ORD 2011-41 - Amend Code Ordinances - Ch 24 Land Development 07-19-2011ORDINANCE 2011 -41
AN ORDINANCE OF THE CITY OF HUNTSVILLE AMENDING CHAPTER 24
LAND DEVELOPMENT OF THE HUNTSVILLE, TEXAS MUNICIPAL CODE IN
ORDER TO CHANGE AND IMPLEMENT REGULATIONS WITH REGARDS TO
MINIMIZING FLOOD LOSSES IN THE CITY OF HUNTSVILLE; ADOPTING
NEW FLOOD INSURANCE STUDY (FIS) AND FLOOD INSURANCE RATE MAP
PERPARED FOR THE CITY BY FEMA; REQUIRING THE PUBLICATION OF
THIS ORDINANCE; PROVIDING FOR A SEVERABILITY CLAUSE;
REPEALING ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of Huntsville at their meeting on
June 16, 2011 held a public hearing prior to consideration of amending Section 403.1 Flood
Hazard District of the Development Code;
WHEREAS, the Planning and Zoning Commission recommended the amendments to Section
403.1 Flood Hazard District; and
WHEREAS, the City Council held a public hearing at their meetings on July 5, 2011 and July
19, 2011 prior to consideration of amending the Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, COUNTY OF WALKER, STATE OF TEXAS:
FINDINGS OF FACT
All of the above premises are hereby found to be true and correct legislative and factual findings
of the City of Huntsville, Texas, and are hereby approved and incorporated into the body of this
Ordinance as if copied in their entirety.
II. AMENDMENT
The Huntsville Development Code, Chapter 4 Development Districts, Section 403.1 Flood
Hazard District; Chapter 24 Land Development of the Huntsville, Texas Municipal Code shall be
amended as highlighted on Exhibit 1 attached hereto and incorporated herein and the respective
provisions within said section are amended with the highlighted language and the struck through
language is deleted from the provisions.
III. REPEALER
All ordinances or parts of ordinances in force when the provisions of this Ordinance becomes
effective which are inconsistent or in conflict with the terms and provisions contained in this
Ordinance are hereby repealed only to the extent of any such conflict.
IV. SEVERABILITY
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs and sections of this ordinance be severable, and if any phrase, clause, sentence,
paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences or sections of this ordinance, and the remainder of this
Ordinance shall be enforced as written.
V. EFFECTIVE DATE
This Ordinance shall take effect on August 16, 2011. The City Secretary shall publish the
caption of this Ordinance in the official City newspaper at least twice within ten (10) days of its
passage.
VI. PROPER NOTICE AND MEETING
It is hereby officially found and determined that the meeting at which this Ordinance was passed
was open to the public and that public notice of the time, place and purpose of said meeting was
given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code.
Notice was also provided as required by Chapter 1 of the City of Huntsville Development Code.
1st Reading - July 5, 2011
PASSED AND APPROVED on this the 19th day of July 2011.
oodward, City Secretary
AP RO/ ED S TO FORM:
d Schneider, City Attorney
THE CI Y OF HUNTSVILLE, TEXAS
J. T ,Mayor
ADOPTION OF NEW FLOODPLAIN MAPS - EXHIBIT 1
403.1 Flood hazard district
(1) Designation of flood hazard district
(a) The Flood Hazard District is the areas of the Special Flood Hazard (also known as
Special Flood Hazard Areas) subject to inundation by the base flood (1- percent-
annual- chance, previously known as 100 -year) in the City as identified in a
scientific and engineering report entitled, "The Flood Insurance Study for the
Walker County and Incorporated Areas" date effective August 16, 2011 and any
revisions thereto issued with accompanying Flood Insurance Rate Maps by the
Department of Homeland Security's Federal Emergency Management Agency
(FEMA).
The Base Flood Elevation (BFE) is 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 -A30, AR, V1 -V30, or VE that indicates the water
surface elevation resulting from the flood that has a 1% chance of equaling or
exceeding that level in any given year - also called the base flood.
(b) City Council adopts the Flood Insurance Study (FIS) and Flood Insurance Rate
Map (FIRM) dated August 16, 2011 issued for the City by FEMA effective
August 16, 2011 and any revisions thereto. The City Engineer shall maintain
copies of the FIS and FIRM.
(c) A person commits an offense if the person makes any change to improved or
unimproved real estate (including but not limited to buildings, structures,
dredging, filling, grading, paving or excavation) within the floodplain without a
development permit (reclamation of land) from the City (see Section 205 of this
Code).
(d) If a developer proposes to develop land located in an area not surveyed for Flood
Hazard according to the FIRM, then the developer shall employ an engineer to
determine the flood hazard for the proposed development.
