(a) Lands to Which This Chapter Applies. This chapter shall apply to all special flood hazard areas within the jurisdiction of the Village as identified by the Section 1353.03(b) including any additional special flood hazard areas annexed by the Village.
(Ord. 2005-22. Passed 4-11-05.)
(Ord. 2005-22. Passed 4-11-05.)
(b) Basis for Establishing the Special Flood Hazard Areas. For the purposes of these regulations, the following studies and/or maps are adopted:
(1) Flood Insurance Study Cuyahoga County, Ohio and Incorporated Areas and Flood Insurance Rate Map Cuyahoga County, Ohio and Incorporated Area, prepared by the Federal Emergency Management Agency, effective December 3, 2010.
(2) Other studies and/or maps which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard.
(3) Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio, which has been approved by the Village, as required by Section 1353.06(a)(4) Subdivision Proposals.
Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at 21 West Washington Street, Chagrin Falls, Ohio.
(Ord. 2010-45. Passed 9-13-10.)
(Ord. 2010-45. Passed 9-13-10.)
(c) Compliance. Unless specifically exempted from filing for a development permit as stated in Section 1353.04(b), no structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of this chapter and all other applicable regulations which apply to uses within the jurisdiction of this chapter.
(d) 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 ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(e) 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. Where a provision of this chapter may be in conflict with a State law, such State law shall take precedence over the chapter.
(f) Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Village, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made there under.
(g) Severability. Should any section or provision of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. (Ord. 2005-22. Passed 4-11-05.)