(d) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half 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 section 110-69(b) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

(e) Upon consideration of the factors noted in this subsection 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.

(f) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(g) 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.

(h) Prerequisites for granting variances shall be as follows:

(1) Variances shall only be issued after a written request therefor and upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(2) Variances shall only be issued upon:

a. A showing of good and sufficient cause;

b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

c. 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 applicant who applies for a variance from this article shall be given written notice that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and such construction below the base flood level increases risks to life and property.

(i) 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:

(1) The criteria outlined in this subsection are met; and

(2) 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.

(Code 1967, § 12½-23; Ord. No. 4233, § 1, 8-22-85; Ord. No. 7831, § 7, 10-24-96; Ord. No. 12,823, § 1, 4-9-15; Ord. No. 14,605, § 9, 12-10-20)

(a) Determinations.

(1) The floodplain administrator shall make all determinations regarding substantial damage to a structure within the special flood hazard areas. Should the structure be determined to be substantially damaged, that structure shall be required to meet all of the current pertinent requirements of this chapter.

a. The market value of the structure shall be the value determined by the central appraisal district of the appropriate county or by independent appraisal subject to approval by the city engineer.

b. The estimated amount of damage shall be calculated by dividing the estimated cost to repair the structure to its pre-damaged condition by the market value of the structure.

c. If a structure was determined to be damaged less than 50 percent of its pre-damage market value but the actual value of the repairs exceed 50 percent of the pre-damage market value, the structure will fall under the category of substantially improved and will be required to meet all of the current pertinent requirements of this chapter.

(2) The floodplain administrator shall make all determinations regarding substantial improvement to a structure within the special flood hazard areas. If the cumulative value of all improvements for the previous five years is less than 50 percent of the market or tax appraisal value of the existing improvements on the structure, then the improvement is not a substantial improvement. Should the proposed improvements be determined to be a substantial improvement, the existing structure and the proposed improvements to the structure shall be required to come into conformance and/or meet the current pertinent requirements of this chapter.

a. The market value of the structure shall be the value determined by the central appraisal district of the appropriate county.

b. The estimated percentage of improvement shall be calculated by dividing the estimated cost of the improvement by the value of the structure prior to improvement.

(b) Appeals.

(1) An applicant for a floodplain development permit may appeal the determination of substantial damage and/or substantial improvement.

(2) A determination appeal may be based upon the following:

a. The determination was made without sufficient information;

b. There was a mathematical or technical error made in the determination;

c. The estimate of repair costs was incorrect;

d. The estimated value of improvements was incorrect; or

e. The estimated market value of the structure was incorrect.

(3) The applicant shall apply for the appeal using a form to be provided by the floodplain administrator.

(4) The appellant applicant shall submit documentation supporting the claim for appeal. The documentation may include:

a. Any information that was lacking or missing during the initial determination;

b. Proof of a mathematical or technical error in the determination;

c. Actual repair or construction estimates from established contractors that are permitted to perform work in the city;

d. If the basis of the appeal is the market value of the structure, the appellant shall provide an appraisal report that is signed or endorsed by an actively licensed residential appraiser, certified residential appraiser, or a certified general appraiser who is in good standing with the state appraiser licensing and certification board.

(5) The floodplain administrator will review the appeal application and the supporting documentation to determine if an error had been made.

(6) The floodplain administrator shall keep and hold open for review all documentation relating to substantial damage and substantial improvement appeals.

(Ord. No. 14,605, § 9, 12-10-20; Ord. No. 16,490, § 6, 5-28-26)

The following are duties that may be carried out within a special flood hazard area as part of a post-disaster recovery effort.

(a) Building code administration.

(1) Review and process applications for building permits; certificates of occupancy; certificates of compliance; and the associated plans, specifications, and construction documents for compliance with federal, state and municipal building, housing and life-safety codes and standards applicable to disaster-related repair, replacement or retrofit.

(2) Process requests for building code variances.

(3) Collect fees.

(4) Hire, train, supervise, certify and license staff, as required to conduct these activities.

(5) Contract for services (e.g., contract planning, initiation, solicitation, evaluation and award).

(6) Provide training and information to staff, contractors and the public on unique considerations for repair of disaster-damaged historic buildings.

(7) Provide training and outreach to the public on building code and building permit requirements applicable to the repair, replacement or retrofit of disaster-damaged buildings.

(8) Establish construction plan review and inspection processes, procedures and instructions for permit holders.

(9) Monitor impacted areas for unpermitted construction activities.

(10) Coordinate building code administration and enforcement with floodplain management ordinance administration and enforcement, as appropriate.

(b) Code enforcement.

(1) Inspect structures under construction for compliance with approved plans, specifications and all requirements of applicable codes, laws and ordinances.

(2) Identify and carry out corrective action in cases where construction, design and occupancy do not comply with codes and/or ordinances.

(3) Conduct and process condemnation determinations.

(4) Review and issue elevation certificates.

(5) Investigate complaints and assist in preparation of materials for abating violations of building codes and related ordinances.

(c) Floodplain management ordinance administration and enforcement.

(1) Enforce or administer standards for development according to community floodplain management regulations.

(2) Determine whether proposed disaster-related development activities are in areas regulated by the community's floodplain management ordinance or building code.

(3) Hire, train, supervise, certify and license staff, as required, to conduct these activities.

(4) Contractor for services (e.g., contract planning, initiation, solicitation, evaluation and award).

(5) Provide training and outreach to the public on floodplain permit requirements applicable to the repair, replacement or retrofit of disaster-damaged buildings.

(6) Provide training and information to staff, contractors and the public on unique considerations for repair of disaster-damaged historic buildings.

(7) Review disaster-related development proposals to ensure compliance with the requirements of applicable floodplain management ordinances.

(8) Process permits for disaster-related development in the floodplain associated with the declared disaster.

(9) Inspect all disaster-related development in the applicable jurisdiction.

(10) Monitor impacted areas for unpermitted construction activities.

(11) Process requests for floodplain management ordinance variances.

(12) Process, maintain and track temporary occupancy permits and inspect temporary occupancy buildings.

(13) Provide information on flood hazards, floodplain map data, advisory flood data and compliance to residents and property owners.

(14) Conduct inspections to ensure the removal of temporary fill and related materials used in flood fighting.

(15) Take corrective action necessary to ensure compliance with federal, state and local floodplain regulations.

(16) Coordinate floodplain management ordinance administration and enforcement with building code administration and enforcement, as appropriate.

(d) Substantial damage determinations.

(1) Conduct initial field surveys to determine extent of damage.

(2) Establish damage trends to identify areas to focus building-specific assessment efforts.

(3) Prepare cost information on repairs and pre-disaster market value estimates for substantial damage estimates.

(4) Hire, train, supervise, certify and license staff, as required, to conduct these activities.

(5) Collect field data for damage assessments.

(6) Enter damage inventory administrative data into the substantial damage estimator.

(7) Track cumulative substantial damage and repetitive loss for communities, if required.

(8) Conduct damage inventory of structures.

