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HomeMy WebLinkAboutOrdinance 11998ORDINANCE NO . ~ / `~/ ~a AN ORDINANCE AMENDING CHAPTER 7, ARTICLE VIII OF THE CODE OF THE CITY OF FORT WORTH SETTING FORTH CERTAIN PROCEDURES DEALING WITH DEVELOPMENT AND ACTIVITY WITHIN AREAS OF THE CITY PRONE TO FLOOD- ING; PROTECTING LIVES, PROPERTY, AND THE PUBLIC HEALTH, SAFETY, AND WELFARE IN SUCH FLOOD-PRONE AREA5; PROVIDING A PENALTY FOR VIOLATION THEREOF: PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING BEGAN EFFECTIVE DATE WHEREAS, the City of Fort Worth has previously qualified for a Federal Flood Insurance Program under the auspices of the Federal Insurance Administration; WHEREAS, it is desirable that the City clearly establish that the requirements for eligibility for flood insurance are met under City ordinances and regulations; 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; WHEREAS, the City of Fort Worth has previously adopted Ordinance No. 10056 which appears as Chapter 7, Article VIII of the Code of the City of Fort Worth, which regulates development in floodplain areas of the City of Fort Worth and other areas under its jurisdiction and control; WHEREAS, the City of Fort Worth is required to amend its Ordinance No. 10056 to comply with the new standards, proce- dures, policies, and guidelines imposed by the Federal Emergency Management Agency; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: SECTION I Article VIII, Floodplain Provisions, of Chapter 7 of the Code of the City of Fort Worth, Texas (1986), as amended, be amended to be and read as follows: "ARTICLE VIII, FLOODPLAIN PROVISIONS "Division I. - Purpose, Objectives and Definitions. "Section 7-301. Findings of Fact. -1- 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, and extraor- dinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. b. These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities. Flood losses are also created by the uses vulnerable to floods which exist in the floodplain and are haz- ardous to other lands because they re inadequately flood-proofed, elevated or otherwise protected from flood damage. "Section 7-302. Statement of Purpose. This article is designed to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas, in order to: a. Protect human life and health; b. Minimize expenditure of public money for costly flood control projects; c. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; d. Minimize prolonged business interruptions; e. Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone, cables, sewer lines, streets and bridges located in floodplains; f. Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize potential future flood blight areas; g. Insure that potential buyers are notified that property is in a floodplain; and, h. Require that persons who knowingly occupy flood- prone areas assume full responsibility for their actions. _2_ "Section 7-303. Methods of Reducing Flood Losses. This Article provides for the following, consistent with achieving the purposes set forth above: a. To Restrict or prohibit uses that are dangerous to health, safety or property due to water or erosion hazards or which result in damaging increases in erosion, flood heights or velocities; b. To Require that uses vulnerable to floods, includ- ing facilities which serve such uses, be protected against flood damage at the time of initial con- struction; c. To Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; d. To Control filling, grading, dredging, and other development which may increase flood damage; e. To Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood-hazards to other lands; and, f. To Use any other method reasonably calculated to accomplish the purpose of this ordinance and to promote the public health, safety, and general welfare. "Section 7-304. Definitions. Unless specifically defined below, words or phrases used in this Article shall be given their common meaning and construed to effect a reasonable interpretation of this Article. ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial fan or similar landform which origi- nates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and disposi- tion; and unpredictable flow paths. APEX - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. APPEAL - means a request for a review by the boards or commissions specified herein of the Floodplain Administrator's -3- interpretation of any provision of this ordinance or a request for a variance. AREA OF SHALLOW FLOODING - means a certain type of flood zone, typically designated AO, AH, or VO on a community's Flood Insurance Rate Map which is defined below with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist., where the path of flooding is unpredictable, and where velocity flow may be evident, and be characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - means the land in a floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area is generally designated as Zone A on the Flood Hazard Boundary Map (which is defined below). After detailed ratemaking has been completed in preparation for publication of the Flood Insurance Rate Map, Zone A is typically redefined as one or more of the following Zones: A, AE, AH, AO, Al-99, VO, V1-30, VE or V. BASE FLOOD - means the flood having a one percent chance of being equaled or exceeded in any given year; also known as the 100-year flood. BASEMENT - means any area of the building having its .floor subgrade (below ground level) on all sides. CRITICAL FEATURE - means an integral and readily identi- fiable Part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT - means any man-made change in improved and unimproved real estate, including but not limited to the construction or alteration of buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. ELEVATED BUILDING - means a building with no basement which: i) for