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HomeMy WebLinkAboutPACKET JUL 09 2002 �� La L� ° K. City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 9, 2002 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items Consent Agenda GENERAL BUSINESS 1. Consider approving an application requesting FY 2002 Local Law Enforcement Block Grant funds from the Department of Justice 2. Consider a request to adopt a new floodplain ordinance WORK SESSION * FY 2003 Budget Review revised proposal from the Metropolitan YMCA COMMENTS Councilmembers comment on various matters k City Manager's Report * Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. 1 July 9, 2002 Council consider approving an application requesting FY 2002 Local Law Enforcement Block Grant funds from the Department of Justice I City o f Beaumont Le g Council Agenda Item ' ' K TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen J. Bonczek, City Manager MEETING DATE: July 9, 2002 AGENDA MEMO DATE: July 3, 2002 REQUESTED ACTION: Council approval of an application requesting FY2002 Local Law Enforcement Block Grant program for submittal to the Department of Justice, Bureau of Justice Assistance allocating funds among City of Beaumont, Port Arthur and Jefferson County RECOMMENDATION The Administration request approval of an application requesting LLEBG funds, providing an allocation of 10% to Jefferson County with the remaining 90% of funds allocated by formula to Beaumont and Port Arthur. BACKGROUND The City of Beaumont has received funds from the Local Law Enforcement Block Grant (LLEBG) program since 1976 to address important community law enforcement needs. LLEBG funds are allocated based on the incidence ofpart one-violent crimes in the jurisdiction. Previously, Jefferson County has not challenged the funding allocation from the LLEBG program. Attached is a listing of how the LLEBG funds were utilized in fiscal year 2001. The City received $315,252 with the City's match of$35,028 resulted in total funds of$350,280. The money was used for equipment, programs and overtime for police. There is a listing of all the various programs and equipment that was purchased including D.A.R.E,Domestic Violence Task Force, Public Housing, Citizens on Patrol, Police Activities League, Citizens Police Academy, Police Explorers and also mobile video units,computer hardware,MDC replacements,cellular phones,SWAT equipment and overtime for bicycle,park and targeted patrols throughout the year. These funds are very important to the efficient operation of the Beaumont Police Department in meeting its mission to protect and serve our community from all potential threats. For Fiscal Year 2002, the Attorney General for the State of Texas has certified the disparity and funding for entities in Jefferson County. The certification requires that the cities of Beaumont, Port Arthur collaborate with Jefferson County on apportionment of the grant funds. The process permits but does not require a joint application from all three entities. If no agreement is reached,then none of the jurisdictions may apply for funding which would result in significant loss of program and equipment resources for the Beaumont Police Department. For Fiscal Year 2002 there's a total of $380,794 allocated with $276,288, 73% of the funds designated to Beaumont based on a population of 113,866 or 46%of the county's population. Port Arthur with a population of 57,755, or 23% of the county's population is scheduled to receive $104,506,which is 27%of the funds. Jefferson County is concerned that if this allocation continues that 31%of the county's population,living either in other cities or in the unincorporated county will not directly benefit from the use of funds allocated to Beaumont and Port Arthur. After telephone discussions and meetings between the City Managers of Beaumont and Port Arthur and the County Judge Assistant, the two cities have offered to share 10% of the funding allocation with Jefferson County, which is approximately$38,000 based on the current formula. The position of Jefferson County is that they receive 15 to 20%and have recommended 18%which is$68,543 or $30,000 more which was offered by the cities. If the cities agree to the $68,543, that would leave $312,251 remaining to be disbursed with Beaumont receiving $227,943 and Port Arthur receiving $84,308, which results in a loss to the City of Beaumont of$48,345 or(18%). In analysis of prior year allocations and proposed allocations show a large variation in the percentage amount shared among cities and the county of jurisdiction. There has been a disparity in the funding appropriation among Jefferson County, the cities of Beaumont and Port Arthur since 1996 when the funds became available. The County has not challenged the disparity of funding until Fiscal year 2002. In Fiscal year 2000, the allocation of LLEBG Funds was Jefferson County,$11,090,Beaumont$290,874 and Port Arthur, $247,000 for the total allocation of$449,211. In Fiscal Year 2001,Jefferson County received$10,244,Beaumont, $315,252 and Port Arthur, $138,450 of the total allocation of$464,146. If you average Jefferson County's LLEBG allocation for the past two years, it is approximately $10,767. If the administration's recommendation of 10% is approved, Jefferson County would realize an additional $27,312 which is a 254% increase. If the County's proposal is accepted, this would reflect an increase of$57,776 or 537 % increase over fiscal year 2001. The City's offer of sharing 10%will provide a significant increase in Jefferson County's funding and is fair based on prior years allocations. If there is to be any increased sharing with the county among the cities,that could occur after discussion and review in future years. This comes at a time when proposed budgets and programs are being finalized. The City is facing a $2.5 million deficit and needs to be diligent in preserving all federal and state funding sources. BUDGETARY IMPACT The Administration proposal results in a loss of$27,623 in FY2002 LLEBG funds for City law enforcement services. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief of Police. RECOMMENDED MOTION Approve/Deny submitting an application requesting LLEBG funds,providing an allocation of 10% to Jefferson County with the remaining 90% of funds allocated by formula to Beaumont and Port Arthur. so ` 1 4 f i� ..l geamuea await#@AUfAOU s Btmuwawt 40¢835-8164 eA 0. Box 4013 f.v6dk"40AL727-VOY,coL 8466 2 m AnuW4 Mau 77701 (?� rA=W&4~3¢23t f 12 �1 .tune 25, 2002 via facsimile 880-31121982-6743 Steve Bonczek, City Manager Steve Fitzgibbons, City Manager City of Beaumont City of Port Arthur P. O. Box 3708 P. O. Box 1089 Beaumont, Texas 77704 Port Arthur, Texas 77641 Dear Steve and Steve: I am writing to follow up on our conversations regarding the Local Law Enforcement Block Grant Program. As you know, block grant funds are allocated based on the incidence of Part I violent Crimes in a given jurisdiction. Jefferson County challenged this formula as far back as 1996 on the basis that the cost of incarceration and prosecution of Part I violent offenders is a burden shared equally by all of the taxpayers of Jefferson County, those living in the cities of Beaumont and Port Arthur and those living either in other incorporated cities or the unincorporated county. As we have discussed, the Attorney General has certified that the disparity in funding for entities in Jefferson County,which based on Part I violent crimes, "is likely to threaten the efficient administration of justice."This certification requires that the cities of Beaumont and Port Arthur collaborate with Jefferson County on apportioning the grant funds. The process permits but does not require a joint application from all three entities. If no agreement is reached,none of the jurisdictions may apply for funding. There is a total of$380,794 allocated, with $276,288 (73 percent of the funds) allocated to Beaumont (which has a population of 113,866, or 46 percent of the county's population). Port Arthur(with a population of 57,755,or 23 percent of the county's population) is scheduled to receive $104,506 (27 percent of the funds). If this allocation stands, the 80,430 people(31 percent of the county's population)living either in other cities or in the unincorporated county will not benefit from the grant funds. Steve Bonczek and Steve Fitzgibbons June 25, 2002 Page 2, We believe the most equitable division of the funds would be based on population, or 46 percent to Beaumont, 23 percent to Port Arthur and 31 percent to the county and/or the other incorporated cities in Jefferson County. As a compromise, I suggested 15 to 20 percent. Steve Bonczek suggested 10 percent,while Steve Fitzgibbons suggested that two percent was more in line with what other counties were receiving. I researched the issue and have come to a different conclusion. First, it is important to recognize that the numbers provided by the Attorney General are the allocations proposed by the Justice Department. Each of these counties and the cities in them are in the same situation Jefferson County and the cities of Beaumont and Port Arthur are in; that is, they are required to negotiate a split. I contacted the Justice Department and learned that many cities and counties split the funding equally. These include Bexar,Dallas, Harris, Lubbock and others. In other cases,the cities and counties alternate; that is, one year the county takes all the funding and in the next year the city takes it. In light of this, we will likely have to revisit this issue next year. Even with the amounts proposed by the Justice Department, I calculated the split for every county scheduled to receive funds and found that the average is not two percent,but 18 percent. Keep in mind, however, that in almost every case, the cities and counties are negotiating splits that send significantly greater amounts to the counties. I am prepared to recommend to the Commissioners Court that, for this year only,we agree to 18 percent of the total, or$68,543. This would leave $312,251. If the percentage split remains the same, Beaumont would receive $227,943 and Port Arthur would receive$84,308. I would remind you that the deadline for submitting our application(s) is July 17. Please call me if you would like to discuss this issue further. Sincerely, J 4 Jo n AssistanE Lo the County Judge cc: Commissioners Court County Auditor Beaumont Police Department Local Law Enforcement Block Grant FY 2001 Funds Amount Local Law Enforcement Block Grant Award $315,252 City Match $35,028 Total Funds $350,280 Purpose Area Allocations Overtime $45,000 Equipment/ Programs $305,280 Total Purpose Areas $350,280 Program Allocation Chicken Club $2,000 Dare/Adopt A Cop $20,000 Domestic Violence Task Force/ Public Housing $10,000 Citizens on Patrol $10,000 Police Activities League $15,000 YALE (Youth Academy of Law Enforcement) $2,000 Citizens Police Academy $2,000 Police Explorers $2,000 Total Programs $63,000 Equipment/ Program Costs Include: Overtime Costs Include: Mobile Video Units Holiday Bicycle Patrols Computer Hardware Park Patrols Computer Software Targeted Patrols ( High Crime Areas; Robbery MDC Replacement/Repairs Task Force etc.) Office Equipment( Fax Machines; Copiers; Typewriters etc.) Cellular Phones SWAT Equipment SRT Equipment Traffic Radar Units and Radar Trailers Firearms Range Equipment and Improvements 2 July 9, 2002 Council consider a request to adopt a new floodplain ordinance Cit y of Beaumont •�• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 9, 2002 AGENDA MEMO DATE: June 28, 2002 REQUESTED ACTION: Council consider a request to repeal the existing floodplain ordinance, and adopt a new floodplain ordinance. RECOMMENDATION The Administration recommends approval of a request to repeal the existing floodplain ordinance, and adopt a new floodplain ordinance. BACKGROUND The City of Beaumont will have a new FIRM (Federal Insurance Rate Map), effective August 6, 2002. To remain a participant in the NFIP(National Flood Insurance Program), FEMA is requiring that the city revise its floodplain ordinance to include specific information. Changes to the ordinance include a new elevation requirement for the lowest floor of a new or substantially improved structure. The existing requirement is one foot(P) above BFE (Base Flood Elevation). Research shows that a substantial insurance benefit is available with an additional six inches(6"). Savings in insurance costs by the property owners, due to an increase in elevation will outweigh any initial anguish it may cause. Recreational vehicles have not been addressed in the past. This new ordinance requires that if they are in a flood hazard area they either be licensed, road ready and on site for fewer than 180 consecutive days, or, elevated and anchored as a manufactured home. Other changes include specifics for enclosures below BFE, standards for manufactured homes, additional definitions, required information for permits, and a penalty clause. Much of the new ordinance includes the same information,but is reworded or reorganized. FEMA suggested that we use their model ordinance, as they have successfully defended it in courts of law several times over. BUDGETARY IMPACT None. PREVIOUS ACTION The existing ordinance was adopted on December 12, 1984. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Executive Assistant to City Manager/Economic Development Director, Planning Manager and the Floodplain Administrator. RECOMMENDED MOTION Approve/Deny a request to repeal the existing floodplain ordinance, and adopt a new fl000dplain ordinance. FLOOD DAMAGE PREVENTION ORDINANCE CHAPTER 6, ARTICLE III, DIVISION I STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS SECTION 60.25 STATUTORY AUTHORIZATION The Legislature of the State of Texas has in Sections 16.3145 & 16.315 of the Texas Water Code, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore,the City Council of The City of Beaumont, Texas, does ordain as follows: SECTION 60.26 FINDINGS OF FACT 1. The flood hazard areas of The City of Beaumont 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. 