HomeMy WebLinkAboutOrdinance 26962-06-2024ORDINANCE NO.26962-06-2024
AN ORDINANCE AMENDING CHAPTER 7, "BUILDINGS," ARTICLE
VIH "FLOODPLAIN PROVISIONS," OF THE CODE OF THE CITY OF
FORT WORTH, TEXAS (2015), AS AMENDED, BY REVISING SECTION
7-316 AND ADDING DIVISION 7, "DEVELOPMENT WITHIN THE CITY
FLOOD RISK AREAS" TO REGULATE DEVELOPMENT WITHIN CITY
FLOOD RISK AREAS; PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFICAL NEWSPAPER OF THE CITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Texas has, in both Chapters 51 and 214 of the
Texas Local Government Code, conferred upon local governments the authority to adopt
regulations designed to promote the public health, safety, and general welfare of its citizenry; and
WHEREAS, the City of Fort Worth has participated, since 1980, in the National FIood
Insurance Program which provides separate regulations designed to protect against public and
private losses due to flooding within Federal Emergency Management Agency ("FEMA") Special
Flood Hazard Areas which are areas subject to periodic inundation which may result in loss of life
and property, health and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief and impairment of the tax base,
all of which adversely affect the public health, safety and general welfare of citizens; and
WHEREAS, the City of Fort Worth City Council has adopted floodplain management
regulations and building and rehabilitation codes, pursuant to Chapter 214 of the Texas Local
Government Code and requirements imposed under the National Flood Insurance Program, related
to design and construction of buildings and structures in FEMA Special Flood Hazard Areas to
protect people and property, ensure Federal flood insurance and disaster assistance is available,
save tax dollars and reduce future flood losses; and
WHEREAS, over the last decade or more, the City of Fort Worth has identified increased
instances of properties and developments outside of the FEMA Special Flood Hazard Areas that
have been affected by flood events; and
WHEREAS, there is currently no additional regulations that deter, protect, and prevent
against flood risks for areas outside of the FEMA Special FIood Hazard Areas; and
WHEREAS, through this Ordinance, it is the intent of the City of Fort Worth City Council
to establish regulations that will promote and protect the public health, safety and general welfare
of the residents of the City of Fort Wort by establishing provisions that minimize public and private
losses due to flood conditions within identified City Flood Risk Areas that are not currently
addressed by the FEMA Special Flood Hazard Areas.
Ordinance No. 26962-06-2024
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, THAT:
SECTION 1.
Chapter 7, "Buildings," Article VIII, "Floodplain Provisions," Division 2, "General
Provisions," Section 7-316 of the Code of the City of Fort Worth, (2015), as amended, is hereby
amended in its entirety to be read as follows:
§ 7-316 LANDS TO WHICH THIS ARTICLE APPLIES
Divisions 1 through 6 of this Article shall apply to all Special Flood Hazard Areas within
the City of Fort Worth or otherwise under its jurisdiction and control. Division 7 of this Article
shall apply to all City Flood Risk Areas within the City of Fort Worth or otherwise under its
jurisdiction and control.
SECTION 2.
Chapter 7, "Building Code," Article VIII, "Floodplain Provisions," of the Code of the City
of Fort Worth, (2015), as amended, is hereby amended by adding Division 7, "Development
Within the City Flood Risk Areas" to be and read as follows:
DIVISION 7: DEVELOPMENT WITHIN THE CITY FLOOD RISK AREAS
§ 7-392.1 STATEMENT OF PURPOSE
Although the City of Fort Worth participates in the National Flood Insurance Program which
provides separate regulations designed to protect against public and private losses due to flooding
within FEMA Special Flood Hazard Areas, there is currently no additional regulations that deter,
protect, and prevent against flood risks for areas outside of the FEMA Special Flood Hazard Areas.
It is for that reason that Division 7 has been created, to promote and protect the public health,
safety and general welfare of the residents of the City of Fort Worth by establishing provisions
that minimize public and private losses due to flood conditions within the identified City FIood
Risk Areas that are not addressed by the FEMA Special Flood Hazard Areas.
§ 7-392.2 DEFINITIONS
For the purpose of this division, the following words, phrases and terms shall have
these meanings:
CITY FLOOD RISK AREAS (CFRA). Areas designated by the City, located generally
upstream of the FEMA regulatory floodplains, where detailed engineering studies were prepared
for specific watersheds indicate that storm water runoff accumulates due to concentration of flow,
storm drain capacity limitations, and obstructions based on topography.
