HomeMy Public PortalAboutOrdinance No. 1182-10 09-28-2010 1182-10
CITY OF RICHLAND HILLS ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
REPLACING ARTICLE II OF CHAPTER 42 OF THE CITY CODE
ADOPTING FLOOD DAMAGE PREVENTION AND CONTROL
REGULATIONS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR
VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Richland Hills is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Local Goverrunent Code; and
WHEREAS, the flood hazard areas 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; and
WHEREAS, these flood losses 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 hazard areas by uses vulnerable to floods and hazardous to other lands because they are
inadequately elevated, floodproofed or otherwise protected from flood damage; and
WHEREAS, the Legislature of the State of Texas has in the Flood Control Insurance Act,
Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to
adopt regulations designed to minimize flood losses; and
WHEREAS, the Federal Emergency Management Agency requires the City to adopt the
following regulations in order to further the goals of flood prevention and flood damage control;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
SECTION 1.
ADOPTION OF NEW ARTICLE II OF CHAPTER 42
Article II of Chapter 42 of the Richland Hills City Code is hereby amended to provide as
follows:
ARTICLE II. Flood Damage Prevention
Division 1. Generally
SECTION 42-31. DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall
be interpreted to give them the meaning they have in common usage and to give
this ordinance its most reasonable application.
ALLUVIAL FAN FLOODING -means flooding occurring on the surface of an
alluvial fan or similar landform which originates at the apex and is characterized
by high-velocity flows; active processes of erosion, sediment transport, and
deposition; and unpredictable flow paths.
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.
APPURTENANT STRUCTURE - means a structure which is on the same
parcel of property as the principal structure to be insured and the use of which is
incidental to the use of the principal structure
AREA OF FUTURE CONDITIONS FLOOD HAZARD -means the land area
that would be inundated by the 1-percent-annual chance (100 year) flood based on
future conditions hydrology.
AREA OF SHALLOW FLOODING - means a designated AO, AH, AR/AO,
AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a
1 percent or greater annual chance of flooding to an average depth of 1 to 3 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 floodplain within a
community subject to a 1 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 rate making has been completed in preparation for
publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-
30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE
or V.
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BASE FLOOD -means the flood having a 1 percent chance of being equaled or
exceeded in any given year.
BASE FLOOD ELEVATION (BFE) -The elevation shown on the Flood
Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance
Study (FIS) for Zones A, AE, AH, Al-A30, AR, V1-V30, or VE that indicates
the water surface elevation resulting from the flood that has a 1% chance of
equaling or exceeding that level in any given year -also called the Base Flood.
BASEMENT -means any area of the building having its floor subgrade (below
ground level) on all sides.
BREAKAWAY WALL - means a wall that is not part of the structural support
of the building and is intended through its design and construction to collapse
under specific lateral loading forces, without causing damage to the elevated
portion of the building or supporting foundation system.
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.
DEVELOPMENT -means any man-made change to 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.
ELEVATED BUILDING -means, for insurance purposes, anon-basement
building, which has its lowest elevated floor, raised above ground level by
foundation walls, shear walls, posts, piers, pilings, or columns.
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."
EXISTING MANUFACTURED HOM E 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.
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EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR
SUBDIVISION -means the preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes are to be affixed
(including the installation of utilities, the construction of streets, and either final
site grading or the pouring of concrete pads):
FLOOD OR FLOODING - means a general and temporary condition of partial
or complete inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters.
(2) the unusual and rapid accumulation or runoff of surface waters from
any source.
FLOOD ELEVATION STUDY -means an examination, evaluation and
determination of flood hazards and, if appropriate, corresponding water surface
elevations, or an examination, evaluation and determination of mudslide (i.e.,
mudflow) and/or flood-related erosion hazards.
FLOOD INSURANCE RATE MAP (FIRM) -means an official map of a
community, on which the Federal Emergency Management Agency has
delineated both the special flood hazard areas and the risk premium zones
applicable to the community.
FLOOD INSURANCE STUDY (FI S) -see Flood Elevation Judy
FLOODPLAI N OR FLOOD-PRONE AREA -means any land area susceptible
to being inundated by water from any source (see definition of flooding).
FLOODPLAI N M ANAGEM ENT -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.
FLOODPLAIN MANAGEM ENT 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.
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
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the area 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.
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.
FLOODWAY -see Regulatory Floodway
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.