Zones Al-30, AE, A, A99, AO, AH, B, C, X, and D, has the top of the elevated floor, or for Zones V1-30, VE, or V, has the bottom of the lowest horizontal structural member of the elevated floor, elevated above ground level by means of piling, columns, posts and piers, or shear walls built parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of no greater magnitude than the base flood. For Zones Al-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill -4- or solid foundation perimeter walls with openings sufficient to allow for the unimpeded movement of flood waters. For Zones V1-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of 44 CFR Part 60, 60.3 (e)(5) of the National Flood Insurance Program regula- tions. A copy of the National Flood Insurance Program regula- tions are on file in the records under the custody and control of the Floodplain Administrator. EXISTING CONSTRUCTION - means, for the purpose of determining rates, structures for which the "start of con- struction" commenced before the effective date of the Flood Insurance Rate Map or before January 1, 1975, for FIRMS effective before that date. "Existing construction" is used interchangeably in this ordinance with the term "existing structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construc- tion of facilities for servicing the lots on which manufac- tured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain manage- ment regulation adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installa- tion of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD or FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land by water resulting from: (1) The overflow of inland or tidal waters, or (2) The unusual and rapid accumulation or runoff of surface waters from any source. FLOOD INSURANCE RATE MAP - means the official map of a community, or any amended or supplementary map, or any comparable or similar map which is a substitute or replacement therefore, as well as any revisions thereto on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. The Flood Insurance Rate Map shall also be referred to in this ordinance as FIRM. -5- FLOOD INSURANCE STUDY - is the official report which is periodically issued by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary - Floodway Map. FLOODPLAIN or FLOOD-PRONE AREA - means any land area susceptible to being inundated by the base flood (see defini- tion of FLOOD or FLOODING) FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency prepared- ness plans, flood control works and floodplain management regulations. FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify f looding in order to reduce the extent of the areas within a community subject to a special flood hazard as described in Section 7-301 herein and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes, storm drain systems and detention/retention systems. These specialized flood modifying works are those constructed to conform to sound engineering standards. FLOOD PROOFING - means any combination of structural and non-structural additions, changes, or adjustments to struc- tures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY or REGULATORY FLOODWAY - means the channel of a river or other water course 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 height. FUNCTIONALLY DEPENDENT USE - means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; however, the term does not include long- term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. -6- HISTORIC STRUCTURES - means any structure that is: (a) Listed individually in the National Register of Historic Places (a listing, maintained by the Department of Interior) or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register: (b) Certified or preliminarily determined by the Secre- tary of the Interior as contributing to the histor- ical significance of a register historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district: (c) Individually listed on a state inventory of histor- ic places in states with historic preservation programs which have been approved by the Secretary of Interior; or (d) Individually listed on a local inventory or histor- ic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior or; (2) Directly by the Secretary of the Interior in states without approved programs. LEVEE - means a man=made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from flooding. LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR - means the lowest floor of the lowest enclosed area including basement. An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design require- ment of 44 CFR Part 60, Section 60.3 of the National Flood Insurance Program regulations. MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation -7- when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. MANUFACTURED HOME PARK OR SUBDIVISION - mean a parcel of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION - means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of this Ordinance; provided, however, that "new construction" as defined under Ordinance 8095, which is in violation of Ordinance 8095 and remains in violation thereof after the effective date of this ordinance, shall be considered new construction under this ordinance. NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construc- tion of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or .after the effective date of floodplain management regulations adopted by the community. RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizonal projections; (iii) designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use. RIVERINE - the condition of a body of water which is channelized and flowing and either in a natural or improved condition. START OF CONSTRUCTION (for other than new construction or substantial improvements under the Coastal Barriers Resources Act (Pub.L.97-348)) means the date the building permit was issued, and pertains to substantial improvement to an existing structure as well as construction of a new structure, provided the actual start of construction, repair, reconstruction, or -8- placement of new or existing improvements was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as he pouring of a slab or footings, the installation of piles, the construction of columns, or any work which has progressed beyond the stage of excavation and which shall include the placement of a manufactured home on a foundation. Permanent 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 basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installa- tion on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. STRUCTURE - means any walled and roofed building and shall in addition include manufactured homes and gas or liquid storage tanks that are principally above ground. SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT - means any repair, reconstruc- tion, 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) before the damage occurred, if the structure has been damaged and is being restored. For the purposes of the definition, "substantial improve- ment" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, 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, sani- tary, environmental or safety code specifications which are solely necessary to assure safe living conditions; or, -9- (2) any alteration of a structure listed on the Na- tional Register of Historic Places or a State Inventory of Historic Places. VARIANCE - means a grant of relief from the requirements of this ordinance. A variance, therefore, permits construction or development in a manner otherwise prohibited by this Article. For full requirements see 44 CFR Part 60, Section 60.6 of the National Flood Insurance Program Regulations, a copy of which is on file in the records under the custody and control of the Floodplain Administrator. VIOLATION - means the failure of a structure or other development to comply with the community's flood-plain management regulations. A structure or other development without the elevation certificate, other certifications, permits, or other evidence of compliance required in said Section 60.3 (b) (5) , (c) (4) , (c) (10) , (d) (3) , (e) (2) , (e) (4) , or (e)(5) of the National Flood Insurance Program regulations is presumed to be in violation until such time as that documenta- tion is provided. WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 of floods of various magnitudes and frequencies in the flood- plains of coastal or riverine areas. "Sections 7-305 - 7-315. Reserved. `"Division 2. General Provisions. "Section 7-316. Lands to Which This Article Applies. This Article shall apply to all floodplains within the City of Fort Worth or otherwise under its jurisdiction and control, "Section 7-317. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by he Federal Emergency Management Agency in the most current scientific and engineering report entitled "The flood Insur- ance Study for the City of Fort Worth," dated August 2, 1995, with accompanying Flood Insurance Rate Maps (FIRM) or any amended or supplementary maps, or any comparable or similar map which is a substitute or replacement therefore, as well as any revisions thereto are hereby adopted by reference and declared to be a part of this article. "Section 7-318. Establishment of Floodplain Development Permit. -10- A Floodplain Development permit shall be required to ensure compliance with the provisions of this ordinance. Procedures to obtain such a permit are set forth in Section 7- 333 below. "Sections 7-323 - 7-330. Reserved. "Division 3 - Administration. "Section 7-331. Designation of the Local Floodplain Adminis- trator. The Director of the Department of Engineering is hereby appointed the Floodplain Administrator to administer and implement the provisions of this Article and other appropriate sections of 44 CFR (National Flood Insurance Program Regula- tions) pertaining to floodplain management. "Section 7-332. Duties and Responsibilities of the local Floodplain Administrator. Duties and responsibilities of the Floodplain Administra- tor shall include, but not be limited to, the following: (1) Maintain all records pertaining to the provisions of this ordinance. (2) Review permit applications to determine whether proposed building sites will be reasonably safe from flooding. (3) Review and approve or deny all applications for development permits required by adoption of this ordinance. (4) Review permits for proposed Development within a floodplain to require that ail necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amend- ments of 1972, 33 U.S.C. 1334) from which prior approval is required. (5) Review all applications for Permits for Development within a Floodplain to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 7-350a are met. (6) Interpret as needed the exact location of the boundaries of the areas of special flood hazards. For example, where there appears to be a conflict -11- between a mapped boundary and actual field condi- tions, the Floodplain Administrator shall make the necessary interpretation. The Floodplain Adminis- trator shall make such determinations in a reason- ably prudent manner. When any such interpretation results in a determination that an area is not a special flood hazard, the issuance of any building permits for any part of the area subsequent thereto shall be subject to the applicants agreement to indemnify, hold harmless, and defend the City of Fort Worth and the Floodplain Administrator for any adverse consequences resulting from or related to such a determination. (7) Notify, in riverine situations, adjacent communi- ties and the Texas Water Commission, prior to any alteration or relocation of a water course, and submit evidence of such notification to the Federal emergency Management Agency. (8) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained or increased. (9) When base flood elevation data has not been provid- ed in the maps referenced in Section 7-317 for an area within the jurisdiction of the City, the Floodplain Administrator shall obtain, review and utilize to the extent possible, any base flood elevation data and floodway data available from a Federal, State or other source, in order to admin- ister Division 4 of this Article. (10) Require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-30 and RE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed develop- ment, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (11) Grant variances consistent with the provisions of Section 7-334 Variance Procedures. "Section 7-333. Permit Procedures. a. Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by the Administrator and shall include but not be limited to, plans in duplicate -12- drawn to an appropriate scale acceptable to the Administrator showing the location, dimensions, and elevation of proposed landscape alterations and existing and proposed structures in relation to areas of special flood hazard. An area map drawn to an acceptable scale shall also be submitted which shows existing .development and structures within 500 feet of the floodplain within the area of develop- ment which reflects the proposed alterations and existing and proposed structures. The lowest finished floors of all existing structures shall be shown on the area map. Technical information will be required to satisfactorily evaluate the anticipated flood heights and velocities consistent with the provisions of this Article and all other City policies pertaining to drainage. The applicant shall furnish the required information utilizing the services of a Professional Engineer or Public Land Surveyor registered in the State of Texas as is applicable. Additionally, the following informa- tion is required: 1. Certification from a registered Public Land Survey- or of the actual elevation in relation, to mean sea level, of the lowest floor including basement of all new and substantially improved structures; 2. Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed (floodproofing requirements are set forth in Section 7-347b below): 3. A certification from a registered professional Engineer or Architect that the nonresidential floodproofed structures shall meet the floodproof- ing criteria of Section 7-347b. 4. Description of the extent to which any water-course or natural drainage will be altered or relocated as a result of proposed development. b. Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: 1. The danger to life and property due to flood- ing or erosion damage; 2. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; -13- 3. The danger that materials may be swept on to other lands to the injury of other persons or property; 4. The compatibility of the proposed use with existing and anticipated developments; 5. The safety of access to the property in times of flood for ordinary and emergency vehicles; 6. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; 7. 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; 8. The necessity to the facility of a waterfront location, where applicable; 9. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; 10. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; and 11. The cumulative effects. of development and the associated loss of storm water storage and/or detention. "Section 7-334. Variance Procedures. Variances may be issued for new construction and substan- tial improvements and for other development necessary for the conduct of a Functionally Dependent Use provided that the criteria outlined in Paragraphs (1) - (10) below are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (1) A request for a variance shall be submitted in writing to the Floodplain Administrator. The Admin- istrator may issue a variance consistent with the provisions of this Section. -14- (2) Denial of a variance by the Floodplain Administra- tor concerning design standards for floodproofing which have been set forth in a nationally recog- nized standard acceptable to the City, shall be made to the Construction and Fire Prevention Board of Appeals. The Board may only approve alternate methods and shall not approve the omission thereof. (3) I If there is an alleged error in any require- ment, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Article, other than that set forth in Section 7-333 above may be appealed to the Plan Commission. (4) The Floodplain Administrator shall maintain a record of all actions, involving an appeal and shall report any variances to the Federal Emergency Management Agency upon request. (5) Variances may be issued for the reconstruction, rehabilitation 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 Article. (6) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures con- structed below the base flood level, provided the relevant factors in Section 7-333(b) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this Article, the Floodplain Admin- istrator or appropriate appeal board may attach such conditions to the granting of variances as deemed necessary to further the purposes and objec- tives of this Article. (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. A variance shall only be issued upon a determination that: (a) the variance is the minimum necessary consid- ering the flood hazard to afford relief; -15- (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 vari- ance 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 (including future owners) or conflict with existing local laws or ordinances. (9) 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 with the lowest floor elevation below the standard minimum floor