HomeMy WebLinkAboutOrdinance 2061
ORDINANCE NO. 2061
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS that:
1.
Ordinance No. 1471 be, and is hereby, repealed.
2.
The following ordinance is hereby adopted as the Flood Damage Prevention
Ordinance of the City of North Richland Hills, Texas.
3.
This ordinance shall be in full force and effect from date of passage and
approval.
PASSED AND APPROVED this the 24th day of July, 1995.
APPROVED:
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Tommy Brown
ATTEST:
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,;eanette Rewis, City Secretary
AS TO FORM AND LEGALITY:
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FLOOD DAMAGE PREVENTION ORDINANCE
TABLE OF CONTENTS
Page
ARTICLE 1 - STATUTORY AUTHORIZATION, FINDINGS, PURPOSE & METHODS. 2
Section A. Statutory Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section B. Findings of Fact .................................... 2
Section C. Statement of Purpose ................................. 2
Section D. Methods of Reducing Flood Losses .. . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE 2 - DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE 3 - GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section A - Lands to which this Ordinance Applies. . . . . . . . . . . . . . . . . . . . . . 8
Section B - Basis for Establishing the Areas of Special Flood Hazard .......... 8
Section C - Establishment of Development Permit ...................... 8
Section D - Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section E - Abrogation and Greater Restrictions . . . . . . . . . . . . . . . . . . . . . . . . 9
Section F - Interpretation ...................................... 9
Section G - Warning and Disclaimer or Liability ....................... 9
ARTICLE 4 - ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section A - Designation of the Flood Plain Administrator . . . . . . . . . . . . . . . . . . 9
Section B - Duties and Responsibilities of the Flood Plain Administrator ........ 9
Section C - Permit Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
Section D - Variance Procedures ................................ 12
ARTICLE 5 - PROVISIONS FOR FLOOD HAZARD REDUCTION ............. 13
Section A - General Standards ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section B - Specific Standards ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
Section C - Standards for Subdivision Proposals . . . . . . . . . . . . . . . . . . . . . " 15
Section D - Standards for Areas of Shallow Flooding (AO/ AH Zones) . . . . . . . .. 15
Section E - Floodways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
ARTICLE 6 - SAVINGS CLAUSE AND CIVIL ENFORCEMENT. . . . . . . . . . . . . .. 17
FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE 1
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
Section A. Statutory Authorization
The Legislature of the State of Texas has in Vernon Annotated Civil Statues Article 962, delegated
the responsibility to local governmental units to adopt regulations designated to minimize flood
losses. Therefore, the City Council of the City of North Richland Hills, Texas does ordain as
follows:
Section R. Findings of Fact
1. The flood hazards areas of the City of North Richland Hills are subject to periodic
inundation which results in loss of life and property, health and safety hazards, disruption
of commerce and governmental services, and extraordinary public expenditures for flood
protection and relief, all of which adversely affect the public health, safety and general
welfare.
2. These flood losses are created by the cumulative effect of obstructions in Flood Plains
which cause an increase in flood heights and velocities, and by the occupancy of flood
hazard areas by uses vulnerable to floods and hazardous to other lands because they are
inadequately elevated, floodproofed or otherwise protected from flood damage.
Section C. Statement of Purpose
It is the purpose of this ordinance to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific areas by provisions designed
to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in flood plains;
6. 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 future flood blight areas; and,
7. Insure that potential buyers are notified that property is in a flood area.
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Flood Damage Prevention Ordinance
Section O. Methods of Reducing Flood T ,osses
In order to accomplish its purposes, this ordinance uses the following methods:
1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood,
or cause excessive increases in flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
3. Control the alteration of natural flood plains, stream channels, and natural protective
barriers, which are involved in the accommodation of flood waters;
4. Control filling, grading, dredging, and other development which may increase flood
damage;
5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood
waters or which may increase flood hazards to other lands.
ARTICLE 2 - DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to
give them the meaning they have in common usage and to give this ordinance its most reasonable
application.
ALLUVIAL FAN FLOODING means flooding occurring on the surface of an alluvial fan or
similar landform which originates at the apex and is characterized by high-velocity flows; active
processes or erosion, sediment transport, and deposition; and unpredictable flow paths.
