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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Sec. 39.025. Interpretation. In the interpretation and application of this chapter all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the city; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. Sec. 39.026. Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods have occurred and will occur again. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city or any official or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. Sec. 39.027. Designation of floodplain administrator. The director shall appoint a floodplain administrator to administer and implement the provisions of this chapter. Sec. 39.028. Duties and responsibilities of the floodplain administrator. Duties and responsibilities of the floodplain administrator include: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this chapter unless protected from disclosure by law; (2) Review, approve or deny all applications for floodplain development permits; (3) Review permits for proposed development to assure that the developer has obtained all necessary permits from those federal, state or local government agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. Developer will submit documentation of those necessary permits to the city and such documentation is to be maintained on file with the floodplain development permit; (4) Review reports, studies, plans and specifications for compliance with the requirements of this article;