Ordinance No. 26962-06-2024
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CFRA CERTIFICATE OF COMPLIANCE. A certificate required by the City for
Development with a Land Disturbance of less than one acre within a CFRA.
COMMON PLAN OF DEVELOPMENT. Shall have the meaning ascribed to that term in the
Stormwater Criteria Manual.
DESIGN FLOOD ELEVATION (DFE). Within the CFRAs, this means, water surface
elevations of the I% annual chance flood event (also known as 100-year) plus 2 feet of freeboard.
DEVELOPMENT. Any human -made change to improved or unimproved real property, including
but not limited to, the construction or alteration of buildings or other structures such as residential
structures, non-residential structures, fences, sheds, garages, and retaining walls, or the filling,
grading, paving, excavation, drilling operations or storage of equipment or materials.
MINOR PROJECT. A Development of less than one acre within a CFRA that does not cause an
obstruction to floodwaters, does not increase the natural grade of the property, and will not increase
floodwater elevations such as, but not limited to, paving a driveway or parking area at the existing
grade, small isolated obstructions such as mailboxes or single telephone poles, and interior
remodels with no revisions to the existing footprint of the structure.
§ 7-392.3 ESTABLISHMENT OF CFRA CERTIFICATE OF COMPLIANCE
(a) A CFRA Certificate of Compliance is required for Developments with less than one acre
of land disturbance to ensure compliance with the provisions of this Division. A
Development with areas of land disturbance of one acre or more will not require a CFRA
Certificate of Compliance, but must comply with the City's Stormwater Criteria Manual.
No Development shall occur on any land within a CFRA unless a CFRA Certificate of
Compliance or a Stormwater Drainage Study has been approved by the City.
(b) No building permit shall be issued for any property that does not have a CFRA Certificate
of Compliance or a Stormwater Drainage Study approved by the City, unless the City has
determined that the Development is a Minor Project or grants a Variance to the
requirements of this Division.
(c) Exemptions for Minor Projects. Minor Projects can be permitted without requiring a
CFRA Certificate of Compliance per the discretion of the Floodplain Administrator or their
designee. The Floodplain Administrator, or their designee, will make the determination,
in their sole discretion, as to whether a project will receive an exemption as a Minor Project.
§ 7-392.4 CFRA DEVELOPMENT PROCEDURES
(a) The owner or representative of any proposed public or private Development shall verify if
the proposed Development is located inside a CFRA prior to submitting an application to
the City for a building permit.
Ordinance No. 26 962-0 6-2024
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(b) A proposed Development in a CFRA with a land disturbance of one acre or more, or that
is less than one acre but is part of a Common PIan of Development shall comply with the
Stormwater Criteria Manual and submit and obtain the City's approval of a Stormwater
Drainage Study.
(c) A proposed Development in a CFRA with a land disturbance of less than one acre that is
not a Minor Project, and is not part of a Common Plan of Development, shall comply with
the following:
(1) A licensed professional engineer registered with the State of Texas must fully
complete and place their engineering seal on a CFRA Certificate of Compliance;
and
(2) The completed and sealed CFRA Certificate of Compliance must be submitted to
the City with the building permit application for review.
(d) Unless a variance has been granted by the City or a Development activity has been
determined by the Floodplain Administrator, or their designee, to be a Minor Project, the
City will not approve any Development activity in a CFRA until either a CFRA Certificate
of Compliance or a Stormwater Drainage Study has been reviewed and approved by the
City.
§ 7-392.5 STORMWATER CRITERIA MANUAL ADOPTED STANDARDS
The current edition of the Stormwater Criteria Manual, and all subsequent amendments
and revisions thereto are hereby adopted and incorporated herein by reference. All Development
within a CFRA shall comply with the Stormwater Criteria Manual and the provisions of this
Division.
§ 7-392.6 CFRA DEVELOPMENT STANDARDS
(a) The finished floor elevation of any proposed structure, any addition to an existing structure,
or the relocation of an existing structure in a CFRA, must be at or above the DFE, or the
structure shall be either wet or dry floodproofed to at or above the DFE.
(b) For all structures mitigated by elevation, a post -construction elevation certificate must be
submitted to the City within 60 days of completion of construction in the form required by
the Floodplain Administrator. The elevation certificate must be completed by a registered
public land surveyor or licensed professional engineer. The elevation certificate must
indicate the elevation of the structure in relation to mean sea level of the Iowest floor,
including a basement, finished garage, and the lowest elevation of machinery or equipment
servicing the building.