APEX means a point on a 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 of tfie Flood Plain Administrator's interpretation of any
provision of this ordinance or a request for a variance.
AREA OF SHALLOW FLOODING means a designated AO, AH, or VO Zone on a
community's Flood Insurance Rate Map (FIRM) 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. Such
flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD is the land in the flood plain within a community
subject to a one percent or greater chance of flooding in any given year. The area may be
designated as Zone A on the FIRM. After detailed ratemaking has been completed in preparation
for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, AI-3D, AE, A99,
VO or VI-3D, VE or V.
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Flood Damage Prevention Ordinance
BASE FLOOD means the flood having a one percent chance of being equaled or exceeded in any
given year.
BASEMENT means any area of the building having its floor sub grade (below the ground level)
on all sides.
CRITICAL FEATURE means an integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire system would be compromised.
DEVEWPl\ŒNT means any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING means a non basement building built, in the case of a building in Zones
AI-3D, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case
of a building in Zones VI-3D, VE, or V, to have the bottom of the lowest horizontal structure
member of the elevated floor elevated above the ground level by means of pilings, columns (posts
and piers), or shear walls parallel to the floor of the water and adequately anchored so as not to
impair the structural integrity of the building during a flood of up to the magnitude of the base
flood. In the case of Zones AI-3D, AE, A, A99, AO, AH, B, C, X, or D, "elevated building"
also incudes a building elevated by means of fill or solid foundation perimeter walls with openings
sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones VI-3D, VE,
or V, "elevated building" also includes a building otherwise meeting the definition of "elevated
building", even though the lower area is encl~sed by means of breakaway walls if the breakaway
walls meet the standards of Section 6D.3(e)(5) of the National Flood Insurance Program
regulations.
EXISTING CONSTRUCTION means for the purposes of determining rates, structures for which
the "start of construction" commenced before the effective date of the FIRM of or before January
1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to
as "existing structures. "
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured
home park or subdivision for which the construction 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 before the effective date of the flood plain management regulations 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 installation 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 areas from:
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Flood Damage Prevention Ordinance
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(3) The collapse or subsidence of land along the shore of a lake or other body of water as a
result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a natural
body of water, accompanied by a severe storm, or by an unanticipated force of nature,
such as flash flood.
FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community, 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.
FLOOD INSURANCE STUDY means an examination, evaluation and determination of flood
hazards and corresponding water surface elevations.
FLOOD PLAIN OR FLOOD-PRONE AREA means any land area susceptible to being
inundated by water from any source (see definition of flooding).
FLOOD PLAIN MANAGEMENT means the operation of an overall program of corrective and
preventive measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and flood plain management regulations.
FLOOD PLAIN MANAGEMENT REGULATIONS means zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as a flood plain
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.
FLOOD PROOFING means any combination of structural and non-structural additions, changes,
or adjustments to structures which reduce or eliminate flood damage to real estate or improved
real property, water and sanitary facilities, structures and their contents.
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 flooding in order to reduce the extent of the areas within a community subject to a "special
flood hazard" and the extent of the depths of associated flooding. Such a system typically includes
hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying
works are those constructed in conformancew,vith sound engineering standards.
FLOODWAY (REGULATORY FLOODWAY) means the channel of a river 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 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. The term includes only docking
facilities, port facilities that are necessary for the loading and unloading of cargo or passengers,
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Flood Damage Prevention Ordinance
and ship building and ship repair facilities, but does not include long term storage or related
manufacturing facilities.
IDGHEST ADJACENT GRADE means the highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE means any structure that is:
(1) listed individually in the National Register of Historic Places (a listing maintained by
the Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing
to the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
(3) individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(a)By an approved state program as determined by the Secretary of the Interior;
or.
(b)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 temporary 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.
WWEST 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 I s lowest floor; provided
that such enclosure is not built so as to render the structure in violation of the applicable non-
elevation design requirement of 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 when
attached to the required utilities. For flood plain management purposes the term "manufactured
home" also includes park trailers, travel trailers, and other similar recreational vehicles placed on
a site for greater than 180 consecutive days.