(9) Inform property owners of damage determination and provide compliance requirements.

(10) Perform inspections to ensure compliance with repair and substantial damage construction requirements.

(11) Determine whether proposed improvements are "substantial improvements" and trigger requirements for compliance, including a building permit.

(12) Determine if damaged structures have been designated as historic or that may be eligible for such designation.

(13) Review, adjudicate and resolve substantial damage determination appeals.

(Ord. No. 14,605, § 9, 12-10-20)

In all moderate and 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;

(8) All new or replacement on-site water disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and

(9) Proof from the applicant that all necessary state and federal permits have been obtained prior to permit issuance.

(Code 1967, § 12½-30; Ord. No. 4233, § 1, 8-22-85; Ord. No. 4641, §§ 3, 4, 2-12-87; Ord. No. 7831, § 8, 10-24-96; Ord. No. 10,609, § 3, 5-22-07; Ord. No. 10,617, § 4, 6-7-07; Ord. No. 14,605, § 9, 12-10-20; Ord. No. 16,490, § 7, 5-28-26)

The design and construction of projects located within an area of special or moderate flood hazard shall, at a minimum, meet the following requirements:

(1) Residential construction.

a. Within an area of special flood hazard, new construction and substantial improvement of any residential 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 the 500-year floodplain elevation or 24 inches above the base flood elevation, whichever is higher. 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.

b. Within a moderate flood hazard area, new construction and substantial improvement of any residential 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 the 500-year floodplain elevation or 24-inches above the base flood elevation, whichever is higher. Additionally, plumbing systems shall be designed and/or located so as to prevent floodwaters from entering or damaging them.

1. If the natural grade of an individual lot, as indicated on a pre-construction elevation certificate, is no more than 12 inches below its 500-year floodplain elevation, then slab on grade construction may be allowed by the floodplain administrator provided that:

(i) The finished floor elevation is no more than 0.1 feet above the 500-year floodplain elevation;

(ii) No more than six inches of vertical concrete is exposed along the perimeter of the slab; and

(iii) The edge of any slab on grade concrete is no less than five feet from a side or rear lot line.

2. If the natural grade of an individual lot is more than 12 inches below its 500-year floodplain elevation, then slab on grade construction shall not be permitted for the new construction or substantial improvement of residential dwellings.

(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 the 500-year floodplain elevation or 24 inches above the base flood elevation, whichever is higher, 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 the 500-year floodplain elevation or 24 inches above the base flood level, whichever is higher, 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. Designs for meeting this requirement must be certified by a registered professional engineer licensed to practice in Texas to meet or exceed the minimum criteria.

(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 be certified by a registered professional engineer to 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; 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.

a. All manufactured homes placed or substantially improved within a moderate or special flood hazard area on the community's FIRM, including but not limited to, those manufactured homes located outside of the manufactured home park or subdivision, in the new manufactured home park or subdivision, in an expansion to existing manufactured home park or subdivision or in an existing manufactured home park or subdivision, shall be elevated on a permanent foundation so 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 the 500-year floodplain elevation or 24 inches above the base flood elevation, whichever is higher. 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.

b. All manufactured homes placed or substantially improved on site in an existing manufactured home park or subdivision, within the moderate or special flood zone area, on the community's FIRM, that are not subject to the provisions of section 110-104(4)(a), shall be elevated so that either:

1. The lowest floor of the manufactured home is at or above the base flood elevation, or

2. The manufactured home chassis is supported by reinforced piers or other foundation elements of equivalent strength to satisfy the requirements of section 110-104(4)(a).

(5) Recreational vehicles. Recreational vehicles placed on sites within a moderate or 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;

c. Be elevated on a permanent foundation so that the chassis is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation collapse and lateral movements.

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 may be constructed with lowest floor elevations below the base flood elevation if all of the following applicable requirements are met:

a. It must be anchored to resist flotation, collapse and lateral movement;

b. The structure must be watertight to at least the 500-year floodplain elevation or 24 inches above the base flood elevation, whichever is higher;

c. It must be designed to allow for the automatic entry of floodwaters;

d. Mechanical and utility equipment must be elevated or floodproofed to at least the 500-year floodplain elevation or 24 inches above the BFE, whichever is higher;

e. It must comply with the floodway encroachment provisions of the NFIP regulations; and

f. Its use must be limited to building access, parking and/or limited storage.

(7) Compensatory storage or floodplain mitigation required. If a development, re-development, or substantial improvement project proposes encroach upon, by placing fill, store stormwater detention, or placing a structure within a moderate or special flood hazard area, the project must provide compensatory storage.

a. Compensatory storage for special flood hazard area encroachments shall be provided in the same type of special flood hazard area.

b. Compensatory storage for moderate flood hazard area encroachments may be provided in either special or moderate flood hazard areas.

c. The volume of an encroachment shall be calculated as the volume of space occupied by the encroachment from natural ground up to the base flood elevation or the 500-year floodplain, whichever is higher.

d. If the compensatory storage is provided on the same property as the proposed development, the required compensatory storage shall be equivalent to the volume of encroachment.

e. If it is infeasible to provide compensatory storage on the same property as the proposed development, the applicant may request to provide the compensatory storage offsite, provided that:

1. The compensatory storage rate is doubled;

2. The applicant provides proof that the offsite compensatory storage cannot be reduced in any way; and

3. The location of the offsite compensatory storage is within a one-half mile radius of the proposed development's continuous property boundary.

f. The lower elevation limit for compensatory storage is two feet above the local water table elevation.

(8) Certification. A professional engineer, registered in the State of Texas, shall certify that requirements (1) through (6) of this section, as applicable to the development, have been met or exceeded and that the designs and methods of construction are in accordance with accepted standards of practice. This certification shall be kept on file at the office of the floodplain administrator.

(9) Elevation certificate required. Elevation certificates shall be kept on file at the office of the floodplain administrator.

a. The project owner, developer, or applicant shall submit an initial elevation certificate for the natural grade of the project site prior to the start of construction. This elevation certificate shall not be aged more than 180 days at the time of submission.

b. The project owner, developer, or applicant shall submit an under-construction elevation certificate for the top of form for the lowest finished floor for residential, nonresidential, and appurtenant structures; structure that provides support for the lowest horizontal structural member for a manufactured home; and/or the permanent foundation for a recreational vehicle.

c. The project owner, developer, or applicant shall submit a final elevation certificate for the finished floor elevation of the lowest floor for residential, nonresidential, and appurtenant structures, the lowest horizontal structural member for a manufactured home, and/or the top of the permanent foundation for a recreational vehicle.

d. These required elevation certificates shall:

1. Be sealed by a professional engineer or professional surveyor registered in the state;

2. Provide reference to a permanent benchmark;

3. Either be referenced to NGVD88 (2001) or include a conversion factor to NGVD88 (2001); and

4. Be referenced to the base flood elevation for the project site.

(10) Severe repetitive loss structures. Structures on repetitive loss properties shall not be improved unless such improvements will bring the structure into full compliance with this article.

