The city engineer is hereby appointed the floodplain administrator to administer and implement the provisions of this chapter and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) pertaining to floodplain management.
(Ordinance 2023-24, § II, adopted 7/5/2023)
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 chapter.
(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 chapter.
(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 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.
(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 article III, section 105-22, 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 article V.
(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 one foot, provided that the community first completes all of the provisions required by Section 65.12.
(11) 
Coordinate all change requests to the FIS and FIRM or FHBM, or both, with the requestor, state, and FEMA;
(12) 
Enforcing the city's "No Adverse Impact" Floodplain Management requirement based on the historical knowledge related to street and structural flooding of the area and require additional conditions for the approval which may include limit dirt placement by implementing a pier and beam construction requirement, improving drainage systems, etc.
(13) 
Where base level engineering is available:
a. 
Base level engineering data shall be reviewed and reasonably used in FEMA-identified special flood hazard areas where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified special flood hazard areas.
b. 
Base flood elevations and designated floodway boundaries on FIRMs and in flood insurance studies shall take precedence over base flood elevations and floodway boundaries delineated by base level engineering if such source shows reduced floodway widths and/or lower base flood elevations.
c. 
Base level engineering data shall be reasonably used if such source shows increased base flood elevations and/or larger floodway areas than are shown on FIRMs and in flood insurance studies.
(Ordinance 2023-24, § II, adopted 7/5/2023)
(a) 
Application for a floodplain development permit shall be presented to and must be approved by the floodplain administrator on forms furnished by the floodplain administrator 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, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Application for a floodplain development permit for a proposed subdivision may be presented prior to or in conjunction with other data required for the platting process. For platting purposes, a floodplain development permit shall serve only as an approval of the floodplain ordinance requirements. No cut/or fill, building, or other site alterations shall proceed until the permit is approved. Additionally, the following information shall accompany the permit application:
(1) 
An elevation certificate for buildings on property located in or abutting the floodplain;
(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 article V, section (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 article IV, section (b)(1);
(6) 
An existing structure may be improved (remodeled) without conforming to requirements of this chapter when the improvement does not constitute a substantial improvement. In the event that the work is considered a substantial improvement then the structure must be brought into compliance with this chapter.
(7) 
If required by section 105-45, a certification of no adverse impact. A registered professional engineer shall certify that the proposed development will not create adverse impacts on other properties as measured by:
a. 
No increase in flood stage;
b. 
No increase in flood velocity
c. 
No increase in flows;
d. 
No increased potential for erosion and sedimentation;
e. 
Any other impact deemed important or as specified by the city.
The certification shall employ accepted engineering standards for hydraulic and hydrological analysis and all data shall be provided in hard copy and digitally for review and corroboration by the floodplain administrator, city engineer, or any governmental review agency acceptable to the city.
(b) 
Approval or denial of a floodplain development permit by the floodplain administrator shall be based on all of the provisions of this chapter 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.
(c) 
If a development permit application is disapproved, the floodplain administrator shall notify the applicant in writing of the section and specific requirement of this chapter with which the proposed development does not comply and the nature of such noncompliance.
(Ordinance 2023-24, § II, adopted 7/5/2023)
(a) 
The appeal board, as established by the community, shall hear and render judgment on requests for variances from the requirements of this chapter. The issuance of a variance pursuant to this chapter is for flood plain management purposes only.
(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 chapter. The appeal board, after a public hearing and examining the applicant's hardships, shall approve or disapprove a request for variance.
(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 chapter.
(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 (c)(2) of this article 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 chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter (article I, section (c)).
(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 a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(j) 
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: (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) 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.
(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 (i) the criteria outlined in article IV, section (d)(1)—(9) are met, and (ii) 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 2023-24, § II, adopted 7/5/2023)
(a) 
Compensatory storage or floodplain mitigation required. If a development, re-development, or substantial improvement project of or greater than 50 lots or five acres proposes encroachment upon, by placing fill, store stormwater detention, or placing a structure within, a moderate or special flood hazard area, the project must provide compensatory storage.
(1) 
Compensatory storage for special flood hazard area encroachments shall be provided in the same type of special flood hazard area.
(2) 
Compensatory storage for moderate flood hazard area encroachments may be provided in either special or moderate flood hazard areas.
(3) 
The volume of an encroachment shall be calculated as the volume of space occupied by the encroachment from natural ground up to the base flood elevation.
(4) 
If the compensatory storage is provided on the same property as the proposed development, the required compensatory storage shall be equivalent to the volume of encroachment.
(5) 
If it is infeasible to provide compensatory storage on the same property as the proposed development, the applicant may request to provide the compensatory storage offsite, provided that:
a. 
The compensatory storage is doubled;
b. 
The applicant provides proof that the offsite compensatory storage cannot be reduced in any way; and
c. 
The location of the offsite compensatory storage is within a one-half mile radius of the proposed development's continuous property boundary.
(6) 
The compensatory storage volume shall not be negatively impacted by groundwater.
(Ordinance 2023-24, § II, adopted 7/5/2023)