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The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled “The Flood Insurance Study for the City of Texas City, Texas”, dated 11-2-1982, with accompanying flood insurance rate maps and flood boundary-floodway maps (FIRM and FBFM) and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter.
(1998 Code, § 58-37)
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(1998 Code, § 58-40)
In the interpretation and application of this chapter, all provisions shall be:
(A) Considered as minimum requirements;
(B) Liberally construed in favor of the City Commission; and
(C) Deemed neither to limit, nor repeal, any other powers granted under state statutes.
(1998 Code, § 58-41)
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur, and flood heights may be increased by human-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city or any official or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(1998 Code, § 58-42)
ADMINISTRATION
(A) Designation. The Chief Building Official is hereby appointed the Floodplain Administrator to administer and implement the provisions of this chapter and appropriate sections of 44 C.F.R. (the National Flood Insurance Program regulations) pertaining to floodplain management.
(1998 Code, § 58-61)
(B) Duties. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following.
(1) The Floodplain Administrator shall maintain and hold open for public inspection all records pertaining to the provisions of this chapter.
(2) The Floodplain Administrator shall review permit applications to determine whether proposed building sites will be reasonably safe from flooding.
(3) The Floodplain Administrator shall review, approve or deny all applications for development permits required by this chapter.
(4) The Floodplain Administrator shall review permits for proposed development to ensure that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required (including permits required under § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. §§ 1251 et seq.).
(5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard (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) The Floodplain Administrator shall notify, in riverine situations, adjacent communities and the state coordinating agency, which is the State Water Commission, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
(7) The Floodplain Administrator shall 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 § 157.07 of this chapter, 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 §§ 157.40 through 157.45 of this chapter.
(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.
(1998 Code, § 58-62)
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