 The City Council approved ordinance that amends the Code of Ordinances, Baytown, Texas, (the "Code") by (i) amending certain sections within Chapter 110 "Floods" to (a) comply with the Harris County minimum standards for drainage and detention, (b) update the ordinance language and requirements for compliance with Federal Emergency Management Agency ("FEMA") and National Flood Insurance Program ("NFIP") standards, and (c) make staff initiated changes; (ii) amending certain sections within Chapter 126 "Subdivisions" by (a) amending the criteria described in Article IV "Improvements" and Article V "Engineering and Construction Standards" and (b) providing language to link the Code with the newly created Chapter 109 "Engineering and Construction Standards"; (iii) adding a new chapter to be numbered and entitled Chapter 109 "Engineering and Construction Standards"; (iv) amending certain sections in Chapter 18 "Buildings and Building Regulations"; (v) amending certain sections in Chapter 34 "Environment"; (vi) amending certain sections of Chapter 114 "Sewer and Water Line Extensions"; and (vii) amending certain sections of Chapter 122 "Streets and Sidewalks". The changes for each of the above-referenced items are detailed as follows: Item (i)(a). In a letter dated May 22, 2020, the Executive Director of the Harris County Flood Control District and the County Engineer for Harris County acting at the direction of Harris County Commissioner's Court, requested each municipality within Harris County adopt a set of minimum drainage and detention standards (the "Standard"). The requirements of the Standard are: use Atlas 14 rainfall rates for sizing stormwater conveyance and detention systems; require a minimum detention rate of 0.55 acre-feet per acre of detention for any new development on tracts one acre or larger in size (except for a single family residential structure and accessory buildings); prohibit the use of hydrograph timing as a substitution for detention on any project; require no net fill in the current mapped 500-year floodplain except in areas identified as coastal zones only; and require the minimum finished floor elevation of new habitable structures be established at or waterproofed to the 500-year flood elevation as shown on the effective Flood Insurance Study. The Public Works & Engineering Department ("PWE") has been working with the Harris County engineering consultant to review the Code to determine what changes would need to be made to the Code in order to meet the requirements of the Standard. PWE staff received recommendations from the Harris County consultant on September 10, 2020 describing the changes the City of Baytown (the "City") would need to make to Chapter 110 in order to comply with the Standard. The main change requested was to apply the Code's 100-year flood zone development requirements to the 500-year flood zone. Item (i)(b). In a letter dated July 10, 2020 FEMA initiated a Community Assistance Visit within the NFIP to assist the City with reviewing Chapter 110 and updating any outdated language. PWE staff has been working closely with FEMA staff since July to update Chapter 110 so that it meets FEMA and NFIP requirements and standards. Many of the FEMA Code change requests centered on using explicit language instead of implied or inferred language in Chapter 110. Item (i)(c). Staff reviewed the language and requirements in Chapter 110 and recommended that some of the sections be revised in order to align them with the current state of the practice, to simplify complex language and to more closely match City standards. Staff has reviewed the requested changes from Harris County and FEMA, developed draft text amendments, submitted the draft amendments to Harris County and FEMA for review. Harris County and FEMA provided timely reviews and their comments have been satisfactorily addressed. The major changes to Chapter 110 include, but are not limited to: regulating the 500-year floodplain in the same manner as the 100-year floodplain; requiring finished floor elevations within flood zones be at the higher of the 500-year floodplain or two feet above the 100-year floodplain; updating definitions within the Code; requiring work within the floodplain be certified by a professional engineer in the state of Texas; requiring floodplain mitigation in the 500-year floodplain; and providing a formalized process for determining substantial damage and/or improvement to a structure within a flood hazard area. Item (ii)(a) Article IV and Article V of Chapter 126 "Subdivisions" of the Code include sections that deal with the engineering criteria and construction standards of the City. The proposed text amendments to these articles are intended to update outdated language, references, and criteria to the current state of the practice. Item (ii)(b). In order to maintain engineering design and criteria authority in the City's extraterritorial jurisdiction and maintain continuity with current agreements, many of the current sections under Article IV and Article V of Chapter 126 must remain and must have language that directs the reader of the Code to the new location of the design criteria in Chapter 109 "Engineering and Construction Standards". For this reason, it is proposed to amend the text of Sections 126-453, 454, 458, 507, 508, 509, 510, 546, 581, 582, 583, 641, 642, 643, 644, 671, 674, 706, and 710 to reference the criteria and standards established in the newly created Chapter 109 "Engineering and Construction Standards". Item (iii). While working with the Harris County engineering consultant to review the Code to determine what changes would need to be made to the Code in order to meet the requirements of the Standard, PWE staff determined that the engineering criteria and construction standards in the Code were sufficiently out of date with current practices to warrant an overhaul of these criteria and standards. During this review PWE also noted that many of the criteria and standards are scattered through the Code and relocating them to a central location would help to standardize the criteria, simplify the language, and make the City's requirements easier to understand and apply. Chapter 109 "Engineering and Construction Standards" (the "New Chapter") will be the central location of the engineering and construction standards for the City. The New Chapter includes the criteria and standards necessary to meet the Standard, updated references to current agencies and design manuals, performance-based design criteria for infrastructure, and language and guidance that are specific and clear. Item (iv). Chapter 18 "Buildings and Building Regulations" contains references to requirements that are overseen or enforced by PWE and needed to be updated to reference the New Chapter. Specifically, Sections 18-93 - Sidewalks, 18-95 - Drainage requirements for nonresidential developments, 18-126 - Survey or site plan required; access management, and 18-127 - Floodplain all required amendments in order to be in agreement with the New Chapter. Item (v). Chapter 34 "Environment" contains references to requirements that are overseen or enforced by PWE and needed to be updated to reference the New Chapter. Specifically, Sections 34-423 - Definitions, 34-425 - Permits and site plans, and 34-426 - Impact Study all required amendments in order to be in agreement with the New Chapter. Item (vi). Chapter 114 "Sewer and water line extensions" contains references to requirements that are overseen or enforced by PWE and needed to be updated to reference the New Chapter. Specifically, Section 114 - 66 Application required an amendment in order to be in agreement with teh New Chapter. Item (vii). Chapter 122 "Streets and Sidewalks" contains references to requirements that are overseen or enforced by PWE and needed to be updated to reference the New Chapter. Specifically, Sections 122-3 - Obstruction of view; visibility triangle, 122-31 - Curb cuts; concrete driveways required where city installed curb and gutters, 122-63 - Permit required for each job, 122-91 - Concrete work, 122-92 - Reconstruction of sidewalks on change of line and grade by city, 122-96 - Private drains, 122-97 - Installation of drainage culverts, and 122-99 - General requirements all required amendments in order to be in agreement with the New Chapter. Proposed changes were presented to Council in the October 22, 2020 work session and a public hearing was held on November 17, 2020. | |||||
No comments:
Post a Comment