§ 18-41. Permit application procedures.

(a)

Application for a floodplain development permit shall be presented to and must be approved by the Floodplain Administrator on forms furnished by him prior to any development, and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Application for a floodplain development permit for a proposed subdivision may be presented prior to or in conjunction with other data required for the platting process. For platting purposes, a floodplain development permit shall serve only as an approval of the floodplain ordinance requirements. No cut [and]/or fill, building, or other site alterations shall proceed until the permit is approved. Additionally, the following information shall accompany the permit application:

(1)

An elevation certificate for buildings on property located in or abutting the floodplain;

(2)

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

(3)

A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of subsection 18-74(2).

(4)

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

(5)

Maintain a record of all such information in accordance with subsection 18-40(1).

(6)

An existing structure may be improved (remodeled) without conforming to requirements of this article when the improvement does not constitute a substantial improvement. In the event that the work is considered a substantial improvement then the structure must be brought into compliance with this article.

(7)

Certification of the fair market value of an existing structure prepared by a certified real estate appraiser (or Bexar County Appraisal District's assessment) and a cost estimate of proposed improvements to the structure prepared by a registered contractor, architect, or registered professional engineer shall be submitted to verify whether or not the proposed improvements exceed 50 percent of the fair market value of the existing structure immediately prior to the base flood. In the case of a structure that has suffered damage, the date will verify the fair market value of the existing structure at the time of issuance of said first floodplain development permit.

a.

Once a property has been issued a floodplain development permit (FPDP) using the 50-percent rule stated above, any additional improvements thereafter will be tracked over a total of ten years. These improvements within the ten-year period can not exceed 50 percent of the fair market value of the existing structure at the time of issuance of said first floodplain development permit.

b.

The following items shall be considered maintenance in nature and shall not be considered in substantial improvement calculations when such items are not required as the result of a flood event:

1.

Air conditioning or heating system repairs not involving replacement or upgrade.

2.

Reroofing.

3.

Electrical rewiring or upgrade.

4.

General repairs to home (siding, window replacement, carpeting, sinks, tile, etc.)

(b)

Approval or denial of a floodplain development permit by the Floodplain Administrator shall be based on all of the provisions of this chapter and the following relevant factors:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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;

(7)

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;

(8)

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

(9)

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

(10)

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

(c)

If a development permit application is disapproved, the Floodplain Administrator shall notify the applicant in writing of the section and specific requirement of this article with which the proposed development does not comply and the nature of such noncompliance.

(Ord. No. 36, art. 4, § C, 2-23-1987; Ord. No. 600-01-10, 7-20-2010; Ord. No. 100-11-12, § I, 9-24-2012)

Editor's note

Section I of Ord. No. 100-11-12, adopted Sept. 24, 2012, changed the title of § 18-41 as "Permit procedures" as "Permit application procedures."