Ordinance No. 26962-06-2024
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(c) For all structures mitigated by floodproofing, the floodproofing method must be shown on
the construction plans. The structure and attendant utility and sanitary sewer facilities must
be floodproofed to at or above the DFE. All wet or dry floodproofing shall be completed
in accordance with Federal Emergency Management Agency's floodproofing requirements
and guidelines which are hereby adopted and incorporated herein by reference. A person
commits an offense if the person fails to establish the finished floor elevation of a structure
in a CFRA at or above the DFE, or fails to wet or dry floodproof a structure in a CFRA at
or above the DFE, as required by this Section.
(d) If a Develop or proposed Development is part of a Common PIan of Development, then
the Development or proposed Development must comply with the Stormwater Criteria
Manual.
§ 7-392.7 REVIEW OF CFRA DEVELOPMENT; APPROVAL; DENIAL OF
APPROVAL
The Floodplain Administrator, or their designee, shall deny any application for a building permit
located in a CFRA unless it complies with the provisions of this Division 7 or the Stormwater
Criteria Manual, as applicable, unless a variance is approved by the City or the Development is
determined by the Floodplain Administrator to be a Minor Project. The process for the review,
approval and denial of the CFRA Certificate of Compliance and the Stormwater Drainage Study
shall be in accordance with this Division and the Stormwater Criteria Manual.
§ 7-393.8 CFRA VARIANCES
A property owner may request a variance to the CFRA Development Procedures in accordance
with the Stormwater Criteria Manual.
§ 7-392.9 CFRA ENFORCEMENT
(a) Violations. A person commits an offense by commencing Development within a CFRA
without a CFRA Certificate of Compliance or a Stormwater Drainage Study that is
approved by the City.
(b) Penalties. A person who commits a violation of any provision of this Division 7 shall
return the property to its previous condition, or comply with this Division 7.
(c) Enforcement. The Floodplain Administrator, or their designee, or any code compliance
officer, shall have the authority to enforce the provisions of this Division 7.
(e) A violation of any provision of this Division 7 shall be enforceable in accordance with
Section 7-351 of the City Code and state law.
Ordinance No. 26962-06-2024
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SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (2015), 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
provisions of such ordinances and such Code are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections 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 5.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provision 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 6.
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 Code of the City of Fort Worth, or any other ordinances of
the City, that 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 may be prosecuted until final
disposition by the courts.
SECTION 7.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish the
caption and Section 5 of this ordinance for two (2) days in the official newspaper of the City of
Fort Worth, Texas as authorized by Chapter XXV, Section 2 of the Charter of the City of Fort
Worth, Texas, and Section 52.013(a) of the Texas Local Government Code.
SECTION 8.
This ordinance shall take effect on July 15, 2024.
Ordinance No. 26962-06-2024
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APPROVED AS TO FORM AND LEGALITY
Rkhard 61c�n. 28, 202416:1I CDT}
Richard A. McCracken
Sr. Assistant City Attorney
ADOPTED: June 11, 2024
EFFECTIVE: July 15, 2024
Ordinance No.26962-06-2024
Page 7 of 7
ATTEST:
1.
Jannette S. Goodall
City Secretary
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 05/11/24 M&C FILE NUMBER: M&C 24-0484
LOG NAME: 20SW REGULATION UPDATES 2024
SUBJECT
(ALL) Conduct Public Hearing and Adopt Ordinance Amending Chapter 7 "Buildings," Article VIII "Floodplain Provisions" of the City Code to
Establish and Regulate Critical Flood Risk Areas, Adopt Ordinance Amending Chapter 12.5 "Environment Protection and Compliance" of the City
Code to Amend Regulations Governing Grading Permits, and Adopt Ordinance Adopting Revisions to the Stormwater Criteria Manual
(PUBLIC HEARING - a. Report of City Staff: Stephen Nichols; b. Public Comment; c. Council Action: Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing in accordance with Section 212.0021 of the Texas Local Govemment Code;
2. Adopt the attached ordinance amending Chapter? "Buildings," Article VIII "Floodplain Provisions" of the City Code to establish and regulate
critical flood risk areas;
3. Adopt the attached ordinance amending Chapter 12.5 "Environmental Protection and Compliance" of the City Code to amend regulations
governing grading permits; and
4. Adopt the attached ordinance adopting revisions to the Stormwater Criteria Manual.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to adopt an ordinance establishing and regulating critical flood risk areas, adopt
an ordinance amending regulations governing grading permits, and adopt an ordinance adopting updates to the Stormwater Criteria Manual.