2. These flood loses 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 hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. SECTION 60.27 STATEMENT OF PURPOSE It is the purpose of this ordinance 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. Insure that potential buyers are notified that property is in a flood area. SECTION 60.28 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance 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 flood waters; 4. Control filling, grading, dredging and other development which may increase flood damage; 5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. SECTION 60.29 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. 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. 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 a review of the Floodplain Administrator's interpretation of any provisions of this article or a request for a variance as defined in the Section. AREA OF SHALLOW FLOODING-means a designated AO,AH,or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is 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 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 Zones A, AE, AH, AO, Al-99, VO, V1-30,VE or V. BASE FLOOD-means the flood having a one percent chance of being equalled or exceeded in any given year. BASEMENT - means any area of the building having its floor subgrade (below ground level) on all sides. 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. DEVELOPMENT - means any man-made change in improved and 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. ELEVATED BUILDING - means a non-basement building (i) built, in the case of a building in Zones Al-30, AE,A, A99, AO, AH,B, C,X,and D,to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V,to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns(posts and piers), or shear walls parallel to the floor of the water and(ii)adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones Al-30,AE,A,A99,AO,AH,B, C,X,and D, "elevated building"also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case ofZones V 1-30,VE,or V,"elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls if the breakaway walls met the standards of Section 60.3(e)(5)of the National Flood Insurance Program regulations. EXISTING CONSTRUCTION-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 construction" may also be referred to as "existing structures." 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 pouring of concrete pads) is completed 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 pouring of concrete pads). FLOOD OR FLOODING - means 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. FLOOD INSURANCE RATE MAP (FIRM) -means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY - is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles,water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map. FLOODPLAIN OR FLOOD-PRONE AREA-means any land area susceptible to being inundated by water from any source(see definition of flooding). 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. 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 specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOOD PROOFING-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 (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. 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 ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE-means the highest natural elevation ofthe ground surface prior to construction next to the proposed wails of a structure. HISTORIC STRUCTURE - means any structure that is: I. 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; 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 to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4. Individually listed on a local inventory or 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. LEVEE -means a man-made 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, or levees, 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 or 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 Section 60.3 of the National Flood insurance Program regulations. MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term"manufactured 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. 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 Flood Insurance Rate Map are referenced. NEW CONSTRUCTION - means, 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, "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 pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self- propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,camping,travel,or seasonal use. 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 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 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 - means a walled and roofed building, including a gas or liquid storage tank,that is principally above ground, as well as a manufactured home. 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 structure, the cost of which equals or exceeds 50 percent of the market value of the structure before"start of construction"of the improvement. This includes structures which 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 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 conditions or 2. Any alteration of a"historic structure",provided that the alteration will not preclude the structure's continued designation as a"historic structure." VARIANCE - is a grant of relief to a person from the requirement of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) VIOLATION-means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 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 of various magnitudes and frequencies in the floodplains of coastal or riverine areas. DIVISION 2 GENERAL PROVISIONS SECTION 60.30 LANDS TO WHICH THIS ORDINANCE APPLIES The ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of Beaumont. SECTION 60.31 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for the City of Beaumont," dated August 6, 2002, with accompanying Flood Insurance Rate Maps and Flood Boundary- Floodway Maps(FIRM and FBFM)and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. SECTION 60.32 ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be required to ensure conformance with the provisions of this ordinance. SECTION 60.33 COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. SECTION 60.34 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. SECTION 60.35 INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be; 1. considered as minimum requirements; 2. liberally construed in favor of the governing body;and 3. deemed neither to limit nor repeal any other powers granted under State statutes. SECTION 60.36 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 raze 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 thereunder. DIVISION 3 ADMINISTRATION SECTION 60.37 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The Planning Manager, or his appointee, is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations)pertaining to floodplain management. SECTION 60.38 DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: 1. Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. 2. Review permit application to determine whether 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 adoption of this ordinance. 4. 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. 5. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (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 Texas Department of Water Resources, 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 data has not been provided in accordance with Article 3, Section B, 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 the provisions of Article 5. 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 Al-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 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations,a community may approve certain development in Zones Al-30,AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA. SECTION 60.39 PERMIT PROCEDURES Application for a Development Permit, in the floodplain, shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally,the following information is required: 1. Elevation(in relation to mean sea level), of the lowest floor (including basement)of all new and substantially improved structures; 2. Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; 3. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5, Section B(2); 4. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. 5. Maintain a record of all such information in accordance with Article 4, Section (13)(1). Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance 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 and 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 flood waters 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; 10. The relationship of the proposed use to the comprehensive plan for that area. SECTION 60.40 VARIANCE PROCEDURES 1. The Board of Adjustment shall hear and render judgement on requests for variances from the requirements of this ordinance. 2. The Board of Adjustment shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. 3. Any person or persons aggrieved by the decision of the Board of Adjustment may appeal such decision in the courts of competent jurisdiction. 4. The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. 5. 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. 6. 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 C(2) of this Article have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. 7. Upon consideration of the factors noted above and the intent of this ordinance,the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Article 1, Section Q. 8. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 9. 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. 10. Prerequisites for granting variances: a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. b) Variances shall only be issued upon, 1) 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 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) Any application to whom a variance is granted shall be given 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. 11. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: a) the criteria outlined in Article 4, Section D(1)-(9) are met, and b) 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. DIVISION 4 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION 60.41 GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements. 1. All new construction or 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 with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located a minimum of one foot six inches(1'6")above the base flood elevation, so as to prevent water from entering or accumulating within the components during conditions of flooding. Tanks shall be vented a minimum of one foot six inches(1'6") above the base flood elevation. 5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; 6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, 7. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding, SECTION 60.42 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in(i)Article 3, Section B, (ii)Article 4, Section B(8), or(iii) Article 5, Section C(3), the following provisions are required: 1. Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated a minimum of one foot six inches (1' 6") above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Article 4, Section C(1)a., is satisfied. 2. Nonresidential Construction -new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated a minimum of one foot six inches (1' 6") above the base flood level or together with attendant utility and sanitary facilities, be designed so that a minimum of one foot six inches (1' 6") above and 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. A registered professional engineer or architect 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 with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation(in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. I Enclosures- new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b) The bottom of all openings shall be no higher than one foot above grade. c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 4. Manufactured Homes - a) Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes ofthis 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. b) Require that manufactured homes that are placed or substantially improved within Zones Al-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or(iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, 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. c) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones Al-30, AH and AE on the community's FIRM that are not subject to the provisions of paragraph(4)of this section be elevated so that: 1) the lowest floor of the manufactured home is a minimum of one foot six inches(1'6") above the base flood elevation, and 2) 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. 5. Recreational Vehicles-Require that recreational vehicles placed on sites within Zones Al-30, AH, and AE on the community's FIRM either: a) be on the site for fewer than 180 consecutive days, b) be fully licensed and ready for highway use, or c) meet the permit requirements of Article 4, Section C(1), 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. SECTION 60.43 STANDARDS FOR SUBDIVISION PROPOSALS 1. All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this ordinance. 2. All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this ordinance. 3. Base flood elevation data shall be generated 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 Article 3, Section B or Article 4, Section B (8) of this ordinance. 4. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. 5. All subdivision proposals including the placement of 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. SECTION 60.44 STANDARDS FOR AREAS OF SHALLOW FLOODING(AO/AH ZONES) Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 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: I. All new construction and substantial improvements of residential structures 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 community's FIRM (at least two feet if no depth number is specified). 2. All new construction and substantial improvements of non-residential structures; a) 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 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 of effects of buoyancy. 3. A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C (I)a., are satisfied. 4. Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. SECTION 60.45 FLOODWAYS Floodways - located within areas of special flood hazard established in Article 3, Section B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris,potential projectiles and erosion potential,the following provisions 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 analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. 2. If Article 5, Section E (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. 3. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA. SECTION 60.46 PENALTIES FOR NONCOMPIANCE No structure or land shall hereafter be constructed,located,extended,converted,or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of the ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than$500.00, for each violation, and in addition shall pay all costs and expenses involved in the case. Each day any violation of the ordinance shall continue shall constitute a separate offense. Nothing herein shall prevent the City of Beaumont from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION 60.47 CONFLICT OF LAWS Within a flood hazard area, the provisions of this article shall take precedence over any conflicting municiple laws, ordinances, or codes. 18 CERTIFICATION It is hereby found and declared by the City of Beaumont that severe flooding has occurred in the past within its jurisdiction and will certainly occur within the future; that flooding is likely to result in infliction of serious personal injury or death, and is likely to result in substantial injury or destruction of property within its jurisdiction; in order to effectively comply with minimum standards for coverage under the National Flood Insurance Program; and in order to effectively remedy the situation described herein, it is necessary that this ordinance become effective immediately. Therefore, an emergency is hereby declared to exist, and this ordinance, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval. APPROVED; (community officiao PASSED: (date) I,the undersigned, , do hereby certify that the above is a true and correct copy of an ordinance duly adopted by the City Council of the City of Beaumont,at a regular meeting duly convened on (Secretary or responsible person) (SEAL) 19 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 6 BY REPEALING ARTICLE III, FLOOD HAZARD AREAS, SECTIONS 6-30 THROUGH 6-49.1 AND ADDING A NEW ARTICLE III, FLOOD DAMAGE PREVENTION, SECTIONS 6- 25 THROUGH 6-47; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Section 1. THAT Chapter 6, Article III, Flood Hazard Areas, Sections 6-30 through 6-49.1 of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed. Section 2. THAT Chapter 6 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding a new Article III entitled Flood Damage Prevention, Sections 6-25 through 6-47, as follows: ARTICLE Ill. FLOOD DAMAGE PREVENTION DIVISION I. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS Sec. 6-25. STATUTORY AUTHORIZATION. The Legislature of the State of Texas has in Sections 16.3145 & 16.315 of the Texas Water Code, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of The City of Beaumont, Texas, does ordain as follows: Sec. 6-26. FINDINGS OF FACT. (1) The flood hazard areas of The City of Beaumont 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. (2) These flood loses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy GAMORDINANCWMENMflood plain ch 6 art iii of flood hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. Sec. 6-27. STATEMENT OF PURPOSE. It is the purpose of this ordinance 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 forthe sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area. Sec. 6-28. METHODS OF REDUCING FLOOD LOSSES. In order to accomplish its purposes, this ordinance 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 flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; GAMORDINANMAMENDIflood plain ch 6 art iii (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. Sec. 6-29. DEFINITIONS. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. 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. 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 a review of the Floodplain Administrator's interpretation of any provisions of this article or a request for a variance as defined in the Section. Area of Shallow Flooding means a designated AO, AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of Special Flood Hazard is 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 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 Zones A, AE, AH, AO, Al-99, VO, V1-30, VE or V. Base Flood means the flood having a one percent chance of being equaled or exceeded in any given year. Basement means any area of the building having its floor subgrade (below ground level) on all sides. 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. G:\CG\ORDINANCWMEN Mood plain ch 6 art iii Development means any man-made change in improved and 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. Elevated Building means a non-basement building (i) built, in the case of a building in Zones Al-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones Al-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. in the case of Zones V1-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of"elevated building," even though the lower area is enclosed by means of breakaway walls if the breakaway walls met the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations. Existing Construction 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 construction" may also be referred to as "existing structures." 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 pouring of concrete pads) is completed 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 pouring of concrete pads). Flood or Flooding means 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. GACG\ORDINANCWMEND\flood plain ch 6 art iii Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood Insurance Study is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map. Floodplain orFlood-prone Area means any land area susceptible to being inundated by water from any source (see definition of flooding). 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. Flood Protection System means those physical structural works forwhich 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 specialized flood modifying works are those constructed in conformance with sound engineering standards. Flood Proofing 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,waterand sanitary facilities, structures and their contents. Floodway(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. 