elevation, the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Such notice shall be effective upon deposit in United States mail. "Sections 7-335 - 7-345. Reserved. "Division 4 - Provisions for Flood Hazard Reduction "Section 7-346. General Standards. In all areas of special flood hazards the following provisions are required: (1) All new construction or substantial improvements shall be designed or modified and adequately an- chored to prevent flo tation, collapse, or lateral movement of the struc ture resulting from hydrody- namic and hydrostatic loads, including the effects of buoyancy. (2) All new construction or substantial improvements shall be constructed using methods and practices that minimize flood damage. (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage. (4) All new construction or substantial improvements shall be constructed with electrical, heating, -16- ventilation, plumbing, and air conditioning equip- ment and other service facilities that are designed or located so as to prevent water from entering or accumulating within the components during condi- tions of flooding. (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. (6) All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infil- tration of flood waters into the systems and dis- charge from the systems into flood waters. (7) All new and replacement on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. "Section 7-347. Specific Standards. In all areas of special flood hazards where base flood elevation data have been provided, the following provi- sions are required: a. Residential Construction New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least two feet above the floodplain base flood elevation resulting from ultimate development of the watershed. A registered Public Land Surveyor shall submit a certifi- cation to the Floodplain Administrator that the standards of this subsection and Section 7-333a.1. are satisfied. 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 two feet above the floodplain base flood elevation resulting from ultimate development of the watershed; or, together with attendant utility and sanitary facilities, shall: 1. Be designed so that below the level of two feet above the floodplain base flood elevation resulting from the ultimate development of the watershed, the structure is watertight with walls substantially impermeable to the passage of water and with struc- -17- tural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. 2. Have a registered Professional Engineer or Archi- tect develop and/or review structural design, specifications and plans for the construction, and certify that the design and methods of construction are in accordance with accepted standards of prac- tice as outlined in this subsection. 3. Provide a record of such certification which in- cludes the specific elevation in relation to mean sea level to which such structures are flood- proofed. The record shall be maintained by the Floodplain Administrator. c. Enclosures New construction and substantial improvements below the lowest floor, with fully enclosed areas that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered Professional Engineer or Architect and meet or exceed the following minimum criteria: 1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. 2. The bottom of all openings shall be no higher than one foot above grade. 3. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood- waters. d. Manufactured Homes All mobile home parks and subdivisions which were developed in accordance with City Standards prior to October I, 1986 shall not be subject to the requirements of this Section and Section 7-348 unless such mobile home park and subdivision submits to the City for redevelopment. 1. All manufactured homes to be placed within Zone A, shall be installed using methods and practices which minimize flood damage. For the purpose of -18- this requirement, manufactured homes must be ele- vated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the- top or frame ties to ground anchors. This require- ment is in addition to applicable State and local anchoring requirements for resisting wind forces. 2. All manufactured homes shall be in compliance with Section 7-347a. 3. All manufactured homes to be placed or substantial- ly improved within Zones Al-30, AH and AE on the community's FIRM shall be elevated on a permanent foundation such that the lowest floor of the manu- factured home is at a level two feet above the floodplain base flood elevation resulting from ultimate development of the watershed; and be securely anchored to an adequately anchored founda- tion system in accordance with the provision of this Section. 4. No manufactured home will be allowed to be placed within a floodway. e. Recreational Vehicles. All recreational vehicles to be placed on sites within Zones 1-30, AH, and AE on the community's FIRM either (i) be on the site for fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements of Section 7-333, and the elevation and anchoring requirements for "Manufactured Homes" in paragraph d of this section. A recreational vehicle is ready for highway use if it is on wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. "Section 7-348. Standards For Subdivision Proposals a. All subdivision proposals including manufactured home parks and subdivisions shall be consistent with Section 7-301, Section 7-302, and Section 7- 303 of this Article. b. All proposals for the development of subdivisions including manufactured home parks and subdivisions shall meet Floodplain Development Permit require- ments of Section 7-318, Section 7-333, and the provisions of Division 4 of this Article. -19- c. Generation of floodplain base flood elevation data based on ultimate development of the watershed may be required by the Floodplain Administrator for subdivision proposals and other proposed