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Flood Damage Prevention Ordinance
MANUFACTURED HOME PARK OR SUBDIVISION means a parcel (or contiguous parcels)
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 or other datum, to which base flood elevations shown
on a community's Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION means, for the purpose of determining insurance rates, structures for
which the "start of construction" commenced on or after the effective date of an initial FIRM or
after December 31, 1974, whichever is later, and includes any subsequent improvements to such
structures. For flood plain management purposes, "new construction" means structures for which
the "start of construction" commenced on or after the effective date of a flood plain management
regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home
park or subdivision for which the construction 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 flood plain management regulations adopted by a community.
RECREA TIONAL VEHICLE means a vehicle which is (i) built on a single chassis; (ii) 400
square feet or less when measured at the largest horizontal projections; (iii) designed to be self-
propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use
as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or
seasonal use.
ST ART OF CONSTRUCTION (for other than new construction or substantial improvements
under the Coastal Barrier Resources Act, Pub. L. 97-348), includes substantial improvement and
means the date the building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement 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 the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or 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 installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure.
SPECIAL FLOOD HAZARD - see "Area of Special Flood Hazard".
STRUCTURE means a walled and roofed building, including a gas or liquid storage tank, that
is principally above ground as well as a manufactured home.
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Flood Damage Prevention Ordinance
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 reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value
of the structure before "start of construction" of the improvement. This includes structures which
have incurred "substantial damage", regardless of the actual repair work performed. The term
does not, however, include either (i) any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety codes specifications which have been
identified by the local code enforcement official and which are the minimum necessary conditions
or (ii) any alteration of a "historic structure", provided that the alteration will not preclude the
structure's continued designation as a "historic structure."
V ARIANCE is a grant of relief to a person from the requirements of this ordinance. A variance,
therefore, permits construction or development in a manner otherwise prohibited by this
ordinance.
VIOLATION means the failure of a structure t}f other development to be fully compliant with the
community's flood plain management regulations. A structure or other development without a
Development Permit or Elevation Certificate, or other evidence of compliance as required by this
ordinance or the applicable sections of the National Flood Insurance Program Regulations is
presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION means the height, in relation to the national Geodetic
Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various
magnitudes and frequencies in the flood plains of coastal or riverain areas.
ARTICLE 3 - GENERAL PROVISIONS
Section A - Lands to which this Ordinance Applies
This ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City
of North Richland Hills.
Section B - Basis for Establishing the Areas of Special Flood Hazard
The areas of special flood hazard identified by the Federal Emergency Management Agency in
a scientific and engineering report entitled "Flood Insurance Study - Tarrant County, Texas",
dated January 1993 with accompanying Floòd Insurance Rate Maps (FIRM) and any revisions
thereto are hereby adopted by reference and declared to be a part of this ordinance.
Section C - Establishment of Development Permit
A Development Permit shall be required to ensure conformance with the provisions of this
ordinance.
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Flood Damage Prevention Ordinance
Section D - Compliance
No structure or land shall hereafter be located, altered or have its use changed without full
compliance with the terms of this ordinance and other applicable regulations.
Section R - Abrogation and Greater Restrictions
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this ordinance and another ordinance, easement, covenant
or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
Section F - Interpretation
In the interpretation and application of this ordinance, all provisions shall be; (1) considered as
minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed
neither to limit or repeal any other powers granted under State statues.
Section G - Warning and Disclaimer or Liability
The degree of flood protection required by this ordinance 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 ordinance 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'damages. This ordinance shall not
create liability on the part of the City of North Richland Hills or any official or employee thereof
for any flood damages that result from reliance on this ordinance or any administrative decision
lawfully made thereunder.
ARTICLE 4 - ADMINISTRATION
Section A - Designation of the Flood Plain Administrator
The Director of Public Works is hereby appointed as the Flood Plain Administrator to administer
and implement the provisions of this ordinance and other appropriate sections of 44 CFR (National
Flood Insurance Program Regulations) pertaining to flood plain management.
