O74~~~'~ SE~~~TA~Y
CITY OF KENNEDALE, TEXAS'! r,~~~~~~ ~~~~ ~~~^
ORDINANCE NO. 74
AN ORDINANCE AMENDING ARTICLE IV, CHAPTER 17,
KENNEDALE CITY CODE, THE FLOOD DAMAGE PREVENTION
ORDINANCE OF THE CITY OF KENNEDALE; BY AMENDING
EXISTING DEFINITIONS AND ADDING NF.W DEFINITIONS;
ADOPTING A NEW FLOOD INSURANCE STUDY DATED AUGUST 2,
1995, WITH ACCOMPANYING FLOOD INSURANCE RATE MAPS
AND FLOOD BOUNDARY/FLOODWAY MAPS; PROVIDING
PROCEDURES FOR HISTORIC STRUCTURES; REQUIRING PERMIT
FOR PLACEMENT OF MANUFACTURED HOMES; RESTRICTING
PLACEMENT OF RECREATIONAL VEHICLES; PROVIDING
PROCEDURES TO APPLY FOR CONDITIONAL FIRM AND
FLOODWAY REVISIONS; PROVIDING THAT THI5 ORDINANCE BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERASILITY CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND, PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the State of Texas has delegated to local municipalities the responsibility to
adopt regulations designed to minimize flood losses, and
WHEREAS, the City of Kennedale, Texas is a Type A general law municipality located
in Tarrant County, created in accordance with the provisions of Chapter 6 of the Local
Government Code and operating pursuant to the enabling legislation of the State of Texas; and
WHEREAS, the City of Kennedale, Texas does hereby deem it advisable and in the
public interest to amend the Flood Damage Prevention Ordinance as described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS:
SECTION 1.
Article N, Chapter 17 of the Kennedale City Code is hereby amended as follows:
Sec. 17-101. Definitions. Amend the following definitions:
Development -delete the period at the end of the definition and add "or storage of
equipment or materials."
Elevated building - in the fourth line as reads "parallel to the floor of the water", change to
read "parallel to the flow of the water".
Manufactured home -delete this definition in its entirety and replace v«th a new defuution
as follows: 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 pcrmanenl foundation when connected to the
required utilities. The term ``manufactured home" does not include a "recreational vehicle".
New construction -delete this definition in its entirety and replace with a new definition as
follows: 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 struchires 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.
Start of construction - add a new closing sentence. "For a substantial improvement, the
actual start of construction means the first alteration of any wall, ceiling, floor, or other struchiral
part of the building, whether or not that alteration affects the external dimensions of the building."
Substantial improvement -delete this definition in its entirety and replace with a new
definition as follows: means any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds ~0 percent of the market value of the structure before
"start of construction" of the improvement. This includes structures which have incurred
"substantial damage", regardless of the ac+.•aal repair work performed. The terns 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 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".
Violation - prior to "Section 60.3(b)(5)", insert "44 CFR".
Add the following definitions:
Alluvial fan jooding -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 landforni below which the flow path of
the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
Basement -means any area of the building having its floor subgrade (below ground level)
on all sides.
Existing manufactured home park or subdivision - means a manufactured home park or
subdivision for which construction of facilities for senricing lots on which manufactured homes are
to be affixed (including, at a nunimum, installation of utilities, construction of streets, and either
final site grading or pournig of concrete pads) is completed before the effective date of floodplain
management regulations adopted by a community.
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Expansion to an existing manufactured home park or subdivision -means preparation of
additional sites by construction of facilities for servicing lots on which manufactured homes are to
be affixed (including installation of utilities, construction of streets, and either final site gradng or
pouring of concrete pads).
F'loodplain 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, subdiv7sion 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 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.
Historic structure -means and structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by
the Department of Interior) or prelimnarily determined by the Secretary of the Interior as meeting
the requirements for individual listing in the National Register;
(b) 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;
(c) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
(d) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(1) By an approval state program as determined by the Secretary of the Interior
or;
(2) Directly by the Secretary of the Interior in states without approved programs.
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.
