HomeMy WebLinkAboutOrdinance 19658-04-2011ORDINANCE NO. 19658-04-2011
AN ORDINANCE AMENDING THE CODE OF THE CITY
OF FORT WORTH (1986), AS AMENDED, BY THE
AMENDMENT OF CHAPTER 7, ARTICLE VIII,
"FLOODPLAIN PROVISIONS"; SECTION 7-317 "BASIS
FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD"; SECTION 7-317 "ESTABLISHMENT OF
FLOODPLAIN DEVELOPMENT PERMIT"; SECTION 7-
386 "DEFINITIONS"; SECTION 7-387 DESIGNATING A
NEW DATE FOR THE ADOPTED MANUAL; SECTION 7-
389, "APPLICATION"; SECTION 7-390, "REVIEW OF
APPLICATION; APPROVAL; DENIAL OF APPROVAL";
SECTION 7-391, REMOVING THE EXCEPTIONS TO THIS
ARTICLE AND ADOPTING NEW EXEMPTIONS AND
VARIANCES; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY
CLAUSE; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth participates in the National Flood Insurance Program under
the auspices of the Federal Emergency Management Agency; and
WHEREAS, the City clearly establishes the requirements for eligibility for flood insurance
through its ordinances and regulations; and
WHEREAS, qualifying under the National 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 City has adopted ordinances into the City Code, Chapter 7, Article VIII to
regulate development in the floodplain areas of the City and other areas under its jurisdiction;
and
WHEREAS, Federal Emergency Management Agency, through its Map Modernization
program, has revised the Flood Insurance Study and the Flood Insurance Rate Maps for the City
of Fort Worth; and
WHEREAS, the revised Flood Insurance Study and the Flood Insurance Rate Maps must be
adopted and enforced by ordinance for continued participation in the National Flood Insurance
Program.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
Part II of the Code of the City of Fort Worth, Texas (1986), as amended, Chapter 7, "Buildings",
Article VIII, "Floodplain Provisions", Section 7-317, "Basis for Establishing the Areas of
Special Flood Hazard" is hereby amended to read as follows:
A Special Flood Hazard, as identified by the Federal Emergency Management
Agency in the current scientific FIS for Tarrant County, Texas and incorporated
areas, dated September 25, 2009, with accompanying FIRMS dated September
25, 2009; current scientific FIS for Denton County, Texas and incorporated areas
dated April 18, 2011, with accompanying FIRMS dated April 18, 2011, current
scientific FIS for Parker County, Texas and incorporated areas, dated September
26, 2008 with accompanying FIRMS dated September 26, 2008; and Wise
County, Texas and incorporated areas, dated March 19, 1990 with accompanying
FIRMS dated March 19, 1990 and any revisions thereto are hereby adopted by
reference and declared to be a part of this article.
SECTION 2.
Part II of the Code of the City of Fort Worth, Texas (1986), as amended, Chapter 7, "Buildings",
Article VIII, "Floodplain Provisions", Section 7-318, "Establishment of Floodplain Development
Permit" is hereby amended to read as follows:
A floodplain development permit shall be required to ensure compliance with the
provisions of this article. A floodplain permit shall terminate if the development
for which the permit was issued has not commenced within two (2) years from the
date of issuance. Procedures to obtain floodplain development permit are set
forth in section 7-333 of this article.
SECTION 3.
Part II of the Code of the City of Fort Worth, Texas (1986), as amended, Chapter 7, "Buildings",
Article VIII, "Floodplain Provisions", Section 7-386, "Definitions", definition of Corridor
Development Certificate Manual is hereby amended to read as follows:
Corridor development certificate manual (CDC Manual) means the manual
adopted by the Trinity River Common Vision Program Executive Committee
dated July, 2009.
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SECTION 4.
Part II of the Code of the City of Fort Worth, Texas (1986), as amended, Chapter 7, "Buildings",
Article VIII, "Floodplain Provisions", Section 7-387, "January 31, 1992 Edition Corridor
Development Certificate Manual adopted Standards", is hereby amended to read as follows:
Sec. 7-387. July, 2009 edition Corridor Development Certificate Manual adopted
Standards.
The July, 2009 edition of the CDC, as amended hereby, is adopted as the standard for
development within the Trinity River Corridor and is attached hereto as Exhibit "A" and
is incorporated herein by reference.
SECTION 5.
Part II of the Code of the City of Fort Worth, Texas (1986), as amended, Chapter 7, "Buildings",
Article VIII, "Floodplain Provisions", Section 7-389, "Application", is hereby amended to read
as follows:
An application for a corridor development certificate must be filed with the floodplain
administrator on forms provided by the department of transportation and public works or
from the North Central Texas Council of Governments (NCTCOG).
SECTION 6.