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 ship building and ship repair facilities, but does not include long- term storage or related manufacturing facilities. GAMORDINANMAMENMflood plain ch 6 art iii 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 Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (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 to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or (4) Individually listed on a local inventory or 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. Levee means a man-made 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, or levees, 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 or 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 Section 60.3 of the National Flood insurance Program regulations. Manufactured Home means a structure transportable in one or more sections,which is built on a permanent chassis and is designed for use with or without a permanent GAMORDINANCWMENDVIood plain ch 6 art iii foundation when connected to the required utilities. The term "manufactured 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. 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 Flood Insurance Rate Map are referenced. New Construction means, 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, "new construction"means structures forwhich 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 pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. Recreational Vehicle means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. 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 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 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, G1CG\ORDINANC\AMEND\flood plain ch 6 art iii floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. 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 structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This includes structures which 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 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 conditions or (2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." Variance is a grant of relief to a person from the requirement of this ordinance when specific enforcement would result in unnecessary hardship. Avariance,therefore, permits construction or development in a manner otherwise prohibited by this ordinance. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 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 of various magnitudes and frequencies in the floodplains of coastal or riverine areas. DIVISION 2. GENERAL PROVISIONS Sec. 6-30. LANDS TO WHICH THIS ORDINANCE APPLIES. The ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of Beaumont. GAMORDINANMAMENDTood plain ch 6 art iii Sec. 6-31. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for the City of Beaumont,"dated August 6, 2002,with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. Sec. 6-32. ESTABLISHMENT OF DEVELOPMENT PERMIT. A Development Permit shall be required to ensure conformance with the provisions of this ordinance. Sec. 6-33. COMPLIANCE. No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. Sec. 6-34. 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. Sec. 6-35. INTERPRETATION. In the interpretation and application of this ordinance, all provisions shall be; (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. Sec. 6-36. 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 GAMORDINANCVIMENWood plain ch 6 art iii 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 thereunder. DIVISION 3. ADMINISTRATION. Sec. 6-37. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR. The Planning Manager, or his appointee, is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR(National Flood Insurance Program Regulations)pertaining to floodplain management. Sec.6-38. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. (2) Review permit application to determine whether 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 adoption of this ordinance. (4) 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. (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards(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 Texas Department of Water Resources, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. GAMORDINANMAMENWood plain ch 6 art iii (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with Division 2, section 6-31, 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 the provisions of Division 4. (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 Al-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 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program 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 that the community first applies for a conditional FIRM revision through FEMA. Sec. 6-39. PERMIT PROCEDURES. Application for a Development Permit, in the floodplain, shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations,existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (1) Elevation (in relation to mean sea level), of the lowest floor(including basement) of all new and substantially improved structures; (2) Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; (3) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Division 4, section 6-42(2); (4) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. GAMORDINANCMENDTood plain ch 6 art iii (5) Maintain a record of all such information in accordance with Division 3, section 6-38(1). Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance 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 and 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 flood waters 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; (10) The relationship of the proposed use to the comprehensive plan for that area. Sec. 6-40. VARIANCE PROCEDURES. (1) The Board of Adjustment shall hear and render judgement on requests for variances from the requirements of this ordinance. (2) The Board of Adjustment shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. (3) Any person or persons aggrieved by the decision of the Board of Adjustment may appeal such decision in the courts of competent jurisdiction. GAGG\ORDINANC\AMEND\flood plain ch 6 art iii (4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (5) 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. (6) 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 6-39(2) of this Article have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this ordinance, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Division 1, section 6-27). (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) 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. (10) Prerequisites for granting variances: a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. b) Variances shall only be issued upon, 1) 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 heights, additional