New manufactured home park or subdivision - means a manufactured home park or
subdivision for which construction of facilities for servicing the lots on which manufactured homes
arc to be affixed (including at a minimum, installation of utilities, 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.
Substantial damage -means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damage condition would equal or exceed 50 percent of
the market value of the structure before the damage occurred.
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Recreational vehicle - means a vehicle which is built on a single chassis; 400 square feet
or less when measured at the largest horizontal projections; designed to be self-propelled or
permanently towable by a light duty truck; and, designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, canlping, travel, or seasonal use.
Sec. 17-108. Basis for establishing areas of special flood hazard. Change the date of
the Flood Insurance Study from May 15, 1984 to August 2, 1995.
Sec. 17-109. Abrogation and greater restrictions. Delete this paragraph in its entirety
and replace with a new paragraph as follows:
"This article is not intended to repeal, abrogate, or impair any existing easements or
covenants. However, where this ordinance and another ordinance, easement, or covenant conflict
or overlap, whichever imposes the more stringent restrictions shall prevail."
follows:
Sec. 17-132. Same (Floodplain Administrator) -Duties and responsibilities.
(2) Delete this subparagraph in its entirety and replace with a new subparagraph as
"(2) Review permit applications to determine whether proposed building site, including
placement of manufactured homes, will be reasonably safe from flooding."
(6) Delete reference to "the state water commission" and replace with "the Texas Natural
Resource Conservation Commission"
Add a new subparagraph as follows:
"(10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Program regulations, the city 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 one foot, provided that a conditional FIRM revision has been approved by FEMA."
Sec. 17-135. Variance procedures. Change existing subparagraph (i) to read (j). Add a
new subparagraph (i) as follows:
"(i) Variances may be issued for the repair or rehabilitation of historic struchires 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
lustoric character and design of the structure."
Change existing subparagraph (j) to read (2). Add a new subparagraph (3) as follows:
"(3) Any applicant to whom 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."
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Sec. 17-152 Specific standards for certain areas.
(3) Enclosures. In the second line of this paragraph, between the words "are" and
"subject", insert "usable solely for parking of vehicles, building access or storage in an area other
than a basement and which arc".
(4) Manufactured homes. Delete the first two words of this subparagraph "Require that"
and capitalize the letter "A" in the new first word "all".
Delete existing subparagraphs b and c and replace with new subparagraphs b and c, as
follows:
"b. Manufactured homes that are placed or substantially improved within Zones Al-30,
AH, and AE on the community's FIRM on sites outside of a manufactured home park or
subdivision, in a new manufactured home park or subdivision, in asi extension to an existing
manufactured home park or subdivision, or in an existing matmfactured home park or subdivision
in which a manufactured home has incurred "substantial damage" as a result of a flood, shall be
elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated
to a minimum of two feet above the base flood elevation and be securely anchored to an adequately
anchored foundation system to resist flotation, collapse, and lateral movement.
c. Manufactured homes that are placed or substantially improved on sites in an existing
manufactured home park or subdivision within Zones A 1-30, AH, and AE on the community's
FIRM that are not subject to the provisions of paragraph {4) of this section shall be elevated so
that either:
1. the lowest floor of the manufactured home is at or above the bast flood elevation, or
2. 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 is
securely anchored to an adequately anchored foundation system to resist, flotation, collapse, and
lateral movement."
Add a new subparagraph (5) as follows:
"(5) Recreational vehicles. Recreational vehicles are prohibited in all flood prone zones
within the City of Kennedale unless specifically approved under provisions of the city zoning
ordinance. If such approval has been granted, recreational vehicles placed on sites within Zones
Al-30, AH, and AE on the conmiututy's FIRM shall be on site for fewer than fifteen consecutive
days and shall be fully licensed and ready for highway use. 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-discom~ect
type utilities and security devices, and has no permanently attached additions. All sites approved
for location of recreational vehicles shall be elevated no less than two feet above the flood elevation
level."
Sec. 17-153. Standards for subdivision proposals.