develop- ment including manufactured home parks and subdivi- sions if not otherwise provided. d. All subdivision proposals including manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. e. All subdivision proposals including manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, elec- trical and water systems located and constructed to minimize or eliminate flood damage. "Section 7-349. Standards for Areas of Shallow Flooding (AO/AH Zones). (1) All new construction and substantial improvements of residential structures shall comply with the more stringent of the following provisions. a. The lowest floor (including basement) shall be elevated to a point equal to two feet above the floodplain base flood elevation resulting from the ultimate development of the water- shed. b. The structure shall be elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is speci- fied) . (2) All new construction and substantial improvement of nonresidential structures shall comply with either (a) or (b) below. a. The more stringent of the following shall apply: (i) The lowest floor (including basement) shall be elevated to a point equal to two feet above the floodplain base flood elevation resulting from the ultimate development of the watershed, or; (ii) The structure shall be elevated above the highest adjacent grade at least as high as the depth number -20- specified in feet on the FIRM (at least two feet if no depth number is specified). b. The structure and attendant utility and sani- tary facilities shall be designed so that at the most stringent elevation described in (i) and (ii) above, the structure is watertight with walls substantially impermeable to the passage of water and with structural compo- nents having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (3) A registered Professional Engineer, Architect and/or Public Land Surveyor, as applicable, shall submit a certification to the Floodplain Adminis- trator that the standards of this Section and Section 7-333a.1. are satisfied. (4) Adequate drainage swales shall be provided around structures on slopes within Zones AH or AO to guide flood waters around and away from proposed struc- tures. "Section 7-350. Floodways Located within areas of special flood hazard established in Section 7-316 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 shall apply: a. Encroachments are prohibited including fill, new construction, substantial improvements and other development unless an approved technical evaluation by a registered Professional Engineer is provided demonstrating that he cumulative effect of the proposed encroachments when combined with ail other existing and anticipated development and encroach- ment shall not result in any increase in flood levels within the community 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 Division 4 - Provi- sions for Flood Hazard Reduction. c. Under the provisions of 44 CFR Chapter 1, Section 65.2, of the National Flood Insurance Regulations, -21- a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA. "Section 7-351. Penalties for Non-Compliance. No structure or land shall hereafter be located, altered or have its use changed 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 one thousand dollars for each violation, and each and every day the violation occurs shall constitute a separate violation. Nothing herein contained in this Section or any other Section of this Ordinance 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 build- ing permit, or to obtain injunctive relief against the violator pursuant to Tex. Civ. Stat. Ann. Art. 1175f (Vernon's 1986) or any other statute, or any other legal remedy available to the City. "Section 7-.352. Abrogation and Greater Restrictions. This Article is designed to be cumulative and in~ no way abrogate other provisions of the State law, the City Code, ordinances, rules, approved policies of various City of Fort Worth and other governmental commissions and departments dealing with flooding, or any existing easements, covenants or deed restrictions. If there exists any apparent conflict or overlap between provi- sions of this ordinance and other ordinances, rules or regulations., or any easements, covenants or deed restric- tions affecting the property in question, the more stringent provision shall apply. All procedures and permits mandated by other provisions of the City's laws shall remain in full force and effect and are incorporat- ed as if reproduced in full herein. Some examples of these other materials include the Subdivision Ordinance (Ordinance No. 7234, as amended), the Rules and Regula- tions of the City Plan Commission as amended (especially Part IV - "Design Standards, - Section 405 - "Ease- ments"), and the Zoning Ordinance (Ordinance No. 3011, as -22- amended). There are Federal and State laws that are and remain applicable to this subject matter. "Section 7-353. 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 City of Fort Worth; and c. Deemed neither to limit nor repeal any other powers granted under State statutes. "Section 7-354. 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. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This Article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damage. This Article shall not create liability on the part of the City of Fort Worth, or any officer or employee thereof for any flood damage that results from reliance on this Article or any administrative decision lawfully made thereunder. "Sections 7-355 - 7-370. Reserved. "Division 5 - Abatement "Section 7-371. Order of Abatement. Whenever the Floodplain Administrator finds, that a violation of the provisions of this Article has occurred, he shall advise the property owner of this violation in writing and direct said owner to abate the violation. For purposes of this ordinance, said notice shall be mailed by certified mail and shall be effective when deposited in the mail addressed to the person or entity listed as the owner on the tax rolls of the City of Fort Worth, regardless of whether such person or entity owns record title to the property or is otherwise the legal owner of the property. The notice shall detail the nature of the violation and shall establish a reasonable abatement period. -23- "Section 7-372. Extension of Time. Whenever an order has been given by the Floodplain Administrator to abate any violation of this Article under the provisions of Section 7-371 the owner thereof shall have the right, within the period of time given in the order for abatement, to appear at the office of the Floodplain Administrator with a written explanation to show cause why such order shauld not or cannot be complied with, and the Floodplain Administrator may, at his discretion, give such extension of time for the abatement or removal of such violation as may be neces- sary, provided that there is no immediate danger to the public health, safety or general welfare. "Section 7-373. Voluntary Abatement. The owner of any property found to be in violation under the provisions of this Article may abate the violation at any time within the abatement period by repair or removal. The Floodplain Administrator shall be advised in writing by the owner of the property that the abatement has occurred and may inspect the premises to insure that the violation has been abated. Should any of the items which constitute a violation be placed on other public or private property without consent from the owner or person in control of such property, this will constitute a separate violation of this Ordinance and appropriate enforcement action shall be taken by the Floodplain Administrator. "Section 7-374. Failure to Voluntarily Abate a Violation. If a violation is not properly abated within the period established under the provisions of Section 7-371, the City Council shall hold a public hearing to determine if the violation should be abated under the police powers of the City. "Section 7-375. Notice of Public Hearing. A written notice of the public hearing before the City Council shall be served on the property owner at least 10 days prior to the date set for the public hearing. Service shall be made upon the owner by personal service, or by certified or registered mail. If made by certified mail, services shall be effective on the date the notice is deposited in the United States mail. If there is no known address for the owner, the notice of the hearing shall be published in a newspaper of general circulation in the City at least ten (10) calendar days before the -24- hearing. The failure of any person to receive such notice shall not affect the validity of the proceedings. "Section 7-376. Hearing by the City Council. At the public hearing, the City Council shall hear and consider all relevant evidence, objections or protests and shall receive testimony from owners, witnesses, city personnel and interested persons relative to such alleged violation and to proposed abatement measures. The hearing may be continued from time to time. "Section 7-377. Decision of the City Council. Following the public hearing, the City Council shall consider all evidence and determine whether the property, or any part thereof, constitutes a violation of this Article as alleged. If the Council finds that a violation does exist and that there is .sufficient cause to abate the violation, the City Council shall make a written order setting forth the findings and ordering the owner or other person having charge or control of the property to abate the violation by repair or removal in the manner and by the means specifically set forth in that order. The order shall set forth the time within which the abatement shall be completed. "Section 7-378. Limitation on Filing Judicial Actions. Any owner or other person with a vested interest who is aggrieved by the decision of the City Council ordering the abatement of any violation under the provisions of this Article may contest such decision by filing a petition in court within ten (10) days of the date of the decision of the City Council. Otherwise, the decision of the City Council shall be deemed final and conclusive, and all objections to such decision shall be deemed waived. "Section 7-379. Service of Abatement Order. Within five days following the decision of the City Council, the property owner and/or the person having charge or control of the premises shall be served with a copy of the written order in the manner provided in Section 7-375. "Section 7-380. Abatement by Property Owner. The property owner, or person having charge or control of the property, may at his own expense abate the violation as prescribed by the order of the City Council prior to -25- the expiration of the abatement period set forth in order. If the violation has been inspected by a repre- sentative of the Transportation and Public Works Depart- ment and has been abated in accordance with the order, the proceedings shall be terminated. "Section 7-381. Abatement by City. If a violation is not completely abated within the time prescribed in the City Council order, the Floodplain Administrator, or other designated city official, is authorized and directed to cause the violation to be abated by city forces or private contract. In further- ance of this section, the Floodplain Administrator or duly authorized agents, employees, contractors, subcon- tractors, or other representatives of the City of Fort Worth are expressly authorized to enter upon the property to abate the violation. "Section 7-382. Record of Abatement Costs. (a) The Floodplain Administrator, or such other city official as the Administrator may designate, shall keep an account of the costs (including incidental expenses) of abating the violation on each separate