The city manager is hereby appointed as the floodplain administrator,
and is responsible for administering and implementing the provisions
of this article and other appropriate sections of 44 CFR (including
the National Flood Insurance Program regulations) pertaining to floodplain
management.
(Ordinance 613-10 adopted 3/8/10)
The duties and responsibilities of the city manager include,
but are not limited to, the following: notify, in riverine situations,
adjacent communities and the state coordinating agency, which in this
case is the state water development board, prior to any alteration
or relocation of a watercourse. In addition, the city manager is responsible
for submitting evidence of such notification to the Federal Insurance
Administration.
(Ordinance 613-10 adopted 3/8/10)
The duties and responsibilities of the director of public works
include, but are not limited to, the following: assure that maintenance
is provided within the limited altered or relocation portion of said
watercourse so that the flood carrying capacity is not diminished.
(Ordinance 613-10 adopted 3/8/10)
The duties and responsibilities of the building inspector include,
but are not limited to, the following:
(1)
Maintain
and hold open for public inspection all records pertaining to the
provisions of this article.
(2)
Review
permit applications to determine whether proposed building site projects,
including the placement of manufactured homes, will be reasonably
safe from flooding.
(3)
Review,
approve, or deny any and all applications for development permits
submitted in accordance with this article.
(4)
Review
permits for proposed development to assure that all necessary permits
have been obtained from the federal, state or local governmental agencies
(including section 404 of the Federal Water Pollution Control Act
Amendment of 1972, 33 U.S.C. 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 hazards (for example, where there appears
to be a conflict between a mapped boundary and actual field conditions),
the building inspector shall make the necessary interpretation.
(6)
When base flood elevation data has not been provided in accordance with section 3.05.007, the building inspector shall obtain, review, and reasonably utilize any base flood elevation data and floodway data available from a federal, state, or other source, in order to administer the provisions of division 3.
(7)
When
a regulatory floodway has not been designated, the building inspector
must require that no new construction, substantial improvements, or
other development (including fill) shall be permitted with zones A1-30
and AE on the community’s FIRM, unless it is demonstrated that
the cumulative effects 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.
(Ordinance 613-10 adopted 3/8/10)
(a)
Application
for a development permit shall be presented to the building inspector
on forms furnished by him/her and may include, but not limited to,
plans in duplicate drawn 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
and a drainage report prepared and sealed by a registered professional
engineer (Texas). Additionally, the following information is required
for the application:
(1)
Elevation (in relation to mean sea level) of the lowest floor (including
basement) of all new and substantially improved structures;
(2)
Elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed;
(3)
A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure meets the floodproofing criteria of section 3.05.082(2);
(4)
Description of the extent to which any watercourse or natural drainage
will be altered or relocated as a result of proposed development;
(b)
The
following items outline the minimum amount of information that must
be included in a drainage report:
(1)
General location and description of project.
(2)
General description of the property.
(3)
Description of the drainage basin in which the project is located.
(4)
Discussion of the drainage criteria used in the analysis of the project;
specifically discuss the development criteria reference and constraints.
(5)
Discussion of the hydrological calculations and methods used in the
analysis of the project. Specifically:
(A)
Identify the runoff calculation method used to determine the runoff
for existing and developed conditions.
(B)
Determine the runoff calculations for the following storm frequencies:
5-yr., 10-yr., 25-yr., 50-yr., and 100-yr.
(C)
Detention shall be provided for the difference between pre vs. post
development runoff calculated for the 100-yr. storm, unless the engineer
determines that proximity to the primary drainage system would allow
the runoff to enter the system ahead of the peak in the hydrograph.
(D)
Identify detention discharge and storage calculations, if required.
(7)
Drainage facility design.
(8)
Conclusions.
Discuss the effectiveness of existing and
proposed drainage facilities to control storm runoff during all storm
events and how this will affect the adjacent property owners and downstream
drainage structures/facilities.
(9)
Certification.
The drainage report shall be prepared
by or under the supervision of a registered professional engineer
(Texas). The report shall contain a certification sheet that has been
signed and sealed by the engineer of record stating that the proposed
development of the project site, which includes the drainage improvements
found in this report, will have little to no impact on adjacent property
owners and downstream drainage structures/facilities.
(10)
Attachments.
(A)
Attach all graphs, charts, tables, etc. that are needed to document
information provided in the drainage report.
(B)
Drainage plan.
Provide a drawing that shows the
existing/proposed drainage improvements that are discussed in the
drainage report. The plan, at a minimum, shall show the following:
(i)
Existing and proposed contours (maximum of 2' intervals).
(ii)
Property lines, easements, streets, and existing drainage facilities.
(iii)
Overall drainage area boundary and sub-area boundaries.
(iv)
Details of detention/retention storage facilities and outlet
works.
(v)
Proposed outfall points for runoff of the developed site. Each
point should be labeled and show the existing and proposed drainage
improvements.
(vi)
All existing and proposed drainage improvements.
(c)
Approval
or denial of a development permit by the building inspector shall
be based on all 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 might be swept onto other lands to the
injury of others;
(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 cost of providing governmental services during and after flood
conditions, including maintenance and repair of streets, bridges,
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 facilities of a waterfront location, where applicable;
(9)
The availability of alternative locations, which are not subject
to flooding or erosion damage, but are still compatible with the proposed
use;
(10)
The relationship of the proposed use to the comprehensive plan for
that area.
(Ordinance 613-10 adopted 3/8/10)
(a)
The
appeal board as established by the community shall hear and render
judgment on requests for variances from the requirements of this article.
(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 building inspector in the enforcement or administration
of this article.
(c)
Any
person or persons aggrieved by the decision of the appeal board may
appeal such decision in a court of competent jurisdiction.
(d)
The
building inspector 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 article.
(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, providing the relevant factors in section 3.05.045(c) of this article 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 above and the intent of this article, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article, as listed in section 3.05.003.
(h)
Variances
shall not be issued within any designated floodway if any increase
in flood levels during the base flood discharge would result.
(i)
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.
(j)
Prerequisites
for granting variances:
(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 a 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, extraordinary
public expense, nuisances, fraud on or victimization of the public
or conflict with existing local laws or ordinances.
(3)
Any applicant granted a variance 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.
(k)
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:
(Ordinance 613-10 adopted 3/8/10)