(Code 1967, § 12½-31; Ord. No. 4233, § 1, 8-22-85; Ord. No. 4641, § 5, 2-12-87; Ord. No. 5498, §§ 3, 4, 3-22-90; Ord. No. 7831, § 9, 10-24-96; Ord. No. 9582, § 2, 6-26-03; Ord. No. 10,609, § 3, 5-22-07; Ord. No. 10,617, § 5, 6-7-07; Ord. No. 12,823, § 1, 4-9-15; Ord. No. 14,605, § 9, 12-10-20; Ord. No. 14,707, § 2, 4-22-21; Ord. No. 16,490, § 8, 5-28-26)

(a) All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall be consistent with sections 110-29 through 110-30.

(b) All proposals for the development of subdivisions, including the placement of manufactured home parks and subdivisions, shall meet the floodplain development permit requirements of sections 110-68, 110-69, and 110-103.

(c) Base flood and 500-year floodplain elevation (if applicable) data shall be generated for subdivision proposals and other proposed developments of more than 50 lots or larger than five acres, including manufactured home parks and subdivisions, if not otherwise provided pursuant to section 110-32 or section 110-67(8).

(d) All subdivision proposals, including manufactured home parks and subdivisions, shall have adequate drainage to reduce exposure to flood hazards.

(e) All subdivision proposals, including 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.

(Code 1967, § 12½-32; Ord. No. 4233, § 1, 8-22-85; Ord. No. 7831, § 9, 10-24-96; Ord. No. 14,605, § 9, 12-10-20)

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) Residential structures. 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) Nonresidential structures. All new construction and substantial improvements 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 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 shall submit a certification to the floodplain administrator that the standards of this section, as proposed in section 110-69, have been satisfied.

(4) Adequate drainage paths around structures on slopes to guide water around and away from those structures shall be required.

(Code 1967, § 12½-33; Ord. No. 4233, § 1, 8-22-85; Ord. No. 7831, § 10, 10-24-96; Ord. No. 9582, § 3, 6-26-03; Ord. No. 14,605, § 9, 12-10-20; Ord. No. 16,490, § 9, 5-28-26)

Located within areas of special flood hazard established in section 110-32 are areas designated as regulatory floodways. Since the regulatory 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.

(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 chapter.

(3) Under the provisions of 44 C.F.R. §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.

(4) The city engineer shall establish the floodway based on FEMA's documents and other engineering studies. The city engineer shall enforce compliance with no rise standards. The capacity to carry the base flood elevation without increasing the water surface elevation shall be maintained.

(Code 1967, § 12½-34; Ord. No. 4233, § 1, 8-22-85; Ord. No. 4641, § 6, 2-12-87; Ord. No. 7831, § 11, 10-24-96; Ord. No. 12,823, § 1, 4-9-15; Ord. No. 14,605, § 9, 12-10-20; Ord. No. 16,490, § 10, 5-28-26)

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, the design and construction of projects located within an area of coastal high hazard shall, at a minimum, meet the following requirements:

(1) All new construction shall be located landward of the reach of mean high tide;

(2) All new construction, substantial improvements shall be elevated on pilings and columns so that:

a. The elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor, excluding the pilings or columns of all new and substantially improved structures, and whether or not such structures contain a basement, is elevated 24 inches above the base flood level or 500-year elevation whichever is higher;

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; and

c. A registered professional engineer shall develop or review the structural design, specifications and plans for the construction.

(3) Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with non-supporting open wood latticework or insect screening intended 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. Breakaway walls are prohibited within coastal high hazard areas.

(4) The use of fill for structural support of buildings is prohibited;

(5) Manmade alteration of sand dunes and mangrove stands which increase potential flood damage is prohibited;

(6) All manufactured homes placed or substantially improved shall meet the standards of subsections (a) through (e) of this section and section 110-102(4).

(7) All recreational vehicles must:

a. Be on the site for fewer than 180 consecutive days;

b. Be fully licensed and ready for highway use; or

c. Be elevated on a permanent foundation such that the chassis is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation collapse and lateral movements.

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.

(8) Appurtenant structures shall meet the standards of subsection (b) of this section.

(9) Solid (perimeter) foundation walls shall not be used to elevate structures.

(10) Certification, A professional engineer, registered in the state, shall certify that requirements (1) through (9) of this section, as applicable to the development, have been met or exceeded and that the designs and methods of construction are in accordance with accepted standards of practice. This certification shall be kept on file at the office of the floodplain administrator.

(11) Elevation certificate required. Elevation certificates shall be kept on file at the office of the floodplain administrator.

a. The project owner, developer, or applicant shall submit an initial elevation certificate for the natural grade of the project site prior to the start of construction. This elevation certificate shall not be aged more than 180 days at the time of submission.

b. The project owner, developer, or applicant shall submit an under-construction elevation certificate for the top of form for the lowest finished floor for residential, nonresidential, and appurtenant structures; structure that provides support for the lowest horizontal structural member for a manufactured home; and/or the permanent foundation for a recreational vehicle.

c. The project owner, developer, or applicant shall submit a final elevation certificate for the finished floor elevation of the lowest floor for residential, nonresidential, and appurtenant structures, the lowest horizontal structural member for a manufactured home, and/or the top of the permanent foundation for a recreational vehicle.

d. These required elevation certificates shall:

1. Be sealed by a professional engineer or professional surveyor registered in the state;

2. Provide reference to a permanent benchmark;

3. Either be referenced to NGVD88 (2001) or include a conversion factor to NGVD88 (2001); and

4. Be referenced to the base flood elevation for the project site.

(12) Repetitive loss structures. Structures on repetitive loss properties shall not be improved unless such improvements will bring the structure into full compliance with this chapter.

(Code 1967, § 12½-35; Ord. No. 4233, § 1, 8-22-85; Ord. No. 4641, §§ 7, 8, 2-12-87; Ord. No. 7831, § 12, 10-24-96; Ord. No. 12,823, § 1, 4-9-15; Ord. No. 14,605, § 9, 12-10-20; Ord. No. 16,490, § 11, 5-28-26)

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 sections 110-106 and 110-102.

(Ord. No. 12,823, § 1, 4-9-15; Ord. No. 14,605, § 9, 12-10-20)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commercial property means property on which structures are built for other than residential purposes.

Developed acreage means total calculated acreage based on the construction site plan of buildings, pavement, landscaping and other impermeable surfaces.

Developer means a person, firm, or corporation, whether one or more or a combination of one or more, that improves, sells or uses land for the purpose of constructing residential, commercial or industrial buildings thereon to be sold or leased to others.

Industrial property means property on which either the daily consumption of water or the discharge of wastewater will exceed an average 20,000 gpd per acre.

Main means a water or a sewer line that is six inches in diameter or greater.

Multifamily dwelling property means property on which structures designed for or to be used for occupancy by more than two families are constructed or on which more than two mobile homes or manufactured homes are placed.

Owner means the owner or resident of property, other than the developer.

Private easement means an easement that is not a public easement and that is used exclusively by the owner thereof to serve only his property with utility service.

