Ord 2020-087/amending Chapter 39 of the SM Code regarding Flood Damage Prevention by providing for enhances flood damage prevention and mitigation standards

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(2) "Flood Insurance Study for Caldwell County, Texas, Unincorporated Areas," dated December 30, 2020, with accompanying flood insurance rate maps and any revisions thereto; (3) "Flood Insurance Study for Guadalupe County, Texas, and Incorporated Areas," dated December 30, 2020, with accompanying flood insurance rate maps and any revisions thereto; (4) "Flood Insurance Study for Comal County. Texas, and Incorporated Areas," dated September 2, 2009, with accompanying flood insurance rate maps and any revisions thereto; are hereby adopted by reference and declared to be a part of this chapter.; and, (5) The "Working Flood Model" which shall be used to determine the current extents and elevation of the base flood during times of ongoing developments and pending map revisions. In the City of San Marcos, the Flood Insurance Rate Maps reflect the base flood limits as floodway._Any revision or amendment to the flood insurance study which is requested by a landowner in the city shall be submitted to the floodplain administrator. All requests for map amendment or map revision must be approved by the floodplain administrator in writing prior to their submission to FEMA. If modification of the base floodplain is proposed, an effective conditional letter of map amendment or conditional letter of map revision shall be on file with the floodplain administrator prior to any development. All submittals to FEMA shall be made at no cost to the city. No certificate of occupancy shall be issued for any structure until all data supporting that compliance with this Chapter has been submitted and approved by the floodplain administrator. Sec. 39.022. Establishment of floodplain development permit. A floodplain development permit is required for all proposed construction or other development within regulatory floodplains or other areas of flooding identified by the City of San Marcos to ensure conformance with the provisions of this chapter. Sec. 39.023. Compliance. No development shall hereafter occur without full compliance with the terms and provisions of this chapter and other applicable regulations including but not limited to Subpart B — Land Development Code regulations. Sec. 39.024. Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.