HomeMy WebLinkAboutOrdinance 0807
ORDINANCE NO. 807
FLOOD DAMAGE PREVENTION ORDINANCE
SECTION 1.0
Statutory Authorization, Findings of Fact, Purpose and Objectives
1.1 STATUTORY AUTHORIZATION
The Legislature of the State of Texas has in Vernons Annotated
Civil Statutes Article 962, delegated the responsibility to
local governmental units to adopt regulations designed to promote
the public health, safety, and general welfare to its citizenry.
Therefore, the City Council of North Richland Hills, Texas,
does ordain as follows:
1.2 FINDINGS OF FACT
(1) The flood hazard areas 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,
extraordinary public expenditures for flood protection
and relief, and impairment of the tax base, all of
which adversely affect the public health, safety,
and general welfare.
(2) These flood losses are caused by the cumulative effect
of obstructions in areas of special flood hazards
which increase flood heights and velocities, and when
inadequately anchored, damage uses in other areas.
Uses that are inadequately floodproofed, elevated or
otherwise protected from flood damage also contribute
to the flood loss.
1.3 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 ~lood conditions in specific areas by provisions
desi71ed:
.
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly
flood control projects;
(3) To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken
at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5)
To mlnlmlze damage to public facilities and utilities
such as water and gas mains, electric, telephone and
sewer lines, streets and bridges located in areas of
special flood hazard;
To help maintain a stable tax base by providing for the
second use and development of areas of special flood
hazard so as to minimize future flood blight areas;
To insure that potential buyers are notifled that
property is in an area of special flood hazard; and,
To ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
(6)
(7)
(8)
1.4 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance includes methods
and provisions for:
(1 )
Restricting or prohibiting uses which are dangerous to
health, safety, and property due to water or erosion
hazards, or which result in damaging increases in
erosion or in flood heights or velocities;
Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected
against flood damage at the time of initial
construction;
Controlling the alteration of natural flood plains,
stream channels, and natural protective barriers which
help accommodate or channel flood waters;
Controlling filling, grading, dredging, and other
development which may increase flood damage; and,
Preventing or regulating the construction of flood
barriers which will unnaturally divert flood waters
or which may increase flood hazards in other areas.
(2)
(3)
(4)
(5)
Section 2.0
Defi niti ons
Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the meaning they
have in common usage and to give this ordinance its most reasonable
application.
"Appealll means a request for a review of the Public t~orks Director's
interpretation of any provision of this ordinance or a request for
a variance.
"Area of shallow floodingll means a designated AO Zone on the Flood
Insurance Rate Map (FIRM). The base flood depths range from one to
three feet; a clearly defined channel does not exist; the path of
flooding is unpredictable and indeterminate; and, velocity flow
may be evident.
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"Area of special flood hazard" means the land in the flood plain
within a community subject to a one percent or greater change of
flooding in any given year.
IIBase flood" means the flood having a one percent chance of being
equalled or exceeded in any given year.
"Developmentll 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 located within the area of special flood
hazard.
"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 this ordinance.
"Expansion to an existing mobile home park or mobile home
subdivisionll means the preparation of additional sites by the
construction of facilities for servicinq the lots on which the
mobile homes are to be affixed (includiñg the installation of
utilities, either final site grading or pouring of concrete
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 and/or
(2) The unusual and rapid accumulation or runoff of
surface waters from any source.
"Flood Insurance Rate r'1ap" (FIR~1) means the official map on which
the Federal Insurance Administration has delineated both the areas
of special flood hazards and the risk premium zones applicable
to the community.
"Flood Insurance Study" means the official report provided in which
the Federal Insurance Administration has provided flood profiles,
as well as the Flood Boundary-Floodway ~1ap and the water surface
elevation of the base flood.
II Fl oodway" means the channel of a ri ver or other v.Jatercourse 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 1 foot.
IIHabitable Floorll means any floor usable for living purposes, which
includes working, sleeping, eating, cooking or recreation, or a
combination thereof. A floor used only for storage purposes is
not a "habitable floor".
1I~~obil e homell means a structure that is transportable in one or
more sections, built on a permanent chasis, and designed to be
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used with or without a permanent foundation when connected to
the required utilities. It does not include recreational
vehicles or travel trailers.
"New construction" means structures for which the IIstart of
construction" commenced on or after the effective date of this
ordinance.