Section B - Duties and Responsibilities of the Flood Plain Administrator
Duties and responsibilities of the Flood Plain Administrator shall include, but not be limited to,
the following:
1. Maintain and hold open for public inspection all records pertaining to the provisions of this
ordinance.
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Flood Damage Prevention Ordinance
2. Review permit application to determine whether proposed building site including the
placement of manufactured homes will be reasonably safe from flooding.
3. Review, approve or deny all applications for development permits required by adoption
of this ordinance.
4. Review permits for proposed development to assure that all necessary permits have been
obtained from those Federal, State or local governmental agencies (including Section 404
of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from
which prior approval is required.
5. Where interpretation is needed as to the exact location of the boundaries of the areas of
special flood hazards (for example, where there appears to be a conflict between a mapped
boundary and actual field conditions) the Flood Plain Administrator shall make the
necessary interpretation.
6. Notify, in riverine situations, adjacent communities and the State Coordinating Agency
which is Texas Natural Resource and Conservation Commission, prior to any alteration
or relocation of a watercourse, and submit evidence of such notification to the Federal
Emergency Management Agency.
7. Assure that the flood carrying capacity within the altered or relocated portion of any
watercourse is maintained.
8. When base flood elevation data and flood way data has not been provided in accordance
with Article 3, Section B, the Flood Plain Administrator shall obtain review and
reasonably utilize any base flood elevation data and flood way data available from a
Federal, State, or other source, in order to administer the provisions of Article 5.
9. When a regulatory floodway has not been designated, the Flood Plain Administrator must
require that no new construction, substantial improvements, or other development
(including fill) shall be permitted within Zones AI-3D and AE on the Community's FIRM,
unless it is demonstrated that the cumulative effect of the proposed development, 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.
10. Under provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance
Program regulations, a community may approve certain development in Zones AI-3D, AE,
AH, on the community's FIRM which increases the water surface elevation of the base
flood by more than one foot, provided that the community first applies for a conditional
FIRM revision through FEMA.
Section C - Permit Procedures
1. Application for a Development Permit shall be presented to the Flood Plain Administrator
on forms furnished by him/her and may include, but not be limited to plans in duplicate
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Flood Damage Prevention Ordinance
drawn to scale showing the location, dimensions, and elevation of proposed landscape
alterations, existing and proposed structures, including the placement of manufactured
homes, and the location of the foregoing in relation to areas of special flood hazard.
Additionally, the following information is required:
a. Elevation in relation to mean sea level, of the lowest floor (including basement) of
all new and substantially improved structures;
b. Elevation in relation to mean sea level to which any nonresidential structure shall
be floodproofed;
c. A certificate from a registered professional engineer or architect that the
nonresidential floodproofed structure shall meet the floodproofing criteria of
Article 5, Section B (2);
d. Description of the extend to which any watercourse or natural drainage will be
altered or relocated as a result of proposed development.
e. Maintain a record of all such information in accordance with Article 4, Section B
(1).
2. Approval or denial of a Development Permit by the Flood Plain Administrator shall be
based on all of the provisions of this ordinance and the following relevant factors;
a. The danger to life and property due to flooding or erosion damage;
b. The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
c. The danger that materials may be swept onto other lands to the injury of others;
d. The compatibility of the proposed use with existing and anticipated development;
e. The safety of access to the property in times of flood for ordinary and emergency
vehicles.
f. 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;
g. 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;
h. The necessity to the facility of a waterfront location, where applicable;
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Flood Damage Prevention Ordinance
1. The availability of alternative locations, not subject to flooding or erosion damage,
for the proposed use;
J. The relationship of the proposed use to the comprehensive plan for that area.
Section D - Variance Procedures
1. The Board of Adjustment as established by the City of North Richland Hills shall hear and
render judgement on requests for variances from the requirements of this ordinance.
2. The Board of Adjustment shall hear and render judgement on an appeal only when it is
alleged there is an error in any requirement, decision, or determination made by the Flood
Plain Administrator in the enforcement or administration of this ordinance.
3. Any person or persons aggrieved by the decision of the Board of Adjustment may appeal
such decision in the courts of competent jurisdiction.