lot or parcel of land where the work is done and shall render an itemized report in writing to the City Council showing the cost of abatement of said, violation including any salvage value relating thereto; provided that before said report is sub- mitted to the City Council a copy of the same shall be served on the property owner in the manner provided in Section 7-375, together with a notice of the time when said report shall be heard by the City Council for confirmation. (b) The City Council shall set the matter for hearing to determine the correctness and reasonableness of the abatement costs. (c) Written proof of the service of such report shall be made under oath and filed with the City Secre- tary. (d) The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the city in the preparation of notices, specifica- tions and contracts, inspection of work (including survey if necessary), and costs of printing, mail- ing and Publication required hereunder. -26- "Section 7-383. Report - Hearing and Proceedings. The City Council shall hear and pass upon the report of the abatement costs, together with any objections or protests. Thereupon, the City Council may make such revision, correction or modification in the report, as it may deem just, after which, the report, as submitted or as revised, corrected or modified, shall be confirmed by the Council. The decision of the City Council on the correctness and reasonableness of abatement costs shall be final and conclusive. "Section 7-384. Assessment of Costs Against Property-lien. (a) The total cost of abating such firmed by the City Council, special assessment against th parcel of land to which it recordation in the Office of t notice of lien, as so made a violation, as con- shall constitute a e respective lot or relates, and, upon he County Clerk of a nd confirmed, shall constitute a lien on said property for the amount of such assessment. (b) After such confirmation and recordation, a copy of the notice of lien may be turned over to the city Tax Department, whereupon it shall be the duty of the Tax Collector to add the amounts of the respec- tive assessments to the next regular city tax bills for said respective lots and parcels of land, and thereafter said amounts shall be collected at the same time and in the same manner as ad valorem taxes are collected and shall be subject to the same penalties and the same procedure under fore- closure and sale as in the case of delinquent ad valorem taxes. (c) At any time after recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. (d) The foregoing remedy shall not preclude a suit against any person violating this ordinance who may be held personally liable for the cost incurred by the City of Fort Worth in connection with such abatement procedures. The costs of abating any such violation shall constitute a personal liability of the person causing such abatement procedures to be necessary. In addition, the foregoing remedy shall not constitute the exclusive remedy available to the City of Fort Worth to abate a violation of or otherwise enforce the provisions of this ordinance, and the City of Fort Worth may elect any other -27- legal remedy or remedies available to it to obtain compliance with this ordinance. The abatement provisions set forth above shall operate as an enlargement and not a limitation of the power of the City of Fort Worth, and such provisions shall not prevent said City from using any means legally available to it, with or without notice to the landowner, in the event of an emergency or other situation posing a serious threat to the public health, safety, or welfare. SECTION 2 That any person, firm or corporation violating any provision of this Article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed One Thousand Dollars ($1000.00). 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 unconstitu- tional 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 7, Code of the City of Fort Worth, Texas (1986), as 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 two (2) days in the -28- 1 official newspaper of the City of Fort Worth, as authorized by Article 1176b-1, Revised Civil Statutes of Texas. Tex. Loc. Govt. Code 52.013 (Vernon's 1987). 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. That this ordinance shall be in full force and effect from and after the date of its passage and publication as above specified. APPROVED AS TO FORM AND LEGALITY.: /~~~ City At ney ADOPTED C~~ ~- ~~' EFFECTIVE: -29- City of Fort Worth, Texas Mayor and Council Communication DATE ~sRERNCE **G11126 LOG NAME PAGE 06/13/95 30ADOPT 1 of 1 SUBJECT ADOPTION OF CITY ORDINANCE AMENDING ARTICLE VIII, FLOODPLAIN PROVISIONS, CHAPTER 7, CODE OF THE CITY OF FORT WORTH RECOMMENDATION It is recommended that the City Council adopt the attached ordinance amending Article VIII, Floodplain Provisions of Chapter 7 of the Code of the City of Fort Worth DISCUSSION On March 8, 1995, the Federal Emergency Management Agency (FEMA) notified the City that, as a condition of the City's continued eligibility in the National Flood Insurance Program (NFIP), the City's local flood plain management regulation must equal or exceed the standard criteria established in 44CFR, Chapter I, Part 60 3 (d) of the NFIP The ordinance presented has been reviewed by FEMA for compliance with FEMA regulations The proposed ordinance meets or exceeds federal regulations FISCAL INFORMATION/CERTIFICATION The Director of Fiscal Services certifies that no funds are required MG a b Subnntted for City Managers FUND ACCOUNT CENTER AMOUNT CITY S RETARY office by: a~) APPRQVED CITY CQC1NCi~ ~' 6140 , Mike Groomer Originating Department Head: i11~ 1~ ' A. Douglas Rademaker 6157 (from) or tron ormation, City 5earel~ d tYk~ Contact: City of Fort WOY1lt~'~ A. Douglas Rademaker 6157 Adopted Ordinance No. ~~v ~=«! Printed on recycled paper