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) 
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)