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HomeMy WebLinkAboutOrdinance 18816-09-2009ORDINANCE NO 18816-09-2009 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 7 304 `DEFINITIONS SECTION 7 317 `BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD SECTION 7 331, `DESIGNATION OF THE LOCAL FLOODPLAIN ADMINISTRATOR SECTION 7 332, `DUTIES AND RESPONSIBILITIES OF THE LOCAL FLOODPLAIN ADMINISTRATOR SECTION 7 334, `VARIANCE PROCEDURES SECTION 7 348, `STANDARDS FOR SUBDIVISION PROPOSALS PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE PROVIDING A SEVERASILITY CLAUSE, PROVIDING A PENALTY CLAUSE PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Crty of Fort Worth part>c><pates in the National Flood Insurance Program under the auspices of the Federal Emergency Management Agency and WHEREAS the City clearly establishes the requirements for ehgibahty for flood insurance through its ordinances and regulations, and WHEREAS qualafying under the Nat>onal Flood Insurance Program >s not only desirable but an economic necessity for the cl;t>zens hvmg; operating bus;<nesses or owning property m or near flood-prone areas, and WHEREAS the Crty has adopted ordinances into the City Code, Chapter 7 Art>cle VIII to regulate development m the floodplam areas of the City and other areas under its ~unsdactaon, and WHEREAS Federal Emergency Management Agency through >ts Map Modern>zation program, has rev>sed the Flood Insurance Study and the Flood Insurance Rate Maps for the C><ty of Fort Worth, and WHEREAS the rev>sed Flood Insurance Study and the Flood Insurance Rate Maps must be adopted and enforced by ordinance for continued participation ;<n the National Flood Insurance Program. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Floodplain Provisions Ordinance CRR 08.20.09v3 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, `Floodplam Provisions" Section 7 304 `Defina.t>ons" a,s hereby amended to include the following definitions. APPURTENANT STRUCTURE - means a structure which a,s on the same parcel of property as the principal structure to be insured and the use of wh>ch >s incidental to the use of the princ>pal structure. AREA OF FUTURE CONDITIONS FLOOD HAZARD -means the land area that would be inundated by the 1 percent annual chance (100 year) Flood based on future conditions hydrology BASE FLOOD ELEVATION (BFE) -The elevation shown on the Flood Insurance Rate Map (FIRM) and found >.n the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, Al A30 AR, V1 V30 or VE that indicates the Water Surface Elevation resulting from the Flood that has a 1% chance of equaling or exceeding that level in any given year also called the Base Flood. BREAKAWAY WALL - means a wall that >s not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundarion system. FLOOD ELEVATION STUDY - means an examination, evaluation and determination of Flood hazards and, if appropriate, corresponding Water Surface Elevations, or an examination, evaluation and determination of mudslide (> e. mudflow) and/or Flood-related erosion hazards. 1 FLOODPLAIN MANAGEMENT REGULATIONS means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a Floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of Flood damage prevention and reduction. FLOODWAY -see Regulatory Floodway FULLY DEVELOPED -see Ultimate Development. LEVEE IMPACT ZONE means an area within 250 feet of the toe of a levee, levee system component or associated structure, where additional review is required to determine the impacts of the proposed development on the safety or Floodplain Provisions Ordinance CRR 08.20.09v3 performance of the levee system. REGULATORY FLOODWAY means the channel of a ever 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 more than a designated he>ght. SPECIAL FLOOD HAZARD AREA -see Area of Special Flood Hazard ULTIMATE DEVELOPMENT means that for watershed hydrology all ex>stmg developed areas shall reflect current land use or current zoning, wh>chever y>elds the greatest runoff. All ex>sting undeveloped areas shall reflect anticipated future land use des>gnated by zoning classification, by the City's Comprehens>ve Plan, or by an approved concept plan, or as defined in the City of Fort Worth Storm Water Management Design Manual. SECTION 2. Part II of the Code of the City of Fort Worth, Texas (1986), as amended, Chapter 7 `Build>ngs" Article VIII, `Floodplam Provisions" Section 7 304 `Definitions" is hereby amended to change these definit>ons to read as follows ELEVATED BUILDING -means, for insurance purposes, anon-basement building, which has its lowest elevated floor raased above