HomeMy WebLinkAboutOrdinance 10056ORDINANCE NO. ~~jl~'~
AN ORDINANCE AMENDING CHAPTER 7, ARTICLE VIII OF
THE CODE OF THE CITY OF FORT WORTH SETTING FORTH
CERTAIN PROCEDURES DEALING WITH DEVELOPMENT AND
ACTIVITY WITHIN AREAS OF THE CITY PRONE TO FLOOD-
` ING; PROTECTING LIVES, PROPERTY, AND THE PUBLIC
\ HEALTH, SAFETY, AND WELFARE IN SUCH FLOOD-PRONE
\ AREAS; PROVIDING A PENALTY FOR VIOLATION THEREOF:
PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Fort Worth has previously qualified
for a Federal Flood Insurance Program under the auspices of the
Federal Insurance Administration;
WHEREAS, it is desirable that the City clearly establish
that the requirements for eligibility for flood insurance are
met under City ordinances and regulations;
WHEREAS, qualifying under the federal flood insurance pro-
gram is not only desirable but an economic necessity for the
citizens living, operating businesses or owning property in or
near flood-prone areas;
WHEREAS, the City of Fort Worth has previously adopted
Ordinance Na. 8095 which appears as Chapter 7, Article VIII
of the Code of the City of Fort Worth, which regulates
development in floodplain areas of the City of Fort Worth and
other areas under its jurisdiction and control;
WHEREAS, the City of Fort Worth is required to amend its
Ordinance No. 8095 to comply with the new standards, procedures,
policies, and guidelines imposed by the Federal Emergency
Management Agency;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS THAT:
SECTION I
Chapter 7, Article VIII, of the Code of the City of Fort
Worth, Texas (1986), be amended by substituting for the existing
Article VIII, the following terms and provisions, which shall
supercede and replace the existing provisions in their entirety:
-1-
"ARTICLE VIII, FLOODPLAIN PROVISIONS
"Division I. - Purpose, Objectives and Definitions.
"Section 7-301. Findings of Fact.
a. The flood hazard areas of Fort Worth are subject to
periodic inundation which results in loss of life and property,
health and safety hazards, disruption of commerce and govern-
mental services, and extraordinary public expenditures for flood
protection and relief, all of which adversely affect the public
health, safety and general welfare.
b. These flood losses are created by the cumulative
effect of obstructions in floodplains which cause an increase in
flood heights and velocities. Flood losses are also created by
the uses vulnerable to floods which exist in the floodplain and
are hazardous to other lands because they are inadequately
flood-proofed, elevated or otherwise protected from flood
damage.
"Section 7-302. Statement of Purpose.
This article is designed to promote the public health,
safety, and general welfare and to minimize public and private
losses due to flood conditions in specific areas, in order to:
a. Protect human life and health;
b. Minimize expenditure of public money for costly
flood control projects;
c. Minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the expense
of the general public;
d. Minimize prolonged business interruptions;
e. Minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone, cables, sewer
lines, streets and bridges located in floodplains;
f . 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 potential future flood blight ar~°as;
g. Insure that potential buyers are notizied that
-2-
property is in a floodplain; and,
h. Require that persons who knowingly occupy flood-prone
areas assume full responsibility for their actions.
"Section 7-303. Methods of Reducing Flood Losses.
This Article provides for the followings consistent with
achieving the purposes set forth above:
a. To Restrict or prohibit uses that are dangerous to
health, safety or property due to water or erosion hazards or
which result in damaging increases in erosion, flood heights or
velocities;
b. To Require that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood
damage at the time of initial construction;
c. To Control the alteration of natural floodplains,
stream channels, and natural protective barriers, which help
accommodate or channel flood waters;
d. To Control filling, grading, dredging, and other
development which may increase flood damage;
e. To Prevent or regulate the construction of flood
barriers which will unnaturally divert flood waters or which may
increase flood hazards to other lands; and,
f. To Use any other method reasonably calculated to
accomplish the purpose of this ordinance and to promote the
public health, safety, and general welfare.
"Section 7-304. Definitions.
Unless specifically defined below, words or phrases used in
this Article shall be given their common meaning and construed
to effect a reasonable interpretation of this Article.
APPEAL - means a request for a review by the boards or
commissions specified herein of the Floodplain Administrator's
interpretation of any provision of this ordinance or a request
for a variance.
AREA OF SHALLOW FLOODING - means a certain type of
flood zone, typically designated AO, AH, or VO on a community's
-3-
Flood Insurance Rate Map which is defined below with a one
percent 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, and be characterized by ponding or
sheet flow.
AI.2EA OF SPECIAL FLOOD HAZARD - means the land in a
floodplain within a community subject to a one percent or
greater chance of flooding in any given year. The area is
generally dE~signated as Zone A on the Flood Hazard Boundary Map
(which is defined below). After detailed ratemaking has been
completed iri preparation for publication of the Flood Insurance
Rate Map, Zone A is typically redefined as one or more of the
following 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; also
known as the 100-year flood.