HIGHEST ADJACENT GRADE -means the highest natural elevation of the
ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE -means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on the
National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
(3) Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the Secretary of the
Interior; or
(4) Individually listed on a local inventory or historic places in
communities with historic preservation programs that have been certified either:
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(a) By an approved state program as determined by the Secretary
of the Interior; or
(b) Directly by the Secretary of the Interior in states without
approved programs.
LEVEE - means a man-made structure, usually an earthen embankment, designed
and constructed in accordance with sound engineering practices to contain,
control, or divert the flow of water so as to provide protection from temporary
flooding.
LEVEE SYSTEM - means a flood protection system which consists of a levee,
or levees, and associated structures, such as closure and drainage devices, which
are constructed and operated in accordance with sound engineering practices.
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 60.3 of the National Flood Insurance
Program regulations.
MANUFACTURED HOME - means a structure transportable in one or more
sections, which is built on a permanent chassis and is designed for use with or
without a permanent foundation when connected to the required utilities. The
term "manufactured home" does not include a "recreational vehicle".
MANUFACTURED HOM E PARK OR SUBDIVISION - means a parcel (or
contiguous parcels) of land divided into two or more manufactured home lots for
rent or sale.
M EAN SEA LEVEL -means, for purposes of the National Flood Insurance
Program, the North American Vertical Datum (NAND) of 1988 or other datum, to
which base flood elevations shown on a community's Flood Insurance Rate Map
are referenced.
NEW CONSTRUCTION -means, for the purpose of determining insurance
rates, structures for which the "start of construction" commenced on or after the
effective date of an initial FIRM or after December 31, 1974, whichever is later,
and includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which the "start
of construction" commenced on or after the effective date of a floodplain
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management regulation adopted by a community and includes any subsequent
improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION -means a
manufactured home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed (including at
a minimum, the installation of utilities, the construction of streets, and either fmal
site grading or the pouring of concrete pads) is completed on or after the effective
date of floodplain management regulations adopted by a community.
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.
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.
RIVERINE -means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
SPECIAL FLOOD HAZARD AREA -see Area of ~cia/ Flood Hazard
START OF CONSTRUCT I ON - (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
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dimensions of the building.
STRUCTURE -means, for floodplain management purposes, a walled and
roofed building, including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE -means damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before damaged
condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
SUBSTANTIAL IMPROVEMENT -means any reconstruction, rehabilitation,
addition, or other improvement of a structure, the cost of which equals or exceeds
50 percent of the market value of the structure before "start of construction" of the
improvement. This term 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 to assure safe living 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."
VARIANCE - means a grant of relief by a community from the terms of a
floodplain management regulation. (For full requirements see Section 60.6 of the
National Flood Insurance Program regulations.)
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.
WATER SURFACE ELEVATION -means the height, in relation to the North
American Vertical Datum (NAND) of 1988 (or other datum, where specified), of
floods of various magnitudes and frequencies in the floodplains of coastal or
riverine areas.
SECTION 42-32. STATUTORY AUTHORIZATION
The statutory authorization for this ordinance is found in the City's powers as a
home rule municipality acting under its charter adopted by the electorate pursuant
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to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code, and in the Flood Control Insurance Act, Texas Water Code,
Section 16.315.
SECTION 42-33. FINDINGS OF FACT
(1) The flood hazard areas 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 losses 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 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 42-34. STATEM ENT 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.
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SECTION 42-35. 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 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.
SECTION 42-36. LANDS TO WHICH THI S ORDI NANCE APPLIES
The ordinance shall apply to all areas of special flood hazard with the jurisdiction
of Richland Hills.
SECTION 42-37. BASIS FOR ESTABLISHING THE AREAS OF
SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency
Management Agency in the current scientific and engineering report entitled,
"The Flood Insurance Study (FIS) for Tarrant County, Texas And Incorporated
Areas," dated September 25, 2009, with accompanying Flood Insurance Rate
Maps dated September 25, 2009, and any revisions thereto are hereby adopted
by reference and declared to be a part of this ordinance.
SECTION 42-38. 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.
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SECTION 42-39. ABROGATION AND GREATER RESTRI CTI ONS
This ordinance is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this ordinance and
another ordinance, easement, covenant, or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
SECTION 42-40. 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 42-41. 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 hereunder.
[Sections 42-42 through 42-60 reserved for expansion]
Divisor 2. Administration
SECTION 42-61. DESIGNATION OF THE FLOODPLAI N
ADMINISTRATOR
The City Manager or designee is hereby appointed the Floodplain Administrator
to administer and implement the provisions of this ordinance and other
appropriate sections of 44 CFR (Emergency Management and Assistance -
National Flood Insurance Program Regulations) pertaining to floodplain
management.
