(Code 1983, § 5-133; Ord. No. B-432, § 1, 5-14-1987; Ord. No. B-559, § I, 8-10-1995; Ord. No. B-559(A1008), §§ V, VI, 10-23-2008; 9-18-2023 by Ord. No. 5225-09-2023)
(a) 
Designation.
The city engineer is hereby appointed the floodplain administrator to administer and implement the provisions of this article and other appropriate sections of 44 CFR (National Flood Insurance Program regulations pertaining to floodplain management).
(b) 
Duties and responsibilities.
Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:
(1) 
Maintain and hold open for public inspection all records pertaining to the provisions of this article.
(2) 
Review permit application to determine whether proposed building site will be reasonably safe from flooding.
(3) 
Review, approve or deny all applications for development permits required by adoption of this article.
(4) 
Review permits for proposed development to ensure 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 hazards (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) 
Notify, in riverine situations, adjacent communities and the state coordinating agency which is the state water development board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
(7) 
Ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
(8) 
When the base flood elevation data has not been provided in accordance with section 42-42, the floodplain administrator 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 sections 42-91–42-95.
(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 through 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 0.0 feet at any point within the community. Any deviation from this standard shall be approved by the floodplain administrator.
(10) 
Under the provisions of 44 CFR chapter 1, section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA.
(11) 
All new construction, substantial improvements, or other developments shall be evaluated for adverse impacts to flood conditions in accordance with the standards described in the then currently adopted City of Burleson Design Criteria Manual and may require mitigation.
(12) 
For all floodplains, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within the floodplain, unless it is demonstrated that the effect of the proposed development will not increase the base flood elevation or the fully developed water surface elevation more than 0.0 feet without approval of the floodplain administrator.
(Code 1983, § 5-127; Ord. No. B-432, § 1, 5-14-1987; 9-18-2023 by Ord. No. 5225-09-2023)
A development permit shall be required to ensure conformance with the provisions of this article.
(Code 1983, § 5-134; Ord. No. B-432, § 1, 5-14-1987; Ord. No. B-502, § I, 8-22-1991; 9-18-2023 by Ord. No. 5225-09-2023)
(a) 
Application for a development permit shall be presented to the floodplain administrator on forms furnished by him and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures or improvements, including the placement of manufactured homes, 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 the 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 shall meet the floodproofing criteria of section 42-92(2);
(4) 
Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development;
(5) 
Maintain a record of all such information in accordance with section 42-61(b)(1).
(b) 
Approval or denial of a development permit by the floodplain administrator shall be based on all of 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 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.
(Code 1983, § 5-135; Ord. No. B-432, § 1, 5-14-1987; Ord. No. B-502, § I, 8-22-1991; Ord. No. B-559, § I, 8-10-1995; Ord. No. B-559(A1008), § VII, 10-23-2008; 9-18-2023 by Ord. No. 5225-09-2023)
(a) 
The appeal board 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 floodplain administrator in the enforcement of administration of this article.
(c) 
Any person or persons 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 article.
(f) 
Variances may be issued for new construction and substantial improvements to be erected on a lot 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 42-63(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 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 (section 42-33).
(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 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, 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 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 criteria outlined in subsections (a)–(i) of this section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.