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 the
construction or alteration of buildings or other structures,
mining, dredging, filling, grading, paving, excavation or
drilling operations.
ELEVATED BUILDING - means a building with no basement
which: (i) for Zones Al-30, AE, A, A99, A0, AH, B, C, X, and D,
has the top of the elevated floor, or for Zones V1-30, VE, or V,
has the bottom of the lowest horizontal structural member of the
elevated floor, elevated above ground level by means of piling,
columns, posts and piers, or shear walls built parallel to the
flow of the watery and (ii) adequately anchored so as not to
impair the structural integrity of the building during a flood
of no greater magnitude than the base flood. For Zones Al-30,
-4-
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
allow for the unimpeded movement of flood waters. For 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 meet the standards of
44 CFR Part 60,§60.3 (e)(5) of the National Flood Insurance
Program regulations. A copy of the National Flood Insurance
Program regulations are on file in the records under the custody
and control of the Floodplain Administrator.
EXISTING CONSTRUCTION - means, for the purpose of
determining rates, structures for which the "start of construc-
ion" commenced before the effective date of the Flood Insurance
Rate Map or before January 1, 1975, for FIRMS effective before
that date. "Existing construction" is used interchangeably in
this ordinance with the term "existing structures."
FLOOD or FLOODING - means a general and temporary
condition of partial or complete inundation of normally dry land
by water resulting from:
(1) The overflow of inland or tidal waters, or
(2) The unusual and rapid accumulation or runoff of
surface waters from any source.
FLOOD BOUNDARY - FLOODWAY MAP - (FBFM) is that portion
of the Flood Insurance Study which delineates the Regulatory
Floodway within a Floodplain.
FLOOD INSURANCE RATE MAP - means the official map of a
community, or any amended or supplementary map, or any
comparable or similar map which is a substitute or replacement
therefore, as well as any revisions thereto on which the Federal
Emergency Management Agency has delineated both the areas of
-5-
special flood hazards and the risk premium zones applicable to
the community. The Flood Insurance Rate Map shall also be
referred to in this ordinance as FIRM.
FLOOD INSURANCE STUDY - is the official report which
is periodically issued 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 the base flood (see definition
of FLOOD or FLOODING).
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
as described in Section 7-301 herein and the extent of the
depths of associated flooding. Such a system typically includes
hurricane tidal barriers, dams, reservoirs, levees or dikes,
storm drain systems and detention/retention systems. These
specialized flood modifying works are those constructed to
conform to sound engineering standards.
FLOODWAY or REGULATORY FLOODWAY - means the channel
of a river or other water course 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, such as docking facilities, port
facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair
facilities; however, the term does not include long-term storage
or related manufacturing facilities.
-6-
HIGHEST ADJACENT GRADE - means the highest natural
elevation of the ground surface prior to construction next to
the proposed walls of a structure.
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 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
44 CFR Part 60, 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.. For floodplain management
purposes, the term "manufactured home" also includes park
trailers, travel trailers, and other similar vehicles placed on
a site for greater than 180 consecutive days. For insurance
purposes the term "manufactured home" does not include park
trailers, travel trailers, and other similar vehicles.
MEAN SEA LEVEL - means, for purposes of the National
Flood Insurance Program, the National Geodetic Vertical Datum
-7-
{NGVD) of 1929 to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION - means, for floodplain management
purposes, structures for which the "start of construction" com-
menced on or after the effective date of this Ordinance;
provided, however, that "new construction" as defined under
Ordinance 8095, which is in violation of Ordinance 8095 and
remains in violation thereof after the effective date of this
ordinance, shall be considered new construction under this
ordinance.
RIVERINE - the condition of a body of water which is
channelized and flowing and either in a natural or improved
condition.
START OF CONSTRUCTION (for other than new construction
or substantial improvements under the Coastal Barriers Resources
Act (Pub.L.97-348)) means the date the building permit was
issued, and pertains to substantial improvement to an existing
structure as well as construction of a new structure, provided
the actual start of construction, repair, reconstruction, or
placement of new or existing improvements 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 a slab or footings, the installation of
piles, the construction of columns, or any work which has
progressed beyond the stage of excavation and which shall
include 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 as part
of the main structure.
STRUCTURE - means any walled and roofed building and
shall in addition include manufactured homes and gas or liquid
storage tanks that are principally above ground.
SUBSTANTIAL IMPROVEMENT - means any repair, recon-
struction, or improvement of a structure, the cost of which
-8-
equals or exceeds 50 percent of the market value of the struc-
ture either:
(1) before the improvement or repair is started, or
(2) before the damage occurred, if the structure has
been damaged and is being restored.