"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 (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 constructionll 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 on 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 "start of construction" includes the first permanent framing or
assembly 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, IIstart of construction" means the affixin9
of the mobile home to its permanent site. For mobile homes within
mobile home parks or mobile home subdivisions, IIstart 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, and installation of utilities)
is completed.
"Structure" means a \'Jalled and roofed building, a mobile home, or a
gas or liquid storage tank, that is principally above ground.
"Substantial improvement" means any repair, reconstruction, 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) if the structure has been damaged and is being
restored, before the damage occurred.
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For the purpose 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 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,
sanitary, or safety code specifications which
are solely necessary to assure safe living
conditi ons, or
(2) any alteration of a structure listed on the
National Register of Historic Places or a
State Inventory of Historic Places.
IIVariance" means a grant of relief from the requirements of
this ordinance which permits construction in a manner that would
otherwise be prohibited by this ordinance.
Section 3.0
General Provisions
3. 1 LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazards
within the jurisdiction of the City of North Richland Hills.
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Insurance
Administration in a scientific and engineering report entitled liThe
Flood Insurance Study for the City of North Richland Hills,1I dated
September 17, 1979, and any subsequent revision thereto, with
accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway
Maps is hereby adopted by reference and declared to be a part of
this ordinance. The Flood Insurance Study is on file at 7301 N. E.
Loop 820, North Richland Hills, Texas, 76118.
3.3 PENALTIES FOR NONCOMPLIANCE
No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this
ordinance and other applicable regulations. Violation of the
provisions of this ordinance by failure to comply with any of its
requirements (including violations of conditions and safeguards
established in connection with conditions) shall constitute a
misdemeanor. Any person who violates this ordinance or fails to
comply with any of its requirements shall upon conviction thereof
be fined not more than $200.00. Each day the violation is permitted
to exist shall constitute a separate offense. In addition, payment
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shall be required for all costs and expenses involved in the
case. Nothing herein contained shall prevent the City of
North Richland Hills from taking such other lawful action as
is necessary to prevent or remedy any violation.
3.4 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 other ordinance, easement,
covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
3.5 INTERPRETATION
In the interpretation and application of this ordinance, all
provisions shall be:
(1)
(2)
(3)
Considered as minimum requirements;
Liberally construed in favor of the governing
body; and
Deemed neither to limit nor repeal any other
powers granted under State statutes.
3.6 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. Larger floods can
and will occur on rare occasions. Flood heights may be increased
by man-made or natural causes. This ordinance does not imply
that land outside the area 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 City of North Richland Hills, any officer or employee thereof
or the Federal Insurance Administration, for any flood damages
that result from reliance on this ordinance or any administrative
decision lawfully made thereunder.
Section 4.0
Administration
4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be obtained before construction or
development begins within any area of special flood hazard established
in Section 3.2. Application for a Development Permit shall be made
on forms furnished by the Director of Public Works and may include,
but not be limited to, plans in duplicate drawn to scale showing
the nature, location, dimensions, and elevations of the area in
question; existing or proposed structures, fill, storage of materials,
drainage facilities; and the location of the foregoing.
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Specifically, the following information is required:
(1)
(2)
(3)
Elevation in relation to mean sea level, of the
lowest floor (including basement) of all structures;
Elevation in relation to mean sea level to which any
structure has been floodproofed;
Certification by a registered professional engineer
or architect that the floodproofing methods for any
nonresidential structure meet the floodproofing
criteria in Section 5.2-2; and,
Description of the extent of which any watercourse
will be altered or relocated as a result of proposed
development.
(4)
4.2 DESIGNATION OF THE LOCAL ADMINISTRATOR
The Public Works Director is hereby appointed to administer and
implement this ordinance by granting or denying development
permit applications in accordance with its provisions.
4.3 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR
Duties of the Public Works Director shall include, but not be
1 imited to:
4.3-1 Permit Review
(1) Review all development permits to determine that the
permit requirements of this ordinance have been
satisfied.
(2) Review all development permits to determine that all
necessary permits have been obtained from those Federal,
State or local governmental agencies from which prior
approval is required.
(3) Review all development permits to determine if the
proposed development is located in the floodway.
If located in the floodway, assure that the encroachment
provisions of Section 5.3(1) are met.
