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HomeMy WebLinkAboutOrdinance 8095~' '~~ e Y -.a `' '~ ~ , ter, .4. - ~ i~: T - "" : i„ ~~ ~ a3 G ORDINANCE NO ~ ~ AN ORDINANCE SETTING FORTH CERTAIN PROCE- DURES AND CUMULATING VARIOUS PROVISIONS OF THE CITY'S ORDINANCES DEALING WITH DEVELOP- MENT AND ACTIVITY WITHIN AREAS OF THE. CITY PRONE TO FLOODING; PROTECTING LIVES, PROP- ERTY, 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 EFFEC- TIVE DATE. ~~ f WHEREAS, the City of Fort Worth has previously qualified for a Federal Flood Insurance Program under the auspices of the Federal Insurance Administration; and WHEREAS, the various provisions of the City's ordinances dealing with the hazards of flooding are found in a variety of ordinances with no refer- ence made to all in any one source; and WHEREAS, it is desirable that the City clearly establish that the requirements for eligibility for flood insurance are m!et under City ordinances and regulations; and WHEREAS,qualifying under the federal flood insurance program is not only desirable but an economic necessity for the citizens living, operating businesses,. or owning property in or near flood-prone areas; and WHEREAS the need exists for one ordinance referencing all the other flood plain provisions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 That Chapter 10, Buildings, of the Code of the City of Fort Worth, Texas (1964), as amended, be and the same is hereby amended by adding thereto a new article designated Article IV, Flood Plain Provisions, with Parts and Sections thereunder, which said new Article, Parts and Sections shall be and read as follows "ARTICLE IV- FLOOD PLAIN PROVISIONS "Part A -Purpose, Objectives and .Definitions. "Section 10-21 Findings of Fact. ~ ~.~~ ~~ 4. . -+ ~`' ~. 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 governmental services, extraordinary public expendi- tures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare b. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage also contribute to the flood loss. "Section 10-22. Cumulative of other provisions. This Article is designed to be cumulative and to in no way abrogate other provisions of the State laws, the City Code, ordinances or rules and approved policies of various com- missions and departments dealing with flooding. If there exists any apparent conflict between provisions of this ordinance and other ordinances, rules or regulations, the more restrictive provision shall apply All procedures and per- mits mandated by other 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 those other materials include the Subdivision Ordinance (Ordinance No. 7234, as amended), the Rules and Regulations of the City Plan Commission as adopted October 29, 1975, as amended (especially pages 28 and 29), the Zoning Ordinance (Ordinance No. 3011, as amended), the Building Code especially Chapter 55 - Flood Plain Restrictions. or any amendments thereto and Section 27-7 of this Code There are Federal and State laws that are and remain applicable to this subject matter "Section 10-23. Statement of Purpose It is the purpose of this Article to promote the public health, safety, and general welfare and to minimize public and private losses due to flood con- ditions in specific areas by provisions designed, specifically a. To protect human life and health; b. To minimize expenditure of public money for costly flood control projects; c. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; d To minimize prolonged business interruptions; -2- r _ ,~ y' :r 1. e To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; f To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; g. To insure that potential buyers are notified that property is in an area of special flood hazard; and h. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. "Section 10-24 Methods of Reducing Flood Losses In order to accomplish its purposes, this ordinance and the other provisions of City codes, ordinances, regulations and policies dealing with floods include methods and provisions for: a. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities; b. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction and at later stages; c. Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; d Controlling filling, grading, dredging, and other development which may increase flood damage; e Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas; and f. Any other method reasonably calculated to accomplish the purpose of this ordinance and to promote the public health, safety, and general welfare "Section 10-25 Definitions. Unless specifically defined below, words or phrases used in this Article shall be interpreted so as to give them the meaning they have in common usage and to give this Article its most reasonable application. -3- a. "Appeal" means a request for a review of the Public Works Director's interpretation of any provision of this ordinance or a request for a variance b. "Area of shallow flooding" means a designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; velocity flow may be evident. c. "Area of special flood hazard" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year d. "Base flood" means the flood having one percent chance of being equalled or exceeded in any given year e. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard f "Existing mobile home park or mobile home subdivision" means a parcel (or continguous parcels} of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this ordinance. g. "Expansion to an existing mobile home park or mobile home subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (includiing the installation of utilities, either final site grading or pouring of concrete, or the construction of streets). h. "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 waters, and/or (2) The unusual and rapid accumulation or runoff of surface waters from any source. i. "Flood Insurance Rate Map" (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community -4- .