HomeMy WebLinkAboutOrdinance 19336-09-2010 ORDINANCE NO. 19336-09-2010
AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE OF
THE CITY OF FORT WORTH, BEING ORDINANCE NO. 17154, CODIFIED AS
CHAPTER 31 OF THE CODE OF THE CITY OF FORT WORTH, BY
AMENDING ARTICLE V19 "SUBDIVISION DESIGN STANDARDS"; SECTION
31-1059 "STORM WATER MANAGEMENT" TO ADD AN EXCEPTION FOR
AND A DEFINITION OF A FEDERAL FLOODWAY PROJECT; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 12, 2006, the City Council of Fort Worth adopted
Ordinance Number 17154 which combined the Subdivision Regulations of Chapter 31 of
the City Code and the Plan Commission Rules and Regulations into one revised
subdivision ordinance adopted by the City Council as Appendix C, "Subdivision
Ordinance" to the City Code; and
WHEREAS, on October 30, 2007, the City Council adopted Ordinance Number
17851 which repealed the contents of Chapter 31 "Subdivision Regulations", replaced
with the contents of Appendix C, "Subdivision Ordinance" and repealed Appendix C;
and
WHEREAS, the Subdivision Ordinance incorporates the City of Fort Worth
Storm Water Management Policy which requires certain easements be provided as part of
the City's Federal Emergency Management Agency (FEMA) Jurisdiction over the
floodplain to ensure that the City is in compliance with the National Flood Insurance
Program; and
WHEREAS, the Tarrant Regional Water District has primary jurisdiction over
the lands within the Federal Floodway Project as directed by the United, States Arrny
Corps of Engineers; and
WHEREAS, the City and the Tarrant Regional Water District (TRWD), by
separate agreement, agree to undertake an annual permit for maintenance and operation
activities of the Federal Floodway Project to insure that the City is in compliance with
FEMA regulations related to the Flood Insurance Program; and
WHEREAS, the City will issue a permit to the TRWD that will renew
automatically each year if there are no changes to the standard maintenance and operating
activities associated with the pen-nit; and
WHEREAS, the TRWD will be required to seek City engineering, platting, land
use or other approval for its construction activities within the Federal Floodway Project,
and to impose restrictions which might otherwise be required under applicable City
guidelines including building code compliance with respect to above-ground structures
intended to be occupied and used as commercial structures serving the public; and
WHEREAS, based on the foregoing information City staff has determined that
sections of the Subdivision Ordinance requiring a floodplain easernent need to be revised
to provide an exception from such requirement from the TRWD for Federal Floodway
Projects and provide a definition of such a project; and
WHEREAS, the City Plan Commission has reviewed the above proposed
amendments and recommends amending the Subdivision Ordinance as proposed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS
SECTION 1.
Article VI, "Subdivision Design Standards"; Section 31-105, "Storm Water
Management" of Chapter 31, "the Subdivision Ordinance" of the City of Fort Worth, is
amended to revise subsection b. "Floodplain Easements" to add a reference to a new
2
.............
subsection (c) as follows:
(b) Floodplain easements. Except as provided for in subsection (c), Floodplain
easements shall be provided along natural or improved drainage ways and lakes or
reservoirs. Floodplain easements shall encompass all areas beneath the water
surface elevation resulting from a storm whose design frequency is one hundred
(100) years, plus such additional width as may be required to provide ingress and
egress to allow for maintenance of the banks and for the protection of adjacent
property, as deten-nined and required by the city engineer. If a floodplain drainage
way is proposed, the following full statement of restrictions shall be placed in the
dedication instrument on the subdivision plat unless the city council agrees to
waive this requirement, or the city engineer agrees to assume maintenance of the
floodplain/drainage way.
SECTION 2.
Article VI, "Subdivision Design Standards"; Section 31-105, "Storm Water
Management" of Chapter 31, "the Subdivision Ordinance" of the City of Fort Worth, is
amended to add subsection c. "Federal Floodway Project" and to renumber the
subsequent subsections.
(c) _Federal Floodway Project. Floodplain easements shall not be required from the
Tarrant Regional Water District performing any activity in the Federal Floodway
Project(however, a note shall be included on plat documents stating that all
requirements associated with development in the floodplain will apply to any
future owners of the property). The Federal Floodway Project shall, mean the
flood control levees and channel improvements constructed on the Clear Fork and
West Fork Trinity River by the U.S. Army Corps of Engineers (USACE) after the
severe flood of 1949, with subsequent additions through the 1980's. The Project
shall extend along the West Fork Trinity River from Beach Street westward to
Meandering Road; and on the Clear Fork Trinity River southwesterly from the
confluence with the West Fork Trinity River at North Main Street to State
Highway 183; or as otherwise determined by the USACE.
SECTION 3.
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 provisions of such ordinances and such Code are hereby
3
repealed.
SECTION 4.
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
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
ph-rase, clause, sentence, paragraph or section.
SECTION S.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to
any and all violations of the provisions of Code of the City of Fort Worth 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 may be
prosecuted until final disposition by the courts.
SECTION 6.
Any person, fin-n, 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 ($2000.00) for each
4
.........................
offense. Each day that a violation exists shall constitute a separate offense.
SECTION 7.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish
the caption, penalty clause and effective date of this ordinance for two (2) days in the
official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013,
Texas Local Government Code.
SECTION 8.
This ordinance shall take effect after adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
ADOPTED: September 14, 2010
) -7
CD
EFFECTIVE:
5
�
City of Texas
0&�U �� Council Communication
���
N��N�����*��� ��N���� � ^��N 0N�hm�`0N � ���0�n�0���0 NN�NN���� NNon
COUNCIL N, Approved omu9/1 0.0 -Ord'
DATE: Tueaday, September 14. 201O REFERENCE NO.: PZ-2910
LOG NAME: 00UOO5O3OTRVVD ORDINANCE AMENDMENT
SUBJECT:
Adopt an Ordinance Amending the Subdivision Ordin8Do8, Chapter 31 of the City Code, /\[tiC/e Vi Section
31-1O5. Sh}nnVVoharK8anoQmrnonLRe|oUngtoP|oUingRequinern8ntshJrFeden8| F|OOdvvayP 'eCh;
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending the Subdivision
Ordinance 10 revise the flUodp|ain easement requirements for projects corriedoutbytheT@rrontFleginna|
Water District (TRVVO) within the boundaries of the Federal F|oodvvayProject.
DISCUSSION:
{}n July 28. 201O. the City Plan Commission recommended approval Of8n amendment k} the Subdivision
Ordinance that will revise the requiR*nnento for the Tarrant Regional VVoher District as they work within an
area defined 8s the Federal F|oodvvayProject. The amendment would allow the Tarrant Regional Water
District to plat property within the boundary of the Federal Floodway Project without indicating a floodplain
easement on the plat. The area normally designated as a floodplain easement is required by the United
States Army Corps of Engineers (USACE) to be kept clear and accessible for the use, maintenance and
operation 0f the f|OOdw8y )n areas that are designated 8s a Federal F|OOdvVay Project. The[eiSn0
foreseeable need for the City i0 have such an easement from TRVV[] since TRVVOiSassigned
maintenance and operational responsibilities by USACE over areas inside the Federal Floodway Project.
The Development Advisory Committee has reviewed this amendment and informally endorsed itinJuly.
FISCAL INFORMATION :
The Financial Management Services Director CgtfieSthat this action will have DO material effect on City
funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
.
CERTIFICATIONS:Submitted for City
Fernando Costa /6122\
,Manaqer's,Office,by:
Originating Department Head: Susan Alanis /8180\
Additional Information Contact: Allison Gray (8030)
Lognuozc: 060065090T8W[) ORDINANCE AMENDMENT Pumc \ 0f\
