The Legislature of the State of Texas has in the Flood Control
and Insurance Act, Texas Water Code, Section 16.315, delegated the
responsibility of local governmental units to adopt regulations designed
to minimize flood losses.
(Ordinance O-19-015, sec. 1, adopted 5/2/19)
(a)
The flood hazard areas of the City of Brenham 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,
and impairment of the tax base, 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 increase 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, or
otherwise protected from flood damage.
(Ordinance O-19-015, sec. 1, adopted 5/2/19)
It is the purpose of this chapter to promote the public health,
safety, and general welfare and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
(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 areas of special flood hazard;
(6)
Help maintain a stable tax base by providing for the sound use and
development of the flood-prone area in such a manner as to minimize
future flood blight areas;
(7)
Ensure that potential buyers are notified that property is in a flood-prone
area; and
(8)
Ensure that those who occupy the flood-prone area assume responsibility
for their actions.
(Ordinance O-19-015, sec. 1, adopted 5/2/19)
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 times of flood, or 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 may increase flood hazards to other
lands.
(Ordinance O-19-015, sec. 1, adopted 5/2/19)
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:
A structure which is located on the same parcel of property
as the principal structure, the use of which is incidental to the
use of the principal structure.
Any alteration to an existing structure that increases its
footprint.
A request for a review of the interpretation of any provision
of this chapter or a request for a variance.
The land area that would be inundated by the one (1) percent
annual chance (one-hundred-year) flood based on future conditions
hydrology.
A designated AO, AH, AR/AO, AR/AH, or VO zone on the flood
insurance rate map (FIRM) with a one (1) percent or greater annual
chance of flooding to an average depth of one (1) to three (3) feet;
a clearly defined channel does not exist; the path of flooding is
unpredictable and indeterminate; and velocity flow may be evident.
AO is characterized as sheet flow and AH indicates ponding.
The land in the floodplain within a community subject to
a one (1) percent or greater chance of flooding in any given year.
The area may be designated as zone A on the flood hazard boundary
map (FHBM). After detailed rate making has been completed in preparation
for publication of the FIRM, zone A usually is refined into zone A,
AO, AH, A1–30, AE, A99, AR, AR/A1–30, AR/AE, AR/AO, AR/AH,
AR/A, VO, V1–30, VE or V.
The flood having a one (1) percent chance of being equaled
or exceeded in any given year.
The elevation shown on the flood insurance rate map (FIRM)
and found in the accompanying flood insurance study (FIS) for zone
A, AE, AH, A1–A30, AR, V1– V30, or VE that indicates the
water surface elevation resulting from the flood that has a one (1)
percent chance of equaling or exceeding that level in any given year;
also called the “base flood.”
Any area of the building having its floor subgrade (below
ground level) on all sides.
Open wood lattice, insect screening or any other suitable
building material approved by the city engineer which is not part
of the structural support of the associated structure and which is
intended to collapse under wind and water loads without causing collapse,
displacement or other structural damage to the elevated portion of
the structure or damage to the structural integrity of the structure
on which breakaway walls are installed.
A permit issued to a developer by the city for site work
and/or construction of water, sanitary, or natural gas mains.
The flow of water during the base flood with a velocity that
is greater than one (1) foot per second or a depth that is greater
than one (1) foot.
An enclosed area below the lowest floor of a building formed
when the foundation walls are used to elevate the lowest floor above
the base flood elevation.
Facilities that materially affect the public health and welfare.
Such facilities include, but are not be limited to:
Hospitals, nursing homes, and housing likely to contain occupants
who may not be sufficiently mobile to avoid death or injury during
a flood;
Police stations, fire stations, vehicle and equipment storage
facilities, and emergency operations centers that are needed for flood
response activities before, during, and after a flood;
Public and private utility facilities that are vital to maintaining
or restoring normal services to flooded areas before, during and after
a flood; and
Structures or facilities that produce, use, treat, store, or
dispose of highly volatile, flammable, explosive, toxic, and/or water-reactive
materials.
An integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire
system would be compromised.
Any manmade change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, clearing, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials. Fences or fence-type
walls located within the floodplain are included within this definition.
A permit issued under the provisions of this chapter for
any development of a site located within a flood-prone area. The term
“development permit” shall also include a permit for the
placement of a recreational vehicle for more than one hundred eighty
(180) days in zone AE.
for insurance purposes, a non-basement building which has
its lowest elevated floor raised above ground level by foundation
walls, shear walls, posts, piers, pilings, or columns.
A statement from an engineer or surveyor licensed by the
Texas Board of Professional Engineers on the most current FEMA form
certifying that the lowest floor of the structure has been elevated
at least as high as required by this chapter.
for the purposes of determining flood insurance 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. The term “existing construction” may also be
referred to as “existing structures.”
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
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by the city.
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 pouring of concrete
pads).
Any material that is placed in an area and increases the
elevation of that area or displaces water volume.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of mudslide (i.e., mudflow)
and/or flood-related erosion hazards.
An official map of a community, on which the Federal Emergency
Management Agency has delineated both the special flood hazard areas
and the risk premium zones applicable to the community.
See “flood elevation study.”
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
area 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 specialized flood modifying works are those constructed in conformance
with sound engineering standards.
Any land area, including the special flood hazard area, susceptible
to being inundated by water from any source (see “flood”).
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.