(2) General standards for flood hazard reduction
In all areas of special flood hazards the following provisions are required for all new
construction and substantial improvements:
(a) A developer shall design (or modify) and adequately anchor all new construction
or substantial improvements to prevent flotation, collapse or lateral movement of
the structure resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy;
(b) A developer shall construct all new construction or substantial improvements by
methods and practices that minimize flood damage;
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(c) A developer shall construct all new construction or substantial improvements with
materials resistant to flood damage;
(d) A developer shall construct all new construction or substantial improvements with
electrical, heating, ventilation, plumbing, and air conditioning equipment and
other service facilities that are designed and /or located to prevent water from
entering or accumulating within the components during conditions of flooding;
(e) A developer shall design all new and replacement water supply systems to
minimize or eliminate infiltration of flood waters into the system;
(0
(g)
A developer shall design all new and replacement sanitary sewage systems to
minimize or eliminate infiltration of flood waters into the system and discharge
from the systems into flood waters; and,
A developer shall locate on -site waste disposal systems to avoid impairment to
them or contamination from them during flooding.
(3) Specific standards
In all areas of special flood hazards where base flood elevation data has been provided as set
forth in Sections 403.1(1)(a), 403.1(8)(h), 403.1 (4)(d), the following provisions are required:
(a) Residential construction
A registered professional engineer, architect or land surveyor shall submit to the
City Engineer a certification that new construction and substantial improvement
of any residential structure shall have the lowest floor (including basement)
elevated to or above the base flood elevation before the City Engineer or Building
Official issues a permit for construction or improvement.
(b) Nonresidential construction
New construction and substantial improvements of any commercial, industrial or
other nonresidential structure shall either have the lowest floor (including
basement) elevated to or above the base flood level or, 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 and effects of buoyancy. An architect or registered
professional engineer shall develop and /or review structural design,
specifications, and plans for the construction, and shall certify that the design and
methods of construction are in accordance to accepted standards of practice as
outlined in this subsection. A record of such certification which includes the
specific elevation (in relation to mean sea level) to which such structures are
floodproofed shall be maintained by the City as part of the permanent
development permit file.
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(c) Enclosures
New construction and substantial improvements, with fully enclosed areas below
the lowest floor that are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry and
exit of floodwaters. Designs for meeting this requirement must either be certified
by an architect or registered professional engineer or meet or exceed the following
minimum criteria:
1) A minimum of two (2) 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.
2) The bottom of all openings shall be no higher than one (1) foot above
grade.
3) Openings may be equipped with screens, louvers, valves, or other
coverings or devices if they allow the automatic entry and exit of
floodwaters.
(d) Manufactured homes
1) All manufactured homes to be placed within Zone A on a community's
Flood Hazard Boundary Map (FHBM) or FIRM, shall be installed using
methods and practices that minimize flood damage. For the purposes of
this requirement, manufactured homes must be elevated and anchored to
resist flotation, collapse, or lateral movement. Methods of anchoring may
include, but are not limited to, use of over - the -top or frame ties to ground
anchors. This requirement is in addition to applicable State and local
anchoring requirements for resisting wind forces.
2) All manufactured homes to be placed or substantially improved within
Zones Al -30, AH, and AE on the city's FIRM on sites (i) outside of a
manufactured home park or subdivision, (ii) in a new manufactured home
park or subdivision, (iii) in an expansion to an existing manufactured
home park or subdivision, or (iv) in an existing manufactured home park
or subdivision on which a manufactured home has incurred "substantial
damage" as a result of a flood, be elevated on a permanent foundation
such that the lowest floor of the manufactured home is elevated to or
above the base flood elevation and be securely anchored to an adequately
anchored foundation system to resist flotation, collapse, and lateral
movement.
3) Manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision with Zones A1-30, AH
and AE on the community's FIRM that are not subject to the provisions of
Section 403.1(4)of this section be elevated so that either:
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a) the lowest floor of the manufactured home is at or above the base
flood elevation, or
b) the manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are no
less than 36 inches in height above grade and be securely anchored
to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
(e) Recreational Vehicles
Recreational vehicles placed on sites within Zones A1-30, AH, and AE on the
community's FIRM must either:
1) be on the site for fewer than 180 consecutive days,
2) be fully licensed and ready for highway use, or
3) meet the permit requirements of Section 205.3 and the elevation and
anchoring requirements for "manufactured homes" in paragraph (4) of this
section. A recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick disconnect
type utilities and security devices, and has no permanently attached
additions.
(4) Standards for subdivision proposals
(a) All subdivision proposals including manufactured home parks and subdivisions
shall be consistent with the provisions of Section 204 (permit required).
(b) The developer of subdivisions including manufactured home parks and
subdivisions shall obtain a development permit (see Section 204 of this code)
prior to final platting.
