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HomeMy WebLinkAboutOrdinance 1252 .~.. : ORDINANCE NO. 1252 BE IT ORDAINED by the City Council of the City of North Richland Hills, Texas, that: The following Flood Damage Prevention Ordinance be, and in hereby, adopted as the Flood Damage Prevention Ordinance of the City of North Richland Hills, Texas, to be in full force and effect from and after its date of passage and approval. FLOOD DAMAGE PREVENTION ORDINANCE ARTICLE I STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS SECTION A. STATUTORY AUTHORIZATION The Legislature of the State of Texas has in Vernon Annotated Civil Statutes 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 B. FINDINGS OF FACT (1) The flood hazard 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 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; 1D · ! ; (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. SECTION D. METHODS OF REDUCING FLOOD LOSSES 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 alternation 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 ordin~nce its most reasonable application. APPEAL means a request for a review of the 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 chance 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 FHBM. After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, AI-99, VO or VI-3D. 2D ! ~ BASE FLOOD means the flood having a one percent chance of' being equalled or exceeded in any given year. DEVELOPMENT means any man-made change in improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of adoption of flood plain man~gement regulations. EXPANSION TO AN EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets). FLOOD OR FLOODING means a general and temporary condition of partial or complete inundation of normally dry land areas from; (1) the overflow of inland or tidal waters. (2) the unusual and rapid accululation or runoff of surface waters from any source. 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 is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, the water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map. 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 basé flood without cumulatively increasing the water surface elevation more than a designated height. HABITABLE FLOOR means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage purposes only is not a "habitable floor". HIGHEST ADJACENT GRADE means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. MEAN SEA. LEVEL means the average height of the sea for all stages of the tide. MOBILE HOME means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. 3D NEW MOBILE HOME PARK OR MOBILE HOME SUBDIVISION means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this ordinance. START OF CONSTRUCTION means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. 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 a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation of the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "state of construction" includes the first permanent framing or assemble of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, the installation of utilities) is completed. STRUCTURE means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground as well as a mobile home. SUBSTANTIAL IMPROVEMENT means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether nor not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvément of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. VARIANCE is a grant of relief to a person from the requirements of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. ARTICLE 3 GENERAL PROVISIONS SECTION A LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special flood hazard with the jurisdiction of the City of North Richland Hills. 4D ! ", 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, "The Flood Insurance Study for the City of North Richland Hills, " dated November, 1985. with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps and any revision 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. 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 E ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, convenants, or deed restrictions. However, where this ordinance and another 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 nor repeal any other powers granted under State statutes. 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 officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. 5D · . ARTICLE 4 ADMINISTRATION SECTION A DESIGNATION OF THE FLOOD PLAIN ADMINISTRATOR The Director of Planning and Development is hereby appointed the Flood Plain Administrator to administer and implement the provisions of this Ordinance. SECTION B DUTIES AND RESPONSIBILITIES OF THE FLOOD PLAIN ADMINISTRATOR Duties and responsibilities of the Flood Plain Administrato~ 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. (2) Review, approve or deny all applications for development permits required by adoption of this ordinance. (3) 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. (4) 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. (5) Notify adjacent communities and the Division of Emergency Managment Texas Department of Public Safety prior to any alteration or relocation of a water course, and submit evidence of such notification to the Federal Emergency Management Agency. (6) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. (7) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Flood Plain Administrator shall obtain review and reasonable utilize any base flood elevation data available from a Federal, State or other source, in order to administer the provisions of Article 5. 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 drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: 6D , ' (a) Elevation is relation to mean sea level, of the lowest floor (including basement) of all proposed 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 extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. (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; (i) 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. 7D , (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 remainder of this ordinance. (6) Generally, 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 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 floodway if any increase in flood levels during the base flood discharge would result. (9) 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. (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 (3) (iii) and 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 frau~ on or victimization of the public, or conflict with existing local laws or ordinances. (c) Any application 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 from the reduced lowest floor elevation. 8D , . ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A GENERAL STANDARDS In all areas of special flood hazards the following provisions are required: (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure: (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 and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (5) 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; and, (6) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION B SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (1) Article 3, Section B, (2) Article 4, Section B(7); or (3) 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(l)a, is satisfied. (2) 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 the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed 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 submit a certification to the Flood plain Administrator that the standards of this subsection as proposed in Article 4, Section C(l)c, are satisfied, (3) Mobile Homes (a) No mobile home shall be placed in a floodway, or if applicable, a coastal high hazard area, except in an existing mobile home park or existing mobile home subdivision. 9D \. (b) All mobile homes shall be anchored to resist flotation, collapse, or lateral ~ovement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be: (i) Over-the-top ties at each of the four corners of the mobile home, with two additional ties per side at intermediate locations and mobile homes less than 50 feet long requiring one additional tie per side; (ii) frame ties at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side; (iii) all components of the anchoring system be capable of carrying a force of 4,800 pounds; (iv) any additions to the mobile home be similarly anchored. (c) Require that an evacuation plan indicating alternate vehicular access and escape routes be filed with appropriate Disaster preparedness Authorities for mobile home parks and mobile home subdivisions located within Zone A. (d) All mobile homes shall be in compliance with Article 5, Section B(I). (e) For new mobile home parks and subdivision, for expansions to existing mobile home parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equal or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile homes not placed in a mobile home park or subdivision require: (i) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level. A registered professional engineer, architect, or land surveyor shall submit a certification to the Flood Plain Administrator that the standard of this paragraph complies with Section B(l) of this Article; (ii) adequate surface drainage and access for a hauler are provided; and, (iii) in the instance of elevation on pilings: (1) lots are large enough to permit steps, (2) piling foundations are placed in stable soil no more than ten feet apart, and (3) reinforcement is provided for piers more than six feet above the ground level. SECTION C STANDARDS FOR SUBDIVISION PROPOSALS (1) All subdivision proposals shall be consistent with Article 1, Sections B, C, and D of this ordinance. (2) All proposals for the development of subdivisions shall meet Development Permit requirements of Article 3, Section C, Article 4, Section C and the provisions of Article 5 of this ordinance. 10D 1. ' ). (3) Base flood elevation data shall be generated 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(7) 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, electrical and water systems located and constructed to minimize flood damage. SECTION D STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES) Located within the areas of special flood hazard established in Article 3, Section 3, 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 following 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 as high as 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: (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or; (ii) 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 hydroynamic loads of effects of buoyancy. 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(l)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 E. FLOODWAYS Floodways - located within areas of special flood hazard established in Article 3, Section B, 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; 11D ",.- (1) Encroachments are prohibited, including fill, new construction, substantial improvements and other development unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in an "adverse effect" on the carrying capacity of the 100-year flood plain during the occurrence of the base flood discharge. (2) If Article 5, Section E(l) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. (3) Prohibit the placement of any mobile home, except in an existing mobile home park or subdivision. 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. @JI\ c. The City shall have the right to enforce this ordinance by civil action in a court of compej(tent 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. 12D ... . PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS THIS 22ND DAY OF JULY, 1985. ( /"\ . l~-,--;71/) I , ' ì (. / r . . ,,("~/'t-r \~ Mayor ATTEST: !)~ JL,J APPROVED AS TO FORM AND LEGALITY: 13D