Ord 2012-029 - Laserfiche WebLink

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Any revision or amendment to the flood insurance study which is requested by a landowner in the city shall be submitted to the Floodplain Administrator. All requests for map amendment or map revision must be approved by the Floodplain Administrator in writing prior to their submission to FEMA. If modification of any watercourse is involved an effective conditional letter of map amendment or conditional letter of map revision shall be on file with the Floodplain Administrator prior to any development. All submittals to FEMA shall be made at no cost to the city. No certificate of occupancy shall be issued for any structure whose construction required the revision or amendment of the flood insurance study until data supporting the revision has been submitted to the Floodplain Administrator. Sec. 39.022. Establishment of Floodplain Development Permit. A Floodplain Development Permit is required for all proposed construction or other development within regulatory floodplains or other areas of flooding identified by the City of San Marcos to ensure conformance with the provisions of this Article. Sec. 39.023. Compliance. No development shall hereafter occur without full compliance with the terms and provisions of this Article and other applicable regulations. Sec. 39.024. Abrogation and greater restrictions. This Article is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this Article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Sec. 39.025. Interpretation. In the interpretation and application of this Article 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 Article is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by man -made or natural causes. This Article 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 Article 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. 11