(a) Application requirements.
(1) No person shall proceed with development of property within the floodplain until an application is submitted and a Floodplain Development Permit (FDP) is issued.
(2) Prior to issuance of the Floodplain Development Permit (FDP), or authorization to excavate or fill in the floodplain, all required permits must be obtained by the owner from all state and federal regulatory bodies with jurisdiction in such matters. A copy of the appropriate agency's approved permit must be provided to the city with the FDP application.
(3) Application for a Floodplain Development Permit (FDP) must be presented to the floodplain administrator on forms provided on the city's website. The permit application must include, but not be limited to, plans 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. Additionally, the following information is required:
a. An Elevation Certificate for structures on property located in or abutting the floodplain. The certificate must be completed by a registered public land surveyor or professional engineer and include the elevation in relation, to mean sea level, of the lowest floor including basement, finished garage and lowest elevation of machinery or equipment servicing the building, of all new and substantially improved structures. The certificate must be submitted within 60 days of completion of construction or substantial improvement;
b. Elevation in relation to mean sea level to which any non residential structure shall be floodproofed (floodproofing requirements are set forth in § 7-347(b));
c. Certification from a registered professional engineer or architect that the nonresidential floodproofed structures shall meet the floodproofing criteria of § 7-347(b);
d. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development;
e. Valley storage evaluation for sites located within a sump area associated with the Trinity River levee system. The determination of valley storage impacts consists of a comparison of pre-project (existing) conditions and post-project conditions. The maximum allowable valley storage decrease for the 1% annual chance flood is 0.0%; and
f. For existing structures within the floodplain that do not conform to current floodplain management standards, the Substantial Improvement or Substantial Damage Review Package must be submitted to obtain the substantial improvement or substantial damage determination.
1. If the proposed work is determined to be a substantial improvement then the entire structure must be brought into compliance with this article.
2. If the proposed work does not constitute a substantial improvement then the existing structure may be improved (remodeled) without conforming to requirements in this article. Once a property has been issued a floodplain development permit using the 50% rule, any additional improvements thereafter will be tracked over a total of five years. These improvements within the five-year period cannot exceed 50% of the fair market value of the existing structure at the time of issuance of said first floodplain development permit.
(4) No application shall be accepted for review until the application meets the requirements of this article, including all necessary documents and supporting information. Applications that do not include all necessary documentation and supporting information shall be deemed not complete.
(b) Permit evaluation. Approval or denial of a floodplain development permit by the floodplain administrator shall be based on all of the provisions of this article 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 on to other lands to the injury of other persons or property;
(4) The compatibility of the proposed use with existing and anticipated developments;
(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 flood waters 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 and floodplain management program for that area; and
(11) The cumulative effects of development and the associated loss of stormwater storage and/or detention; and
(12) The impact the development may have on the overall function of the stormwater facilities and the impact on properties in its own and connecting watersheds. This may include but not be limited to changes in discharges as a result of changes in impervious cover, velocity, storage, creek roughness, etc.
(c) If a floodplain development permit application is disapproved, the floodplain administrator shall notify the applicant in writing of the section and specific requirement of this article with which the proposed development does not comply and the nature of such noncompliance.
(d) No building permits, inspections, or certificates of occupancy to structures will be issued unless the terms and conditions of this article are met.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)