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Home My Public Portal AboutOrdinance No. 1474-23 06-26-2023 ORDINANCE NO. 1474-23 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING CHAPTER 42, "FLOODS," ARTICLE II, "FLOOD DAMAGE PREVENTION," SECTION 42-86, SECTION 42-87, AND SECTION 42- 89; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; 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 flood proofed; 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, THAT: SECTION 1. Chapter 42, "Floods," Article II "Flood Damage Prevention" of the Code of Ordinances of the City of Richland Hills is hereby amended to read as follows: SECTION 42-86. GENERAL STANDARDS FOR FLOOD HAZARD REDUCTION (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 elevated at least one foot above the BFE so as to prevent water from entering or accumulating within the components during conditions of flooding; SECTION 42-87. SPECIFIC STANDARDS FOR FLOOD HAZARD REDUCTION. (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 plus one foot 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 Ordinance No. 1474-23, Page 2 of 4 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. (4) Manufactured Homes— c. Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-30, 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, and SECTION 42-89. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES) (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 three feet(3')) 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; 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 two feet (2') 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 Ordinance No. 1474-23, Page 3 of 4 SECTION 2. 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 the is Ordinance are in direct conflict with the provisions of such Ordinances and such Code are hereby repealed. SECTION 3. RESERVATION OF RIGHTS AND REMEDIES FOR ACCRUED VIOLATIONS All rights and remedies of the City of Richland Hills are expressly saved as to any and all violations of the provisions of the Richland Hills Code, as amended or revised 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 4. SEVERABILITY CLAUSE 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 5. 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. APPROVED AND ADOPTED at a regular meeting of the Richland Hills City Council on June 26, 2023, by a vote of / ayes, j nays, and abstentions. APPROVED: ATTEST: 7 \\lllllllllll //// r/ . -94(k7 , The Honorable Mayor Edward veI f?^` `°^' �d a*ga 44irrs-on, City Secretary Ordinance No. 1474-23, Page 4 a Mom-;_ r, ;!f •:�;- ^lam--` //• • ...:••s'\\\\\`\\,��