Part II of the Code of the City of Fort Worth, Texas (1986), as amended, Chapter 7, "Buildings",
Article VIII, "Floodplain Provisions", Section 7-390, "Review of application; approval; denial of
approval", is hereby amended to read as follows:
The floodplain administrator or his duly authorized designee shall be responsible for the
review of an application for a corridor development certificate. The application shall be
approved if it conforms to the requirements of the CDC Manual, as amended, or if an
exemption or variance is granted; otherwise, the application shall be denied.
SECTION 7.
Part II of the Code of the City of Fort Worth, Texas (1986), as amended, Chapter 7, "Buildings",
Article VIII, "Floodplain Provisions", Section 7-391, "Exemptions and Variances", is hereby
amended to read as follows:
(a) Exemptions: Application for an exemption must be made to the floodplain administrator on
a form provided by the department of transportation and public works or the NCTCOG. An
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exemption from the requirements of this section maybe obtained if allowable by applicable laws
and the CDC Manual criteria and the development involves the following activities:
(1) Maintenance, repair, or identical replacement of existing infrastructure.
(2) Outfall structures where the outfall has been permitted under the Federal NPDES or State
TPDES structures.
(3) Intake structures.
(4) Discharge of material for backfill or bedding for utility lines, provided there is not
significant change in preexisting bottom contours and excess material is removed to an
area outside of the regulatory zone.
(5) Bank stabilization activities provided that no significant change (as determined using the
CDC Manual criteria) occurs in pre-existing bottom contours and excess material is
removed to an area outside the regulatory zone.
(6) Small scale projects that cause minimal change in ground surface elevation and no
decrease in hydraulic conveyance and valley storage for the 100-year flood.
(7) Temporary construction or construction related activity.
(b) Variances: A variance shall be any modification of the CDC Manual criteria. The
floodplain administrator may issue a variance:
(1) When strict compliance with the CDC Manual criteria would cause undue hardship,
because of unique circumstances to the individual property on which the variance is
requested.
(2) When a public project is deemed to be in the "overall regional public interest", as
determined by the City Council.
SECTION 8.
CUMULATIVE PROVISIONS
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances and such Code, in which event conflicting
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provisions of such ordinances and such Code are hereby repealed.
SECTION 9.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrase, clause, sentence,
paragraph or section of this ordinance are severable and, if any phrase, clause, sentence, paragraph
or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such 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 in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 10.
PENALTY CLAUSE
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than two thousand dollars ($2,000.00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTION 11.
RIGHTS AND REMEDIES
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the provisions of the ordinances amended herein, which have accrued at the
time of the effective date of this ordinance and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such ordinances, same
shall not be affected by this ordinance but maybe prosecuted until final disposition by the courts.
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SECTION 12.
PUBLICATION
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the
caption of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas,
as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas and by
Section 52.013, Texas Local Government Code.
SECTION 13.
EFFECTIVE DATE
This Ordinance shall take effect on April 18, 2011.
APPROVED AS TO FORM AND LEGALITY:
~;
By:
~sta R. eynolds
Sr. Assistant City Attorney
ADOPTED: April 12, 2011
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City of Fort Worth, Texas
Mayor and Council Communication
.:,..~.
COUNCIL ACTION: Approved on 4112/2011 -Ord. No. 19658-04-20'I1
DATE: Tuesday, April 12, 2011 REFERENCE NO.: G-17259
LOG NAME: 20SWM FLOODPLAINCDC
SUBJECT:
Adopt Ordinance Amending the City's Floodplain Provisions in Chapter 7, Article VIII, of the City Code to
Adopt Updated Federal Emergency Management Agency Floodplain Maps and the Most Current Corridor
Development Certificate Manual and its Criteria for Development
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending the City's Floodplain
Provisions found in Chapter 7, Article VIII, of the City Code and adopt updated Federal Emergency
Management Agency floodplain maps and the most current Corridor Development Certificate Manual and
its criteria for development.
DISCUSSION:
In order to maintain compliance with the National Flood Insurance Program (NFIP) Regulations, the City
must adopt the updated floodplain maps prepared by the Federal Emergency Management Agency
(FEMA) and refine other City Code sections regarding the City's Floodplain Management Program. This
update to the ordinance is to incorporate the new Federal Insurance Rate Maps (FIRM) for Denton County
and to adopt the most current Corridor Development Certificate Manual adopted by the Trinity River
Common Vision Program Executive Committee, dated July 2009 and its criteria for development. Section
7-318 further requires that development commence within two years from the date of issuance of a
floodplain development permit to assure that conditions of the property have not changed. The
amendment to the ordinance also eliminates the exceptions to the floodplain regulations, while leaving in
place and amending the exemptions and variances.
The other Floodplain Provisions found in Chapter 7, Article VIII are substantially the same. The ordinance
amendment must be approved on or before April 18, 2011, the effective date of the new FEMA maps, in
order to maintain compliance with NFIP Regulations.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers
FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office b~
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Greg Simmons (7862)
Cindy Robinson (7947)
Clair Davis (5981)
Logname: 20SWM FLOODPLAINCDC Page 1 of 1