For the purposes of the definition, "substantial improve-
ment" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects 'the external
dimensions of the structure.
The term does not, however, include either:
(1) any project for improvement of a structure to
comply with existing State or local health, sanitary,
environmental or safety code specifications which are solely
necessary to assure safe living conditions; or,
(2) any alteration of a structure listed on the
National Register of Historic Places or a State Inventory of
Historic Places.
VARIANCE - means a grant of relief from the
requirements of this ordinance. A variance, therefore, permits
construction or development in a manner otherwise prohibited by
this Article. For full requirements see 44 CFR Part 60, Section
60.6 of the National Flood Insurance Program Regulations, a copy
of which is on file in the records under the custody and control
of the Floodplain Administrator.
VIOLATION - means the failure of a structure or other
development to comply with the community's flood-plain
management regulations. A structure or other development without
the elevation certificate, other certifications, permits, or
other evidence of compliance required in said Section
o0.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
of the National Flood Insurance Program regulations is presumed
to be in violation until such time as that documentation is
provided.
-9-
WATER SURFACE ELEVATION - means the height, in
relation to the National Geodetic Vertical Datum (NGVD) of 1929
of floods of various magnitudes and frequencies in the flood-
plains of coastal or riverine areas.
"Sections 7-305 - 7-315. Reserved.
'Division 2. General Provisions.
'Section 7-316. Lands to Which This Article Applies.
This Article shall apply to all floodplains within the City
of Fort Worth or otherwise under its jurisdiction and control,
'Section 7-317. Basis for Establishing the Areas of Special
Flood Hazard.
The areas of special flood hazard identified by the Federal
Emergency Management Agency in the most current scientific and
engineering report entitled "The Flood Insurance Study for the
City of Fort Worth," with accompanying Flood Insurance Rate Maps
and Flood Boundary-Floodway Maps (FIRM and FBFM) or any amended
or supplementary maps, or any comparable or similar map which is
a substitute or replacement therefore, as well as any revisions
thereto are hereby adopted by reference and declared to be a
part of this article.
'Section 7-318. Establishment of Floodplain Development
Permit.
A Floodplain Development permit shall be required to ensure
compliance with the provisions of this ordinance. Procedures to
obtain such a permit are set forth in Section 7-333 below.
'Sections 7-319 - 7-330. Reserved.
'Division 3 - Administration.
'Section 7-331. Designation of the Local Floodplain
Administrator.
The Director of the Transportation and Public Works
Department is hereby appointed the Floodplain Administrator to
administer and implement the provisions of this Article and
other appropriate sections of 44 CFR (National Flood Insurance
Program Regulations) pertaining to floodplain management.
-10-
"Section 7-332. Duties and Responsibilities of the Local
Floodplain Administrator.
Duties and responsibilities of the Floodplain
Administrator shall include, but not be limited to, the
following:
(1) Maintain all records pertaining to the provisions of
this ordinance.
(2) Review permit applications to determine whether pro-
posed building sites will be reasonably safe from flooding.
(3) Review and approve or deny all applications for
development permits required by adoption of this ordinance.
(4} Review permits for proposed Development within a
floodplain to require 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) Review all applications for Permits for Development
within a Floodplain to determine if the proposed development is
located in the floodway. Tf located in the floodway, assure that
the encroachment provisions of Section 7-350a are met.
(6) Interpret as needed 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. The Floodplain Administrator
shall make such determinations in a reasonably prudent manner.
When any such interpretation results in a determination that an
area is not a special flood hazard the issuance of any building
permits for any part of the area subsequent thereto shall be
subject to the applicantfs agreement to indemnify, hold harmless,
and defend the City of Fort Worth and the Floodplain
Administrator for any adverse consequences resulting from or
related to such a determination.
-11-
(7) Notify, in riverine situations, adjacent communities
and the Texas Water Commission, prior to any alteration or
relocation of a water course, and submit evidence of such
notification to the Federal Emergency Management Agency.
(8) Assure that the flood carrying capacity within the
altered or relocated portion of any watercourse is maintained or
increased.
(9) When base flood elevation data has not been provided
in the maps referenced in Section 7-317 for an area within the
jurisdiction of the City, the Floodplain Administrator shall
obtain, review and utilize to the extent possible, any base
flood elevation data and floodway data available from a Federal,
State or other source, in order to administer Division 4 of this
Article.
(10) 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.
(11) Grant variances consistent with the provisions of
Section 7-334 Variance Procedures.
'Section 7-333. Permit Procedures.
a. Application for a Floodplain Development Permit shall be
presented to the Floodplain Administrator on forms furnished by
the Administrator and shall include but not be limited to, plans
in duplicate drawn to an appropriate scale acceptable to the
Administrator showing the location, dimensions, and elevation of
proposed landscape alterations and existing and proposed
structures in relation to areas of special flood hazard.