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SECTION 42-62. DUTIES & RESPONSIBILITIES OF TH E
FLOODPLAI N ADM I NI STRATOR
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 to ensure that the
proposed building site project, 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 Development Board (TWDB) and
also the Texas Commission on Environmental Quality (TCEQ), 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 Division 1, Section 42-37, 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
Division 3.
(9) When a regulatory floodway has not been designated, the Floodplain
Administrator must require that no new construction, substantial improvements,
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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 1 foot,
provided that the community first completes all of the provisions required by
Section 65.12.
SECTION 42-63. ESTABLISHMENT OF DEVELOPM ENT PERMIT
A Floodplain Development Permit shall be required to ensure conformance with
the provisions of this ordinance.
SECTION 42-64. PERMIT PROCEDURES
(1) Application for a Floodplain 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,
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
floodproofmg criteria of Division 3, Section 42-87;
(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
Division 2, Section 42-62(1);
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(2) Approval or denial of a Floodplain Development Permit by the
Flooplain 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 floodwaters 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.
SECTION 42-65. VARIANCE PROCEDURES
(1) The Appeal Board, as established by the community, shall hear and
render judgment on requests for variances from the requirements of this
ordinance.
(2) The Appeal Board shall hear and render judgment 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
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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 1/2 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 Division 2, Section 42-64(2) of this Article have
been fully considered. As the lot size increases beyond the 1/2 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 Division 1, Section 42-34.
(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
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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 which 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.
(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 Division 2,
Section 42-65 (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.
[Sections 42-66 through 42-85 reserved for expansion. ]
Division 3. Standards
SECTION 42-86. 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;
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(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.
SECTION 42-87. 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)Division 1, Section 42-37, (ii)Division 2, Section 42-
62(8), or (iii)Division 3, Section 42-88(3), the following provisions are required:
(1) Residential Corteruction - new construction and substantial
improvement of any residential structure shall have the lowest floor (including
basement), elevated to one foot (1') above the base flood elevation, provided,
however, that the City and the Floodplain Administrator shall encourage the
property owner to design and construct any new construction and substantial
improvement of any residential structure to have the lowest floor (including
basement), elevated to two feet (2') 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
Division 2, Section 42-64(1(c)., 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 foot (1') 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, provided, however, that the City and the Floodplain Administrator
shall encourage the property owner to design and construct any new construction
and substantial improvement of any residential structure to have the lowest floor
(including basement), elevated to two feet (2') above the base flood elevation. A
registered professional engineer or architect shall develop and/or review structural
design, specifications, and plans for the construction, and shall certify that the
design and methods of construction are in accordance with accepted standards of
practice as outlined in this subsection. A record of such certification which
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includes the specific elevation (in relation to mean sea level) to which such
structures are floodproofed shall be maintained by the Floodplain Administrator.
(3) Endosures -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 on separate walls having a total
net area of not less than 1 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 1 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) M anufact ured 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 one foot (1') above the
base flood elevation and be securely anchored to an adequately anchored
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foundation system to resist flotation, collapse, and lateral movement, provided,
however, that the City and the Floodplain Administrator shall encourage the
property owner to design and construct any new construction and substantial
improvement of any residential structure to have the lowest floor (including
basement), elevated to two feet (2') above the base flood elevation.
(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 one foot
(1') above the base flood elevation, provided, however, that the City and the
Floodplain Administrator shall encourage the property owner to design and
construct any new construction and substantial improvement of any residential
structure to have the lowest floor (including basement), elevated to two feet (2')
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.
(5) Red'eational Vehides -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, or (ii) be fully licensed and ready for
highway use, or (iii) meet the permit requirements ofDivision 2, Section 42-64(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.
SECTION 42-88. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals including the placement of manufactured
home parks and subdivisions shall be consistent with Division 1, Section 42-33,
34, and 35of this ordinance.
(2) All proposals for the development of subdivisions including the
placement of manufactured home parks and subdivisions shall meet Floodplain
Development Permit requirements ofDivision 2, Section 42-63; Divisions 2,
Section 42-64; and the provisions of Division 3 of this ordinance.
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(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 Division 1, Section 42-37; Division
2, Section 42-62(8) of this ordinance.
