§ 20-50. Same—Duties and responsibilities.

(a)

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 ensure 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 USC 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 (e.g., 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), or any future successor of the state coordinating agency, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

(7)

Ensure 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 20-27, 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 division 3 of this article. The floodplain administrator may also require that an independent flood study be performed for any proposed construction or development to determine or to verify base flood elevation data, floodway data, and flow velocities, and to determine any adverse impacts, if any, that the proposed construction or development may cause on base flood elevations, floodways, and flow velocities.

(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 a zone 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, and it is demonstrated that special flood hazard reduction provisions of section 20-81 are fulfilled.

(10)

When a regulatory floodway has been designated, the floodplain administrator must prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge, with the exception that the city may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations; provided that the special flood hazard provisions of section 20-81 are fulfilled and that, prior to any development, including clearing, grading, filling, construction, and placement of any obstructions, an application for a conditional FIRM and floodway revision is submitted to FEMA for review, that the requirements for such revisions to base flood elevations and floodway data as established under the provisions of 44 CFR chapter 1, section 65.12 of the National Flood Insurance Program regulations are fulfilled, and that approval of the application for the conditional FIRM is received.

(b)

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 AE and AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot; provided that all of the provisions required by 44 CFR chapter 1, section 65.12 are first completed, and provided that special flood hazard reduction provisions of section 20-81 are fulfilled.

(Code 1982, § 11-27; Ord. No. 78-2, art. IV, § B, 1-9-1978; Ord. No. 08-44, § 1(11-27), 9-2-2008)