4. The Flood Plain Administrator shall maintain a record of all actions involving an appeal
and shall report 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 reminder of this ordinance.
6. Variances may be issued for new construction and substantial improvements to be erected
on a lot of one-half acre or else in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing the relevant factors in Section
C (2) of this Article 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 ordinance, the Board
of Adjustment may attach such conditions to the granting of variances as it deems
necessary to further the purpose and objectives of this ordinance (Article 1, Section C).
8. Variances shall not be issued within any designated flood way if any increase in the flood
levels during the base flood discharge would result.
9. Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
10. Prerequisites for granting variances:
a. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
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Flood Damage Prevention Ordinance
b. Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii)
a determination that failure to grant the variance would result in exceptional
hardship to the applicant, and (iii) a determination that the granting of a variance
will not result in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or victimization of
the public, or conflict with existing local laws or ordinances.
c. Any applicant to whom a variance is granted shall be given written notice that the
structure will be permitted to be built with the lowest floor elevation below the
base flood elevation, and that the cost of flood insurance will be commensurate
with the increased risk resulting form the reduced lowest floor elevation.
11. Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use provided that (i) the criteria outlined in Article 4, Section D (1-9) are met,
and (ii) 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.
ARTICLE 5 - PROVISIONS FOR FLOOD HAZARD REDUCTION
Section A - General Standards
In all areas of special flood hazards, the following provisions are required for all new construction
and substantial improvements:
1. All new construction and substantial improvements shall be designed (or modified) and
adequately anchored to prevent flotation, collapse, or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. All new construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage.
3. All new construction or substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.
4. All new construction or substantial improvements shall be constructed with electrical,
heating, ventilation, plumbing, and air. conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from entering or accumulating
within the components during conditions 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. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the system and discharge from the systems into flood
waters.
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City of North Richland Hills, Texas
Flood Damage Prevention Ordinance
7. On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
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.:.
Section B - Specific Standards
In all areas of special flood hazards where base flood elevation data has been provided as set forth
in (i) Article 3, Section B (ii) Article 4, Section B(S); or (iii) Article 5, Section C(3), the
following provisions are required:
1. Residential Construction - new construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated to or above the base
flood elevation. A registered professional engineer, architect, or land surveyor shall
submit a certification to the Flood Plain Administrator that the standard of this subsection
as proposed in Article 4, Section C(1)a, is satisfied.
2. Non residential Construction - new construction and substantial improvement of any
commercial, industrial or other nonresidential structure shall either have the lowest floor
(including basement) elevated to or above the base flood level or, together with attendant
utility and sanitary facilities, be desig.ned so that below the base flood level the structure
is watertight with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy. A registered professional engineer or architect shall
develop and/or review structural design, specifications, and plans for the construction, and
shall certify that the design and methods of construction are in accordance with accepted
standards of practice as outlined in thjs subsection. A record of such certification which
includes the specific elevation (in relation to mean sea level) to which such structures are
floodproofed shall be maintained by the Flood Plain Administrator.
3. Enclosures - new construction and substantial improvements, with fully enclosed areas
below the lowest floor that are usable solely for parking of vehicles, building access or
storage in an area other than a basement and which 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 or meet or exceed the
following minimum criteria:
a. 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.
b. The bottom of all openings shall be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they permit the automatic entry and exit of floodwaters.
¡;\
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City <?f North Richland Hills, Texas
Flood Damage Prevention Ordinance
4. Manufactured Homes
a. Require that all manufactured homes to be placed within Zone A on the
communities FIRM, shall be installed using methods and practices which minimize
flood damage. For the purpose of this requirement, manufactured homes must be
elevated 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 requirement is in addition to applicable State and local
anchoring requirements for resisting wind forces.
b. All manufactured homes shall be in compliance with Article 5, Section B(1).
c. Require that all manufacturedþomes to be placed or substantially improved within
Zones AI-3D, AH and AE on the community's FIRM be elevated on a permanent
foundation such that the lowest floor of the manufactured home is at or above the
base flood elevation; and be anchored to an adequately anchored foundation system
in accordance with the provision of Section B( 4) of this Article.