Floodplain Provisions Ordinance:
In 2018, the Stormwater Management Program began an initiative to determine how to communicate non-FEMA flood risk information and how to
regulate small sized developments (under 1 acre) in non-FEMA flood prone areas. The initiative was developed due to increasing instances of
property owners and developers outside of the FEMA floodplain being surprised by flood events impacting their properties and development
plans. The significant, and often undefined risk of flooding outside of FEMA floodplains is a nationwide issue.
Since that time, Stormwater staff have held public and community group meetings to discuss and receive feedback on non-FEMA flood risk
regulations and worked closely with stakeholder groups, including the Real Estate Guidance Group and stakeholder groups associated with the
American Council of Engineering Companies, Floodplain Management Plan, Stormwater Master Plan, and Stormwater Program. The
stakeholders consisted of residents, engineers, lenders, appraisers, title lawyers, insurance agents, surveyors, developers, and builders and
included the Real Estate Council of Greater Fort Worth, the Greater Fort Worth Association of Realtors, the Fort Worth Builders Association, the
Development Advisory Committee (DAC), and the Tarrant Appraisal District.
The proposed ordinance will establish non-FEMA City Flood Risk Areas (CFRAs). CFRA regulations would regulate all residential and
commercial development activity less than one (1) acre that is located in a CFRA. The development activity ranges from fences, accessory
structures, room additions, and new construction, up to commercial or mixed -use site development projects on less than one acre. Such
development activity would require:
• Elevation of structures two (2) feet above the 1 00year flood elevation, and;
• Submission of a certificate from an engineer to document that the development will not cause increased flood risk to neighboring properties.
The City Flood Risk Area regulations shall take effect on July 15, 2024.
Grading Permit Ordinance:
Coordination and collaboration with development community representatives, started three (3) years ago on the proposed updates to the Grading
Permit Ordinance to make the permitting process more efficient and effective. The most significant improvement is that this update will replace
the Final integrated Storm Water Management (iSWM) Plan requirement with a grading permit, eliminating one step in the development review
process. In addition, the updates will produce the following benefits:
• Clarify submission requirements and apply review requirements uniformly across development projects;
• Better define Early Grading Permits and clarify requirements for Early Grading Permits; and
• Clarify exemptions and simplify review processes for public infrastructure.
The amended Grading Permit Ordinance shall take effect on July 15, 2024.
Stormwater Criteria Manual:
In 2019, the Texas State Legislature passed House Bill 3167 which amended Chapter 212 of the Texas Local Government Code. The new law
required, in part, for developer construction plans to be approved by the City Plan Commission, to place a "shot clock" on review and approval
deadlines for developer construction plans, and for any review comments on construction plans to cite to specific laws, regulations, or design
criteria when the construction plans were not approved by the City. During the 88th Texas Legislative Session, the state law was amended to
remove these requirements.
While no longer mandatory, City staff and development representatives have maintained self-imposed review deadlines and clear regulations that
can be cited to during construction plan reviews. To that end, City staff have prepared revisions to the Stormwater Criteria Manual to ensure that
the ClVs requirements are clear and can be easily cited to in construction plan review comments.
In addition, staff recommends changes to the Stormwater Criteria Manual based on new data and information, lessons learned from how current
regulations are implemented, and to integrate the proposed revisions to the Floodplain Provisions Ordinance and the Grading Permit Ordinance.
The revisions will provide clarity to the development community, and help to ensure development and public infrastructure design contribute to a
safe and sustainable Fort Worth.
Throughout the process, staff engaged with external and intemal stakeholders to coordinate and get feedback on document revisions. Draft
documents were coordinated with the DAC for review and comment.
A summary of the updates to the Stormwater Criteria Manual include:
• CFRA guidance and regulations are incorporated;
• Final iSWM Plans are no longer required;
• Drainage studies are better defined and introduced as a separate submittal to replace iSWM plans;
• Use of specific types of polypropylene pipe in lieu of concrete pipe are allowed;
• Stormwater detention facility maintenance requirements are defined;
• Runoff coefficients for more dense residential developments are updated;
• Easement sizing requirements are revised; and
• Administrative procedures for processing applications and conducting pre -submittal meetings are revised.
The revised Stormwater Criteria Manual shall take effect on July 15, 2024.
In accordance with Section 212.0021 of the Texas Local Government Code, notice of the public hearing on the proposed ordinances was
published in the Fort Worth Star -Telegram on May 24, 2024.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION ! CERTIFICATION:
The Director of Finance certifies that approval of these recommendations will not have no material effect on City funds.
Submitted or CityManagees Office b . Jesica McEachem 5804
Originating Business Unit Head: Lauren Prieur 6035
Additional Information Contact: Monty Hall 8662