§ 47-11. Permit procedures.  


Latest version.
  • (1)

    Application for a development permit shall be presented to the director of public works on forms furnished by him and which forms may include, but not be limited to, plans in duplicate, drawn to scale, showing the location, dimensions and elevation of existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:

    (a)

    Elevation in relation to mean sea level, of the lowest floor (including basement) of all proposed structures;

    (b)

    Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;

    (c)

    A certificate from a registered professional engineer that the nonresidential floodproofed structure shall meet the floodproofing criteria of section 47-14(2);

    (d)

    Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.

    (2)

    Approval or denial of a development permit by the director of public works shall be based on all of the provisions of this chapter and the following relevant factors:

    (a)

    The danger to life and property due to flooding or erosion damage;

    (b)

    The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

    (c)

    The danger that materials may be swept onto other lands to the injury of others;

    (d)

    The compatibility of the proposed use with existing and anticipated development;

    (e)

    The safety of access to the property in times of flood for ordinary and emergency vehicles;

    (f)

    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;

    (g)

    The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

    (h)

    The necessity to the facility of a waterfront location, where applicable;

    (i)

    The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

    (j)

    The relationship of the proposed use to the comprehensive plan for that area.

    (k)

    However, no development permits shall be issued for new construction or substantial improvements of a structure in an area designated special flood hazard unless the lowest floor slab elevation is at least two (2) feet above the base level. When the floor slab elevation has been set at least two (2) feet above the base flood level, no additional flood proofing or special construction requirements shall be demanded of the applicant except as provided in section 47-14(4) and (5). Further, the start of construction of new mobile home subdivisions shall not be approved unless the lowest elevation on which any mobile home is to be located is at least two (2) feet above the base flood level elevation.

    (3)

    The applicant for a development permit shall provide from the U.S. Army Corps of Engineers and the Texas Department of Water Resources either written approval of the proposed plans or a written statement demonstrating that the particular agency does not assert jurisdiction over the proposed project, and, in the case of projects requiring the alteration and relocation of a watercourse, provide evidence that the applicant has notified adjacent communities and has submitted evidence of such notification to the Federal Insurance Administration.

(Ord. No. 3549, § 1, 11-6-80)