Privately constructed sewer means a sewer constructed in compliance with the city ordinances by a property owner, developer or others, within a public street or public easement, and dedicated to the city for operation and maintenance.

Public easement means an easement, street or right-of-way dedicated to a governmental body or to the public, either by a recorded map or plat or by a recorded instrument of conveyance, or acquired by condemnation and within which water or sewer lines may be constructed, maintained and operated.

Residential property means property on which structures occupied exclusively for residential uses are built. Residential uses shall include a private garage, domestic storage and customary home occupations conducted in the dwelling by occupants.

Sewer lines means sewer mains, laterals, sanitary sewers, lift stations and pump stations located in public streets and easements.

Water lines means water mains, service lines, fire hydrants and appurtenances located in public streets and public easements.

(Code 1967, § 25-2; Ord. No. 2877, § 2, 4-24-80; Ord. No. 8151, § 7, 12-16-97)

The purpose of this chapter is to provide for adequate extension of water and sewer service within and adjacent to the city and to distribute the costs of such extensions among the users requiring such extensions.

(Code 1967, § 25-1; Ord. No. 2877, § 2, 4-24-80)

Every property platted on or before April 24, 1980, and on which there are existing water or sewer lines shall be exempt from the connection charge established in this chapter.

(Code 1967, § 25-3; Ord. No. 2877, § 2, 4-24-80)

It shall be unlawful to serve or connect any lot, tract or plat of land or any part thereof with water and sewer connections without complying with the connection procedures prescribed by this chapter.

(Code 1967, § 25-4; Ord. No. 2877, § 2, 4-24-80)

The city shall construct water and sewer lines under this chapter only in public easements. All such lines when constructed shall remain the property of the city, and no person shall, by the payment of the connection charge or any other charge provided for in this chapter, acquire any interest or right in any lines or any portion thereof, other than the privilege to have his property connected thereto for water or sewer service in accordance with city ordinances.

(Code 1967, § 25-10; Ord. No. 2877, § 2, 4-24-80)

Any property owner who desires an extension of a city water or sewer line to serve his property shall make a written application to the city engineer requesting such extension and supplying all information requested in the application form to be furnished by the city engineer, in order for the city engineer to properly consider such request. The request shall include but not be limited to the name, address and telephone number of each signer. The request shall designate one person as trustee, who shall represent the petitioners and to whom all correspondence from the city will be addressed and who shall be responsible for notifying other petitioners of the city's action and for obtaining additional information that may be needed.

(Code 1967, § 25-11; Ord. No. 2877, § 2, 4-24-80)

Under this chapter, the city engineer may approve a project within the city or outside the city but inside the city's extraterritorial jurisdiction if the city engineer determines the project is feasible based upon but not limited to the following factors:

(1) The economic practicability considering the cost of the project to the city;

(2) The anticipated revenue;

(3) The availability of funds;

(4) The engineering feasibility considering plans approved by the city;

(5) Plant capacity;

(6) Trunk line capacity; and

(7) Benefits to the city.

(Code 1967, § 25-12; Ord. No. 2877, § 2, 4-24-80)

Under this chapter, the city may extend lines to an area, provided the petitioners or owners pay to the city in cash and in advance of the city's initiating preliminary work on the project an amount of money to be determined by the city engineer, but the amount advanced shall not be less than one-half the estimated cost of the project.

(Code 1967, § 25-13; Ord. No. 2877, § 2, 4-24-80; Ord. No. 3042, § 1, 11-24-80)

(a) The department of public works may extend water or sewer lines in the streets, alleys or other easements, as provided in this chapter, in order to permit connections by persons desiring, seeking or needing water or sewer service. A connection charge shall be made against each lot or tract of land and the owner thereof whose water or sewer line shall be connected with any water or sewer main constructed within the city, whether contracted for before or after the effective date of the ordinance from which this chapter derives, in accordance with article IV of this chapter.

(b) If a developer's tract lies upstream of a city line and the developer extends the minimum size line required by the city at that location across the entire frontage of his tract in accordance with city standards, the connection fee for that line will not apply for that tract.

(Code 1967, § 25-14; Ord. No. 2877, § 2, 4-24-80)

(a) Subdivisions. Any owner or developer desiring to develop land as a subdivision and to install water or sewer lines shall submit his plans and specifications for approval in accordance with the city's subdivision regulations in chapter 126 and engineering and construction standards in chapter 109. Construction of such lines shall not commence until the plans and specifications have been approved by the city engineer; the preliminary plat has been approved by the planning and zoning commission; and a permit issued authorizing such construction.

(b) Construction by other developers. Any owner or developer desiring to develop land and to provide water or sewer services shall submit plans and specifications for all lines constructed within public easements to the city engineer for approval prior to beginning construction and in accordance with this Code.

(Code 1967, § 25-20; Ord. No. 2877, § 2, 4-24-80; Ord. No. 3042, § 2, 11-24-80; Ord. No. 9621, § 7, 9-11-03; Ord. No. 14,605, § 10, 12-10-20)

All developers will install, at their own expense, water and sewer lines necessary to serve the land they are developing. They will likewise construct at their own expense any and all lift stations and pump stations to provide water and sewer service to such land.

(Code 1967, § 25-21; Ord. No. 2877, § 2, 4-24-80; Ord. No. 3042, § 3, 11-24-80)

All water and sewer lines constructed under this article will, upon approval and acceptance by the city, become the property of the city subject to its exclusive control and maintenance. All such water and sewer lines shall be constructed in public easements.

(Code 1967, § 25-22; Ord. No. 2877, § 2, 4-24-80)

(a) The cost of water and sewer mains that are required by the city to be larger than would normally be needed to serve the subdivision will be cost-shared between the developer and the city. The city's cost-shared amount will be the difference between the cost of installing the city's larger required line size and the cost of installing the minimum size that would be adequate as determined by the city engineer to serve the subdivision or waterlines over six inches in diameter and sanitary sewer lines over eight inches in diameter, whichever is greater. A reimbursement contract will be negotiated between the city and the developer prior to construction of the lines.

(b) The city will take bids based upon the plans and specifications prepared by the developer and approved by the city engineer for the lines required. The developer will advance all costs of such line to the city prior to the award of the construction contract. However, any adjustments in the final cost of the contract shall be paid prior to the city providing service to the land.

(c) The provisions in subsection (b) of this section may be altered if expressly done so in writing and incorporated into the reimbursement contract.

(Code 1967, § 25-23; Ord. No. 2877, § 2, 4-24-80; Ord. No. 3042, § 4, 11-24-80)

This article is intended to ensure the provision of adequate public facilities to serve new development in the service area by requiring each such development to pay its pro rata share of the costs of water and wastewater capital improvements necessitated by and attributable to such new development.

(Ord. No. 9854, § 4, 8-26-04)

This article is adopted pursuant to Chapter 395 of V.T.C.A. Local Government Code and the Charter of the City of Baytown, Texas. The provisions of this article shall not be construed to limit the power of the city to utilize other methods authorized under state law or pursuant to other city powers to accomplish the purposes set forth herein, either in substitution for or in conjunction with this article.

