The city engineer or designee is hereby appointed the floodplain
administrator to administer and implement the provisions of this chapter
and other appropriate sections of 44 CFR (National Flood Insurance
Program regulations) pertaining to floodplain management.
(Ordinance 1856, § I, 8-25-09; Ordinance 2209, § 1, 11-27-18)
Duties and responsibilities of the floodplain administrator
shall include, but not be limited to, the following:
(1) Maintaining
and holding open for public inspection all records pertaining to the
provisions of this chapter.
(2) Reviewing
permit applications to determine whether proposed building sites will
be reasonably safe from flooding.
(3) Reviewing,
approving or denying all applications for development permits required
by adoption of this chapter.
(4) Reviewing
permits for proposed development to assure that all necessary permits
have been obtained from those federal, state or local governmental
agencies, including section 404 of the Federal Water Pollution Control
Act, amendments of 1972, 33 USC 1334, from which prior approval is
required.
(5) Where
interpretation is needed as to the exact location of the boundaries
of the areas of special flood hazard, 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.
(6) Notifying,
in riverine situations, adjacent communities and the state coordinating
agency, which is the Texas Water Development Board, prior to any alteration
or relocation of a watercourse, and submitting evidence of such notification
to the Federal Emergency Management Agency.
(7) Assuring
that the flood-carrying capacity within the altered or relocated portion
of any watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance with Section
38-5, the permit applicant shall furnish an engineering study which includes the establishment of the base flood elevation. The lowest floor elevation of any structure shall be two feet or more above the base flood elevation.
(9) When
a regulatory floodway has not been designated, the floodplain administrator
must require that no new construction, substantial improvements or
other development, including 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.
(10) For
areas outside the identified flood hazard areas which have experienced
flooding or where heavy development is occurring, the floodplain administrator
will require that a permit is applied for and that the applicant furnish
an engineering study which includes the establishment of the base
flood elevation. The lowest floor elevation of any structure within
these areas shall be two feet above the base flood elevation.
(Ordinance 1856, § I, 8-25-09; Ordinance 2209, § 1, 11-27-18)
The floodplain administrator, or his duly authorized representative,
may enter any building, structure or premises to perform any duties
imposed upon him by this chapter.
(Ordinance 1856, § I, 8-25-09; Ordinance 2209, § 1, 11-27-18)
A development permit shall be required to ensure conformance
with the provisions of this chapter.
(Ordinance 1856, § I, 8-25-09; Ordinance 2209, § 1, 11-27-18)
(a) Application;
required information.
Application for a development permit
shall be presented to the floodplain administrator on forms furnished
by him and may include, but is not limited to, plans in duplicate,
drawn to scale, showing the location, dimensions and elevation of
proposed landscape alterations, existing and proposed structures,
and the location of the foregoing in relation to areas of special
flood hazard. Additionally, the following information is required:
(1) Elevation
in relation to mean sea level of the lowest floor, including basement
and garage, of all new and substantially improved structures.
(2) Elevation
in relation to mean sea level to which any nonresidential structure
shall be floodproofed.
(3) Description
of the extent to which any watercourse or natural drainage will be
altered or relocated as a result of proposed development.
(4) Maintain a record of all such information in accordance with section
38-42(1).
(b) Approval
or denial.
Approval or denial of a development permit
by the floodplain administrator shall be based on all of the provisions
of this chapter 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 onto other lands to the injury
of others.
(4) The
compatibility of the proposed use with existing and anticipated development.
(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 floodwaters 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 for
that area.
(Ordinance 1856, § I, 8-25-09; Ordinance 2209, § 1, 11-27-18)
The floodplain administrator may revoke a permit or approval
issued under the provisions of this chapter in cases where there has
been any false statement or misrepresentation as to a material fact
in the application or plans upon which the permit or approval was
based.
(Ordinance 1856, § I, 8-25-09; Ordinance 2209, § 1, 11-27-18)
(a) The
appeal board, as established by the community, shall hear and render
judgment on requests for variances from the requirements of this chapter.
(b) The
appeal board shall hear and render judgment on an appeal only when
it is alleged there is an error in any requirement, decision or determination
made by the floodplain administrator in the enforcement or administration
of this chapter.
(c) Any
person aggrieved by the decision of the appeal board may appeal such
decision in the courts of competent jurisdiction.
(d) The
floodplain administrator shall maintain a record of all actions involving
an appeal and shall report variances to the Federal Emergency Management
Agency upon request.
(e) 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 chapter. Variances may be issued
for the repair or rehabilitation of historic structures 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 historic character and design
of the structure.
(f) 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 section
38-45(b) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
(g) Upon
consideration of the factors noted in this section and the intent
of this chapter, the appeal board may attach such conditions to the
granting of variances as it deems necessary to further the purpose
and objectives of this chapter.
(h) Variances
shall not be issued within any designated floodway if any increase
in flood levels during the base flood discharge would result.
(i) Prerequisites
for granting variances shall be as follows:
(1) Variances
shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(2) Variances
shall only be issued upon:
a. Showing
of good and sufficient cause;
b. A
determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
c. A
determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, public expense,
create nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
(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 required minimum finish floor elevation which
is two feet above 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.
(j) Variances may be issued by a community 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
(a) through
(i) of this section are met and the structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.
(Ordinance 1856, § I, 8-25-09; Ordinance 2209, § 1, 11-27-18)
Upon notice from the floodplain administrator that work on any
building, structure, dike, bridge or any improvement which would affect
water drainage is being done contrary to the provisions of this chapter,
or in a dangerous or unsafe manner, such work shall be immediately
stopped. Such notice shall be in writing and shall be given to the
owner of the property or to his agent, or to the person doing the
work, and shall state the conditions under which work may be resumed.
Where an emergency exists, no written notice shall be required to
be given by the floodplain administrator, provided written notice
shall follow within 24 hours from the time oral notice to stop work
is issued.
(Ordinance 1856, § I, 8-25-09; Ordinance 2209, § 1, 11-27-18)
Any person violating the terms and provisions of this chapter shall be deemed guilty of a misdemeanor and shall be punished as provided in section
1-12 of this code. Each day that such violation continues shall be a separate offense. This penalty shall be cumulative of all other remedies. Any such violation shall be deemed a violation of a provision governing public health and sanitation under section
1-12 of this code.
(Ordinance 1856, § I, 8-25-09; Ordinance 2209, § 1, 11-27-18)