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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water, maximum slopes of filled area shall not exceed four feet horizontal to one foot vertical. (2) Soil retention blankets must be installed on all fill slopes to promote the revegetation of the slope. (b) Rock gabion construction, decorative stone faced reinforced concrete rip -rap or an approved equal erosion protection measure is required on slopes steeper than 3:1. (c) Vertical walls, terracing and other slope treatments will be considered only as 1) part of a landscaping plan submission, and 2) if no unbalancing of stream flow results. (d) Grass cover is required for all cut and fill slopes 3:1 or flatter. Fill slopes shall be seeded with at least three herbaceous species including grasses, legumes, and wild flowers, selected from the following list. A minimum of three of the species from the plant list in the Technical Manual for this Section shall be used, one of which must be a flowering species. Sec. 39.054. Mitigation plans. The mitigation plan for reclamation or alteration of a buffer zone or other floodplain area may provide for restoration, creation, enhancement, or preservation of aquatic habitats to ensure that activities result in minimal adverse effects to the aquatic environment. The mitigation plan may, but need not be, the same as a mitigation plan required for obtaining a Section 404 permit. SECTION 2. In codifying the changes authorized by this ordinance, paragraphs, sections and subsections may be renumbered and reformatted as appropriate consistent with the numbering and formatting of the San Marcos City Code. SECTION 3. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 4. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 5. This ordinance will take effect after its passage, approval and adoption on second reading. PASSED AND APPROVED on first reading on December 2, 2020. PASSED, APPROVED AND ADOPTED on second reading on December 15, 2020.