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term “floodplain management
regulations” describes such state or local regulations, in any
combination thereof, which provide standards for the purpose of flood
damage prevention and reduction.
Any combination of structural and nonstructural 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.
A certificate issued by a registered professional engineer
licensed by the Texas Board of Professional Engineers which states
that the engineer has developed and/or reviewed the structural design,
specifications, and plans for the construction of the structure or
improvements covered by the certificate and that the design and methods
of construction are in accordance with accepted standards of practice
for meeting the following requirements:
The flood proofing methods used are adequate to withstand the
flood depths, pressures, velocities, impact and uplift forces and
other factors associated with the base flood; and
Together with attendant utility and sanitary facilities, the
structures are designed so that below the base flood level the structures
are watertight with walls impermeable to the passage of water and
with structural components having the capability of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy.
See “regulatory floodway.”
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term “functionally
dependent use” includes only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers,
and ship building and ship repair facilities, but does not include
long-term storage or related manufacturing facilities.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
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
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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.
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.
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 nonelevation design requirements of this chapter set forth in section 8 1/2-13.
A structure, transportable in one (1) or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term “manufactured home” does not include a recreational
vehicle.
A parcel (or contiguous parcels) of land divided into two
(2) or more manufactured home lots for rent or sale.
for purposes of the National Flood Insurance Program, the
North American Vertical Datum (NAVD) of 1988 or other datum, to which
base flood elevations shown on a community’s flood insurance
rate map are referenced.
For the purpose 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, the term “new construction” means
structures for which the start of construction commenced on or after
the effective date of a floodplain management regulation adopted by
the city and includes any subsequent improvements to such structures.
The initial construction of a structure.
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
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by the city.
A vehicle which is:
Built on a single chassis;
Four hundred (400) square feet or less when measured at the
largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
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.
Flood-related damages sustained by a structure on two (2)
separate occasions during a ten-year period for which the cost of
repairs at the time of each such flood event, on the average, equals
or exceeds twenty-five (25) percent of the market value of the structure
before damage occurred.
Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
The land in the floodplain within the city that is subject
to a one (1) percent or greater chance of flooding in any given year
and is designated on the FIRM as zone AE.
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
one hundred eighty (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 stage
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.
For floodplain management purposes, a walled and roofed building
including a gas or liquid storage tank that is principally above ground,
as well as a manufactured home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed fifty (50) percent of the market value of the structure
before the damage occurred.
The term “substantial improvement” means any repair,
reconstruction, rehabilitation, addition, or other improvement of
a structure, the cost of which equals or exceeds fifty (50) percent
of the market value of the structure either:
Before “start of construction” of the improvement
or repair; or
If the structure has been damaged and is being restored, before
the damage occurred. For the purposes of this definition, the term
“substantial improvement” is considered to occur when
the first alteration of any wall, ceiling, floor, or other structural
part of the building commences, whether or not that alteration affects
the external dimensions of the structure.
The term “substantial improvement” includes repetitive
loss, as defined in this section; substantial damage, regardless of
the actual repair work performed, but does not include either:
Any project for improvement of a structure 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
Any alteration of a historical structure provided that the alteration
will not preclude the structure’s continued designation as a
historical structure.
All building utilities including, but not limited to, electrical,
heating, ductwork, ventilating, plumbing, air conditioning equipment,
and any other service facilities.
A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. (See section 8 1/2-11 and section 60.6 of the National Flood Insurance Program regulations.)
The failure of a structure or other development to be fully
compliant with the city’s floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
this chapter is presumed to be in violation until such time as that
documentation is provided.
The height, in relation to the North American Vertical Datum
(NAVD) of 1988 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine
areas.
(Ordinance O-19-015, sec. 1, adopted 5/2/19)
(a)
Lands to which this chapter applies.
This chapter shall
apply to all flood-prone areas within the jurisdiction of the City
of Brenham.
(b)
Basis for establishing flood-prone areas.
The special
flood hazard area identified by the Federal Emergency Management Agency
in the current scientific and engineering report entitled, “The
Flood Insurance Study for Washington County, Texas,” dated May
16, 2019, with accompanying flood insurance rate maps, dated May 16,
2019, and any revisions thereto, are hereby adopted by reference and
declared to be a part of this chapter. In addition to the special
flood hazard area, the city engineer, with approval of the city council
by resolution, may designate by maps certain other areas to be flood-prone
based on flood history or other characteristics that indicate a potential
for future flooding events.
(c)
Compliance.
No structure or land shall hereafter be
located, altered, or have its use changed without full compliance
with the terms of this chapter and other applicable regulations.
(d)
Violation is a misdemeanor.
Any person who shall intentionally,
knowingly, recklessly, or with criminal negligence, violate any provision
of this chapter shall be deemed guilty of a misdemeanor.
(e)
Abrogation and greater restrictions.
This chapter is
not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this chapter and another
chapter, easement, covenant, or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
(f)
Interpretation.
In the interpretation and application
of this chapter, all provisions shall be:
(g)
Warning and disclaimer of liability.
The degree of flood
protection required by this chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood heights
may be increased by manmade or natural causes. This chapter does not
imply that land outside the flood-prone areas or uses permitted within
such areas will be free from flooding or flood damages. This chapter
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 chapter or any administrative decision lawfully made hereunder.
(Ordinance O-19-015, sec. 1, adopted 5/2/19)