(Ord. No. 9854, § 4, 8-26-04)

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:

Assessment means the determination of the amount of impact fee per service unit that may be imposed on new development pursuant to this article, which determination occurs at the time specified in V.T.C.A., Local Government Code § 395.016.

Building permit means the general permit required by Chapter 118 of this Code.

Capital improvements plan means the water and wastewater capital improvements plan adopted by the city council, as may be amended from time to time, that identifies capital improvements or facility expansions for which impact fees may be assessed.

Department means the city's engineering department.

Director means the city's director of engineering.

Equivalent dwelling unit table means the table approved by the city council converting utilization of capacity required by various land uses to numbers of service units based upon the type and size of meters.

Impact fee has the meaning ascribed to it in V.T.C.A., Local Government Code § 395.001.

New development means the subdivision of land; the construction, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure or any use or extension of the use of land; any of which increases the number of service units.

Offset means the amount of the reduction of an impact fee, determined under this article that is equal to the value of a water facility or a portion thereof included in the capital improvements plan, that is constructed or financed by a property owner.

Plat mans the plan or map for the subdivision to be filed for record with the county clerk in the county in which the property is located. Plat includes replat.

Property owner means the owner in fee of a tract or parcel of land upon which new development is to be located or his authorized representative.

Service area means the area within the corporate boundaries and extraterritorial jurisdiction to be served by the capital improvements or facilities expansions specified in the capital improvements plan.

Service units means a standardized measure of consumption of water and wastewater systems capacity which is equal to the average flow rate for a single family dwelling unit in the city.

(Ord. No. 9854, § 4, 8-26-04; Ord. No. 11,934, §§ 1, 2, 4-26-12)

(a) Except as otherwise provided herein, each new development within the city limits and/or extraterritorial jurisdiction shall pay an impact fee for water and wastewater improvements and/or facilities necessitated by and attributable to that development. Impact fees shall be assessed against and collected from new development on the basis of service units.

(b) The impact fee per service unit that shall be assessed against new development and collected is established as a combined rate of $4,172.00 per service unit of which $857.00 is attributable to water and $3,315.00 is attributable to wastewater.

(c) The city council may amend impact fees to be collected from new developments without amending its capital improvements plan adopted herein as long as the impact fees to be collected do not exceed the maximum impact fees per service unit that may be assessed for such facilities.

(d) The city council may reduce or waive an impact fee for service units located within a neighborhood empowerment zone created in accordance with V.T.C.A., Local Government Code ch. 378, that qualifies for such reduction or waiver under such zone, once the service unit is constructed. If the service unit is not constructed, the city council may reverse its decision to waiver or reduce the impact fee and the city council may assess an impact fee at any time during the development approval or building process or after the building process if an impact fee was not already assessed.

(Ord. No. 10,456, § 3, 10-23-06; Ord. No. 11,285, § 1, 1-14-10; Ord. No. 11,657, § 3, 6-9-11; Ord. No. 12,540, § 3, 5-8-14; Ord. No. 13,384, § 3, 1-12-17; Ord. No. 14,799, § 3, 8-26-21)

Assessment of impact fees against new development shall be based on the maximum impact fee per service unit, established by the city council. The time of the assessment shall be in accordance with Chapter 395 of V.T.C.A. Local Government Code.

(Ord. No. 9854, § 4, 8-26-04)

Impact fees shall be collected at the time of issuance of building permits. In the event that a building permit is not required prior to development, collection shall be at the time of connection to the city's system.

The department shall compute the impact fees in the following manner:

(1) Except as otherwise provided in this section, the amount of the impact fee due shall be determined by multiplying the number of service units generated by the new development by the impact fee per service unit then in effect.

(2) In the event that the new development involves the razing or removing of existing structures, the capacity utilized by such use or structure shall be converted to service units using the equivalent dwelling unit table. If the service required for the new development exceeds such reserved capacity, the service units equivalent to the previously utilized capacity shall be subtracted from the total number of service units attributable to the new development, and the amount of the impact fee due shall be the number of additional service units multiplied by the impact fee per service unit then in effect.

(3) The amount of each impact fee due shall be reduced by any allowable credits in the manner provided in section 114-106 of this Code.

(4) The amount of each impact fee due for a new development shall not exceed an amount computed by multiplying the maximum impact fee per service unit in effect at the time the new development was assessed by the number of service units generated by the development.

(5) If the property owner proposes to increase the number of service units for development following payment of the impact fee, the additional impact fees collected for such new service units shall be determined in the same manner as provided in this section.

(Ord. No. 9854, § 4, 8-26-04)

The number of service units attributable to a new development shall be determined by using the following equivalent dwelling unit table established by the city council, which may be amended from time to time:

(Ord. No. 9854, § 4, 8-26-04; Ord. No. 14,605, § 11, 12-10-20; Ord. No. 14,799, § 4, 8-26-21)

_____

(a) A property owner of a new development who constructs or finances a capital improvement or facility expansion included in the capital improvements plan pursuant to a development agreement approved by the city on or after August 12, 2004, shall, at the city's election, either:

(1) Receive a credit against the impact fees otherwise due from the new development; or

(2) Be reimbursed for such costs from impact fees paid from other new developments that will use such capital improvements or facility expansions, which fees shall be collected and reimbursed to the property owner at the time the other new development records its plat.

(b) A credit or offset associated with a plat shall be applied against an impact fee due at the time that the first fee for the new development is collected, and thereafter to all subsequently collected fees, until the credit or offset is exhausted.

(Ord. No. 9854, § 4, 8-26-04)

(a) All impact fees collected within the city and its extraterritorial jurisdiction shall be deposited in a dedicated fund to which interest is allocated. All such amounts, together with all interest earned thereon, shall be used solely for the purposes set forth in subsection (b).

(b) The impact fess collected pursuant to this article shall be used in conformance with the requirements of Chapter 395 of V.T.C.A. Local Government Code.

(c) Disbursement of funds shall be made at such times as are reasonably necessary to carry out the purposes intended by this article; provided, however, that funds shall be expended within a reasonable period of time, but not to exceed ten years from the date of payment.

(d) An owner of property for which an impact fee has been paid is entitled to a refund for all or a portion of the fee in the following circumstances:

(1) Upon application, any impact fee or portion thereof collected pursuant to this article, that has not been expended within the service area within ten years from the date of payment, shall be refunded to the record owner of the property for which the impact fee was paid together with interest pursuant to Section 395.025 of V.T.C.A. Local Government Code. However, if the impact fee was paid by another political subdivision or governmental entity, payment shall be made to the political subdivision or governmental entity. An impact fee shall be considered expended on a first-in, first-out basis. An impact fee shall also be considered expended if the total expenditure for facilities and improvements included in the capital improvements plan, as may be amended from time to time, within the service area within ten years following the date of payment, exceeds the impact fees collected within the service area during such period.