An area map drawn to an acceptable scale shall also be
submitted which shows existing development and structures within
500 feet of the floodplain within the area of development which
-12-
reflects the proposed alterations and existing and proposed
structures. The lowest finished floors of all existing
structures shall be shown on the area map. Technical information
will be required to satisfactorily evaluate the anticipated
flood heights and velocities consistent with the provisions of
this Article and all other City policies pertaining to
drainage. The applicant shall furnish the required information
utilizing the services of a Professional Engineer or Public Land
Surveyor registered in the State of Texas as is applicable.
Additionally, the following information is required:
1. Certification from a registered Public Land
Surveyor of the actual 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
(floodproofing requirements are set forth in Section 7-347b
below):
3. A certification from a registered professional
Engineer or Architect that the nonresidential floodproofed
structures shall meet the floodproofing criteria of Section
7-347b.
4. Description of the extent to which any water-
course or natural drainage will be altered or relocated as
a result of proposed development.
b. Approval or denial of a Floodplain 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 on to
other lands to the injury of other persons or property;
-13-
4. The compatibility of the proposed use with exist-
ing and anticipated developments;
5. The safety of access to the property in times of
flood for ordinary and emergency vehicles;
6. The costs of providing governmental services dur-
ing 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 com-
prehensive plan and floodplain management program for that
area; and
11. The cumulative effects of development and the
associated loss of storm water storage and/or detention.
'Section 7-334. Variance Procedures.
Variances may be issued for new construction and
substantial improvements and for other development necessary for
the conduct of a Functionally Dependent Use provided that the
criteria outlined in Paragraphs (1) - (10) below are met, and
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.
(1) A request for a variance shall be submitted in
writing to the Floodplain Administrator. The Administrator may
issue a variance consistent with the provisions of this Section.
(2) Denial of a variance by the Floodplain
-14-
Administrator concerning design standards for floodproofing
which have been set forth in a nationally recognized standard
acceptable to the City, shall be made to the Construction and
Fire Prevention Board of Appeals. The Board may only approve
alternate methods and shall not approve the omission thereof.
(3 ) If there is an alleged error in any requirement,
decision, or determination made by the Floodplain Administrator
in the enforcement or administration of this Article, other than
that set forth in Section 7-333 above may be appealed to the
Plan Commission.
(4) The Floodplain Administrator shall maintain a
record of all actions, involving an appeal and shall report any
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 Article.
(6) Variances may be issued for new construc-
tion 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, provided the relevant factors in Section 7-333(b) 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 Article, the Floodplain Administrator or
appropriate appeal board may attach such conditions to the
granting of variances as deemed necessary to further the
purposes and objectives of this Article.
(8) Variances shall not be issued within any
designated floodway if any increase in flood levels during the
base flood discharge would result. A variance shall only be
-15-
issued upon a determination that:
(a) the variance is the minimum necessary
considering the flood hazard to afford relief;
(b) a showing of good and sufficient cause is
made;
(c) a determination that failure to grant the
variance would result in exceptional hardship to
the applicant; and
(dj a determination that the granting of a
variance will not result in increased flood
heights, additional threats to public safety,
extraordinary public expense, the creation of
nuisances, fraud on or victimization of the
public (including future owners) or conflict with
existing local laws or ordinances.
(9) Written notice shall be mailed by certified mail,
return receipt requested, to an applicant prior
to the granting of a variance stating that should
a structure be permitted to be built with the
lowest floor elevation below the standard minimum
floor elevation, the cost of flood insurance will
be commensurate with the increased risk resulting
from the reduced lowest floor elevation. Such
notice shall be effective upon deposit in United
States mail.
'Sections 7-335 - 7-345. Reserved.
'Division 4 - Provisions for Flood Hazard Reduction
'Section 7-346. General Standards.
In all areas of special flood hazards the following
provisions are required:
(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.
-16-
_ (2) All new construction or substantial improvements
shall be constructed using 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 or located so as to prevent water
from entering or accumulating within the components during
conditions of flooding.
(5) All new and replacement water supply systems
shall be designed to minimize or eliminate infiltration of flood
waters into the system.
(6} All new and replacement sanitary sewage systems
shall be designed to minimize or eliminate infiltration of flood
waters into the systems and discharge from the systems into
flood waters.
(7) All new and replacement on-site waste disposal
systems shall be located to avoid impairment to them or
contamination from them during flooding.
'Section 7-347. Specific Standards.