5. Recreational Vehciles - require that recreational vehciles placed on sites within Zones Al-
30, AH, and AE on the community's FIRM either (i) be on the site for fewer than ISO
consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the permit
reuirements of Article 4, Section C(I), and the elevation and anchoring requirements for
"manufacutured homes" in paragraph' (4) of this section. A recreational vehicle is ready
for highway use if it is on its 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 C - Standards for Subdivision Proposals
1. All subdivision proposals shall be consistent with Article I, Sections B, C, and D of this
ordinance.
2. All proposals for the development of subdivisions shall met Development Permit
requirements of Article 3, Section C; Article 4, Section C; and the provisions or Article
5 of this ordinance.
3. Base flood elevation data shall be gen~rated for subdivision proposals and other proposed
development which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise
provided pursuant to Article 3, Section B or Article 4, Section B(S) of this ordinance.
4. All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood hazards.
5. All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electric and water systems located and constructed to minimize or eliminate flood damage.
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City of North Richland Hills, Texas
Flood Damage Prevention Ordinance
Section 1) - Standards for Areas of Shallow Flooding (AO/ AH Zones)
Located within the areas of special flood hazard established in Article 3, Section B, are areas
designated as shallow flooding. These areas have special flood hazards associated with base flood
depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding
is unpredictable and where velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow; therefore, the follo$ing provisions apply:
1. All new construction and substantial improvements of residential structures have the lowest
floor (including basement) elevated above the highest adjacent grade at least (1-1/2 feet)
one and one-half feet above the depth number specified in feet on the community's FIRM
(at least two feet if no depth number is specified).
2. All new construction and substantial improvements of nonresidential structures:
(a) have the lowest floor (including basement) elevated above the highest adjacent
grade at least (1-1/2 feet) one and one-half feet higher than the depth number
specified in feet on the community's FIRM (at least two feet if no depth number
is specified), or;
(b) together with attendant utility and sanitary facilities be designed so that below the
base flood level the structure is watertight with walls substantially impermeable to
the passage of water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads of effects of buoyancy.
3. A registered professional engineer or architect shall submit a certification to the Flood
Plain Administrator that the standards of this Section, as proposed in Article 4, Section
C(1)(a), are satisfied.
4. Require within Zones AH and AO, adequate drainage paths around structures on slopes,
to guide floodwaters around and away from proposed structures.
Section R - Floodways
Floodways - located within areas of special flood hazard established in Article 3, Section B, are
areas designated as floodways. Since the flood way 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.
1. Encroachments are prohibited, including fill, new construction, substantial improvements
and other development within the adopted regulatory flood way unless it has been
demonstrated through hydrologic and hydraulic analyses performed in accordance with
standardard engineering practice that the proposed encroachment would not result in any
increase in flood levels within the community during the occurrence of the base flood
discharge.
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City of North Richland Hills, Texas
Flood Damage Prevention Ordinance
2. If Article 5, Section E(1) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of Article
5.
ARTICLE 6 - SAVINGS CLAUSE AND CIVIL ENFORCEMENT
,.
A. If any portion of this ordinance is declared to be invalid it shall not affect the remaining
valid portions.
B. The reference in this ordinance to regulation of any activity which is precluded or
regulated by the Zoning Ordinance or other ordinances of the City shall not be construed
to allow such activity or to alter the terms of the Zoning Ordinance or other ordinances
pertaining to particular land use or development.
C. The City shall have the right to enforce this ordinance by civil action in a court of
competent jurisdiction.
It is hereby found and declared by the City of North Richland Hills that severe flooding has
occurred in the past within its jurisdiction and will certainly occur within the future; that flooding
is likely to result in infliction of serious personal injury or death, and is likely to result in
substantial injury or destruction of property within its jurisdiction; in order to effectively comply
with minimum standards for coverage under the National Flood Insurance Program; and in order
to effectively remedy the situation described herein, it is necessary that this ordinance become
effective immediately. Therefore, an emergency is hereby declared to exist, and this ordinance,
being necessary for the immediate preservation of the public peace, health and safety, shall be in
full force and effect from and after its passage and approval.
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