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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)
(a) Variances. Variances may be issued for new construction, and substantial improvements, and for other development necessary for the conduct of a functionally dependent use provided that the criteria outlined in subsections (1) through (8) below are met, and 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.
(1) A request for a variance shall be submitted in writing to the floodplain administrator. The administrator may issue a variance consistent with the provisions of this section.
(2) Prior to the request being considered, at minimum, the following supporting information shall be forwarded to the floodplain administrator for review and recommendations.
a. Plans drawn to scale showing the nature, location, dimensions and elevations of the property, existing and proposed structures, fill, storage of materials, floodproofing measures and the relationship of the above to the location of the channel and floodway and the minimum building elevation.
b. Furnish the following additional information as is deemed necessary by the floodplain administrator for the evaluation of the effects of the proposed use upon flood flows and other factors necessary to render an opinion on the suitability of the proposed use:
1. Cross-sections showing the channel of the stream, elevation of land areas adjoining each side of the channel, and cross-sectional areas to be occupied by the proposed development.
2. A site plan showing elevations or contours of the ground, pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing streets, water supply, sanitary facilities, soil types and other pertinent information.
3. Profile showing the slope of the bottom of the channel or flow line of the stream.
4. Hydraulic information including water surface profiles for a minimum of the 1% annual chance event for existing and proposed improvements.
5. Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities.
6. Photographs showing existing land uses and vegetation upstream and downstream.
(3) Denial of a variance by the floodplain administrator concerning design standards for floodproofing which have been set forth in a nationally recognized standard acceptable to the city, shall be made to the construction and fire prevention board of appeals. The board may only approve alternate methods and shall not approve the omission thereof.
(4) 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 article.
(5) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided the relevant factors in § 7-333(b) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
(6) Upon consideration of the factors noted above and the intent of this article, the floodplain administrator or appropriate appeal board may attach such conditions to the granting of variances as deemed necessary to further the purposes and objectives of this article.
(7) Variances shall not be issued within any designated floodway if any increases in flood levels during the base flood discharge would result.
(8) A variance shall only be issued upon a determination that:
a. The variance is the minimum necessary considering the flood hazard to accord relief;
b. A showing of good and sufficient cause is made;
c. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
d. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, the creation of nuisances, fraud on or victimization of the public (including future owners) or conflict with existing local laws or ordinances.
(9) The Floodplain Administrator shall provide a determination to grant or deny a variance within 30 days from submittal of the variance request, unless additional information was requested to support the variance request which delays the completion of the review.
(10) The Floodplain Administrator shall provide signed, written notice mailed by certified mail, return receipt requested, to an applicant prior to the granting of a variance stating that should a structure be permitted to be built with the lowest floor elevation below the standard minimum floor elevation, the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation. Such notice shall be effective upon deposit in United States mail.
(b) Interpretation. If there is an alleged error in an interpretation of any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this article, other than that set forth in § 7-333 may be appealed to the construction and fire prevention board of appeals.
(1) An appeal of an interpretation must be in writing and filed with the flood administrator and appeal board and specifically allege the error in the decision or determination of the floodplain administrator for the property in question. All such appeals to the appeal board must be made 30 days from the date of the floodplain administrator's official written decision or determination.
(2) Applicants shall provide any additional information upon request of the appeal board that is deemed necessary to review the request for variance.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 18816, § 6, passed 9-15-2009; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
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