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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(5) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor of all new construction and substantial improvements, by requiring an elevation certificate sealed by a licensed professional; (6) Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved nonresidential structures in A -zones have been floodproofed by requiring an elevation certificate sealed by a licensed professional; (7) Provide interpretation as needed as to the exact location of the boundaries of the areas of special flood hazard and regulatory floodway (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The floodplain administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided for in this chapter; (8) Notify in riverine situations, adjacent communities, the Texas Water Development Board (TWDB) and the Texas Commission on Environmental Quality (TCEQ) prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency, and assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood -carrying capacity is not diminished; (9) When base flood elevation data or floodway data has not been provided in accordance with this chapter, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, in order to administer the provisions of this article; (10) Coordinate with other departments in the city to assure that the requirements of this chapter are fully met; (11)Participate actively in evaluating the variance requests and provide input and recommendations in variance hearings/proceedings; (12) Coordinate all change requests to the FIS and FIRM or FHBM, or both, with the requestor, state, and FEMA; (13) Submit new technical data. A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes by submitting technical or scientific data. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data. This submittal to FEMA shall be at the developer's, who is requesting the change, expense and at no cost to the city;