(2) If a refund is due pursuant to subsection (1), the city shall divide the difference between the amount of expenditures and the amount of the fees collected by the total number of service units for which impact fees have been paid within the service area for the period to determine the refund due per service unit. The refund to the owner shall be calculated by:

a. Multiplying the refund due per service unit by the number of service units of the development for which the fee was paid; and

b. Determining interest due based on the amount calculated under subsection a. above.

(e) The city shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the fund are utilized solely for the purposes authorized. The city shall maintain and keep financial records for impact fees, that shall show the source and disbursement of all fees collected in or expended.

(Ord. No. 9854, § 4, 8-26-04)

(a) The property owner or applicant for a new development may appeal the following administrative decisions to the city manager:

(1) The applicability of an impact fee to the development;

(2) The amount of the impact fee due;

(3) Classification of the development under the equivalent dwelling unit table;

(4) The applicability of the credit or an offset to the development;

(5) The amount of a credit or of an offset; or

(6) The amount of a refund due, if any.

(b) The burden of proof shall be upon the applicant to demonstrate that the administrative decision was not made in accordance with this article or applicable state law.

(c) The applicant shall file a written notice of appeal with the director within 30 days following the date of the decision from which an appeal is made. If the notice of appeal is accompanied by a payment or other sufficient security satisfactory to the department in an amount equal to the original determination of the impact fee due, the development application may be processed while the appeal is pending. Each appeal must include a processing fee equal to $200.00.

(d) No person shall have any right to appeal for relief to any court in regard to any matter covered by this article until after such person has exhausted the appeal procedure provided for in this section.

(Ord. No. 9854, § 4, 8-26-04)

Any person who has paid an impact fee, or an owner of land for which an impact fee has been paid, may petition the city council to determine whether any duty required by this article or by chapter 395 of the V.T.C.A. Local Government Code has not been performed within the time so prescribed. The petition shall be in writing and shall state the nature of the unperformed duties and request that the duties be performed within 60 days of the request. If the city council determines that the duty is required pursuant to this article and is late in being performed, it shall cause the duty to commence within 60 days of the date of the request and to continue until completion. This subsection shall not apply to matters subject to appeal pursuant to section 114-106.

(Ord. No. 9854, § 4, 8-26-04)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Director means that person designated by the city manager.

(a) It shall be unlawful for any person to encumber or obstruct the sidewalks, streets, alleys and other public rights-of-way by placing thereon, except as provided in this section, any goods, wares, merchandise, buildings or property, real or personal, of any description whatsoever. It shall be the duty of the chief of police to remove any such encumbrance, encroachment or obstruction.

(b) Nothing shall prevent the temporary use of the sidewalks, streets, alleys and other public rights-of-way by persons receiving, shipping and handling any property, real or personal, as long as such use is not in violation of any ordinance or law.

(c) If a person wishes to use the sidewalks, streets, alleys or other public rights-of-way for the purpose of storing goods, etc., he shall obtain permission from the city manager, in writing, before any such use is made. If the city manager denies such request, the applicant may appeal to the city council, and its decision shall be final.

(Ord. No. 736, §§ 1—3, 1-14-65; Code 1967, §§ 26-1—26-3)

(a) An owner or occupant of any premises shall not intentionally or knowingly build, construct, place, keep, allow, permit or maintain any object, structure, building, tree, plant, vegetation or fence so as to obstruct or interfere with the view of a driver of a motor vehicle at the point of approaching, merging, emerging or intersecting traffic from any street or driveway with another street or so as to prevent any traveler on any street or driveway from obtaining a clear view of approaching vehicles within a sight triangle as described in section 109-76(d) of this Code.

(b) It shall be an affirmative defense to prosecution of the violation of this section if the obstruction is a building in existence prior to June 28, 1984. However, any such tree or shrub that was planted prior to December 13, 1951, may remain, but it shall have a clearance of at least ten feet between its lowest limb measured downward to the street or sidewalk.

(c) In any prosecution authorized by this section, it shall be presumed that the premises owner or occupant intentionally or knowingly committed the offense if the director personally serves him with notice of the obstruction or if ten days elapse after the director mails to him notice of the obstruction by regular U.S. mail without the condition being corrected.

(d) Any offense under this section shall upon conviction be punished as provided in section 1-14.

(Ord. No. 132, § 4, 12-13-51; Code 1967, § 26-7; Ord. No. 3888, § 1, 6-28-84; Ord. No. 14,605, § 12, 12-10-20)

(a) It shall be unlawful for any tree, shrub, vine, palm, hedge or similar plant of any description or kind to be planted, cultivated, grown or permitted to be planted, cultivated or grown between the sidewalk and the curb or ditch line on any street or highway at a lesser distance than 7½ feet from any fire hydrant.

(b) However, any shade tree growing on December 13, 1951, that is between the sidewalk and the curb on any public street or highway that is less than 7½ feet from any such fireplug shall not be affected by this section.

(Ord. No. 132, § 3, 12-13-51; Code 1967, § 26-6)

It is the duty of every person owning property abutting on city streets where curbs and gutters have been installed to construct or cause to be constructed, at his own cost and expense, concrete driveways leading from the curb line to the property line on such lots, as may be necessary to enter with any vehicle from the street, per the city's driveway standards as described in article III of chapter 109 of this Code. In doing such work property owners shall have the right to cut down the curb wall, only after receiving a driveway permit from the director.

(Ord. No. 29, § 1, 11-16-48; Code 1967, § 26-8; Ord. No. 14,605, § 13, 12-10-20)

On streets where curb and gutter have been installed, it shall be the duty of every property owner to have all crossings over drains so constructed that they shall not reduce the area of drainage. The work of construction of crossings shall be done under the supervision of the director.

(Ord. No. 29, § 2, 11-16-48; Code 1967, § 26-9)

Where any crossing over a drain on a street has been so constructed or is being maintained as to constitute an obstruction to the free flow of drainage, the director shall notify the abutting property owner to remove such obstruction by a written notice mailed to his residence address. If the owner fails to remove the obstruction within 15 days from the date of the mailing of the notice, it shall be the duty of the director forthwith to have the obstruction removed.

(Ord. No. 29, § 3, 11-16-48; Code 1967, § 26-10)

(a) Any person or other entity, including but not limited to operators of a community antenna television service, a cable communication system, a telecommunications utility as defined in V.T.C.A., Utilities Code § 51.002(11) or public utilities as defined in V.T.C.A., Utilities Code § 51.002(8) using the streets, rights-of-way, easements, alleys, parks or other public property within the city as avenues for pole-lines, wires, cables, pipes or other physical distribution facilities of similar nature for the rendition of the service of or delivery of the product sold by such person or entity shall pay to the city an annual inspection, supervision and use charge in an amount equal to five percent of the gross revenues of such person or entity received by him or it from the rendition of such service or sale of such product within the corporate limits.

(b) Such payments shall be made on or before March 31 of each year and shall be an amount equal to five percent of the gross receipts of such person or entity for the calendar year ending December 31 of the next preceding year.

(c) All such persons and entities as may use distribution facilities strung upon poles along such streets, rights-of-way, easements, alleys, parks or other public property within the corporate limits are required to cooperate with each other through the media of joint usage agreements, pole attachments agreements, leases of facilities or other agreements to avoid duplication and proliferation of poles.

