(A) Lands to which this chapter applies. This chapter shall apply to all special flood hazard areas within the jurisdiction, including any extra-territorial jurisdictions (ETJs), of the town and within the jurisdiction of any other community whose governing body agrees, by resolution, to such applicability.
(B) Basis for establishing the special flood hazard areas. The special flood hazard areas are those identified under the Cooperating Technical State (CTS) agreement between the state and FEMA in its flood insurance study (FIS) for Polk County dated September 3, 2008 and its accompanying Flood Insurance Rate Map Panels (0535J, 0536J, 0545J, and 0546J), which are adopted by reference and declared to be a part of this chapter.
(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 within special flood hazard areas determined in accordance with the provisions of division (B) above.
(D) Compliance. No structure or land shall hereafter be located, extended, converted, altered or developed in any way 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) 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.
(G) 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 consideration. Larger floods can and will occur. Actual 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 those areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the town or by any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(Ord. 2008-09, passed 7-17-2008; Ord. 2009-01, passed 2-17-2009)