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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Management Agency (FEMA), which shall apply to requirements of this article on the effective date of such documents. (3) This article is also applicable within the city's extraterritorial jurisdiction (ETJ) when not regulated solely by the respective county per an active interlocal agreement. For land in the city's ETJ, the areas of special flood hazard shall be those identified in the latest flood insurance study or LOMR issued by FEMA, which shall apply to requirements of this article on the effective date of such documents. Sec. 39.012. Findings of fact. As a part of these provisions, the city finds that: (1) The special flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are the result of the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of special flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed, or otherwise protected from flood damage. (3) The city, in an attempt to require the development of property in such a way as to not cause adverse impact from stormwater and flooding, has caused this article to be enacted. Sec. 39.013. Statement of purpose. It is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions by provisions designed to: (1) Protect human life and health; (2) Maximize the cost effectiveness of expenditures of public money for flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions;