§ 13½-19. Duties and responsibilities of the local administrator.

(a)

Permit application review. The local administrator shall conduct the following permit application review before issuing a floodplain development permit:

(1)

Review all applications for completeness, and 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, and for compliance with the provisions and standards of this law.

(2)

Review subdivision and other proposed new development, including manufactured home parks to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of article III of this chapter (Construction Standards) and, in particular, subsection 13½-25(a)(1) of this chapter (subdivision proposals).

(3)

Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination.

(4)

Determine that all necessary permits have been received from those governmental agencies from which approval is required by state or federal law.

(b)

Use of other flood data.

(1)

When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's flood insurance rate map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, including data developed pursuant to [section] 13½-25(c) of this chapter (Residential structures (except costal hazard areas)), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this law.

(2)

When base flood elevation data are not available, the local administrator may use flood information from any other authority's source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purposes of this law.

(3)

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 local administrator shall make the necessary interpretation.

(c)

Alteration of watercourses.

(1)

Notification to adjacent communities and the Texas Commission on Environmental Quality prior to permitting any alteration or relocation of a watercourse, and submittal of evidence of such notification to the Regional Director, Federal Emergency Management Agency.

(2)

Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that flood carrying capacity is not diminished.

(d)

Construction stage.

(1)

In Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, obtain from the permit holder a certification of the as-built elevation of the lowest floor or flood proofed elevation, in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for one hundred eighty (180) consecutive days or longer (unless it is fully licensed and ready for highway use).

(2)

Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop work order for the project unless immediately corrected.

(e)

Inspections. The local administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions.

(f)

Stop work orders.

(1)

The local administrator shall issue, or cause to be issued, a stop work order for any floodplain development found ongoing without a development permit. Disregard of a stop work order shall subject the violator to the penalties described in section 13½-7 of this chapter.

(2)

The local administrator shall issue, or cause to be issued, a stop work order for any floodplain development found non-complaint [non-compliant] with the provisions of this law and/or the conditions of the development permit. Disregard of a stop work order shall subject the violator to the penalties described in section 13½-7 of this chapter.

(g)

Certificate of compliance.

(1)

In areas of special flood hazard, as determined by documents enumerated in section 13½-5, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this local law.

(2)

A certificate of compliance shall be issued by the local administrator upon satisfactory completion of all completion of all development in areas of special flood hazard

(3)

Issuance of the certificate shall be based upon the inspections conducted as prescribed in [section] 13½-19(e) of this chapter (inspections) and/or any encroachment analyses which may have been required as a condition of the approved permit.

(h)

Information to be retained. The local administrator shall retain and make available for public inspection, pursuant to Chapter 552 of the Texas Government Code and the city's record retention schedule, all records pertaining to the provisions of this chapter, including but not limited to the following:

(1)

Floodplain development permits and certificates of compliance.

(2)

Certifications of as-built lowest floor elevations of structures, required pursuant article III (Construction Standards) of this chapter, and whether or not the structures contain a basement.

(3)

Flood proofing certificates, required pursuant to article III (Construction Standards) of this chapter, and whether or not the structures contain a basement.

(4)

Certifications required pursuant to article II (Floodplain Development Permit) of this chapter.

(5)

Variances issued pursuant to article IV (Variance Procedure).

(6)

Notices required under section 13½-19(c) [Alteration of water courses].

(Ord. No. 05-39, § 1, 11-15-2005)