ground level by foundation walls, shear walls, posts, p>ers, pilings, or columns. FLOOD INSURANCE STUDY (FIS) -see Flood Elevation Study MEAN SEA LEVEL means, for purposes of the National Flood Insurance Program, the North American Vertical Datum of 1988 (NAND) or other datum, to which Base Flood Elevations shown on a community's FIRM are referenced. WATER SURFACE ELEVATION means the he>ght, >n relation to the NAND of 1988 (or other datum, where specified), of Floods of various magnitudes and frequencies m the Floodplams of coastal or Rivenne areas. SECTION 3. Part II of the Code of the City of Fort Worth, Texas (1986), as amended, Chapter 7 `Bu>ld;<ngs" Article VIII, `Floodpla>n Provisions" Section 7 317 `Basis for Establa,shmg the Areas of Special Flood Hazard" >s hereby amended to read as follows A Special Flood Hazard, as a,dent;<fied by the Federal Emergency Management Agency m the current scientific FIS for Tarrant County Texas and incorporated areas, dated September 25 2009 with accompanying FIRMS dated September Floodplain Provisions Ordinance CRR 08.20.09v3 25 2009• current scientific FIS for Denton County Texas and incorporated areas dated December 6, 2002, with accompanying FIRMS dated December 6 2002, 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 191990 w>th accompany>g FIRMS dated March 19 1990 and any rev>sions thereto are hereby adopted by reference and declared to be a part of this art>cle. SECTION 4. Part II of the Code of the City of Fort Worth, Texas (1986), as amended, Chapter 7 `Buildings" Art>cle VIII, `Floodplain Prov>sions" Section 7 331 `Des><gnahon of the Local Floodplam Administrator" >s hereby amended to read as follows. The Director of Transportation and Public Works or the designee as hereby appointed the Floodplam Administrator to administer and implement the prov>sions of this ordinance and other appropriate sections of 44 CFR (Emergency Management and Assistance National Flood Insurance Program Regulations) pertam><ng to Floodplam Management Regulat>ons. SECTION 5. Part II of the Code of the City of Fort Worth, Texas (1986), as amended, Chapter 7 `Buildings" Article VIII, `Floodplam Prov>saons" Section 7 332, `Duties and Responsibilities of the Local Floodplain Administrator" subsection (7) and (10) are hereby amended to read as follows (7) Not>fy m Rl;verine situations, adjacent communities and the Texas Water Development Board (TWDB) and also the Texas Commission on Environmental Quality (TCEQ) prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (10) When a Regulatory Floodway has not been designated, the Floodplam Administrator must requ>re that no new construct>on, substantial improvements, or other Development (including the placement of fill) shall be permitted wrthm Zones Al 30 and AE on the community's FIRM, unless >t >s demonstrated that the cumulat>ve effect of the proposed Development, when combined w>th all other existing and anticipated Development, will not increase the Water Surface Elevat>on of the Base Flood more than one foot at any point wrthm the community SECTION 6. Part II of the Code of the C>ty of Fort Worth, Texas (1986), as amended, Chapter 7 `Buildings" Art>cle VIII, `Floodplam Prov;<sa,ons" Section 7 334 `Variance Procedures" subsections (8) and (9) are hereby amended to read as follows, and to now include subsection (10) Floodplain Provisions Ordinance CRR 08.20.09v3 (8) Variances shall not be issued wrthm any designated Floodway if any increases in Flood Levels during the Base Flood discharge would result. (9) A variance shall only be issued upon a determination that: a. The variance is the minimum necessary considering the Flood Hazard to accord 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 d. A determination that the granting of a variance will not result m 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. (10) 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 w>th the lowest floor elevation below the standard minimum floor elevation, the cost of Flood insurance wall be commensurate with the increased risk resulting from the reduced lowest floor elevation. Such notice shall be effective upon deposit in United States mail SECTION 7 Part II of the Code of the City of Fort Worth, Texas (1986), as amended, Chapter 7 `Buildings" Article VIII, `Floodplam Provisions" Section 7 348 `Standards for Subdivision Proposals" is hereby amended to include subsection (f) fo read as follows (f) Base Flood elevation data shall be generated by a detailed engineering study for all Zone A areas, within 100 feet of the contour lines of Zone A areas, and other streams not mapped by FEMA, as indicated on the community's FIRM. SECTION 8. CUMULATIVE PROVISIONS This ordinance shall be cumulative of all provisions of ordinances and of the Code of the Crty of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are m 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. Floodplam Provisions Ordinance CRR 08.20 09v3 SECTION 9 SEVERABILITY CLAUSE It > s 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 ~unsdict>;on, such unconst><tutaonahty 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 m than ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 10. PENALTY CLAUSE Any person, firm or corporation who v>olates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provas>ons of this ordinance shall be fined not more than two thousand dollars ($2,000 00) for each offense. Each day that a v>olat><on >s permitted to exist shall const><tute a separate offense SECTION 11 RIGHTS AND REMEDIES All r><ghts and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all v>olations of the prov>sions of the ordinances amended herein, wh>ch have accrued at the t>me of the effect>ve date of th>s ordinance and, as to such accrued violations and all pending ht>gataon, both c><v>1 and cnminal, whether pending m court or not, under such ordinances, same shall not be affected by th>s ordinance but maybe prosecuted until final d>spositaon by the courts Floodplain Provisions Ordinance CRR 08.20.09v3 SECTION 12. PUBLICATION The City Secretary of the Crty of Fort Worth, Texas, is hereby directed to publish the caption of this ordinance for two (2) days m the official newspaper of the City of .Fort Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the Crty of Fort Worth, Texas and by Section 52.013 Texas Local Government Code. SECTION 13. EFFECTIVE DATE This Ordinance shall take effect on the date rt is adopted. APPROVED AS TO FORM AND LEGALITY By~ 42 ~. ~, Assistant ity Attorney ADOPTED• September 15, 2009 Floodplain Provisions Ordinance CRR 08.20.09v3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/15/2009.;.: -Ord. No 18816-09-2009 ._ .,,,.. ;u ~ -.~ - _ _ _, DATE Tuesday September 15 2009 REFERENCE NO G-16696 LOG NAME 20SWM FLOODPLAIN SUBJECT Adopt an Ordinance Amending the City's Floodplain Provisions in Chapter 7 Article VIII of the City Code and Adopt Updated Federal Emergency Management Agency Floodplain Maps 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 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 The last update to the City's Floodplain Provisions were made on June 13 1995 (Ordinance No 11998) If the City does not adopt the new maps then Fort Worth property owners will no longer be able to acquire discounted flood insurance through the NFIP and will be subject to much higher premiums for flood insurance The new maps will remove some properties from the floodplain but will place approximately 1 500 other properties in the floodplain that were not previously indicated to be in the floodpain This will likely result in the affected property owners being required by their mortgage companies to acquire flood insurance (estimated annual premiums of $700 00 $900 00) Many of the newly-affected properties are not actually in the floodplain Once appropriate documentation from property owners has been processed by FEMA these properties will be formally removed from the floodplain This can be a lengthy process but once completed insurance companies will typically refund any flood insurance premiums paid Staff is working to identify all affected properties Letters will be sent to the property owners to advise them of the situation give them guidance on how to respond and make staff available to work with them in any way possible to correct the situation The other revisions to the ordinance recommended by this M&C are detailed as follows Update of the Vertical Datum standard used on FEMA maps from National Geodetic Vertical Datum 1929 to North American Vertical Datum 1988 Addition of Levee Impact Zones to address development near levees that could affect levee safety or performance and Addition of approximate flood zone analysis and mapping requirements The other Floodplain Provisions found in Chapter 7 Article VIII are substantially the same The ordinance amendment must be approved on or before September 25 2009 the effective date of the new FEMA Logname• 20SWM FLOODPLAIN Page 1 of 2 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 bv: Originating Department Head. Additional Information Contact: Logname: 20SWM FLOODPLAIN Fernando Costa (6122) William Verkest (7801) Cindy Robinson (7947) Clair Davis (5981) Page 2 of 2