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HomeMy WebLinkAboutOrdinance - 2022-O0103 - Amending Chapter 30 Lakes, Waterways And Floodplain - 07/12/2022First Reading June 28, 2022 Item No. 4.4 ORDINANCE NO. 2022-00103 Second Reading July 12, 2022 Item No. 5.3 AN ORDINANCE AMENDING CHAPTER 30 "LAKES, WATERWAYS AND FLOODPLAINS" IN ORDER TO COMPLY WITH UPDATED FEDERAL REQUIREMENTS FOR FLOODPLAIN MANAGEMENT; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. WHEREAS, in 2021 the Federal Emergency Management Agency (FEMA) through its program the Community Rating System (CRS) updated some floodplain management requirements for municipalities; and WHEREAS, the amendments herein bring the City of Lubbock into compliance with those CRS requirements; and WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best interest of the citizens of Lubbock to make the following amendments Chapter 30 of the Code of Ordinances of the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 30.03.007 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 30.03.007 Lands to which article applies This article shall apply to all lands located in City of Lubbock Floodplains and areas of special flood hazard. SECTION 2. THAT Section 30.03.008 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 30.03.008 Basis for establishing areas of special flood hazard 1. City Floodplain studies produced for the Master Drainage Plan and as set forth in the most recently adopted Drainage Criteria Manual are incorporated herein. 2. 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 Lubbock County, Texas, and Incorporated Areas" dated February 3, 2017, with accompanying flood insurance rate maps (FIRM) and any revisions thereto are hereby adopted by reference and declared to be a part of this article. Page 1 of 4 SECTION 3. THAT Sections 30.03.073(1) & (4) of the Code of Ordinances of the City of Lubbock, Texas, are hereby amended to read as follows: Sec. 30.03.073 Specific standards In all areas of City Floodplain and special flood hazard where base flood elevation data have been provided, as set forth in section 30.03.008, 30.03.003(b)(8) or 30.03.072(c) of this article, the following regulations shall apply for the corresponding construction type as set forth below: (1) Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities, including ductwork, elevated to the most restrictive flood protection elevation as set forth below; (A) One (1) foot above the 1 % annual chance flood elevation established by the City of Lubbock Master Drainage Plan; (B) If located in a flood hazard area, the lowest floor (including basement) will be one foot above the peak water surface elevation established by the FIRM of the Federal Emergency Management Agency (FEMA); (C) Two (2) feet above the applicable playa lake overflow elevation; (D) Eighteen (18) inches above the highest gutter elevation (or if no curb and gutter is present, one foot above top of crown) of the nearest adjacent street(s); (E) Six (6) inches above the calculated peak water surface elevation if a design waiver has been granted in accordance with the drainage criteria manual; or (F) One foot above the 500-year 24-hour base flood elevation if located by a non - overflow playa lake; and A registered professional engineer, architect or land surveyor shall submit a certificate to the floodplain administrator that the standard of this subsection, in accordance with Section 30.03.042(1) of this article, are satisfied. (4) Manufactured homes. (A) All manufactured homes to be placed in or substantially improved within zones A, AO, AH, or AE on the City's FIRM and within the City Floodplains on sites that are: 1. Outside of a manufactured home park or subdivision; 2. In a new manufactured home park or subdivision; 3. Existing manufactured home park or subdivision being enlarged; or Page 2 of 4 4. In an existing manufactured home park or subdivision in which the manufactured home has incurred substantial damage as a result of a flood or other causes, shall be placed on a permanent foundation so that the lowest floor of the manufactured home, electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities, including ductwork, and shall be elevated to the most restrictive flood protection level as set forth in Section 1 above; and (B) Shall be securely anchored to an anchored foundation system to resist flotation, collapse, and lateral movement, including but not limited to over -the -top or fi-ame ties to ground anchors, while complying with all other state and local regulations. SECTION 3. THAT should any paragraph, section, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of the Ordinance shall not be affected thereby. SECTION 4. THAT a violation of any provision of this Ordinance shall be deemed a misdemeanor punishable in accordance with state law and Section 1.01.004 of the Code of Ordinances of the City of Lubbock. SECTION 5. THAT the City Secretary of the City of Lubbock, Texas, is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative means of publication provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 28th day of June , 2022. Passed by the City Council on second reading this 12th day of July , 2022. ATTEST: - - '0 � e '4 j . )\/ Rebe I ca Garza, City Secre TRAY P , MAYOR Page 3 of 4 APPROVED AS TO CONTENT: aAcEachern, Assistant City Manager APPROVED AS TO FORM: F' K re, Assista O0 e ccdocs/: Ch 30 Floodplain Ord Amend 6.21.22 Page 4 of 4