threats to public safety, G:1CG\ORDINANCWMENDV1ood plain ch 6 art iii extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. c) Any application to whom a variance is granted shall be given 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 lowestfloor elevation. (11) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: a) the criteria outlined in Division 3, section 6-40(1)-(9) are met, and b) 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. DIVISION 4. PROVISIONS FOR FLOOD HAZARD REDUCTION Sec. 6-41. GENERAL STANDARDS. In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements. (1) All new construction or 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 with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located a minimum of one foot six inches (1' 6") above the base flood elevation, so as to prevent water from entering or accumulating within the components during conditions of flooding. Tanks shall be vented a minimum of one foot six inches (1' 6") above the base flood elevation. GAMORDINANMAMENDViood plain ch 6 art iii (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, (7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. Sec. 6-42. SPECIFIC STANDARDS. In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Division 2, section 6-31, (ii) Division 3, section 6-30(8), or (iii) Division 4, section 6-43(3), the following provisions are required: (1) Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated a minimum of one foot six inches(1'6")above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Division 3, section 6-39(1)a is satisfied. (2) Nonresidential Construction-new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor(including basement) elevated a minimum of one foot six inches (1' 6") above the base flood level or together with attendant utility and sanitary facilities, be designed so that a minimum of one foot six inches (1'6") above and 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. A registered professional engineer or architect 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 with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. (3) Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered GACG\ORDINANC\AMEND\flood plain ch 6 art iii professional engineer or architect or meet or exceed the following minimum criteria: a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b) The bottom of all openings shall be no higher than one foot above grade. c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured Homes - a) Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which 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. b) Require that manufactured homes that are placed or substantially improved within Zones Al-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, 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. c) Require that manufactured homes 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 paragraph (4) of this section be elevated so that: 1) the lowest floor of the manufactured home is a minimum of one foot six inches (1' 6") above the base flood elevation, and GAMORDINANMAMENWood plain ch 6 art iii 2) 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. (5) Recreational Vehicles - Require that recreational vehicles placed on sites within Zones Al-30, AH, and AE on the community's FIRM either: a) be on the site for fewer than 180 consecutive days, b) be fully licensed and ready for highway use, or c) meet the permit requirements of Division 3, section 6-39(1)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. Sec. 6-43. STANDARDS FOR SUBDIVISION PROPOSALS. (1) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Division 1, sections 6-29, 6-27 and 6- 28 of this ordinance. (2) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Development Permit requirements of Division 2, section 6-32; Division 3, section 6-29; and the provisions of Division 4 of this ordinance. (3) Base flood elevation data shall be generated 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 Division 2, section 6-31 or Division 3, section 6-38(8) of this ordinance. (4) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals including the placement of 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. GACGNORDINANCIAMENDTood plain ch 6 art iii Sec. 6-44. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES). Located within the areas of special flood hazard established in Division 2, section 6- 31, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 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: (1) All new construction and substantial improvements of residential structures 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 community's FIRM (at least two feet if no depth number is specified). (2) All new construction and substantial improvements of non-residential structures; a) 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 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 of effects of buoyancy. (3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Division 3, section 6-39(1)a, are satisfied. (4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. Sec. 6-45. FLOODWAYS. Floodways - located within areas of special flood hazard established in Division 2, section 6-31, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions 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 analyses performed in accordance with standard engineering practice that the proposed G:\CG\ORDINANCWMENDV1ood plain ch 6 art iii encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. (2) If Division 4, section 6-45(1), above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Division 4. (3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA. Sec. 6-46. PENALTIES FOR NONCOMPLIANCE. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of the ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00, for each violation, and in addition shall pay all costs and expenses involved in the case. Each day any violation of the ordinance shall continue shall constitute a separate offense. Nothing herein shall prevent the City of Beaumont from taking such other lawful action as is necessary to prevent or remedy any violation. Sec. 6-47. CONFLICT OF LAWS. Within a flood hazard area, the provisions of this article shall take precedence over any conflicting municipal laws, ordinances, or codes. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. GAMORDINANCWMENMflood plain ch 6 art iii Section 4. All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of July, 2002. - Mayor- GACG\ORDINANCWMEND\flood plain ch 6 art iii 20 WORK SESSION * FY 2003 Budget * Review revised proposal from the Metropolitan YMCA Proposal to the City of Beaumont Dear Mayor Lord, Manager Bonczek, and City Council persons; Patterson, Samuel, Smith, Goodson, Ames and Cokinos, Following our workshop session, meetings with each of you individually, meetings with over 60 other concerned community leaders, I have listened hard and learned much about the proud character of the diverse and good people that make up this fine community. I have learned that there is overwhelming support to re- establish quality YMCA facilities, programs and services to address the present and growing needs of thousands of youth, families, adults and seniors in this area. I have learned that while the city is to be commended for the efforts it has made in some sectors of the community, other areas are in need of such opportunities that are within our grasp with a bit of creativity and commitment on your part. Although the original proposed partnership would have produced a stronger organizational structure and financial position and not quite as big a challenge for the community branches, I realize the city has its own challenges at this time and cannot take on this task alone. Therefore, I would like to seek your support for a partnership that would allow for facility or program support dollars totaling $8,333.34/month or $100,000/yr that would be partnered with a matching amount of $100,000/yr from United Way and a community responsibility to produce $300,000/yr in membership, programs, and contributions to meet its $500,000 operating budget. These funds could come from CDBG dollars to begin with and eventually be worked into the operating budget at $25,000/yr. over 4 years. This commitment on the part of the city and the United Way would allow the YMCA in this community to experience a rebirth with enthusiasm and excitement that would bring significant benefits to thousands of families for many future generations. It would challenge the community to step up in both membership and program support and develop quality youth and adult leadership programs to benefit the total area. The Metropolitan YMCA is in the process of re-establishing it's Board of Directors, adopting new by-laws, bringing its annual audit up to date, forging a relationship with Houston for staff training and development services and other management assistance, negotiating its debt issues, putting the downtown property on the market and putting plans in place fora new and improved West End Family Branch to better serve that sector of the community. We are taking on significant challenges and responsibilities to save and re-establish a quality organization with a long proud history in this community but we cannot do it alone. We have cut our original operating budget by $50,000 in expenses and increased revenues and we have a business plan in place. We need the partnerships of the City of Beaumont, the United Way, community leaders and other healthy YMCA's to put us on the path to recovery and a promising future. Because we are in danger of our contract prices to increase on our proposed plan, in danger of losing support from the National YMCA, United Way and in danger of losing community support, we need a very quick decision on this issue with a long awaited ground breaking ceremony as soon as possible. There will never be another time or opportunity to provide so much for such a modest investment over time than we can accomplish through such a strategic partnership. Please give this your prayerful consideration and vote on it at your next council meeting even if it requires some details to be worked out by management. "Thank you so much for your consideration. Sincerely J;. Brian T. Cormier "� ^` YMCA of the USA ' �'` )✓ // y `" / On behalf of the Youth and Families of Beaumont l l' L� ','�`` ��'''" 'y ✓✓✓ enc. L.L. Melton Family YMCA '`'Jv � ' �! A Pro-forma Operating Budget ' w L1 ? L. L. Melton Pro Forma Budget Projections Membership,Type Annual Dues Monthly Draft Year I Family $300 $25 250 Adult (25-64) $240 $20 100 Young Adult(19-24) $180 $15 50 Sr.Citizen (65+) Youth( 6-18) $120 $10 50 Total 450 Income Year Sustaining (Partners with Youth) $ 10,000 Special Event Gala (Achievers Banquet) $ 30,000 United Wav $100,000 Misc. Revenue (Vending La) $250/mo) $ 3,000 I_acility.Rental (5500/mo) $ _6.000 r outh menioership u,v� Your-/Adult— Sr. Citz. Membership $ 9,000 Adult Membership $ 24,000 Family Membership $ 75,000 Program Fees $137,000 City of Beaumont (Not to Exceed Cost) $100,000 Total 5500,000 • Corporate or Group Membership=category less 10% • Set up a very tough policy on membership discounts with a more generous policy on program financial assistance. • Membership includes services(aerobics classes, water aerobic classes,weight training instruction, facility use, 50%discount on most programs). Expense Year 1 Salaries $230,000 Benefits 35,000 Contract Services 5,000 Supplies 35,000 Telephone 3,000 Postage 2,000 Utilities 75,000 Insurance 7,000 Maintenance/Repair 30,000 PR/Printing/Advertising 5,000 Vehicle Expense/Mileage 10,000 Special Events 6.000 Bank Charges/ Misc. Expense 2,000 Management Allocation & Overhead 55,000 (includes Natl. dues,staff training, fees, permits, leases, etc.) Total $500,000 Net 0 7/3/02 �tt_y of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 9, 2002 1:30 P.M. CONSENT AGENDA k Approval of minutes * Confirmation of committee appointments A) Accept maintenance of the improvements constructed in Washington West, Section Two, Phase One CONSENT AGENDA JULY 9, 2002 A) Accept maintenance of the improvements constructed in Washington West, Section Two, Phase One The Administration recommends accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Washington West, Section Two, Phase One. The improvements in the subdivision passed final inspection from all entities involved on July 1, 2002. A copy of the staff memorandum is attached for your review. A City of Beaumont Council Agenda Item � K g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: July 9, 2002 AGENDA MEMO DATE: July 1, 2002 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer,water and sanitary sewer improvements in Washington West, Section Two, Phase One. RECOMMENDATION Administration recommends approval of New York Boulevard from existing New York Boulevard approximately 202 feet south to the centerline of Montana Avenue and continuing south approximately 157 feet to 3-OM-4P end of roadway markers,Montana Avenue from proposed East Nevada Avenue approximately 454 feet west to proposed New York Boulevard and continuing west approximately 146 feet to 3-OM-4P end of roadway markers, East Nevada Avenue from existing East Nevada Avenue approximately 157 feet south to the centerline of Montana Avenue and continuing south approximately 143 feet to 3-OM-4P end of roadway markers. Also,recommended for approval are the Water and Sanitary Sewer Improvements for Lots 12-15, Block 2, Lots 6-10, Block 4, Lots 12 and 13, Block 5, Lots 1 and 2, Block 6 and Lots 1-5, Block 7. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on July 1, 2002. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny the resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Washington West, Section Two, Phase One. wwszp l/j td 9 AUMO-N T ::rS MUNICIPAL 5� i� AIRPORT I r 4.5 f GGARU_ a r-i yV d r { r?A�_0 K I uj tivA;N!tvG ON iBLVD. RKN NVA A 3 t y"' ;�M�,A --— { ISS15SIP ttr !E AN 4 GGK'w C3'RD ' PROJECT \ ,- ° LOCATION VICINITY MAP N TS WASHINGTON WEST, SECTION TWO , PHASE ONE