In all areas of special flood hazards where base flood
elevation data have been provided the following provisions are
required:
a. Residential Construction
New construction and substantial improvement of any
residential structure shall have the lowest floor, including
basement, elevated at least two feet above the floodplain base
flood elevation resulting from ultimate development of the
watershed. A registered Public Land Surveyor shall submit a
certification to the Floodplain Administrator that the standards
of this subsection and Section 7-333a.1. are satisfied.
b. Nonresidential Construction
New construction and substantial improvement of any
commercial, industrial or other nonresidential structure
-17-
shall either have the lowest floor including basement, elevated
to the level of two feet above the floodplain base flood
elevation resulting from ultimate development of the watershed;
or, together with attendant utility and sanitary facilities,
shall:
1. Be designed so that below the level of two feet
above the floodplain base flood elevation resulting from the
ultimate development of the watershed, 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.
2. Have a registered Professional Engineer or
Architect develop and/or review structural design,
specifications and plans for the construction, and certify that
the design and methods of construction are in accordance with
accepted standards of practice as outlined in this subsection.
3. Provide a record of such certification which
includes the specific elevation in relation to mean sea level to
which such structures are floodproofed. The record shall be
maintained by the Floodplain Administrator.
c. Enclosures
New construction and substantial improvements below the
lowest floor, with fully enclosed areas that are subject to
flooding shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and
exit of floodwaters. Designs for meeting this requirement must
either be certified by a registered Professional Engineer or
Architect and meet or exceed the following minimum criteria:
1. 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.
2. The bottom of all openings shall be no higher
than one foot above grade.
3. Openings may be equipped with screens, louvers,
valves, or other coverings or devices provided that they permit
-18-
the automatic entry and exit of floodwaters.
d. Manufactured Homes
All mobile home parks and subdivisions which were developed
in accordance with City Standards prior to October 1, 1986 shall
not be subject to the requirements of this Section and Section
7-348 unless such mobile home park and subdivision submits to
the City for redevelopment.
1. All manufactured homes to be placed within Zone A,
shall be installed using methods and practices which minimize
flood damage. For the purpose of this requirement, manufactured
homes must be elevated and anchored to resist flotation,
collapse, or lateral movement. Methods of anchoring may include,
but are not limited to, use of over-the-top or frame ties to
ground anchors. This requirement is in addition to applicable
State and local anchoring requirements for resisting wind
forces.
2. All manufactured homes shall be in compliance with
Section 7-347a.
3. All manufactured homes to be placed or sub-
stantially improved within Zones Al-30, AH and AE on the
community's FIRM shall be elevated on a permanent foundation
such that the lowest floor of the manufactured
home is at a level two feet above the floodplain base flood
elevation resulting from ultimate development of the watershed;
and be securely anchored to an adequately anchored foundation
system in accordance with the provision of this Section.
4. No manufactured home will be allowed to be placed
within a floodway.
'Section 7-348. Standards For Subdivision Proposals
a. All subdivision proposals including manufactured
home parks and subdivisions shall be consistent with Section
7-301, Section 7-302, and Section 7-303 of this Article.
b. All proposals for the development of subdivisions
including manufactured home parks and subdivisions shall meet
Floodplain Development Permit requirements of Section 7-318,
-19-
Section 7-333, and the provisions of Division 4 of this Article.
c. Generation of floodplain base flood elevation
data based on ultimate development of the watershed may be re-
quired by the Floodplain Administrator for subdivision proposals
and other proposed development including manufactured home parks
and subdivisions if not otherwise provided.
d. All subdivision proposals including manufactured
home parks and subdivisions shall have adequate drainage
provided to reduce exposure to flood hazards.
e. All subdivision proposals including 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 7-349. Standards for Areas of Shallow Flooding
(AO/AH Zones).
(1) All new construction and substantial improve
ments of residential structures shall comply with the
more stringent of the following provisions.
a. The lowest floor (including basement) shall be
elevated to a point equal to one foot above the
floodplain base flood elevation resulting from
the ultimate development of the watershed.
b. The structure shall be elevated above the highest
adjacent grade at least as high as the depth
number specified in feet on the FIRM (at least
two feet if no depth number is specified).
(2) All new construction and substantial improvement of
nonresidential structures shall comply with either (a)
or (b) below.
a. The more stringent of the following shall apply:
(i) The lowest floor (including basement) shall
be elevated to a point equal to one foot
above the floodplain base flood elevation
resulting from the ultimate development of
the watershed, or;
-20-
(ii) T - ct•-urture shall be elevated above the
highest adjacent grade at least as high as
the depth number specified in feet on the
FIRM (at least two feet if no depth number
is specified).
b. The structure and attendant utility and sanitary
facilities shall be designed so that at the most
stringent elevation described in (i) and (ii)
above, the structure is watertight witiz 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.
(3) A registerP~ Professional Engineer, Architect and/or
Public Land Surveyor, as applicable, shall submit a
certification to the Floodplain Administrator that the
standards of this Section and Section 7-333a.1. are
satisfied.
(4) Adequate drainage swales shall be provided around
structures on slopes within Zones AH or AO to guide
flood waters around and away from proposed structures.
