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(a) A floodplain development permit shall be required to ensure compliance with the provisions of this article. No structure or land in an area of special flood hazard shall hereafter be located, altered, have its use changed, or otherwise be developed unless a floodplain development permit has been issued, pursuant to the terms of this floodplain article. Proposed work must be started within six months of the date of approval of a floodplain development permit, otherwise the permit will become null and void. The floodplain development permit shall expire and have no further effect 24 months from the date of the approval of the floodplain development permit unless an extension is approved by the floodplain administrator. Extensions shall be requested in writing to the floodplain administrator with justifiable cause demonstrated. If the extension is not approved then the applicant must apply for a new floodplain development permit before beginning or continuing development within the floodplain.
(b) When issued, the floodplain permit shall be valid only as to the applicant (i.e. property owner and/or engineer) to whom it was originally issued and shall not be transferred to another applicant. A new floodplain development permit must be obtained by the new applicant. Any significant revisions to the approved development covered by the floodplain development permit will require additional review for approval. The determination that revisions are significant are within the discretion of the floodplain administrator.
(c) Building permits, floodplain permits or plat approvals shall not be issued for properties with unresolved floodplain violations unless the aforementioned permits will remedy the violation.
(d) The floodplain administrator is authorized to suspend or revoke a permit issued under these regulations whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any article or code of the city.
(e) Procedures to obtain floodplain development permit are set forth in § 7-333 of this article.
(Ord. 19658-04-2011, § 2, passed 4-12-2011; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
The Director of Transportation and Public Works or designee is hereby appointed the floodplain administrator to administer and implement the provisions of this article and other appropriate sections of 44 C.F.R. (Emergency Management and Assistance - National Flood Insurance Program Regulations) pertaining to floodplain management regulations.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 18319-09-2008, § 4, passed 9-30-2008; Ord. 18816, § 4, passed 9-15-2009; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:
(a) Maintain and hold open for public inspection all records pertaining to the provisions of this article;
(b) Review permit applications for sites located in, or adjacent to, the regulatory floodplain, including the placement of manufactured homes, to determine if the proposed development site will be reasonably safe from flooding;
(c) Review and approve or deny all applications for development permits required by adoption of this article;
(d) Review permits for proposed development within a floodplain to provide reasonable assurance that all other necessary permits have been obtained from those federal, state or local governmental agencies (including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required;
(e) Review all applications for permits for development within a floodplain to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of § 7-350(a) are met;
(f) Interpret, as needed, 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. The floodplain administrator shall make such determinations in a reasonably prudent manner. When any such interpretation results in a determination that an area is not a special flood hazard, the issuance of any building permits for any part of the area subsequent thereto shall be subject to the applicant's agreement to indemnify, hold harmless, and defend the City of Fort Worth and the floodplain administrator for any adverse consequences resulting from or related to such a determination;
(g) Notify, in riverine situations, adjacent communities and 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;
(h) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained or increased;
(i) When base flood elevation data has not been provided in accordance this article, the floodplain administrator shall obtain, review and reasonably utilize, any base flood elevation data and floodway data available from a federal, state or other reliable source, in order to administer Division 4 of this article;
(j) When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements or other development (including the placement of fill) shall be permitted within zones A1-30 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;
(k) Grant variances in conformance with the provisions of § 7-334, Variance procedures.
(l) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change discharges, cross sections, base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 18816, § 5, passed 9-15-2009; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
(a) Application requirements.
(1) No person shall proceed with development of property within the floodplain until an application is submitted and a Floodplain Development Permit (FDP) is issued.
(2) Prior to issuance of the Floodplain Development Permit (FDP), or authorization to excavate or fill in the floodplain, all required permits must be obtained by the owner from all state and federal regulatory bodies with jurisdiction in such matters. A copy of the appropriate agency's approved permit must be provided to the city with the FDP application.
(3) Application for a Floodplain Development Permit (FDP) must be presented to the floodplain administrator on forms provided on the city's website. The permit application must include, but not be limited to, plans 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. An Elevation Certificate for structures on property located in or abutting the floodplain. The certificate must be completed by a registered public land surveyor or professional engineer and include the elevation in relation, to mean sea level, of the lowest floor including basement, finished garage and lowest elevation of machinery or equipment servicing the building, of all new and substantially improved structures. The certificate must be submitted within 60 days of completion of construction or substantial improvement;
b. Elevation in relation to mean sea level to which any non residential structure shall be floodproofed (floodproofing requirements are set forth in § 7-347(b));
c. Certification from a registered professional engineer or architect that the nonresidential floodproofed structures shall meet the floodproofing criteria of § 7-347(b);
d. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development;
e. Valley storage evaluation for sites located within a sump area associated with the Trinity River levee system. The determination of valley storage impacts consists of a comparison of pre-project (existing) conditions and post-project conditions. The maximum allowable valley storage decrease for the 1% annual chance flood is 0.0%; and
f. For existing structures within the floodplain that do not conform to current floodplain management standards, the Substantial Improvement or Substantial Damage Review Package must be submitted to obtain the substantial improvement or substantial damage determination.
1. If the proposed work is determined to be a substantial improvement then the entire structure must be brought into compliance with this article.
2. If the proposed work does not constitute a substantial improvement then the existing structure may be improved (remodeled) without conforming to requirements in this article. Once a property has been issued a floodplain development permit using the 50% rule, any additional improvements thereafter will be tracked over a total of five years. These improvements within the five-year period cannot exceed 50% of the fair market value of the existing structure at the time of issuance of said first floodplain development permit.
(4) No application shall be accepted for review until the application meets the requirements of this article, including all necessary documents and supporting information. Applications that do not include all necessary documentation and supporting information shall be deemed not complete.
(b) Permit evaluation. Approval or denial of a floodplain development permit by the floodplain administrator shall be based on all of the provisions of this article and the following relevant factors:
(1) The danger to life and property due to flooding or erosion damage;
(2) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(3) The danger that materials may be swept on to other lands to the injury of other persons or property;
(4) The compatibility of the proposed use with existing and anticipated developments;
(5) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(6) 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;
(7) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;
(8) The necessity to the facility of a waterfront location, where applicable;
(9) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
(10) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; and
(11) The cumulative effects of development and the associated loss of stormwater storage and/or detention; and
(12) The impact the development may have on the overall function of the stormwater facilities and the impact on properties in its own and connecting watersheds. This may include but not be limited to changes in discharges as a result of changes in impervious cover, velocity, storage, creek roughness, etc.
(c) If a floodplain development permit application is disapproved, the floodplain administrator shall notify the applicant in writing of the section and specific requirement of this article with which the proposed development does not comply and the nature of such noncompliance.
(d) No building permits, inspections, or certificates of occupancy to structures will be issued unless the terms and conditions of this article are met.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
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