(d) Nothing provided in this section shall be construed as a surrender by the city of any of its police powers to regulate and control the use of its streets, alleys and other public places as provided by the city Charter and by state law. This section is not intended and shall not grant or convey any rights, whatsoever, to any person or entity to use the public properties of the city without the express consent of the city council.

(e) If this section conflicts with the terms and provisions of any franchise in effect or granted by the city, the terms and provisions of the franchise shall be controlling.

(Code 1967, § 26-11; Ord. No. 852, §§ 1—5, 1-13-67; Ord. No. 6094, § 1, 12-12-91; Ord. No. 8116, § 1, 10-23-97)

(a) No person shall lay, construct, build, repair or rebuild any sidewalk, driveway, curb or gutter on any street, alley or thoroughfare within the city without:

(1) Applying to the director for a license to do such work;

(2) Paying a license fee of $10.00; and

(3) Obtaining a permit from the director to do such work.

(b) The license shall expire one year from the date of issue and shall be issued anew for each succeeding year.

(Ord. No. 28, § 1, 11-16-48; Code 1967, § 26-21)

The license required under this division shall be issued by the director.

(Ord. No. 28, § 2, 11-16-48; Code 1967, § 26-22)

Under this division, after the license is issued, the licensee shall, before doing each individual piece of work contracted for, obtain a permit from the director for each separate piece of work contracted to be done, together with plans, specifications, grades and lines for such work. All such work shall be done according to the approved plans and specifications and shall at all times be subject to the inspection and approval of the director for such work.

(Ord. No. 28, § 3, 11-16-48; Code 1967, § 26-23; Ord. No. 14,605, § 14, 12-10-20)

The following are standard specifications for concrete sidewalks, driveway approaches, curbs and gutters. The director of public works and engineering is hereby authorized to adopt standards, specifications and standard details consistent with this section. The official copy of the standards, specifications and standard details shall be on file with the director. Concrete work shall not be deemed complete until inspected and accepted by the director.

(1) Basic requirement. Concrete shall have a minimum 28-day compressive strength of 3,500 psi, and its mix design shall conform to the city standard specifications.

(2) Foundation. The foundation shall consist of firm, hard soil from which all vegetable matter and other loose material have been removed. Sidewalks shall be constructed on a sand cushion.

(3) Combined curb and gutter. Curbs and gutters shall be designed and constructed in accordance with the standard specifications and details adopted by the city.

(4) Sidewalks.

a. Width. Sidewalks shall be not less than five feet wide, unless otherwise approved by the director.

b. Construction. Sidewalks shall not be less than four inches thick composed of reinforced concrete. Sidewalks shall be constructed in accordance with the standard specifications and standard details, which include a reinforcing schedule.

c. Location. Sidewalks will be located as described m the definition of "sidewalk" in section 18-93(a) of this Code.

d. Curb ramps. Barrier free ramps shall be provided at locations required by the city, state and federal law, including the regulations of the Texas Department of Licensing and Regulation, and the Americans with Disabilities Act.

(5) Driveway approaches. Driveway approaches shall (i) be composed of reinforced concrete of not less than five inches thick, (ii) meet or exceed FHA minimum standards, and (iii) comply with the standard specifications and standard details adopted by the city.

(Ord. No. 28, § 5, 11-16-48; Code 1967, § 26-30; Ord. No. 2310, § 1, 9-8-77; Ord. No. 9053, § 1, 12-14-00; Ord. No. 11,980, § 2, 7-26-12; Ord. No. 13,352, § 2, 11-10-16; Ord. No. 14,605, § 15, 12-10-20)

The city reserves the right, when putting down a permanent street pavement, either by original construction or reconstruction, to change or alter the lines and grades of the permanent pavement and of the sidewalks, driveways, curbs and gutters on the street when, in the opinion of the city council and/or the director, such change is necessary for the proper drainage of the street and without liability on the part of the city because of this change.

(Ord. No. 28, § 6, 11-16-48; Code 1967, § 26-31; Ord. No. 2310, § 1, 9-8-77; Ord. No. 14,605, § 16, 12-10-20)

In patching old sidewalks, the practice of renewing irregular portions will not be permitted, but the entire section should be renewed. Small pipes may be run across walks in a narrow section and may be neatly cut parallel to the edge of block and the edges neatly finished with a jointing tool.

(Ord. No. 28, § 7, 11-16-48; Code 1967, § 26-32; Ord. No. 2310, § 1, 9-8-77)

It shall be unlawful for any person to mix any lime or other mortar on the surface of any paved street. A tight board or box must be provided for the purpose.

(Ord. No. 28, § 8, 11-16-48; Code 1967, § 26-33; Ord. No. 2310, § 1, 9-8-77)

After sidewalks, driveways, curbs and gutters have been completed, they must be protected from injury by keeping traffic off of them at least five days, and they should be sprayed immediately after taking the final set with an approved curing compound.

(Ord. No. 28, § 9, 11-16-48; Code 1967, § 26-34; Ord. No. 2310, § 1, 9-8-77)

It shall be unlawful for any person to construct or maintain in a public street any drain from private property where such has been laid for the purpose of conveying surface drainage from the private property or drainage from roofs of buildings on private property, unless such drain shall be laid from the property line to the gutter. The drainpipe shall be constructed entirely of approved material and shall be laid entirely underneath the surface of the ground and shall be covered at all points where it crosses under a sidewalk with at least two inches of concrete on top of the pipe. The surface of the sidewalk shall conform in grade to the balance of the walk. All drains shall be made to conform to this chapter. The downspouts on nonresidential buildings must empty directly into a private stormwater collection system.

(Ord. No. 28, § 11, 11-16-48; Code 1967, § 26-35; Ord. No. 2310, § 1, 9-8-77; Ord. No. 14,605, § 17, 12-10-20)

If the owner of any property located within the city requests that the city install drainage culverts in drainage easements or street rights-of-way in cases where the drainage is not significantly impaired, the property owner shall provide the culvert pipe and shall be assessed a fee to cover the costs of the installation. The fee shall be paid by the property owner prior to the installation. The culvert pipe for single-family residential property abutting residential streets with open ditches shall be either reinforced concrete pipe (RCP) conforming to the latest revision of ASTM C-76, class III, corrugated plastic pipe conforming to AASHTO M294 with a minimum pipe stiffness of 46 and a maximum diameter of 30 inches and having gasketed pipe joints, or such other pipe as may be approved by the director.

(Code 1967, § 26-35.1; Ord. No. 6007, § 1, 9-26-91; Ord. No. 11,254, § 1, 11-12-09; Ord. No. 13,352, § 3, 11-10-16; Ord. No. 14,605, § 18, 12-10-20)

(a) All new construction along thoroughfares meeting the criteria shown in this section shall have installed safety end treatments on the culvert pipes beneath driveways or other crossings of roadside ditches. The safety end treatments shall conform to the type II end treatment as described in the latest edition of Standard Specifications of the Texas Department of Transportation.