(c) A developer shall generate flood elevation data for subdivision proposals and
other proposed development including the placement of manufactured home parks
and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if
not otherwise provided pursuant to Section 403.1 of this code.
(d) All subdivision proposals including manufactured home parks and subdivisions
shall have adequate drainage provided to reduce exposure to flood hazards.
All subdivision proposals including manufactured home parks and subdivisions
shall have public utilities and facilities (sewer, gas, electrical and water systems)
located and constructed to minimize or eliminate flood damage.
(e)
(5) Standards for areas of shallow flooding (AO /AH Zones)
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DRAFT 06 -17 -2011
Located within the areas of special flood hazard established in Section 403.1(1)(, are areas
designated as shallow flooding. These areas have special flood hazards associated with base
flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where
the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow; therefore, the following provisions apply:
(a) All new construction and substantial improvements of residential structures shall
have the lowest floor (including basement) elevated above the highest adjacent
grade at least as high as the depth number specified in feet on the City's FIRM (at
least two feet if no depth number is specified).
(b)
All new construction and substantial improvements of nonresidential structures:
1) shall have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as the depth number specified in
feet on the city's FIRM (at least two (2) feet if no depth number is
specified), or;
2) 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 of effects of buoyancy.
(c) A registered professional engineer or architect shall submit a certification to the
City Engineer that shall become part of the permanent development permit file
that the standards of Section 403.1 are satisfied.
(d) Within Zones AH or AO the developer shall provide adequate drainage paths
around structures on slopes, to guide flood waters around and away from
proposed structures.
(6) Floodways
Floodways are located within areas of special flood hazard established in Section 403.1 (1).
Since the floodway is an extremely hazardous area due to the velocity of flood waters that carry
debris, potential projectiles and erosion potential, the following provisions shall apply:
(a) Encroachments are prohibited, including fill, new construction, substantial
improvements and other development unless it has been demonstrated through
hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that the proposed encroachments shall not result in any
increase in flood levels within the City during the occurrence of the base flood
discharge.
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(b) Where Section 403.1 (6)(a) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions
of Sections 403.1 (2) and 403.1(3)
(7) Designation of the Floodplain Administrator
City Council appoints the City Engineer as the Floodplain Administrator to administer and
implement the provisions of this code and other appropriate sections of 44 CFR (National Flood
Insurance Program Regulations) on floodplain management.
(8) Duties and responsibilities of the Floodplain Administrator
Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to,
the following:
(a) Maintain and hold open for public inspection all records concerning the
provisions of this section;
(b) Review permit applications to determine whether proposed building sites,
including the placement of manufactured homes, will be reasonably safe from
flooding;
(c) Review, approve or deny all applications for development permits required by
adoption of this section;
(d) Review permits for proposed development to assure that all necessary permits
have been obtained from those Federal, State or local governmental agencies
(including Section 404 of the Federal Water Pollution Control Act Amendments
of 1972, 33 U.S.C. 1334) from which prior approval is required;
(e) Determine the flood hazard boundary line where interpretation is needed as to the
exact location of the boundaries of the areas of special flood hazards (for
example, where there appears a conflict between a mapped boundary and actual
field conditions); the Floodplain Administrator shall make the necessary
interpretation.
(f) Notify, in riverine situations, adjacent communities and the State Coordinating
Agency which is the Texas Water Development Board (TWDB), before any
alteration or relocation of a watercourse, and submit evidence of such notification
to FEMA;
(g)
Assure that the flood carrying capacity within the altered or relocated portion of
any watercourse is maintained;
(h) Obtain, review and use any base flood elevation data and floodway data available
from a Federal, State or other source, to administer the provisions of the section
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(i)
when base flood elevation data has not been provided according to Section 403.1
(1)(and
Require that no new construction, substantial improvements, or other
development (including fill) shall be permitted within Zones A1-30 and AE on the
City's FIRM, when a regulatory floodway has not been designated, unless the
developer shows 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.
(9) Variance procedures; appeals to Zoning Board of Adjustment
A developer may appeal a decision of the City Engineer when the developer alleges there has
been an error in any requirement, decision or determination in the enforcement or administration
of the floodplain hazard district regulations. The procedure for an appeal shall be according to
the hardship relief procedures contained in Section 104 of this Code. The City Engineer shall
maintain a record of all actions involving an appeal and shall report variances to FEMA upon
request.
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 205.3(2) of this
code have been fully considered. As the lot size increases beyond the one -half acre, the technical
justification required for issuing the variance increases.
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 ordinance.
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.
The Zoning Board of Adjustment shall not issue a variance within any designated floodway if
any increase in flood levels during the base flood discharge would result. Prerequisites for
granting variances are:
(a) The Zoning Board of Adjustment shall issue a variance only upon a determination
that the variance is the minimum necessary, considering the flood hazard, to
afford relief.