Delete subparagraphs (a), (b), and (c) in their entirety and replace with new subparagraphs
as follows:
5
"(a) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall be consistent with. Sections 17-102, 17-103, and 17-104 of this article.
(b) All proposals for the development of subdivisions including the placement of
manufactured home parks and subdivisions shall meet Development Permit requirements of
Sections 17-133 and 17-134, and the provisions of Division 3, of this article.
(c) Base flood elevation data shall be generated for subdivision proposals and other
proposed development including the placement of manufactured home parks and subdivisions
which are greater than 30 lots or 3 acres, whichever is lesser, if not otherwise provided pursuant to
Section 17-108 or Section 17-132 of this article."
(d) Between the words "including" and "manufactured", insert "the placement of '.
follows:
(e) Bctwccn the words "including" and "manufactured", insert "the placement ofl'.
Sec. 17-155. Floodways.
(1) Delete this subparagraph in its entirety and replace with a new subparagraph as
"(1) Encroachments are prohibited,ntcluding fill, new construction, substantial
improvements and other development within the adopted regulatory floodway unless it has been
demonstrated through hydrologic and hydraulic analyses perfornied ui 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."
Add a new subparagraph (3) as follows:
"(3) Under provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Regulations, the city may permit encroachments within the adopted regulatory floodway
that would result in an increase in base flood elevations, provided that a conditional FIRM and
floodway revision has been approved by FEMA."
S>/CTION 2.
'This ordinance shall be cumulative of all other ordinances of the City of Kennedale
affecting flood damage prevention and shall not repeal any of the provisions of such ordinances
except in those instances where provisions of such ordinances are ui direct conflict with the
provisions of this ordinance in which event the conflicting provisions of such ordinance arc hereby
repealed.
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SECTION 3.
Any person, firni or corporation who violates, disobeys, omits, neglects or refuses to
comply with or resists the enforcement of any of the provisions of this ordinance shall be fined not
more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 4.
All rights or remedies of the City of Kennedale, Texas are expressly saved as to
any and all violations of the Kennedale City Codc, Chapter 17, Article IV, or of any amenchnents
thereto, that 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 S.
It is hereby declared to be the intention of the City Council that the plu-ases, 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.
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SECTION 6.
The City Secretary of the City of Kennedale is hereby directed to publish the
caption, penalty clause, publication clause and effective date clause of this ordinance in every issue
of the official newspaper of the City of Kennedale for hvo days, or one issue of the newspaper if
the official newspaper is a weekly newspaper, as authorized by Section 52.011 of the Local
Government Code.
SECTION 7.
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.
PASSED AND APPROVED this /3 day of 1995.
MAYOR
Effective: ,1 ~%'~ ~~
APPROVED AS TO FORM AND LEGALITY:
City Attorney
ATTEST:
~GCif~CL~~~i~!-E~t~~
CITY SEC TARY
8
B & B Publishing, Inc.
833 East Enon
P.O. Box 40230
Everman, TX 76140-0230
Phone (817) 478-4661
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS;
COUNTY OF TARRANT:
CITY OF KENNEDALE
Publishers Of:
EVERMAN TIMES
KENNEDALE NEWS
FOREST HiLi. NEWS
SOUTH COUNTY NEWS
BEFORE ME, the undersigned authority, on this day personally appeared JENNIFER CATHEY
who having been duly sworn, says upon her oath:
That she is the Circulation Manager of the newspapers for B&B PUBLISHING, INC.
which are weekly newspapers published in Tarrant County, Texas with a general
circulation in the cities of Everman, Forest Hill, Kennedale, and south Tarrant County
and that a copy of;
Ordinance #74
which is attached to this affidavit, was published in said newspapers on the
following date(s): to wit
JULY 20, 1995
EXECUTED THIS, THE 1ST, DAY OF AUGUST, 1995
L..
JENNIFER Y
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 1ST, DAY OF AUGUST, 1995
HN EDD BLESSING
NOTARY PUBLIC
TEXAS
sfi~oa'{af,o,= JOHN EQO BLESSING
',~ - SSIO~~ EXPI9ES
"'";g; ;„~F' July 10, 1997