(b) Thoroughfares where this policy shall be enforced are all roadways within the city limits where:

(1) The designated speed limit is 45 miles per hour or greater.

(2) The average daily traffic volume is 15,000 vehicles per day.

(Code 1967, § 26-35.2; Ord. No. 6925, § 1, 1-27-94)

The construction, materials and methods shall conform to the standard specifications and details currently adopted by the public works and engineering department.

(Ord. No. 28, § 11, 11-16-48; Code 1967, § 26-36; Ord. No. 2310, § 1, 9-8-77; Ord. No. 14,605, § 19, 12-10-20)

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:

Actual notice means actual knowledge or such circumstances or conditions as would put a person of ordinary prudence on inquiry to determine the facts.

Constructive notice means such information or facts as may be determined from instruments in writing placed of record in the office of the county clerk.

Director means the person designated by the city manager.

(Code 1967, § 26-60; Ord. No. 2868, § 2, 4-10-80)

Any person who builds, erects or constructs a building, structure or edifice over any of the sewers, mains or lines assumes all of the risks incident to such construction, and the city shall never be liable for any damage occasioned to any such building, structure or edifice because of the granting of permission to build or construct such or because of the supervision, operation and maintenance of any sanitary sewer, storm sewer, water main or electric line conduit, whether such is in an easement granted to the city for that purpose or privately constructed.

(Code 1967, § 26-65; Ord. No. 2868, § 2, 4-10-80)

If, in the course of maintenance and supervision of any of the sewers, mains or conduits over which a building, structure or edifice has been built or erected, it becomes necessary to tunnel beneath or excavate through the floor or foundation of such building, structure or edifice for the purpose of making inspections or repairs, the person owning such building, structure or edifice and his successors or assigns shall stand and bear all of the expense and damage occasioned to such building, structure or edifice because of such tunneling or excavation. In addition, such person shall likewise stand and bear the added cost incurred by the city in tunneling beneath or excavating through the floor or foundation of such building, structure or edifice for the purpose of making such inspections or repairs, the amount of which added cost is to be determined by the director, and such amount shall be paid promptly to the city.

(Code 1967, § 26-66; Ord. No. 2863, § 2, 4-10-80)

Without first procuring a written permit from the director, it shall be unlawful for any person to build, erect or construct or cause to be built, erected or constructed any building, structure or edifice for any use or occupancy whatsoever in, upon, over or across any easement or any part thereof granted to the city for sanitary sewer, storm sewer, water main or electric line conduit purposes or a combination of such or upon, over or across any privately constructed sanitary sewer, storm sewer, water main or electric line conduit managed, supervised or controlled by the city or connected with the sanitary sewer system, storm sewer system, water main system or electric line conduit system of the city when such person has actual or constructive notice of such privately constructed sewers, mains or conduits.

(Code 1967, § 26-61; Ord. No. 2868, § 2, 4-10-80)

Application for a permit required under this division shall be addressed in writing to the director, and the applicant shall set forth the following:

(1) The true name and address of the person seeking the permit;

(2) The name and address of the contractor employed to do the work, if any;

(3) The nature of the building, structure or edifice proposed to be erected, including the type of construction proposed;

(4) The use or occupancy to which such proposed building is to be put;

(5) The name of the subdivision, if any, and the lot and block number where it is proposed to be built; and

(6) Whether or not such proposed building, structure or edifice or any part thereof will be in, upon, over or across any easement granted to the city or upon, over or across any privately constructed sanitary sewer, storm sewer, water main or electric line conduit of which the applicant has actual or constructive notice.

(Code 1967, § 26-62; Ord. No. 2868, § 2, 4-10-80)

If the director refuses to grant a permit required under this division, the applicant may have such action reviewed by an appeal to the city council in writing within ten days after the decision of the director is published. The hearing on appeal to the city council shall be de novo, and the decision of the city council shall be final.

(Code 1967, § 26-63; Ord. No. 2868, § 2, 4-10-80)

Pursuant to this division, if it appears to the director, upon written application by any person, that a building, structure or other edifice has been constructed upon or across any sanitary sewer, storm sewer, water main or easement granted for the purpose of constructing and maintaining such utilities and that such construction was done without the required permit through inadvertence, mistake or ignorance of the existence, the director is empowered to issue a permit to maintain such building, structure or edifice, provided that, upon investigation, the director is satisfied that a permit would have been granted in the initial instance prior to construction. If the director refuses to issue the permit to maintain as provided in this section, the applicant shall have the same right to appeal to the city council as provided in section 122-158.

(Code 1967, § 26-64; Ord. No. 2868, § 2, 4-10-80)

There shall be a uniform procedure for the dedication and acceptance of public streets, applicable to public streets not dedicated by recordation of subdivision plats, which procedure shall be as provided in this article.

(Code 1967, § 26-40; Ord. No. 1621, § 1, 6-26-74)

All proposed public street dedications shall be submitted to the planning and zoning commission for consideration and recommendation to the city council.

(Code 1967, § 26-40(a); Ord. No. 1621, § 1, 6-26-74; Ord. No. 9621, § 8, 9-11-03)

The planning and zoning commission shall review the location, alignment and width for a proposed public street dedication. If such complies with the thoroughfare plan, the planning and zoning commission shall recommend that the city council grant preliminary approval of the street. If the proposed public street dedication does not comply with the thoroughfare plan, the planning and zoning commission shall recommend disapproval.

(Code 1967, § 26-40(b); Ord. No. 1621, § 1, 6-26-74; Ord. No. 9621, § 9, 9-11-03)

Under this article, if the street patterns, major street locations, alignments, widths and cross sections for the area in which the proposed street is located have not yet been incorporated into the thoroughfare plan or if in the opinion of the planning and zoning commission the existing thoroughfare plan should be modified, the planning and zoning commission shall make the appropriate modifications to the thoroughfare plan for submission to the city council.

(Code 1967, § 26-40(c); Ord. No. 1621, § 1, 6-26-74; Ord. No. 9621, § 10, 9-11-03)

The city council, after receipt of the recommendation of the planning and zoning commission and the proposed modifications to the thoroughfare plan if any made pursuant to this article, shall grant preliminary approval or disapproval of the street and shall approve or disapprove any modifications to the thoroughfare plan.

(Code 1967, § 26-40(d); Ord. No. 1621, § 1, 6-26-74; Ord. No. 9621, § 11, 9-11-03)

After completion of construction of a street that has been given preliminary approval and after a determination by the city engineer that the street

meets all requirements of this Code, as provided in this article, the dedicator of the street shall present to the city council, on a form provided by the city clerk, a formal street dedication containing a metes and bounds description of the street.

(Code 1967, § 26-40(e); Ord. No. 1621, § 1, 6-26-74)

The council, upon finding that the construction of the street is in compliance with its preliminary acceptance and is constructed in compliance with this Code, shall by ordinance formally accept the dedication of the street and instruct the city clerk to record the dedication.

(Code 1967, § 26-40(f); Ord. No. 1621, § 1, 6-26-74)