HomeMy Public PortalAboutOrdinance No. 748-95 06-27-1995 ORDINANCE NO. 748-95
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AN ORDINANCE AMENDING AND REPLACING ARTICLE I.
"FLOOD PLAIN MANAGEMENT" OF SECTION 7 "FLOOD
DAMAGE PREVENTION REGULATIONS" OF CHAPTER 3
"BUILDING REGULATIONS" OF THE CODE OF
ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, AS
AMENDED, TO UPGRADE THE REQUIREMENTS OF THE
CITY'S FLOOD DAMAGE PREVENTION ORDINANCES TO
MEET STANDARDS REQUIRED BY THE NATIONAL FLOOD
INSURANCE PROGRAM; PROVIDING A PENALTY OF UP TO
$2,000 FOR VIOLATIONS; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Richland Hills, Texas, is a participant in the National
Flood Insurance Program; and
WHEREAS, the Federal Emergency Management Agency has promulgated
regulations for participants in the National Flood Insurance Program, and requires
participants in said program to adopt certain regulations in order to be eligible for
participation in said program; and
WHEREAS, the Federal Emergency Management Agency periodically upgrades
its regulations for participation in such program; and
WHEREAS, it is the desire of the City Council of the City of Richland Hills,
Texas, to incorporate such upgraded regulations, new definitions and requirements
into the City's flood damage prevention ordinance to insure continued participation
by the City and its residents in the National Flood Insurance Program.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
I.
That Article I. "FLOOD PLAIN MANAGEMENT" of Section 7 "FLOOD DAMAGE
PREVENTION REGULATIONS" of Chapter 3 "BUILDING REGULATIONS" of the
Code of Ordinances, City of Richland Hills, Texas, as amended, be hereby amended,
restated and replaced with the following provisions so that said Article I. shall
hereafter be and read as follows:
ORDINANCE NO. 748-95 PAGE 1
SECTION 7: FLOOD DAMAGE PREVENTION REGULATIONS
ARTICLE I
FLOOD PLAIN MANAGEMENT
A. STATUTORY AUTHORIZATION
The Legislature of the State of Texas has in Subchapter I, Chapter 16 of the
Texas Water Code, delegated the responsibility of local governmental units to
adopt regulations designed to minimize flood losses. Therefore, the City
Council of Richland Hills, Texas, does ordain as follows:
B. FINDINGS OF FACT
(1) The flood hazard areas of City of 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 loses are created by the cumulative effect of
obstructions in floodplains which cause an increase in flood heights and
velocities, and by the occupancy of flood hazards areas by uses vulnerable to
floods and hazardous to other lands because they are inadequately elevated,
floodproofed or otherwise protected from flood damage.
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
floodplains;
(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.
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;
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(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 floodplains, 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.
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E. DEFINITIONS
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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.
1) ALLWIAL 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 of erosion,
sediment transport, and deposition; and unpredictable flow paths.
2) APEX - means a point on an alluvial fan or similar landform below which
the flow path of the major stream that formed the fan becomes
unpredictable and alluvial fan flooding can occur.
3) 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.
4) AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain 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 Flood Hazard
Boundary Map (FHBM). After detailed ratemaking has been completed in
preparation for publication of the FIRM, Zone A usually is refined into
Zones A, AE, AH, AO, Al-99, VO, V1-30, VE or V.
5) BASE FLOOD - means the flood having a one percent chance of being equalled
• or exceeded in any given year.
6) BASEMENT - means any area of the building having its floor subgrade
(below ground level) on all sides.
7) 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.
8) DEVELOPMENT - means any man-made change in improved and 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.
9) ELEVATED BUILDING - means a nonbasement building (i) built, in the case of
a building in Zones Al-30, AE, A, A99, AO, AH, B, C, X, and D, to have the
top of the elevated floor, or in the case of a building in Zones V1-30,
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 (ii) 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 Al-30, AE, A, A99, AO, AH, B, C, X, and
D, "elevated building" also includes 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 V1-30, VE,
or V, "elevated building" also includes a building otherwise meeting the
definition of "elevated building," even though the lower area is enclosed
by means of breakaway walls if the breakaway walls met the standards of
Section 60.3(e)(5) of the National Flood Insurance Program regulations.
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10) EXISTING CONSTRUCTION - means for the purposes of determining rates,
• structures for which the "start of construction" commenced before the
effective date of the FIRM or before January 1, 1975, for FIRMS effective
before that date. "Existing construction" may also be referred to as
"existing structures."
11) 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 floodplain management regulations adopted
by a community.
12) 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).
13) 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 accumulation or runoff of surface waters from
any source.
14) 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.
• 15) FLOOD INSURANCE STUDY - is the official report provided by the Federal
Emergency Management Agency. The report contains flood profiles, water
surface elevation of the base flood, as well as the Flood Boundary-
Floodway Map.
16) FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being
inundated by water from any source (see definition of flooding).
17) FLOODPLAIN 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
floodplain management regulations.
18) FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose
ordinances (such as a floodplain 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.
19) 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
conformance with sound engineering standards.
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20) 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.
21) 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.
22) 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, and ship
building and ship repair facilities, but does not include long-term
storage or related manufacturing facilities.
23) HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
24) HISTORIC STRUCTURE - means any structure that is:
(a) 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;
(b) Certified or preliminarily determined by the Secretary of the Interior
as contributing to thep811Xhistorisa~nificance of a registered historic
district or a district preliminarily determined by the Secretary to qualify as
a registered historic district;
• (c) Individually listed on a state inventory of historic places in states
with historic preservation programs which have been approved by the Secretary
of Interior; or
(d) Individually listed on a local inventory or historic places in
communities with historic preservation programs that have been certified
either:
(1) By an approved state program as determined by the Secretary of
the Interior or;
(2) Directly by the Secretary of the Interior in states without
approved programs.
25) 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.
26) 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.
27) LOWEST FLOOR - means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant enclosure, usable
solely for parking or vehicles, building access or storage in an area
other than a basement area is not considered a building's lowest floor;
provided that such enclosure is not built so as to render the structure in
• violation of the applicable non-elevation design requirement of Section
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60.3 of the National Flood insurance Program regulations.
• 28) 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 connected to the required
utilities. The term "manufactured home" does not include a "recreational
vehicle".
29) 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.
30) 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.
31) 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
floodplain management purposes, "new construction" means structures for
which the "start of construction" commenced on or after the effective date
of a floodplain management regulation adopted by a community and includes
any subsequent improvements to such structures.
32) 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 floodplain management regulations adopted
by a community.
33) RECREATIONAL 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.
34) START 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.
For a substantial improvement, the actual start of construction means the
first alteration of any wall, ceiling, floor, or other structural part of
a building, whether or not that alteration affects the external dimensions
of the building.
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35) 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.
36) 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.
37) 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: (1) Any project
for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the
minimum necessary conditions or (2) Any alteration of a "historic
structure", provided that the alteration will not preclude the structure's
continued designation as a "historic structure."
38) VARIANCE - is a grant of relief to a person from the requirement 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. (For full requirements see
Section 60.6 of the National Flood Insurance Program regulations.)
39) VIOLATION - means the failure of a structure or other development to be
fully compliant with the community's floodplain management regulations. A
structure or other development without the elevation certificate, other
certifications, or other evidence of compliance required in Section
60.3 (b) (5) , (c) (4) , (c) (10) , (d) (3) , (e) (2) (e) (4) or (e) (5) is presumed
to be in violation until such time as that documentation is provided.
40) 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 floodplains of
coastal or riverine areas.
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F. LANDS TO WHICH THIS ORDINANCE APPLIES
. The ordinance shall apply to all areas of special flood hazard with the
jurisdiction of the City of Richland Hills.
G. 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 Richland Hills, Texas," dated January 6, 1993, with
accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM
and FBFM) and any revisions thereto are hereby adopted by reference and
declared to be a part of this ordinance.
H. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required to ensure conformance with the
provisions of this ordinance.
I. 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.
J. 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, convenant, or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
K. 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.
L. 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 community or any
official or employee thereof for any flood damages that result from reliance
on this ordinance or any administrative decision lawfully made thereunder.
M. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The City Manager is hereby appointed the Floodplain Administrator to
administer and implement the provisions of this ordinance and other
• appropriate sections of 44 CFR (National Flood Insurance Program Regulations)
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pertaining to floodplain management.
N. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
Duties and responsibilities of the Floodplain 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.
(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 Floodplain Administrator shall make the necessary
interpretation.
(6) Notify, in riverine situations, adjacent communities and the State
Coordinating Agency which is the Texas Water 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 has not been provided in accordance
with Article 3, Section B, the Floodplain Administrator shall obtain, review
and reasonably utilize any base flood elevation data and floodway 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 Floodplain
Administrator must require that no new construction, substantial improvements,
or other development (including fill) shall be permitted within Zones Al-30
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 the provisions of 44 CFR Chapter 1, Section 65.12, of the
National Flood Insurance Program regulations, a community may approve certain
development in Zones Al-30, 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.
O. PERMIT PROCEDURES
(1) Application for a Development Permit shall be presented to the
Floodplain Administrator on forms furnished by him/her and may include, but
not be limited to, plans in duplicate drawn to scale showing the location,
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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 extent 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 Floodplain
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.
P. VARIANCE PROCEDURES
• (1) The appeal Board as established by the community shall hear and
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render judgement on requests for variances from the requirements of this
ordinance.
(2) The Appeal Board 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 Floodplain Administrator in the enforcement or
administration of this ordinance.
(3) Any person or persons aggrieved by the decision of the Appeal Board
may appeal such decision in the courts of competent jurisdiction.
(4) The Floodplain 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) 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 Appeal Board 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) 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.
b. Variances shall only be issued upon, (i) showing a 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 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.
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(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.
~ GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION
In all areas of special flood hazards the following provisions are required
for all new construction and substantial improvements.
(1) All new construction or 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 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; and,
(7) On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
R. SPECIFIC STANDARDS FOR FLOOD HAZARD REDUCTION
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(8), 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 one (1) or more feet above the base flood
elevation. A registered professional engineer, architect, or land surveyor
shall submit a certification to the Floodplain Administrator that the standard
of this subsection as proposed in Article 4, Section C(1)a., is satisfied.
(2) Nonresidential Construction - new construction and substantial
improvements of any commercial, industrial or other nonresidential structure
shall either have the lowest floor (including basement) elevated to one (1) or
more feet above the base flood level or 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 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
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• the design and methods of construction are in accordance with accepted
standards of practice as outlined in this 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
Floodplain 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.
(4) Manufactured Homes -
a. Require that all manufactured homes to be placed within Zone A on a
community's FHBM or FIRM shall be installed using methods and practices which
minimize flood damage. For the purposes 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. Require that manufactured homes that are placed or substantially
improved within Zones Al-30, AH, and AE on the community's FIRM on sites (i)
outside of a manufactured home park or subdivision, (ii) in a new manufactured
home park or subdivision, (iii) in an expansion to an existing manufactured
home park or subdivision, or (iv) in an existing manufactured home park or
subdivision on which a manufactured home has incurred "substantial damage" as
a result of a flood, be elevated on a permanent foundation such that the
lowest floor of the manufactured home is elevated to or above the base flood
elevation and be securely anchored to an adequately anchored foundation system
to resist flotation, collapse, and lateral movement.
c. Require that manufactured homes be placed or substantially improved on
sites in an existing manufactured home park or subdivision with Zones Al-30,
AH and AE on the community's FIRM that are not subject to the provisions of
paragraph (4) of this section be elevated so that either:
(i) the lowest floor of the manufactured home is at or above the
base flood elevation, or
(ii) the manufactured home chassis is supported by reinforced piers
or other foundation elements of at least equivalent strength that are no less
than 36 inches in height above grade and be securely anchored to an adequately
anchored foundation system to resist flotation, collapse, and lateral
movement.
•
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(5) Recreational Vehicles - Require that recreational vehicles placed on
• sites within Zones Al-30, AH, and AE on the community's FIRM either (i) be on
the site for fewer than 180 consecutive days, (ii) be fully licensed and ready
for highway use, or (iii) meet the permit requirements of Article 4, Section
C(1), and the elevation and anchoring requirements for "manufactured 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.
S. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals including the placement of manufactured
home parks and subdivisions shall be consistent with Article 1, Sections B, C,
and D of this ordinance.
(2) All proposals for the development of subdivisions including the
placement of manufactured home parks and subdivisions shall meet Development
Permit requirements of Article 3, Section C; Article 4, Section C; and the
provisions of Article 5 of this ordinance.
(3) Base flood elevation data shall be generated for subdivision
proposals and other proposed development including the placement of
manufactured home parks and subdivisions 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 (8) of this ordinance.
(4) All subdivision proposals including the placement of manufactured
home parks and subdivisions shall have adequate drainage provided to reduce
exposure to flood hazards.
• (5) All subdivision proposals including the placement of manufactured
home parks and subdivisions shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to minimize
or eliminate flood damage.
T. 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 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 non-residential
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
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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 Floodplain Administrator that the standards of this
Section, as proposed in Article 4, Section C (1)a., are satisfied.
(4) Require within Zones AH or AO adequate drainage paths around
structures on slopes, to guide flood waters around and away from proposed
structures.
U. 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:
(1) Encroachments are prohibited, including fill, new construction,
substantial improvements and other development within the adopted regulatory
floodway unless it has been demonstrated through hydrologic and hydraulic
analyses performed in accordance with standard 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.
(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.
• (3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the
National Flood Insurance Regulations, a community may permit encroachments
within the adopted regulatory floodway that would result in an increase in
base flood elevations, provided that the community first applies for a
conditional FIRM and floodway revision through FEMA.
•
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• II.
Penalty Clause. Any person who violates any provision of this ordinance shall be
subject to a fine not to exceed $2,000 for each offense, and each day such violation
continues shall constitute a separate offense.
III.
Severability Clause. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
IV.
Saving Clause. That Chapter 3 of the Code of Ordinances, City of Richland
Hills, Texas, as amended, shall remain in full force and effect, save and except as
amended by this ordinance.
V.
• Effective Date. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Richland Hills City Charter and the
laws of the State of Texas.
PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of
the Richland Hills City Council on the 27th day of June 1995, by a vote
of 5 ayes, ~ nays, and ~ abstentions.
APPROVED:
C. F. Kelley, Mayor
ATTEST:
G~~_ _'i
Terri Willi. City ecr ary
APPROVED AS TO FORM AND LEGALITY:
Paul F. Wieneskie, City Attorney
•
mlib774/bh/062295
748-95
ORDIlVANCE NO. PAGE 2