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Floodways are areas located within areas of special flood hazard. The floodway can be an extremely hazardous area due to the velocity of flood waters which can carry debris, potential projectiles and erosion concerns. Therefore, the following provisions shall apply:
(a) Encroachments are prohibited, including fill, new construction, substantial improvements of non-conforming structures, and other development within the adopted regulatory floodway unless it has been demonstrated to the satisfaction of the floodplain administrator by a professional registered engineer through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment, individually or collectively, shall not result in any increase in flood flows or damages and shall not increase the base flood elevation during the occurrence of the 1% annual chance storm event for fully developed conditions. The registered professional engineer must submit a no-rise certificate with supporting documentation to the floodplain administrator if a no-rise analysis is completed.
(b) If the provisions of the foregoing subsection (a) are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article.
(c) Under the provisions of 44 C.F.R. Chapter 1, § 65.2, of the National Flood Insurance 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 § 65.12 of the National Flood Insurance Program regulations.
(d) Exemptions for minor projects. Small projects that are not an obstruction to floodwaters, do not increase the natural grade, and will not increase flood stages can be permitted without requiring a no-rise certification per the discretion of the floodplain administrator. Minor project examples include paving of a driveway or parking area at the existing grade, and small isolated obstructions such as a mailbox, a pitcher's mound, or a single telephone pole.
(e) No person shall proceed with development of property within the floodway until a Floodplain Development Permit has been issued and the development is in compliance with this section.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
No structure or land shall hereafter be constructed, located, extended, converted, altered or have its use changed without full compliance with the terms of this article and other applicable regulations. Violation of the provisions of this article 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 article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $2,000 for each violation in accordance with § 1-6(b), and each and every day the violation occurs shall constitute a separate violation. Nothing herein contained in this section or any other section of this article shall prevent the City of Fort Worth from taking such other lawful action as is necessary to prevent or remedy any violation, including but not limited to refusal to approve a plat or to issue a building permit, or to obtain injunctive relief against the violator pursuant to Tex. Local Government Code § 54.016 or any other statute, or any other legal remedy available to the city.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 18816, passed 9-15-2009; Ord. 23569-02-2019, § 2, passed 2-12-2019, eff. 2-23-2019; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
This article is designed to be cumulative and in no way abrogate other provisions of the state law, the city code, ordinances, rules, approved policies of various City of Fort Worth and other governmental commissions and departments dealing with flooding, or any existing easements, covenants or deed restrictions. If there exists any apparent conflict or overlap between provisions of this article and other ordinances, rules or regulations, or any easements, covenants or deed restrictions affecting the property in question, the more stringent provision shall apply. All procedures and permits mandated by other provisions of the city's laws shall remain in full force and effect and are incorporated as if reproduced in full herein. Some examples of these other materials include the subdivision ordinance, as amended, and the zoning ordinance, as amended. There are federal and state laws that are and remain applicable to this subject matter.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
In the interpretation and application of this article, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the City of Fort Worth; and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
The degree of flood protection required by this article 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 human-made or natural causes. This article 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 damage. This article shall not create liability on the part of the City of Fort Worth, or any officer or employee thereof for any flood damages that results from reliance on this article or any administrative decision lawfully made thereunder. In no case shall responsibility or liability arise from the design or operation of drainage facilities dedicated to the city.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
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