°Section 7-350. Floodways
Located within areas of special flood hazard established in
Section 7-316 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:
a. Encroachments are prohibited including fill, new
construction, substantial improvements and other development
unless an approved technical evaluation by a registered
Professional Engineer is provided demonstrating that
the cumulative effect of the proposed encroachments when
combined with all other existing and anticipated development and
encroachment shall not result in any increase in flood levels
within the community ~1%rlnrt +-re occurrence of t'ne base flood
-21-
discharge.
b. If the provisions of the foregoing paragraph are
satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction pro-
visions of Division 4 - Provisions for Flood Hazard Reduction.
'Section 7-351. Penalties for Non-Compliance.
No structure or land shall hereafter be located, altered or
have its use changed without full compliance with the terms of
this Article and other applicable regulations. Violation of the
provisions of this Article by failure to comply with any of its
requirements (including violations of conditions and safeguards
established in connection with conditions) will constitute a
misdemeanor. Any person who violates this Article or fails to
comply with any of its requirements shall, upon conviction
thereof, be fined not more than one thousand dollars for each
violation, and each and every day the violation occurs shall
constitute a separate violation. Nothing herein contained in
this Section or any other Section of this Ordinance shall
prevent the City of Fort Worth from taking such other lawful
action as is necessary to prevent or remedy any violation,
including but not limited to refusal to approve a plat or to
issue a building permit, or to obtain injunctive relief against
the violator pursuant to Tex. Civ. Stat. Ann. Art. 1175f
(Vernon's 1986) or any other statute, or any other legal remedy
available to the City.
section 7-352. Abrogation and Greater Restrictions.
This Article is designed to be cumulative and in no way
abrogate other provisions of the State law, the City Code,
ordinances, rules, approved policies of various City of Fort
Worth and other governmental commissions and departments dealing
with flooding, or any existing easements, covenants or deed
restrictions. If there exists any apparent conflict or overlap
between provisions of this ordinance and other ordinances, rules
or regulations, or any easements, covenants or deed restrictions
affecting the property in question, the more stringent provision
shall apply. All procedures and permits mandated by other
-22-
provisions of the City's laws shall remain in full force and
effect and are incorporated as if reproduced in full herein.
Some examples of these other materials include the Subdivision
Ordinance (Ordinance No. 7234, as amended), the Rules and
Regulations of the City Plan Commission as amended (especially
Part IV - "Design Standards, - Section 405 - "Easements"), and
the Zoning Ordinance (Ordinance No. 3011, as amended). There are
Federal and State laws that are and remain applicable to this
subject matter.
"Section 7-353. Interpretation.
In the interpretation and application of this Article,
all provisions shall be:
a. Considered as minimum requirements;
b. Liberally construed in favor of the City of Fort
Worth; and
c. Deemed neither to limit nor repeal any other powers
granted under State statutes.
"Section 7-354. Warning and Disclaimer of Liability.
The degree of flood protection required by this Article
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 Article 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 damage. This Article shall not create liability on the
part of the City of Fort Worth, or any officer or employee
thereof for any flood damage that results from reliance on this
Article or any administrative decision lawfully made thereunder.
"Sections 7-355 - 7-370. Reserved.
"Division 5 - Abatement
"Section 7-371. Order of Abatement.
Whenever the Floodplain Administrator finds, that a
violation of the provisions of this Article has occurred, he
shall advise the property owner of this violation in writing and
-23-
direct said owner to abate the violation. For purposes of this
ordinance, said notice shall be mailed by certified mail and
shall be effective when deposited in the mail addressed to the
person or entity listed as the owner on the tax rolls of the
City of Fort Worth, regardless of whether such person or entity
owns record title to the property or is otherwise the legal
owner of the property. The notice shall detail the nature of
the violation and shall establish a reasonable abatement period.
"Section 7-372. Extension of Time.
Whenever an order has been given by the Floodplain
Administrator to abate any violation of this Article under the
provisions of Section 7-371 the owner thereof shall have the
right, within the period of time given in the order for
abatement, to appear at the office of the Floodplain
Administrator with a written explanation to show cause why such
order should not or cannot be complied with, and the Floodplain
Administrator may, at his discretion, give such extension of
time for the abatement or removal of such violation as may be
necessary, provided that there is no immediate danger to the
public health, safety or general welfare.
"Section 7-373. Voluntary Abatement.
The owner of any property found to be in violation under
the provisions of this Article may abate the violation at any
time within the abatement period by repair or removal. The
Floodplain Administrator shall be advised in writing by the
owner of the property that the abatement has occurred and may
inspect the premises to insure that the violation has been
abated. Should any of the items which constitute a violation be
placed on other public or private property without consent from
the owner or person in control of such property, this will
constitute a separate violation of this Ordinance and
appropriate enforcement action shall be taken by the Floodplain
Administrator.
