The village secretary is hereby appointed the floodplain administrator
to administer and implement the provisions of this article and other
appropriate sections of 44 CFR (Emergency Management and Assistance
-National Flood Insurance Program Regulations) pertaining to floodplain
management.
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 to ensure that the proposed
building site project, including the placement of manufactured homes,
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 Development Board (TWDB), and the
Texas Commission on Environmental Quality (TCEQ) 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 4.03.008], 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 this article.
(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)
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 1 foot, provided that the community first completes all of the provisions required by section 65.12 as referred to in the Code of Federal Regulations (CFR).
(a)
Application
for a floodplain development permit shall be presented to the floodplain
administrator on forms furnished by him/her and may include, but not
be limited to, plan 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. 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 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 this article on specific standards for nonresidential construction in section 4.03.071(b)(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 the requirements of this article in section 4.03.042(1);
(b)
Approval
or denial of a floodplain development permit by the floodplain administrator
shall be based on 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.
(a)
The
appeal board will be the village council and it 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 or 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)
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.
(g)
Variances
shall not be issued within any designated floodway if any increase
in flood levels during the base flood discharge would result.
(h)
Variances
may be issued for the repair or rehabilitation of historic structures
upon a determination of 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.
(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 application to which 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:
