The article shall apply to all duly designated FEMA flood zones ("areas of special flood hazard") within the jurisdiction of the city to include the areas within the city limits and the extra territorial jurisdiction (ETJ) extending 3.5 miles from the city limits.
(Ordinance 2023-24, § II, adopted 7/5/2023)
The area of special flood hazard shall be any areas classified as special flood hazard areas in the scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Cameron County, Texas and Incorporated Areas," dated February 16, 2018, with accompanying flood insurance rate maps and/or flood boundary-floodway maps (FIRM and/or FBFM) dated February 16, 2018 issued by the Federal Emergency Management Agency, or the most recent version thereof, including all digital supporting data. The area of special flood hazard shall also include those areas determined to be flood prone by the City of Harlingen and through the reasonable and prudent use of other flood hazard information, including the results of the South Laguna Madre Watershed Base Level Engineering Assessment dated October 2021, to ensure conformance with the provisions of this chapter.
(Ordinance 2023-24, § II, adopted 7/5/2023)
No structure or land shall hereafter be located, altered, or have its use changed, or otherwise be developed unless a floodplain development permit has been issued, pursuant to the terms of this chapter. Where construction of structures in a floodplain is allowed by the floodplain administrator, a floodplain development permit shall be required to ensure conformance with the provisions of this chapter. In addition, all land development in any area of special flood hazard shall be required to have a floodplain development permit. Proposed work must be started within six months of the date of approval of a floodplain development permit, otherwise the permit will become null and void. The floodplain development permit will be in effect for 12 months following the start of construction unless otherwise approved on the permit by the floodplain administrator.
(Ordinance 2023-24, § II, adopted 7/5/2023)
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ordinance 2023-24, § II, adopted 7/5/2023)
In the interpretation and application of this chapter, all provisions shall be; (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under state statutes.
(Ordinance 2023-24, § II, adopted 7/5/2023)
This chapter shall not create a cause of action or basis for liability from any flood damages that result from reliance on this chapter or any administrative decisions lawfully made thereunder.
(Ordinance 2023-24, § II, adopted 7/5/2023)