HomeMy Public PortalAboutOrdinance No. 1386-19 03-25-2019CITY OF RICHLAND HILLS ORDINANCE NO. 1386-19
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
AMENDING 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 Government 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;
and
WHEREAS, the City commits to recognize and duly evaluate flood hazards in all official
actions in the areas having special flood hazards and to take such other official action reasonably
necessary to carry out the objectives of the program; and
WHEREAS, the City commits to assist FEMA in the delineation of the limits of the areas
having special flood hazards; and
WHEREAS, the City commits to provide information concerning present uses and
occupancy of the floodplain areas of FEMA map request; and
WHEREAS, the City commits to maintain for public inspection and furnish upon request,
any certificates of floodproofing and information on the elevation of the lowest floor (including
basement) of all new or substantially improved structures, and include whether or not such
structures contain a basement and the elevation to which the structure was floodproofed; and
WHEREAS, the City commits to cooperate with federal, state and local agencies and
private firms which undertake to study, survey, map and identify floodplain hazards, and
cooperate with neighboring communities with respect to the management of adjoining
floodplains areas in order to prevent aggravation of existing hazards; and
WHEREAS, the City commits to notify FEMA in writing, upon occurrence, whenever
the boundaries of the community have been modified by annexation or the community has
otherwise assumed or no longer has authority to adopt and enforce floodplain management
regulations for a particular area; and include with such notification a copy of a map of the area of
the community suitable for reproduction clearly delineating the new corporate limits of the new
area for which the community has assumed or relinquished floodplain management regulatory
authority.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
SECTION 1.
ADOPTION OF REVISED 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, A 1-3 0, AE, A99, AR, AR/A 1-3 0, AR/AE, AR/AO, AR/AH, AR/A, VO, V 1-
30, VE or V.
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, A1-
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 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.
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/orflood-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 (FIS) -see Flood Elevation Study
FLOODPLAIN OR FLOOD-PRONE AREA -means any land area susceptible to being
inundated by water from any source (see definition of flooding).
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.
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.
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 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:
(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 HOME PARK OR SUBDIVISION - means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL -means, for purposes of the National Flood Insurance Program, the 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 management
regulation adopted by a community and includes any subsequent improvements to such
structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
on or after the effective date of 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 Special Flood Hazard
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.
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 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. 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.
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 THIS ORDINANCE 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 March 21, 2019, with accompanying
Flood Insurance Rate Maps dated March 21, 2019, and any revisions or replacements approved
by FEMA in the future 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.
SECTION 42-39. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this ordinance and another ordinance, easement, covenant,
or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
SECTION 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]
Division 2. Administration
SECTION 42-61. DESIGNATION OF THE FLOODPLAIN 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.
SECTION 42-62. 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 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, or other
development (including fill) shall be permitted within Zones A 1-3 0 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 I, 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 DEVELOPMENT 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 himlher 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 floodproofing 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);
(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 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 maybe 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 maybe 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 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;
(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 Construction -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 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 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) 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 one foot (1') above the base flood elevation and be securely
anchored to an adequately anchored 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) Recreational Vehicles -Require that recreational vehicles placed on sites within
Zones AI-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 of Division 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 of Division 2, Section 42-63; Divisions 2, Section 42-64; and the provisions
of Division 3 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 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
ZO. NES)
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 ofnon-residential structures;
(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.
(5) Where BFE data are utilized in Zone A, obtain and maintain records of the lowest
floor and floodproofing elevations for new and substantially improved construction.
(6) In riverine areas, notify adjacent communities of watercourse alterations and
relocations.
(7) Until a regulatory floodway is designated, no encroachment may increase the
Base Flood level more than 1 foot.
(8) In Zones AO and AH, require drainage paths around structures on slopes to guide
water away from 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 of Division 3.
(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.
SEVERABILITY
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 NONCOMPLIANCE
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.
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
maybe 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.
PUBLICATION IN BOOK OR PAMPHLET 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
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 bylaw, and it is so ordained.
PASSED AND APPROVED ON THIS 25TH DAY OF MARCH, 2019.
T HONORABLE ED A OPEZ, MAYOR
ATTEST:
CATHY BOU ,CITY SECRE RY
EFFECTIVE DATE: ~ ~ I ~ ~ f
APPROVED AS TO FORM AND LEGALITY:
BETSY ELA - ITY TTORNEY
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Mazrs~eid News-.F,, , -r ~ Star--Tr±legrarr, Nrarthea~t i Weatherford Star-reiegrar~s
star-telegram.com 1808 Throckmorton St. I Ft Worth, Tx. 78102-6315
AFFIDAVIT OF PUBLICATION
# N r ntifi 'on P Am nt
600656 0004151076 ORDINANCE NO. 1386-19 AN ORDINANCE OF ORDINANCE NO. 1386-19 $115.41 1 61.00 Li
Attention: Cathy Bourg
CITY OF RICHLAND HILLS
3200 DIANA DR
FORT WORTH, TX 761186237
ORDINANCE NO. 1386-19
AN ORDINANCE OF THE CITY
OF RICHLAND HILLS, TEXAS
AMENDING ARTICLE II OF
CHAPTER 42 OF THE CITY
CODE ADOPTING FLOOD DAM-
AGE PREVENTION AND CON-
TROL REGULATIONS• PROVID-
fNG THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PRO-
VIDING APENALTY FOR VIOLA-
TION; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUB-
LICATION AS REQUIRED BY
LAW; AND PROVIDING AN EF-
FECTIVE DATE. NOW, THERE-
FORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS;
PENALTY FOR NONCOMPLI-
ANCE No structure or land shall
hereafter be constructed, locat-
ed, extended, converted, or al-
tered without full compliance
with the terms of this court or-
der and other applicable regula-
tions. Violation of the provi-
sions of this court order by fail-
ure to comply with any of its re-
quirements (including violations
of conditions and safeguards es-
tablished in connection with
conditions) shall constitute a
misdemeanor. Any person who
violates this court order or fails
to comply with any of its re-
quirements shall upon convic-
tion thereof be fined not more
than two thousand dollars and
no cents ($2r000.00) for each vi-
olation, and rn 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 tak-
ing such other lawful action as
is necessary to prevent or reme-
dy any violation.
EFFECTIVE DATE This ordi-
nance shall be in full force and
effect from and after its pas-
sage and publication as required
by law and it is so ordained.
Passed and approved this 25th
day of March, 2019
/s/ Edward Lopez, Mayor
Attest: Cathy Bourg,
City Secretary
oRblwa~ICE No.1384-xv
AN OiltDtNAIMCE OF THE CITY
Of RICHLANDh HILLS, TEXAS
AMENDING AR7lCLE 11 OF
CHAPTER 42 OF THE CITY
CODE ADOPTiN6 FLOOD DAM-
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for
said County and State, this day
personally appeared VICTORIA
RODELA, Bid and Legal Coordinator
for the Star-Telegram, published by
the Star-Telegram, Inc. at Fort Worth,
in Tarrant County, Texas; and who,
after being duly sworn, did depose
and say that the attached clipping of
an advertisement was published in
the above named paper on the listed
dates:
LAW• ANb PROVIDtNG AN EF-
FECT~IVE DATE. NOW, TNERE-
~.. E, BE IT ORDAINEb BY THE
CITY COUNCIL OF THE CITY OF
or
hereafter be constructed,locat-
ed, extended, converted, or a1-
with the terms of this court or-
der and other applicable regblar
bons. Violation of the provi-
sions of this court order by fall-
ure totomply with,any of its re-
quirements (including violations
of conditions and safeguards es-
tabitshed in .connection with
cottdltion5) shall constitute a
misdemeanor. Any persdn wha
violates this court order or fails
to comply with any of its re-
quirements shall upon convlt:-
tion thereof be firied not more
than two thousand dollars and
no cents ($3 000.00) for each vi-
olation, 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 tak-
ing such other lavrful action as
is necessary to prevent or reme-
dy any violation.
EFFECTIVE DATE This ordi-
nance shall be in full force and
effect from. and after its pas-
sage and publication as required
by law, and It is so ordained.
Passed and approved this 25th
-day d March, 2019
15/ EAwa-d L a, Mayol
Attest: Carty g,
City Secretary
Insertion(s)
Published On:
March 31, 2019
~~
(Principal Clerk)
SUBSCRIBED AND SWORN TO
BEFORE ME, THIS 1st day of April
in the year of 2019
Notary Pu li -
1. Fl Cli~:~~-aTEI •,.F CJ~r'vi+lt~+
I U,.: ~ -
\ `~
i, *- ~~y °8"1:~°' ik.r ~ ~"~' i ' ~~ Extra charge for lost or duplicate affidavits,
j - ~ ~= E K ~g jy 1 ~iY~d`r ~ , I m ~ Legal document please do not destroy!