(4)Base flood elevation data shall be generated by a detailed engineering
study for all Zone A areas, within 100 feet of the contour lines of Zone A areas,
and other streams not mapped by FEMA, as indicated on the community's FIRM.
(5) All subdivision proposals including the placement of manufactured
home parks and subdivisions shall have adequate drainage provided to reduce
exposure to flood hazards.
(6) 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.
SECTION 42-89. STANDARDS FOR AREAS OF SHALLOW FLOODING
(AO/AH ZONESI
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 flood depths of 1 to 3 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;
therefore, the following provisions apply:
(1) All new construction and substantial improvements of residential
structures shall have the lowest floor (including basement) elevated to one foot
(1') above the base flood elevation or the highest adjacent grade at least as high as
the depth number specified in feet on the community's FIRM (at least one foot
(1') if no depth number is specified), provided, however, that the City and the
Floodplain Administrator shall encourage the property owner to design and
construct any new construction and substantial improvement of any residential
structure to have the lowest floor (including basement), elevated to two feet (2')
above the base flood elevation.
(2) All new construction and substantial improvements of non-residential
structures;
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(a) have the lowest floor (including basement) elevated to one foot
(1') above the base flood elevation or the highest adjacent grade at least as high as
the depth number specified in feet on the community's FIRM (at least one foot
(1') if no depth number is specified) ,provided, however, that the City and the
Floodplain Administrator shall encourage the property owner to design and
construct any new construction and substantial improvement of any residential
structure to have the lowest floor (including basement), elevated to two feet (2')
above the base flood elevation, or
(b) together with attendant utility and sanitary facilities be
designed so that below the base specified flood depth in an AO Zone, or below
the Base Flood Elevation in an AH Zone, level the structure is watertight with
walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic loads
of effects of buoyancy.
(3) A registered professional engineer or architect shall submit a
certification to the Floodplain Administrator that the standards of this Section, as
proposed in Division 2, Section 42-64 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.
SECTION 42-90. 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 Division 3, Section 42-90(1) above is satisfied, all new construction
and substantial improvements shall comply with all applicable flood hazard
reduction provisions ofDivision 3.
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(3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the
National Flood Insurance Program 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 completes all
of the provisions required by Section 65.12.
SECTION 2.
SEVERABI LI TY
If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this Ordinance.
SECTION 3.
PENALTY FOR NONCOM PLI ANC E
No structure or land shall hereafter be constructed, located, extended, converted, or
altered without full compliance with the terms of this court order and other applicable
regulations. Violation of the provisions of this court order 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 court order or fails to
comply with any of its requirements shall upon conviction thereof be fined not more than two
thousand dollars and no cents ($2,000.00) for each violation, and in addition shall pay all costs
and expenses involved in the case. Each day a violation occurs is a separate offense. Nothing
herein contained shall prevent Richland Hills from taking such other lawful action as is
necessary to prevent or remedy any violation.
SECTION 4.
PROVISIONS CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances and such Code, in which
event the conflicting provisions of such ordinances and such Code are hereby repealed.
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SECTION 5.
PROVISIONS SEVERABLE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 6.
RIGHTS AND REMEDIES SAVED
All rights and remedies of the City are expressly saved as to any and all violations of the
provisions of the City Code amended or revised herein, or any other ordinances affecting the
matters regulated herein which have accrued at the time of the effective date of this ordinance;
and, as to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this ordinance but
may be prosecuted until final disposition by the courts.
SECTION 7.
PUBLICATION
The City Secretary of the City of Richland Hills is directed to publish the caption, penalty
clause, publication clause and effective date of this Ordinance to the extent required by law.
SECTION 8.
PUBLI CAT I ON I N BOOK OR PAM PH LET FORM
The City Secretary of the City of Richland Hills is hereby authorized to publish this
ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution
among the public, and the operative provisions of this ordinance and the exhibits to this
ordinance as so published shall be admissible in evidence in all courts without further proof than
the production thereof.
SECTION 9.
PENALTY FOR VIOLATION
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this Ordinance shall be
fined no more than Two Thousand Dollars and no cents ($2,000.00) for each violation of this
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Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense.
SECTION 10.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 28th DAY OF September 2010.
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V` s
E HONORABLE ID L. RAGA ,MAYOR
ATTEST: ~ j ~ i i i u i ~
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INDA CANTU, TRMC, CITY SECRETARY _ ~ ~ ~ ~ y
EFFECTIVE DATE: September 28, 2010
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APP VED AST FORM AND LEGALITY:
TIM G. RALLA, CITY ATTORNEY
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