(A) Lands to which this chapter applies. This chapter shall apply to all SFHAs within the jurisdiction of the town.
(B) Basis for establishing regulatory flood data. This chapter’s protection standard is the regulatory flood. The best available regulatory flood data is listed below. Whenever a party disagrees with the best available data, the party submitting the detailed engineering study needs to replace existing data with better data and submit it to the State Department of Natural Resources for review and approval.
(1) The regulatory flood elevation, floodway and fringe limits for the studied SFHAs of the town shall be as delineated on the 100-year flood profiles in the “Flood Insurance Study of Johnson County and Incorporated Areas”, dated August 2, 2007 and the corresponding FIRM dated August 2, 2007, as well as any future updates, amendments or revisions, prepared by the Federal Emergency Management Agency with the most recent date.
(2) The regulatory flood elevation, floodway and fringe limits for each of the unstudied SFHAs of the town delineated as an “A Zone” on the FIRM of the county and incorporated areas shall be according to the best data available as provided by the State Department of Natural Resources.
(C) Establishment of floodplain development permit. A floodplain development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities in areas of special flood hazard.
(D) Compliance. No structure shall hereafter be located, extended, converted or structurally altered within the SFHA without full compliance with the terms of this chapter and other applicable regulations. No land or stream within the SFHA shall hereafter be altered without full compliance with the terms of this chapter and other applicable regulations.
(E) Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(F) Discrepancy between mapped floodplain and actual ground elevations.
(1) In cases where there is a discrepancy between the mapped floodplain (SFHA) on the FIRM and the actual ground elevations, the elevation provided on the profiles shall govern.
(2) If the elevation of the site in question is below the base flood elevation, that site shall be included in the SFHA and regulated accordingly.
(3) If the elevation (natural grade) of the site in question is above the base flood elevation, that site shall be considered outside the SFHA and the floodplain regulations will not be applied. The property owner should be advised to apply for a LOMA.
(G) Interpretation. In the interpretation and application of this chapter all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
(H) Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this chapter does not create any liability on the part of the town, the State Department of Natural Resources, or the state, for any flood damage that results from reliance on this chapter or any administrative decision made lawfully thereunder.
(Ord. 2007-16, passed 7-10-2007)