(b) The Zoning Board of Adjustment shall issue a variance only upon, (1) applicant
showing a good and sufficient cause; (2) a determination that failure to grant the
variance would result in exceptional hardship to the applicant; and (3) a
determination that the granting of a variance will not result in increased flood
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DRAFT 06-17-2011
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.
(c) The Zoning Board of Adjustment shall give any applicant to whom it grants a
variance written notice that the structure will be permitted to be built with the
lowest floor elevation below the base flood elevation, and that the cost of flood
insurance will be commensurate with the increased risk resulting from the
reduced lowest floor elevation. This notice shall be filed in the deed records
affecting the property.
(d) The Zoning Board of Adjustment may grant a variance for new construction and
substantial improvements and for other development necessary for the conduct of
a functionally dependent use if: (1) the criteria outlined in Sections 104 and 403.1
(9) 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.
(10) Statutory Authority
The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code,
Section 16.315, delegated the responsibility of local governmental units to adopt regulations not
less stringent than the requirements and criteria of the NFIP designed to minimize flood losses.
(11) Statement of Purpose
It is the purpose of this section to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
(a) Protect human life and health;
(b) Minimize expenditure of public money for costly flood control projects;
(c) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(d) Minimize prolonged business interruptions;
(e) Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in floodplains;
(0
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,
(g) Insure that potential buyers are notified that property is in a flood area.
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(12) Warning and Disclaimer of Liability
The degree of flood protection required by this ordinance is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. On rare occasions greater
floods can and will occur and flood heights may be increased by man-made or natural causes.
This ordinance does not imply that land outside the areas of special flood hazards or uses
permitted within such areas will be free from flooding or flood damages. This ordinance shall
not create liability on the part of the community or any official or employee thereof for any flood
damages that result from reliance on this ordinance or any administrative decision lawfully made
hereunder.
(13) Abrogation and Greater Restrictions
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this ordinance and another ordinance, easement, covenant,
or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
REVISED FEBRUARY 16, 20 10 9 CITY OF HUNTSVILLE, TEXAS
AGREEMENT FOR LEGAL SERVICES
The parties hereto, the City of Huntsville, Walker County, Texas, a Home Rule City having been
incorporated under the laws of the State of Texas, hereinafter referred to as "the City" or "Huntsville," and Liles
Parker PLLC, hereinafter referred to as "City Attorney," enter into this contract and agreement for legal
representation of the City of Huntsville as City Attorney, and the parties mutually agree as follows:
1. The City Attorney represents to Huntsville that the firm of Liles Parker PLLC is competent in the
area of municipal law and can effectively represent the interests of Huntsville in accordance with
usual and customary duties of a City Attorney.
2. Leonard V. Schneider shall be chief responsible legal counsel and represents he will maintain a valid
license to practice law in the State of Texas while representing Huntsville. He may be assisted by
other attorneys associated with the firm of Liles Parker PLLC.
3. The City Attorney shall maintain an Errors and Omissions Policy of at least $2,000,000.00
throughout the legal representation of Huntsville, unless otherwise agreed.
4. The City Attorney shall be deemed the chief legal officer of the City and, with the exception of bond
issues and municipal prosecution, he shall represent the City in all matters pending in any forum
without further specific authorization of the City Council of the City. In addition, the City Attorney
shall perform such other legal services as shall be required and provided for under the Charter and
Code of Ordinances of the City as requested by the City Council, Mayor, or City Manager of
Huntsville.
5. The City Attorney shall represent Huntsville in litigation and legal proceedings and shall appear
before all official bodies, boards, and commissions of Huntsville as may be requested by the Mayor,
City Manager, or City Council of Huntsville, it being understood, however, that City Council may
retain special counsel at any time it deems such necessary and appropriate. As requested by the
City Council, Mayor, or the City Manager, the City Attorney shall render opinions and
memorandums of law on contracts, legal instruments, and ordinances, and provide legal advice in
accordance with the City Charter of Huntsville.
6. That in consideration for the appointment made herein, the City Attorney shall perform all services
required in a professional manner and in accordance with all applicable rules and laws, including
conflict of interest provisions relating to legal services. This appointment shall be from and after
the 19th day of July 2011 and shall continue unless terminated by either party in accordance with
the terms herein.
7. Huntsville agrees that the compensation for the services of said City Attorney shall be as follows:
$170 per hour for attorney services, together with incurred expenses, as requested and
rendered on or after the 19th day of July 2011, until the attorney services are terminated,
as provided for in Section 8 below, or amended in writing. City Attorney shall render an
itemized statement for services rendered and expenses incurred on a monthly basis.
8. In the event either party to this Agreement, Huntsville or the City Attorney, shall desire
termination of this Agreement, the same may be terminated by either party hereto by giving