Ord 2016-050/revisions to the San Marcos City Code of Ordinance Chapter 39: Flood Damage Prevention Ordinance

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(9) Regulate or control filling, grading, clearing, dredging, paving, berming, or other earthwork which may increase stormwater runoff, change drainage patterns, or otherwise increase flood hazard, or damage; (10) Control development that is dangerous to health, safety, or property in times of flooding, or which cause increases in flood heights, velocities, or flow rates; (11) Require adequate maintenance by landowner of drainage facilities and watercourses such that they retain their capacity for conveying stormwater. ARTICLE 3. FLOODPLAIN RECLAMATION STANDARDS Sec. 39.049. Purpose, applicability, exceptions and coordination. (a) Purposes. (1) The purpose of this section is to specify standards and procedures for reclamation or alteration of floodplain land consistent with the city's objectives to maintain water quality, preserve natural areas and trees, assure the safety and welfare of its residents with respect to flood hazards, and to implement in part master plan policies relating to environmental quality and open space. (2) It is the intent of the city council that the requirements of this article comply with federal requirements pertaining to the Federal Emergency Management Agency's authority concerning flood hazards and the Corps of Engineer's jurisdiction over waters of the United States, including wetlands under Section 404 of the Clean Water Act. (3) It is the further intent of this article that development on floodplain land be integrated with the city's standards for preserving water quality and providing open space. (4) Land located within the floodplain may be reclaimed or altered for purposes of development only in accordance with the standards and procedures set forth in this article. (b) Applicability. The standards in this article apply whenever a property owner seeks to reclaim, excavate or otherwise alter land within the design floodplain of a waterway that has a contributing drainage area of 120 acres or more. For purposes of this article, any of the following activities constitute reclamation or alteration: (1) Filling in a floodplain; (2) Channelization, impoundment, realignment, deepening, or other modification of a drainage way;