"Section 7-374. Failure to Voluntarily Abate a Violation.
If a violation is .not properly abated within the period
-24-
established under the provisions of Section 7-371, the City
Council shall hold a public hearing to determine if the
violation should be abated under the police powers of the City.
'Section 7-375. Notice of Public Hearing.
A written notice of the public hearing before the City
Council shall be served on the property owner at least 10 days
prior to the date set for the public hearing. Service shall be
made upon the owner by personal service, or by certified or
registered mail. If made by certified mail, service`s shall be
effective on the, date the notice is deposited in the United
States mail. If there is no known address for the owner, the
notice of the hearing shall be published in a newspaper of
general circulation in the City at least ten (10) calendar days
before the hearing. The failure of any person to receive such
notice shall not affect the validity of the proceedings.
'Section 7-376. Hearing by the City Council.
At the public hearing, the City Council shall hear and
consider all relevant evidence, objections or protests and shall
receive testimony from owners, witnesses, city personnel and
interested persons relative to such alleged. violation and to
proposed abatement measures. The hearing may be continued from
time to time.
'Section 7-377. Decision of the City Council.
Following the public hearing, the City Council shall
consider all evidence and determine whether the property, or any
part thereof, constitutes a violation of this Article as
alleged. If the Council finds that a violation does exist and
that there is sufficient cause to abate the violation, the City
Council shall make a written order setting forth the findings
and ordering the owner or other person having charge or control
of the property to abate the violation by repair or removal in
the manner and by the means specifically set forth in that
order. The order shall set forth the time within which the
abatement shall be completed.
-25-
`Section 7-378. Limitation on Filing Judicial Actions.
Any owner or other person with a vested interest who is
aggrieved by the decision of the City Council ordering the
abatement of any violation under the provisions of this Article
may contest such decision by filing a petition in court within
ten (10) days of the date of the decision of the City Council.
Otherwise, the decision of the City Council shall be deemed
final and conclusive, and all objections to such decision shall
be deemed waived.
"Section 7-379. Service of Abatement Order.
Within five days following the decision of the City
Council, the property owner and/or the person having charge or
control of the premises shall be served with a copy of the
written order in the manner provided in Section 7-375.
`Section 7-380. Abatement by Property Owner.
The property owner, or person having charge or control of
the property, may at his own expense abate the violation as
prescribed by the order of the City Council prior to the
expiration of the abatement period set forth in order. If the
violation has been inspected by a representative of the
Transportation and Public Works Department and has been abated
in accordance with the order, the proceedings shall be
terminated.
`Section 7-381. Abatement by City.
If a violation is not completely abated within the time
prescribed in the City Council order, the Floodplain
Administrator, or other designated city official, is authorized
and directed to cause the violation to be abated by city forces
or private contract. In furtherance of this section, the
Floodplain Administrator or duly authorized agents, employees,
contractors, subcontractors, or other representatives of the
City of Fort Worth are expressly authorized to enter upon the
property to abate the violation.
`Section 7-382. Record of Abatement Costs.
(a) The Floodplain Administrator, or such other city
-26-
official as the Administrator may designate, shall keep an
account of the costs (including incidental expenses) of abating
the violation on each separate lot or parcel of land where the
work is done and shall render an itemized report in writing to
the City Council showing the cost of abatement of said,
violation including any salvage value relating thereto; provided
that before said report is submitted to the City Council a copy
of the same shall be served on the property owner in the manner
provided in Section 7-375, together with a notice of the time
when said report shall be heard by the City Council for
confirmation.
(b) The City Council shall set the matter for hearing to
determine the correctness and reasonableness of the abatement
costs.
(c') Written proof of the service of such report shall be
made under oath and filed with the City Secretary.
(d) The term "incidental expenses" shall include, but not
be limited to, the actual expenses and costs of the city in the
preparation of notices, specifications and contracts, inspection
of work (including survey if necessary), and costs of printing,
mailing and publication required hereunder.
'Section 7-383. Report - Hearing and Proceedings.
The City Council shall hear and pass upon the report of the
abatement costs, together with any objections or protests.
Thereupon, the City Council may make such revision, correction
or modification in the report, as it may deem just, after which,
the report, as submitted or as revised, corrected or modified,
shall be confirmed by the Council. The decision of the City
Council on the correctness and reasonableness of abatement
costs shall be final and conclusive.
'Section 7-384. Assessment of Costs Against Property-lien.
(a) The total cost of abating such violation, as confirmed
by the City Council, shall constitute a special assessment
against the respective lot or parcel of land to which it
relates, and, upon recordation in the Office of the County Clerk
-27-
of a notice of lien, as so made and confirmed, shall constitute
a lien on said property for the amount of such assessment.