4.3-2 Use of Other Base Flood Data
When base flood elevation data has not been provided in accordance
with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD, the Public Works Director shall obtain, review, and reasonably
utilize any base flood elevation data available from a Federal, State
or other source, in order to administer Sections 5.2-1, SPECIFIC
STANDARDS, Residential Construction, and 5.2-2, SPECIFIC STANDARDS,
Nonresidential Construction.
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4.3-3 Information to be Obtained and Maintained
(1) Obtain and record the actual elevation (in relation
to mean sea level) of the lowest habitable floor
(including basement) of all new or substantially improved
structures, and whether or not the structure contains
a basement.
(2) For all new substantially improved floodproofed structures:
(i) verify and record the actual elevation (in
relation to mean sea level); and
(ii) maintain the floodproofing certifications required
in Section 4.1(3).
(3) Maintain for public inspection all records pertaining to
the provisions of this ordinance.
4.3-4 Alteration of Watercourses
(1) Notify adjacent communities and the Texas Department of
Water Resources prior to any alteration or relocation of
a watercourse, and submit evidence of such notification to
the Federal Insurance Administration.
(2) Require that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood
carrying capacity is not diminished.
4.3-5 Interpretation of FIRM Boundaries
Make interpretations where 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 person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in Section 4.4.
4.4 VARIANCE PROCEDURE
4.4-1 Appeal Board
(1) The City Council as established by City of North Richland
Hills shall hear and decide appeals and requests for variances
from the requirements of this ordinance.
(2) The City Council shall hear and decide appeals when it is
alledged there is an error in any requirement, decision,
or determination made by the Public Works Director in
the enforcement or administration of this ordinance.
(3) Those aggrieved by the decision of the City Council, or
any taxpayer, may appeal such decision to the District
Court, as provided in Vernons Annotated Civil Statutes,
Article 962.
(4) In passing upon such applications, the City Council shall
consider all technical evaluations, all relevant factors,
standards specified in other sections of this ordinance, and:
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(i) the danger that materials may be sweot
onto other lands to the injury of others;
(ii) the danger to life and property due to
flooding or erosion damage;
(iii) the susceptibility of the proposed facility
and its contents to flood damage and the effect
of such damage on the individual owner;
(iv) the importance of the services provided by
the proposed facility to the community;
(v) the necessity to the facility of a waterfront
location, where applicable;
(vi) the availability of alternative locations for
the proposed use which are not subject to
flooding or erosion damage;
(vii) the compatibility of the proposed use with
existing and anticipated development;
(viii) the relationship of the proposed use to the
comprehensive plan and flood plain management
program of that area;
(ix) the safety of access to the property in times
of flood for ordinary and emergency vehicles;
(x) 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;
and,
(xi) the costs of providing governmental services
during and after flood conditions, including
maintenance and repair of public utilities
and facilities such as sewer, gas, electrical,
and water systems, and streets and bridges.
(5) Upon consideration of the factors of Section 4.4-1(4) and
the purposes of this ordinance, the City Council may attach
such conditions to the granting of variances as it deems
necessary to further the purposes of this ordinance.
(6) The Public Works Director shall maintain the records of all
appeal actions, including technical information, and report
any variances to the Federal Insurance Administration upon
request.
4.4-2 Conditions for Variances
(1) 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 items (i-xi) in Section 4.4-1(4) have been
fully considered. As the lot size increases beyond the one-half
acre, the technical justification required for issuing the
variance increases.
(2) 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 section.
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(3) Variances shall not be issued within anydesignatedflQodway
if any increase in flood levels during the base flood
discharge would result.
(4) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood
hazard, to afford relief.
(5) 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
as identified in Section 4.4-1(4), or conflict
with existing local laws or ordinances.
(6) Any applicant to whom a variance is granted shall be given
written notice that the structure will be permitted to be
built with a 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.
Section 5.0
Provisions for Flood Hazard Reduction
5.1 GENERAL STANDARDS
In all areas of special flood hazards the following standards are
required:
5.1-1 Anchoring
(1) All new construction and substantial improvements shall
be anchored to prevent flotation, collapse, or lateral
movement of the structure.