~ j "Flood Insurance Study" means the official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood k. "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 1. "Habitable floor" means any floor usable for living purposes which includes working, sleeping, eating, cooking or recreation, or any com- bination thereof A floor used only for storage purposes is not a "habitable floor" m. "Mobile home" means a structure that is constructed to be towed by a motor vehicle that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recrea- tional vehicles or travel trailers. n. "New construction" means structures for which the "start of construction" commenced on or after the effective date of this ordinance o. "New mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into thirty or more mobile home lots for rent or sale for which the construction of facilities foe servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this ordinance p. "Start of construction" means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Perma- nent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any party thereof on its -5- •'~ • ,r piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. q. "Structure" means a walled and roofed building, a mobile home, or a gas or liquid storage tank, that is principally above ground r "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other part of the building commenced, 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, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Regis- ter of Historic Places or a State Inventory of Historic Places. s. "Variance" means a grant of relief from the requirements of this ordinance which permits development in a manner that would otherwise be prohibited by this Article "Part B -General Provisions. "Section 10-26 Lands to Which This Article Applies. This Article shall apply to all areas of special flood hazards within the jurisdiction of the City of Fort Worth and such other areas as may be in- eluded by the City's incorporation of state legislation involving regulation of flood-prone areas. -6- • t w~ "Section 10-27 Basis for Establishing the Areas of Special Flood Hazard The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insur- ance Study for the City of Fort Worth," dated December 4, 1979, with accom- panying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps is hereby adopted by reference and declared to be a part of this Article along with any amendment that may be made a part of the above referenced documents. The Flood Insurance Study is on file in the Public Works Department, City Hall, 1000 Throckmorton Street, Fort Worth, Texas. "Section 10-28. Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended, converted or altered 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 two hundred dollars for each violation, and each and every day the violation occurs shall constitute a separate violation. Nothing herein contained 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 take appropriate injunctive steps against the violator "Section 10-29 Abrogation and Greater Restrictions. This Article is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this Article and other ordinances, easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. "Section 10-30 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 governing body; and -7- 1~ l' Kw.. c. Deemed neither to limit nor repeal any other powers granted under State statutes. "Section 10-31 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. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Article does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Article shall not create liability on the part of the City of Fort Worth, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this Article or any administrative decision lawfully made thereunder "Part C -Administration. "Section 10-32. Establishment of a Permit for Development Within a Flood Plain. A Permit for Development within a Flood Plain shall be obtained before construction or development begins within any area of special flood hazard established in Section 10-27 Such a permit shall be required in addition to any other required permits, if there are any Application for a Permit for Development within a Flood Plain shall be made on forms furnished by the Public Works Director of the City of Fort Worth and shall include, but not be limited to: plans in duplicate, drawn to scale, showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures; fill, storage of materials, and drainage facilities; and the location of the foregoing. This information shall be furnished in a like manner as the information required for Building and/or Development permits and plans for Community Facilities Contracts, as required in the Subdivision Ordinance (Ordinance No. 7234 as amended) and the City Plan Commission Rules and Regulations, as adopted October 29, 1975, as amended For other guidance in presentation of materials for such a Permit for Development within a flood plain, reference can be made to the Zoning Ordinance (Ordinance No. 3011, as amended), more specifically Sections 2-E and 2-F dealing with Flood Plain Districts. Any development, whether or not falling within an area of special flood hazard as designated by the maps referenced in Section 10-27, which affects an area covered in Section -8- • Y ~. 16.238 of the Texas Water Code or any other provision of said Code, must be made in compliance with the requirements of said Code and the standards adopted therein. Specifically, the following information is required a. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures; b. Elevation in relation to mean sea level to which any structure has been floodproofed; c. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the flood- proofing criteria in Section 10-37 b; and d. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. "Section 10-33. Designation of the Loca! Administrator The Director of the Public Works Department is hereby appointed to administer and implement this Article by granting or denying applications for a Permit for Development within a Flood Plain in accordance with its provisions. "Section 10-34 Duties and Responsibilities of the Local Administra- for Duties of the Director of Public Works, when acting in the Flood Plain permit process shall include, but not be limited to: a. Permit Review (1) Review all applications for Permits for Development within a Flood Plain to determine that the permit requirements of this Article and other flood related ordinances, codes, and policies have been satisfied (2) Review all applications for Permits for Development within a Flood Plain to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. (3) Review all applications for Permits for Development within a Flood Plain to determine if the proposed development is located in the floodway If located in the floodway, assure that the encroachment provisions of Section 10-38 a are met. b. When base flood elevation data has not been provided in the maps referenced in Section 10-27 for an area within the jurisdiction of the City, -9- • . ;•. the Public Works Director shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State, or other source in order to administer Section 10-37 a and b of this Article c. Information to be Obtained and Maintained. (1) Obtain from the applicant and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (2) For all new substantially improved floodproofed struc- tures: (a) obtain from the applicant and record the actual elevation (in relation to mean sea level); and (b) ensure that the floodproofing certifications required in Section 10-32 c are maintained. (3) Maintain for public inspection all records pertaining to the provisions of this Article (4) Applicant shall furnish elevation and other information by utilizing the services of a Professional Engineer or Public Land Surveyor registered in the State of Texas, and all floodproofing certifications shall be provided by a Professional Engineer or a Registered Architect. d. Alteration of Watercourses (1) Notify 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 Insurance Administration. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. e. Interpretation of FIRM Boundaries Make interpretations, where 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 person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 10-35. "Section 10-35 Variance Procedure a. Appeal Boards -10- • .~f.. - ::.,. (1) Appeals concerning design standards set forth in Section 5503 of Chapter 55, Flood Plain Restrictions, of the Building Code, or any amendments thereto, shall be directed to the Building Code Board of Appeals. As to floodproofing, the Board may only approve alternate methods and shall not approve the omission thereof (2) The Plan Commission shall hear and decide all other appeals when it is alleged there is an error in any requirement, decision, or determination made by the Director of Public Works in the enforcement or administration of this Article.. (3) Those aggrieved by the decision of one of the above named appeal boards may appeal such decision to the appropriate appellate body, i.e. City Council or district court (4) In passing upon such applications, the appropriate appeal board shall consider all technical evaluations, if applicable, all relevant factors, standards specified in other sections of this Article, and all other applicable ordinances and officially by established policies, and (a) the danger that materials may be swept onto other lands to the injury of others; (b) the danger to life and property due to flooding or erosion damage; (c) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (d) the importance of the services provided by the proposed facility to the community; (e) the necessity to the facility of a waterfront loca- tion, where applicable; (f) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (g) the compatibility of the proposed use with existing and anticipated development; (h) the relationship of the proposed use to the compre- hensive plan and flood plain management program of that area; -11- • ~r (i) the safety of access to the property in times of flood for ordinary and emergency vehicles; (j) 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; and, (k) the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (5) Upon consideration of the foregoing factors and the purposes of this Article, the appropriate appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Article, as long as there is no conflict with other ordinance or Code provisions. (6) The Director of Public Works shall maintain the records of all appeal actions, including technical information and report any variances to the Federal Insurance Administration upon request. b. Criteria for Variances (1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size continguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (4)(a) through (4)(k), supra, have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (2) Variances may be issued for the reconstruction, rehabili- tation 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 section. (3) Variances shall not be issued within any designated flood- way if any increase in flood levels during the base flood discharge would result. (4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (5) Variances shall only be issued upon: -12- M '~ ~. ~:, (a) a showing of good and sufficient cause; (b) a determination that failure to grant the variance would result in exceptional hardship to the applicant; unless such hardship was self imposed; and (c) 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 as identified in paragraph a(4), above, or conflict with existing local laws or ordinances. (6) Any applicant 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 minimum, said minimum being one foot above the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk from the reduced lowest floor elevation. "Part D -Provisions for Flood Hazard Reduction. "Section 10-36 General Standards In all areas of special flood hazards the following standards are required a. Anchoring (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure (2) All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Special requirements, in addition to any required by state laws, shall be that (a) over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring one additional tie per side; (b) frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side; -13- s (c) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and (d) any additions to the mobile home be similarly anchored b. Construction Materials and Methods (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. c. Utilities (1) Ali new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (2) 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; and (3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. d. Subdivision Proposals (1) Ail subdivision proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and (4) Base flood elevation data shall be provided for subdivision proposals and other proposed development. "Section 10-37 Specific Standards In all areas of special flood hazards where base flood elevation data have been provided as set forth in Section 10-27 or in Section 10-34b, the following standards are required a. Residential Construction New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least one foot above base flood elevation. -14- i • b. Nonresidential Construction New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of one foot above the base flood ele- vation; or, together with attendant utility and sanitary facilities, shall: (1) be flood proofed so that below a point of one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) have structural components capable of resisting hydrosta- tic and hydrodynamic loads and effects of buoyancy; and (3) be certified by a registered professional engineer or architect that the standards of this subsection are satisfied Such certifications shall be provided to the official as set forth in Section 10-34 c. c. Mobile Homes (1) Mobile Homes shall be anchored in accordance with Section 10-36a. (2) For new mobile home parks and mobile home subdivisions; for expansions to existing mobile home parks and mobile home subdivisions; for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile homes not placed in a mobile home park or mobile home subdivision, require that: (a) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be one foot above the base flood level; (b) adequate surface drainage and access for a hauler are provided; and (c) in the instance of elevation on pilings, that: Lots are large enough to permit steps, piling foundations are placed in stable soil no more than ten feet apart, reinforcement is provided for pilings more than six feet above the ground level, and that they be in accordance with State standards. -15- • ~~ ~ r (3) No mobile home shall be placed in a floodway, except in an existing mobile home park or an existing mobile home subdivision. "Section 10-38 Floodways Located within areas of special flood hazard established in Section 10-27 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 apply: a. There shall be no encroachments, including fill, new construc- tion, substantial improvements and other development unless an approved technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood 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 provisions of Part D -Provisions for Flood Hazard Reduction." SECTION 2 That any person, firm or corporation violating any provision of this Ordinance shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed Two Hundred Dollars ($200.00) 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, paragraphs 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 Worth is hereby authorized to publish that portion of this ordinance setting forth the "Flood Plain Provisions" of Chapter 10, Code of the City of Fort Worth, Texas (1964), as -16- • 'tom. a '_ 1 ti ;~ ~ ,~ 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 production 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 five (5) days in the official newspaper of the City of Fort Worth, as authorized by Article 1176b-1, Revised Civil Statutes of Texas. 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. OVED AS TO FORM ANJZ LEGALITY ty Attorney ADOPTED ~ ~ ® / ~ ~ ~ /l EFFECTIVE: ~. ~ ~~(/ r~'~ - -17- "~~~'r~> ys~ b .Iy- 3 .~~~®~ City of Fort Worth, texas and ~~unc~l ~omm~,a,n~~ata,o~a. DATE REFERENCE SUBJECT PAGE NUMBER 1 5;20/80 G-4547 Flood Plain Ordinance '°f On December 4 1979 the Federal Emergency Management Agency notified the Mayor that as a condition of the City`s continued eligibility in the National Flood Insurance Program the City's local flood plain management. regulations must equal or exceed the standard criteria established in Section 19.0 3 (d) of the National Flood Insurance Program Regulations Guidelines were furnished f©r the development of these regulations According to a recent letter from the Federal Emergency Management Agency they must approve the City ordinance by ,7une 4, 1980 Therefore it must be acted upon by the City Council on May 20 1980 at the la~:es A proposed ordinance was prepared by the Department of Law with input from the Public Works Planning and Department of Development, in order to make the City°s local flood plain management regulations equal to or exceed the criteria esta- blished by the N~ginnal Flood Insurance Program and to accumulate various pr©- visions of the City°s ordinance dealing with development and activity within areas of the City prone to flooding The proposed Flood Plain Ordinance covers the items listed below Establishment of a permit for development within a flood plain; Duties and responsibilities of the local administrator (Director cf Public Works) Appeals procedure includes the Building Code Board of Appeals for 'those appeals involving the Building Code and for other appeals as to determinations made by the Director of Public Works are through the Plan Coffiznission City Council or District Court Criteria for variances and, Provisions for building in flood hazard location such as anchoring ccnstruction materials and utilities Recommendation It is recommended that the attached Flood Plain Ordinance be adop~~ed AP~aov~® a~ ` VS c ~r,~r~ ~`~'1a'V~'F~ ~ Attachment ~'A1' ~~~ SUBMITTED, FOR THE ,~-_ '" "'~"'~` +¢ DISPOSITION BY COUNCIL. ~ ~;Ch, at r PRO~~S~'ED BY CITY MANAGER'S OFFICE BY: ~ APPROVED ORIGINATING w pA~.~.~p~ DEPARTMENT HEAD: Kelth Smith I(~it~d9,9V11 `r~ n.,~~~1A~~~~~~~ ~~^ RI ~ s`~ U O CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT John L Jones Ext 7901 DATE