(b) After such confirmation and recordation, a copy of the
notice of lien may be turned over to the city Tax Department,
whereupon it shall be the duty of the Tax Collector to add the
amounts of the respective assessments to the next regular city
tax bills for said respective lots and parcels of land, and
thereafter said amounts shall be collected at the same time and
in the same manner as ad valorem taxes are collected and shall
be subject to the same penalties and the same procedure under
foreclosure and sale as in the case of delinquent ad valorem
taxes.
(c) At any time after recordation, such lien may be
foreclosed by judicial or other sale in the manner and means
provided by law.
(d) The foregoing remedy shall not preclude a suit against
any person violating this oridance who may be held personally
liable for the cost incurred by the City of Fort Worth in
connection with such abatement procedures. The costs of abating
any such violation shall constitute a personal liability of the
person causing such abatement procedures to be necessary. In
addition, the foregoing remedy shall not constitute the
exclusive remedy available to the City of Fort Worth to abate a
violation of or otherwise enforce the provisions of this
ordinance, and the City of Fort Worth may elect any other legal
remedy or remedies available to it to obtain compliance with
this ordinance. The abatement provisions set forth above shall
operate as an enlargement and not a limitation of the power of
the City of Fort Worth, and such provisions shall not prevent
said City from using any means legally available to it, with or
without notice to the landowner, in the event of an emergency or
other situation posing a serious threat to the public health,
safety, or welfare.
-28-
SECTION 2
That any person, firm or corporation violating any
provision of this Article shall be guilty of a misdemeanor and,
upon conviction, shall be subject to a fine not to exceed One
Thousand Dollars ($1000.00).
SECTION 3
That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and
phrases of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall
be declared void, ineffective or unconstitutional by the valid
judgment or final decree of a court of competent jurisdiction,
such voidness, ineffectiveness or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, para-
graphs and sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation
herein of any such void, ineffective or unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 4
That the City Secretary of the City of Fort 'vVorth is hereby
authorized to publish that portion of this ordinance setting
forth the "Flood Plain Provisions" of Chapter 7, Code of the
City of Fort Worth, Texas (1986), as amended, in pamphlet form
for general distribution among the interested public and such
provisions of this ordinance as so published shall be admissible
in evidence in all courts without further proof than the produc-
tion of said pamphlet, as provided in Section 3, Chapter XXVI of
the Charter of the City of Fort Worth.
SECTION 5
That the City Secretary of the City of Fort Worth is hereby
directed to publish the caption, penalty clause and effective
date of this ordinance for two (2) days in the official news-
paper of the City of Fort Worth, as authorized by Article
1176b-1, Revised Civil Statutes of Texas. Tex. Loc. Govt.
Code§52.013 (Vernon's 1987).
-29-
y
-p .~ .. ' - ~ I~.
SECTION 6
That the City Secretary of the City of Fort Worth is hereby
directed to engross and enroll this ordinance by copying the
caption and penalty clause of same in the minutes of the City
Council of Fort Worth and by filing the ordinance in the
ordinance records of said City.
SECTION 7
That this ordinance shall be in full force and effect from
and after the date of its passage and publication as above
specified.
APP VE FORM AND LEGALITY:
_ ity Attor y
ADOPTED : ~ ~~
EFFECTIV
-30-
~a -:~~
MASTER^FILE 1! ~ w
ACCT hTt(MQ..2 ~it~ of Fort ~®rth, texas
SRA(a$P_QRTAFIAi~IPUBLtgt@,~®~° ~~,z~ c~®'&,~?j'~cCa~ c~~~,~,~,a~a~c~~~®~,
YIATER ADMINISTRATI6N d.
tAY4.e11
DATE T REFERENCE SUBJECT ADOPTION OF AMENDED FLOODPLAIN PAGE
2/2/88 NUMBER ORDINANCE 1
G-7427 ' °f--
Recommendation
The attached Ordinance amends Ordinance No. 8095. Ordinance No. 8095 was
adopted _previously to meet the requirements of the Federal Flood Insurance
.Program. _Amendment of the original ordinance has been made necessary by recent
revisions- in the Flood-Control Regulations of the Federal Emergency Management
Agency. In addition, the amended ordinance specifically provides for broader
enforcement power by the City in implementing the ordinance.
This Ordinance was originally set for adoption by the City Council on September
1, 1987, under M&C G-7219.
DA I wg
APPROVED BY
CITY COI~NCIL
~~~ ~ ~~~a
~~-~.,
city secretary of the
City of Font Worth, Text
SUBMITTED FOR IMG
CITY MANAGER'S
OFFICE BY
ORIGINATING
DEPARTMENT HEAD
I FOR ADDITIONAL INFORMATION
~ Il CONTACT
DISPOSITION BY COUNCIL. PROCESSED BY
David Ivor O APPROVED
OTHER (DESCRIBE)
Susan Bari 1 ich CITY SECRETARY
$. Barilich 7505 Adopted Ordonance No./~~~~ DATE