(2) All mobile homes shall be anchored to resist flotation,
collapse, or lateral movement by providing over-the-top
and frame ties to ground anchors. Special requirements
shall be that:
(i) over-the-top ties be provided at each of the
four corners of the mobile home, with two
additional ties per side at intermediate
locations, with mobile homes less than 50
feet long requiring one additional tie
per side;
(ii) frame ties be provided at each corner of the
home with five additional ties per side at
intermediate points, with mobile homes less
than 50 feet long requiring four additional
ties per side;
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(iii) all components of the anchoring system be
capable of carrying a force of 4,800 pounds;
and,
(iv) any additions to the mobile home be similarly
anchored.
5.1-2 Construction Materials and Methods
(1) All new construction and substantial improvement shall
be constructed with materials and utility equipment
resistant to flood damage.
(2) All new construction and substantial improvements shall
be constructed using methods and practices that minimize
flood damage.
5.1-3 Utilities
(1) All new and replacement water supply systems shall be
designed to minimize or elimate infiltration of flood
waters into the system;
(2) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood
waters into the systems and discharge from the systems
into flood waters; and,
(3) On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them
during flooding.
5.1-4 Subdivision Proposals
(1)
(2 )
All subdivision proposals shall be consistent with the
need to minimize flood damage;
All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical, and
water systems located and constructed to minimize flood
damage;
All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage; and,
Base flood elevation data shall be provided for subdivision
proposals and other proposed development which contain
at least 50 lots or 5 acres (whichever is less).
(3)
(4)
5.2 SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data
have been provided as set forth in Section 3.2, BASIS FOR ESTABLISHING
THE AREAS OF SPECIAL FLOOD HAZARD or in Section 4.3-2, Use of Other
Base Flood Data, the following standards are required:
5.2-1 Residential Construction
New construction and substantial improvement of any residential structure
shall have the lowest flood, including basement, elevated 18 inches
above base flood elevation.
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5.2-2 Nonresidential Construction
New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the
lowest flood, including basement, elevated to 18 inches above the
level of the base flood elevation; or,
(1) be floodproofed so that below the base flood level
the structure is watertight with walls substantially
impermeable to the passage of water;
(2) have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of
buoyancy; and,
(3) be certified by a registered professional engineer or
architect that the standards of this subsection are
satisfied.*
*Such certifications shall be provided to the official
as set forth in Section 4.3-3(2).
5.2-3 Mobile Homes
(1)
(2)
Mobile homes shall be anchored in accordance with
Section 5.1-1-(2).
For new mobile home parks and mobile home subdivisions;
for expansions to existinq mobile home parks and mobile
home subdivisions; for existinq mobile home parks and
mobile home subdivisions where the repair, reconstruction
or improvement of the streets, utilities and pads equals
or exceeds 50 percent of value of the streets. utilities
and pads before the repair, reconstruction or imorovement
has commenced; and for mobile homes not placed in a
mobile home oark or mobile home subdivision, require that:
(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
1 eve 1 ;
(ii) adequate surface drainage and access for a
hauler are provided; and,
(iii) in the instance of elevation on pilinqs, that:
- lots are larqe enouqh to permit steps,
- pilinq foundations are placed in stable
soil no more than ten feet apart. and
- reinforcement is provided for pilinqs more
than six feet above the qround level.
No mobile home shall be placed in a floodwav. except in
an existinq mobile home park or an existinq mobile home
subdivision.
(3)
5.3 FLOODI.<JAYS
Located within areas of soecial flood hazard established in Section 3.2
are areas desiqnated as floodways. Since the floodway is an extremely
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hazardous area due to the velocity of flood waters which carry
debris, potential projectiles, and erosion potential, the followinq
provisions apply:
(1) Prohibit encroachments, includinq fill, new construction,
substantial improvements, and other development unless
a technical evaluation demonstrates that encroachments
shall not result in any increase in flood levels durinq
the occurrence of the base flood discharqe.
(2) If Section 5.3(1) is satisfied, all new construction and
substantial improvements shall comply with all applicable
flood hazard reduction provisions of Section 5.0,
PROVISIONS FOR FLOOD HAZARD REDUCTION.
(3) Prohibit the placement of any mobile homes, except in an
existing mobile home park or existing mobile home subdivision.
PASSED AND APPROVED THIS //J a DAY OF mæA..¿/J , 1980.
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f4ayor Di ck Faram
ATTEST:
O:¿ß~ZZ2-- 7n¿--æ~
,fanette ~1oore, City Secretary
APPROY~ AS TO FORM AND LECAL Y
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City Attorney
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