HomeMy WebLinkAboutOrdinance 11517~`
ORDINANCE N0. ~~~/
AN ORDINANCE AMENDING CHAPTER 7, "BUILD:LNGS"
OF THE CODE OF THE CITY OF FORT WORTH (1986),
AS AMENDED, BY ADDING TO ARTICLE VIII,
"FLOODPLAIN PROVISIONS" A NEW DIVISION 5,
"DEVELOPMENT WITHIN THE TRINITY RIVER
CORRIDOR"; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY; REPEALING
ALL PROVISIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING A FINE UP TO $2,000 FOR
EACH OFFENSE IN VIOLATION OF THIS ORDINANCE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH,TEXAS
Section 1.
That Chapter 7, "Buildings" of the Code of the City of Fort
Worth (1986), as amended, is hereby amended by adding to Art.
VIII, "Floodplain Provisions", a new Division 5 - "Development
within the Trinity River Corridor", such division to be and read
as follows:
Division 5 - Development within the Trinity River Corridor
Section 7-385. Statement of Purpose.
The purpose of this section is to assure the orderly and proper
development of the Trinity River Corridor, to provide for the
overall health, safety, and welfare of our citizens.
Section 7-386. Definitions.
Corridor Development Certificate - means the permit issued by the
City prior to development within the Regulatory Zone of the
Trinity River Corridor.
Corridor Development Certificate Manual - means the manual by
that title dated January 31, 1992.
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, drilling
operations or levees or any other improvement.
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March 8, 1994 ].
Regulatory Zone - means the area within the Trinity River
Corridor as defined by the current City approved 100-year
floodplain.
Trinity River Corridor - means the area defined by the bed and
banks of the Trinity River and the adjacent river floodplain
within the City of Fort Worth. Also referred to as Corridor.
Section 7-387 January 31, 1992 edition Corridor Development
Certificate Manual adopted.
The January 31, 1992 edition of the Corridor Development
Certificate Manual, as amended hereby, is adopted as the standard
for development within the Trinity River Corridor and is attached
hereto as Exhibit "A" and is incorporated herein by reference.
Section 7-388. Certificate Required.
A person commits a violation by commencing development within the
Regulatory Zone without first obtaining a Corridor Development
Certificate from the Floodplain Administrator.
Section 7-389. Application.
An application for a Corridor Development Certificate must be
filed with the Floodplain Administrator on forms provided by the
Department of Engineering.
Section 7-394 Review of Application; Approval; Denial of
Approval.
The Floodplain Administrator or his duly authorized designee
shall be responsible for the review of an application for a
Corridor Development Certificate. The application shall be
approved if it conforms to the requirements of the Corridor
Development Certificate Manual, as amended, or unless exception,
variance, or exemption is granted; otherwise, the application
shall be. denied.
Section 7-391. Exemptions, Variances and Exceptions.
A. Exemptions
1. An exemption from the requirements of this section may be
obtained if the development involves the following
activities:
a. Ordinary maintenance of and repair to flood control
structures.
D \Floodplain\Gary
March 8, 1994
b. The construction of outfall structures and
associated intake structures if the outfall has
been permitted under State or Federal. law.
c. Discharge of material for backfill oz• bedding for
utility lines, provided there is not significant
change in preexisting bottom contours and excess
material is removed to an area outside of the
Regulatory Zone.
d. Bank stabilization.
e. Development activity that is (1) completely outside
of the Regulatory Zone but within the Review Zone;
and (2) determined by the U.S. Army Corps of
Engineers that no permits are required.
f. Any project listed in the U. S. Army Corps of
Engineers March 1990 Reconnaissance Report which is
attached as Appendix A to the Corridor Development
Certificate Manual, or any project approved under
the provisions of this Division, provided the
approval, permit or authorization has not expired
and no significant changes have occurred since the
approval, permit, or authorization was issued.
2. Application for an exemption must be made to the
Floodplain Administrator on a form provided by the
Department of Engineering.
3. If the Floodplain Administrator determines that an
application for an exemption falls within one of the
categories listed herein, the Floodplain Administrator
shall issue a written exemption from the requirements
from this Division and approve the application.
B. Variances. If the Floodplain Administrator determines that
an application for a Corridor Development Certificate does
not comply with the standard established in this Division,
the applicant may apply for a variance to the standard. An
application for a variance must be made to the Floodplain
Administrator, who may schedule. the application for
consideration by the City Council. The City Council may
grant a variance provided the variance will not violate any
provision of federal or state law, result i.n increased flood
levels, or endanger life or property.
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March 8, 1994 3
,.
