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§ 152.23 COMPLIANCE.
   No structure or land shall hereafter be located, altered or have its use changed without full compliance with the terms of this chapter and other applicable regulations.
(Ord. 2009-05, passed 10-15-2009) Penalty, see § 152.99
§ 152.24 ABROGATION AND GREATER RESTRICTIONS.
   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.
(Ord. 2009-05, passed 10-15-2009)
§ 152.25 INTERPRETATION.
   In the interpretation and application of this chapter, all provisions shall be:
   (A)   Considered as minimum requirements;
   (B)   Liberally construed in favor of the governing body; and
   (C)   Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. 2009-05, passed 10-15-2009)
§ 152.26 WARNING AND DISCLAIMER OR LIABILITY.
   The degree of flood protection required by this chapter is considered reasonable for regulators 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 hazards 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 community, or any official or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(Ord. 2009-05, passed 10-15-2009)
ADMINISTRATION
§ 152.40 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR.
   The Mayor or his or her designee is hereby appointed the Floodplain Administrator to administer and implement the provisions of this chapter and other appropriate sections of 44 C.F.R. (Emergency Management and Assistance National Flood Insurance Program Regulations) pertaining to floodplain management.
(Ord. 2009-05, passed 10-15-2009)
§ 152.41 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
   Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:
   (A)   Maintain and hold open for public inspection all records pertaining to the provisions of this chapter;
   (B)   Review permit applications to determine whether to ensure that the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding;
   (C)   Review, approve or deny all applications for development permits required by adoption of this chapter;
   (D)   Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1344) from which prior approval is required;
   (E)   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;
   (F)   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;
   (G)   Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained;
   (H)   When base flood elevation data has not been provided in accordance with § 152.07, 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 §§ 152.25 et seq.;
   (I)   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 certain zones within the city, 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
   (J)   Under the provisions of 44 C.F.R. Chapter 1, § 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in certain zones, which may increase 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 § 65.12 of the Emergency Management and Assistance.
(Ord. 2009-05, passed 10-15-2009; Ord. 2023-10, passed 7-20-2023)
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