Administration and enforcement. The City Council designates the Lower Colorado River Authority as its agent for the administration and enforcement of the Lower Colorado River Authority Highland Lakes Watershed Ordinance Manual, as amended, within the city and within the extraterritorial jurisdiction.

The flood hazard areas of the city are subject to periodic inundation which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

These flood losses are caused by uses that are inappropriately placed and/or inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities, also contribute to the flood loss.

Protect human life and health;

Minimize expenditure of public money for costly flood control projects;

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

Minimize prolonged business interruptions;

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in floodplains;

Help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize future flood blight areas;

Ensure that potential buyers are notified that property is in a flood area; and

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

Control filling, grading, dredging, and other development which may increase flood damage; and

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other lands.

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

Deemed neither to limit nor repeal any other powers granted under state statutes.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations. Violation of the provisions of this article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 for each violation, and in addition shall pay all costs and expenses involved in the case. Each day the violation exists shall constitute a separate offense. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

Any person who shall knowingly or intentionally provide false information on any application required pursuant to this article shall be deemed guilty of a misdemeanor offense.

No building permit, certificate of occupancy, plumbing permit, electrical permit, or utility tap shall be issued by the city for or with respect to any lot, tract, or parcel of land within the city limits that does not comply with this article and other applicable regulations.

The building official or floodplain administrator may order the discontinuance of unauthorized construction or development by serving written notice of a stop-work order to any person engaged in or authorizing the work or by posting a stop-work order on the property adjacent to the unauthorized construction or development. In addition, the building official or floodplain administrator may halt all construction and development on any site upon which he or she finds a violation of this article by posting a stop-work order on the premises. All unauthorized construction and development shall cease until the building official authorizes continuance of the work.

Any person who removes a notice of violation or stop-work order posted pursuant to this article prior to correction of the deficiencies indicated thereon shall be deemed guilty of a misdemeanor offense.

This article may be further enforced by civil injunction and other civil and criminal judicial proceedings, either at law or in equity; and, in lieu of or in addition to any other authorized enforcement or action taken. Any person who violates any term or provision of this article, with respect to land, property, building, or development within the city, may also be fined as well as charged all other penalties, civil and criminal as provided herein and by applicable law.

Upon the request of the City Council, the city attorney or other authorized attorney shall file an action in the district courts to enjoin the violation or threatened violation of this article, or to obtain declaratory judgment, and to seek and recover court costs and attorneys' fees, and/or recover damages in an amount sufficient for the city to undertake any demolition, construction or other activity necessary to bring about compliance with a requirement regarding the property and established pursuant to this article.

Site plan, including but not limited to:

Foundation design detail, including but not limited to:

Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 4.3.1.F of this article and FEMA Technical Bulletin TB 3-93 or subsequent replacement bulletin;

A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Section 4.3.1.F of this article;

All appropriate certifications listed in Section 4.2.4.D of this article;

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and

Any other information required by the floodplain administrator to maintain a record of all such information in accordance with Section 4.2.4.D of this article.

The danger to life and property due to flooding or erosion.

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

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

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

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

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.

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.

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

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

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

Permit review. Review all development permits for the proposed building site project, including the placement of manufactured homes, to determine that:

Notification of other agencies. In alteration or relocation of a watercourse:

Documentation of floodplain development. Require and maintain for public inspection and make available as needed the following:

Map determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Division 4.4.

Approval of certain development. Under the provisions of 44 CFR chapter 1, section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the community first completes all of the provisions required by section 65.12 of the National Flood Insurance Program regulations.

Remedial action. Take action to remedy violations of this article as specified in Section 4.1.2.8.

No rise of BFE in the floodplain. No new construction, substantial improvements, or other development (including cut and/or fill) shall be permitted within zones A and AO-A30 on the community's flood insurance rate maps unless it is first demonstrated by engineering data submitted by the applicant's engineer in accordance with the various requirements and procedures set forth in this division that the cumulative effect of the proposed development will not increase the water surface elevation of the base flood at any point within the community, or immediately adjacent to its territory.

Compensatory storage. Whenever any portion of a floodplain is authorized for use, the space occupied by the authorized fill or structure below the base flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood elevation. All such excavations shall be constructed to drain freely to the watercourse.

New development or substantial improvement in the 100-year floodplain may not increase erosive water velocity on site or off site.

Construction materials and methods. All new construction and substantial improvement shall be constructed:

Elevation and Floodproofing. (See Article 9 for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement.")

All new and replacement water supply and sanitary sewage systems shall be designed and placed to minimize or eliminate:

On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood.

All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.

All subdivision proposals shall be consistent with the need to minimize flood damage.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

All subdivision plans shall identify at least one surveyed, permanently installed monument. Additional monuments will be required for every 100 acres on the site described for development.

All manufactured homes that are placed or substantially improved, within zones A1-30, AH, and AE on the community's Flood Insurance Rate Map, on sites located:

All manufactured homes that are placed or substantially improved on sites located within zones V1-30, V, and VE on the community's Flood Insurance Rate Map will meet the requirements of Subsection A.

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, AE, V1-30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions of Subsection A will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

All manufactured homes to be placed within zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

All recreational vehicles placed on sites within zones A1-30, AH, and AE on the community's Flood Insurance Rate Map will either:

Recreation vehicles placed on sites within zones V1-30, V, and VE on the community's Flood Insurance Rate Map will meet the requirements of Subsection A.

Encroachments, including fill, new construction, substantial improvement, and other new development are prohibited, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

If Subsection A above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Division 9.3.

Under the provisions of 44 CFR chapter 1, section 65.12, of the National Flood Insurance Program regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by section 65.12 of the National Flood Insurance Program regulations.

The floodplain administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas as known to the community.

Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard. If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.

Within zone E on the Flood Insurance Rate Map, a setback is required for all new development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated useful life of structures, and depending upon the geologic, hydrologic, topographic, and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only.

All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's firm (at least 2 feet if no depth number is specified).

All new construction and substantial improvements of nonresidential structures:

A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this section, as proposed in Section 4.3.1 are satisfied.

Require within zones AH or AO adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures.

The variance criteria set forth in this division are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this article would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the board of adjustments and appeals to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level is so serious that variances from the flood elevation or from other requirements in this article are quite rare.

(NOTE: The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this article are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.)

The Board of Adjustments shall hear and render judgment on requests for variances from the requirements of this article and appeals as provided herein. The Board of Adjustments shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this article. Any person or persons aggrieved by the decision of the board of adjustments may appeal such decision in the courts of competent jurisdiction.

In responding to requests for variances, the board of adjustments shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and the:

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance and Mitigation Administration, Federal Emergency Management Agency.

Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of this article have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Article 9) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

Variances shall not be granted within any special flood hazard area if any increase in flood levels during the base flood discharge would result.

Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this article. For example, in the case of variances to an elevation requirement, this means the board of adjustments and appeals or other appropriate governing body need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the board of adjustments and appeals determines will both provide relief and preserve the integrity of the local chapter.

Variances shall only be issued upon a:

Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Subsection A through Subsection E are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

Upon consideration of the factors of Section 4.4.2 and the purposes of this article, the board of adjustments and appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.