A floodplain development permit shall be required to ensure conformance with the provisions of this article. A development permit shall be obtained before any construction or other development begins within any area of the jurisdiction of the city. Application for a development permit shall be made on forms furnished by the floodplain administrator and for sites located in the special flood hazard area established in Section 4.1.2, may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, including the placement of manufactured homes, fill, storage of materials, drainage facilities; and the location of the foregoing in relation to areas of special flood hazard specifically, the following information is required.
A. 
Site plan, including but not limited to:
1. 
For all proposed structures, spot ground elevations at building corners and one foot contour elevations throughout the building site;
2. 
Proposed locations of water supply, sanitary sewer, and utilities;
3. 
If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map;
4. 
If applicable, the location of the special flood hazard area and floodway;
B. 
Foundation design detail, including but not limited to:
1. 
Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures and substantially improved structures;
2. 
For a crawl-space foundation, location and total net area of foundation openings as required in Section 4.3.1.F.3 of this article and FEMA Technical Bulletins 1-93 and 7-93 or subsequent replacement bulletins; and
3. 
For foundations placed on fill, the location and height of fill, and compaction to be achieved (compacted to a minimum of 95 percent using the Standard Proctor Test method);
C. 
Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 4.3.1.F of this article and FEMA Technical Bulletin TB 3-93 or subsequent replacement bulletin;
D. 
A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Section 4.3.1.F of this article;
E. 
All appropriate certifications listed in Section 4.2.4.D of this article;
F. 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and
G. 
Any other information required by the floodplain administrator to maintain a record of all such information in accordance with Section 4.2.4.D of this article.
(Ordinance 2025-O-650 adopted 1/9/2025)
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:
A. 
The danger to life and property due to flooding or erosion.
B. 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
C. 
The danger that materials may be swept onto other lands to the injury of others.
D. 
The compatibility of the proposed use with existing and anticipated development.
E. 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
F. 
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.
G. 
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.
H. 
The necessity to the facility of a waterfront location, where applicable.
I. 
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.
J. 
The relationship of the proposed use to the comprehensive plan for that area.
(Ordinance 2025-O-650 adopted 1/9/2025)
The floodplain administrator is hereby appointed to administer, implement, and enforce this article by granting or denying development permits in accord with its provisions and other applicable sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program regulations) pertaining to floodplain management.
(Ordinance 2025-O-650 adopted 1/9/2025)
The duties and responsibilities of the floodplain administrator shall include, but not be limited to the following.
A. 
Permit review. Review all development permits for the proposed building site project, including the placement of manufactured homes, to determine that:
1. 
Permit requirements of this article have been satisfied;
2. 
All other required state and federal permits have been obtained;
3. 
The site is reasonably safe from flooding; and
4. 
The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this article, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.
B. 
Review, use and development of other base flood data.
1. 
When base flood elevation data has not been provided in accordance with Section 4.1.2.7, the floodplain administrator may obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Division 4.3. Any such information shall be submitted to the City Council for adoption; or
2. 
If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995, or as later amended, in order to administer Division 4.3:
a. 
Simplified method.
(1) 
100-year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge-drainage area method; and
(2) 
Base flood elevation shall be obtained using the Quick-2 computer program, or subsequent programs, developed by FEMA; or
b. 
Detailed method.
(1) 
100-year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers' HEC-HMS computer program, or subsequent programs; and
(2) 
Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HEC-RAS computer program, or subsequent programs.
(3) 
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.
C. 
Notification of other agencies. In alteration or relocation of a watercourse:
1. 
Notify adjacent communities, the state commission on environmental quality, and U.S. Army Corps of Engineers prior to development approval;
2. 
Submit evidence of such notification to the Federal Insurance and Mitigation Administration, Federal Emergency Management Agency;
3. 
Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained; and
4. 
Notify, in riverine situations, adjacent communities and the state coordinating agency, which is the Texas Water Development Board (TWDB), or successor agency, 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 the Federal Emergency Management Agency.
D. 
Documentation of floodplain development. Require and maintain for public inspection and make available as needed the following:
1. 
Certification required by Section 4.3.1.F.1 (lowest floor elevations).
2. 
Certification required by Section 4.3.1.F.2 (elevation or floodproofing of nonresidential structures).
3. 
Certification required by Section 4.3.1.F.3.b (wet floodproofing standard).
4. 
Certification of elevation required by Section 4.3.3.B (subdivision standards).
5. 
Certification required by Section 4.3.6 (floodway encroachments).
E. 
Map determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Division 4.4.
F. 
Approval of certain development. 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 of the National Flood Insurance Program regulations.
G. 
Remedial action. Take action to remedy violations of this article as specified in Section 4.1.2.8.
(Ordinance 2025-O-650 adopted 1/9/2025)
The board of adjustments of the city shall hear and decide appeals 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.
(Ordinance 2025-O-650 adopted 1/9/2025)