Division 2 Administration

Duties and responsibilities of the floodplain administrator shall include, but not be limited to the following:

Maintain and hold open for public inspection all records pertaining to the provisions of this article;

Review building permit applications to determine whether proposed building site projects, including the placement of manufactured homes, will be reasonably safe from flooding;

Review, approve, or deny all applications for floodplain development permits required by this article;

(4)

Review permits for proposed development to assure that all necessary permits have been obtained from required federal, state or local governmental agencies, including section 404 of the Clean Water Act (Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334). However, these assurances do not assume any responsibility on the part of the floodplain administrator or the city to enforce the conditions of permits issued by agencies other than the city;

(5)

Interpret, where necessary, 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);

(6)

In riverine situations, notify adjacent communities and the state coordinating agency, which is the Texas Water Development Board (TWDB) and also the Texas Commission on Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA;

(7)

Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained;

(8)

Obtain, review, and reasonably utilize any base flood elevation data and/or floodway data available from a federal, state or other source, in order to administer the provisions of division 3 of this article when base flood elevation data has not been provided in accordance with section 3.12.007;

(9)

When a regulatory floodway has not been designated, require that no new construction, substantial improvements, or other development (including fill) is 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 (rise of zero (0) feet) at any point within the community;

(10)

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, provided that the community first completes all of the provisions required by 44 CFR chapter 1, section 65.12 of the NFIP regulations;

(11)

Maintain a record of all variance actions, including justification for their issuance; and

(12)

Review, comment, and approve or deny all CLOMR or LOMR requests to be submitted on behalf of the city to FEMA. The floodplain administrator must approve all CLOMRs and LOMRs before they are submitted to FEMA.

§ 3.12.043 Floodplain permit procedures.

The city may require an additional third-party review fee depending on the complexity of the proposed project.

(Ordinance 6691 adopted 2/5/2024)

A city floodplain development permit shall be required for all proposed development within a SFHA or floodplain to assure conformance with the provisions of this article. The floodplain development permit shall be issued by the engineering department.

Application for a floodplain development permit shall be presented to the floodplain administrator on forms furnished by the city and may include, but are not limited to:

Plans, drawn to scale, showing:

(A)

The locations, dimensions, and elevation of proposed landscape alterations, including fences.

(B)

The locations and dimensions of existing and proposed structures (including manufactured homes), along with:

(i)

The elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures; and

(ii)

The elevation (in relation to mean sea level) to which any nonresidential structure shall be floodproofed;

The location of the foregoing in relation to areas of special flood hazard with BFEs shown where applicable. Additionally, the following information is required:

(A)

A certificate from a professional engineer or architect, registered in the state, that the nonresidential floodproofed structure shall meet the floodproofing criteria of section 3.12.072(2);

(B)

A description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of the proposed;

(C)

A model in the latest-available version of HEC-RAS or equivalent software showing existing and proposed conditions of the proposed project area and sufficient upstream and downstream extents to show no negative impact outside of the proposed project area;

(D)

Where required, a CLOMR approved by the city's floodplain administrator and FEMA; and

(E)

A maintained record of all information in accordance with section 3.12.42(a)(2).

(c)

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:

The danger to life and property due to flooding or erosion damage;

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

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; and

(10)

The relationship of the proposed use to the comprehensive plan for that area.

(Ordinance 6691 adopted 2/5/2024)

§ 3.12.044 Variance procedures.

The board of adjustments, as authorized by this code, shall hear and render judgment on written requests for variances from the requirements of this article.

The board of adjustments 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 adjustments 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 3.12.043(b) of this division 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 board of adjustments may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article (section 3.12.003).

(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 an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(j)

Prerequisites for granting variances:

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;

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.

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:

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 damages during the base flood and create no additional threats to public safety.

(Ordinance 6691 adopted 2/5/2024)

§ 3.12.045 Enforcement.

A person commits an offense by:

Commencing development within a SFHA or floodplain without first obtaining a floodplain development permit from the city;

Failing to return the property to its original or previous condition after commencing development within a SFHA or floodplain without first obtaining a floodplain development permit from the city; or

Failing to adhere to the regulations established within this article without first obtaining an appropriate variance as outlined in section 3.12.044.