The city manager is hereby appointed the floodplain administrator
to administer and implement the provisions of this article and other
appropriate sections of 44 DFR (National Flood Insurance Program Regulations)
pertaining to floodplain management.
(1993 Code of Ordinances, Appendix 2)
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 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 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 floodplain administrator shall make the necessary interpretation.
(6)
Notify,
in riverine situations, adjacent communities and the state coordinating
agency which is the Texas Water Commission, prior to any alteration
or relocation of a watercourse, and submit evidence of such notification
to the Federal Emergency Management Agency.
(7)
Assure
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 3.807, 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 Division 3.
(1993 Code of Ordinances, Appendix 2)
(a)
Application
for a development permit shall be presented to the floodplain administrator
on forms furnished by him/her 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, 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)
of all new and substantially improved structures;
(2)
Elevation
in relation to mean seal level to which any nonresidential structure
shall be flood-proofed;
(3)
A certificate from a registered professional engineer or architect that the nonresidential flood-proofed structure shall meet the flood-proofing criteria of Section 3.827(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)
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.
(1993 Code of Ordinances, Appendix 2)
(a)
The
board of adjustment shall hear and render judgment on requests for
variances from the requirements of this article.
(b)
The
board of adjustment 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 article.
(c)
Any
person or persons aggrieved by the decision of the board of adjustment
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 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 3.818 have been fully considered. As the lost 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 board of adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article (Section 3.803).
(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:
(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.
(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:
(1993 Code of Ordinances, Appendix 2)
