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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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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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3/19/2021 11:42:15 AM
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1/20/2021 2:26:03 PM
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City Clerk - Document
Ordinances
City Clerk - Type
Amending
Number
2020-87
Date
12/15/2020
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The relationship of the proposed use to the comprehensive plan for that area; <br />and <br />k. The requirements of FEMA as a part of the National Flood Insurance <br />Program. <br />(3) Construction: Upon placement of the lowest floor, or flood proofing by whatever <br />construction means, the permit holder must submit to the floodplain administrator <br />a certification of the elevation of the lowest floor or flood proofed elevation, as <br />built, in relation to mean sea level. Certification must be prepared by or under the <br />direct supervision of a registered land surveyor or professional engineer who is <br />authorized to certify such information in the state, and certified by same. Any <br />work undertaken prior to submission of the certification will be at the permit <br />holder's risk. <br />The floodplain administrator will review the lowest floor elevation and flood <br />proofing certificate. If these documents or any other construction activities do not <br />conform to the requirements of this chapter, the permit holder must immediately <br />cease further work, and correct any deficiencies. Failure of the permit holder to <br />submit the surveyed lowest floor elevation, flood proofing certificate or failure to <br />correct any deficiencies will result in a stop -work order for the project. <br />(4) Revocation of permit. The floodplain administrator may revoke a floodplain <br />development permit or approval issued under the provisions of this chapter or <br />other ordinance of the city when the applicant has provided information that is <br />inaccurate or no longer valid or made a false statement or misrepresentation of a <br />material fact in the application or plans upon which the permit or approval was <br />based. <br />(5) Expiration. A floodplain development permit issued under this chapter shall <br />expire one year from the date of approval if construction has not commenced, or <br />two years from the date of approval, if construction has not been completed. <br />Sec. 39.030. Variance and appeal procedures. <br />(1) The planning and zoning commission will hear and decide requests for variances from <br />the requirements of this chapter. The variance shall be supported by a statement of <br />justification prepared by a registered professional engineer licensed in the State of <br />Texas. <br />(2) The director will hear and decide appeals only when it is alleged that an error in any <br />requirement, decision, or determination is made by the floodplain administrator in the <br />enforcement or administration of this chapter. <br />
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