C. Exceptions. Development within the Regulatory Zone of the
Trinity River Corridor shall meet the standards provided in
the Corridor Development Certificate Manual with the
following exceptions:
1. Hydraulic Data: Hydraulic data is only required for the
current City approved 100-year flood event unless levees
are proposed. When levees are proposed, the applicant
shall also submit the current City approved Standard
Project Flood event data for the purpose of levee
freeboard evaluation.
2. Elevation-Storage-Discharge Data: The submittal or
evaluation of elevation-storage-discharge data is not
required for the current City approved Standard Project
Flood unless such data is required prior t.o the receipt
of any other necessary State, Federal or local
governmental agency permit.
3. Resource Data: .Resource data is not required unless such
data is required prior to the receipt of any other
necessary State, Federal or local governmental agency
permit.
Section 7-392. Additional Standards for Development.
Sections 7-331 through 7-334 are made a part of this Division 5.
Section 2.
This ordinance shall be cumulative of all provisions of
ordinances and the Code of the City of Fort Worth, Texas (19$6),
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 3.
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 phrase, clause,
sentence, paragraph or section.
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March 8, 1994
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Section 4.
Any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists, the enforcement
of any of the provisions of this ordinance shall be fined not
more than Two Thousand ($2,000) for each offense. Each day that a
violation is permitted to exist shall constitute a separate
offense.
Section 5.
The City Secretary of the City of Fort Worth, 'Texas is hereby
authorized to publish this ordinance in pamphlet form for general
distribution among the public, and the operative provisions of
this ordinance as so published shall be admissible in evidence in
all courts without further proof than the production thereof, as
provided in Chapter XXV, Section 3, of the Charter of the City of
Fort Worth, Texas.
Section 6.
The City Secretary of the City of Fort Worth, Texas, is hereby
directed to publish the caption and Section 4 of this ordinance
for two (2) days in the official newspaper of the City of Fort
Worth, Texas, as authorized by Section 2, Chapter XXV of the
Charter of the City of Fort Worth, Texas and by Section 52.013,
Texas Local Government Code.
Section 7.
This ordinance shall be in full force and effect after its
passage and publication as required by law, and it is so
ordained.
APPROVED AS TO FORM AND LEGALITY:
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Date: ~/I ~~
ADOPTED: ~ 'a ~` -! ~f'
EFFECTIVE:
D \Floodplain\Gary
March 8, 1999 [j
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City of Fort Worth, Texas
Mayor and' Council Communication
I DAl t I tStl'CISCIVIrC ivvrviGloS$9 I `vV '•r-"••` ~ I • • •__
03/22/94 30CORR 1 of 2
I SUBJECT IODEVELOPMENT WDIH N THE TRINITY"R VER ICORRIDOR'DDING A NEW DIVISION 5
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending Chapter 7,
"Buildings" of the Code of the City of Fort Worth (1986), as amended, by adding a new Division
5 to be entitled "Development within the Trinity River Corridor"
DISCUSSION
On February 1, 1994, staff presented City Council with an informal report and a detailed briefing
on the Trinity River Corridor Development Certificate process The recommended ordinance will
adopt the regional criteria and processes for development within the Trrinity River Corridor The
Trinity River Corridor is defined as "the bed and banks of the Trinity River and the adjacent river
floodplain within the City of Fort Worth"
The proposed ordinance provides for the following provisions to be applied within the Trinity -
River Corridor
o The requirement fora ,Corridor Development Certificate: to be issued prior to
development within the Trinity River Corridor
o Specific technical criteria which will allow no rise in the 100-year water surface
elevation or doss in 100-year valley storage
o A regional review, comment and permitting process which coordinates proposed ,
projects with other permitting agencies and cities and retains the City's sole
:permitting authority-
o Provides for special ,exemptions, variances and exceptions
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City of Fort Worth, Texas
Mayor and Coun~~il Camrznr~cnication
DATE REFERENCE NUMBER LOG NAME PAGE
03/22/94 G10589 3000RR 2 of 2
SUBJECT ORDINANCE AMENDING CHAPTER 7, " __
BUILDINGS" BY ADDING A NEW DIVISION 5
"DEVELOPMENT WITHIN THE TRINITY RIVER CORRIDOR"
Adoption of this ordinance will provide for the orderly and proper development of the Trinity River
Corridor and will help insure that present and futu re development within the City is protected
from flood risks
FISCAL INFORMATION/CERTIFICATION
The Director of Fiscal Services certifies that no expenditures of City funds will be required by this
action
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by• (to) '
i
APPRO
V
ED
Mike Groomer 614 '
y
CITY COUNCIL
Originating Department Head:
~~,ra ~~ 1994
A. Douglas Rademaker 6157 (from)
For Additional Information Cih i6oorstarporr !>~
~ 11' Fort Yyostlt
'ii~s
Contact: ,
A. Douglas Rademaker 6157 Opt@(~ Ofd{nanCe NQ.
~~~ Printed on recycled paper