CHAPTER 153: FLOODPLAIN MANAGEMENT
Section
General Provisions
   153.01   Statutory authorization
   153.02   Findings of fact
   153.03   Statement of purpose
   153.04   Designation of current FHBM/FIRM
   153.05   Abrogation and greater restrictions
   153.06   Interpretation
   153.07   Warning and disclaimer of liability
   153.08   Severability
   153.09   Conflicting ordinances or resolutions
   153.10   Definitions
Administration and Enforcement
   153.25   Local administrator; responsibilities
   153.26   Permits required
   153.27   Development permit applications; review
   153.28   All applications; review
   153.29   Subdivision applications
   153.30   Variance procedures
   153.31   Appeal
Flood Hazard Reduction
   153.45   Water and sewage systems
   153.46   Storage of material and equipment
   153.47   Flood-carrying capacity within any watercourse
   153.48   Non-conforming use
 
   153.99   Penalty
GENERAL PROVISIONS
§ 153.01 STATUTORY AUTHORIZATION.
   The legislature of the state has, in Neb. RS 31-1001 to 31-1022, assigned the responsibility to local governmental units to adopt floodplain management regulations designed to protect the public health, safety and general welfare. Therefore, the Board of Trustees of the village ordains as follows.
(Ord. 64, passed 11-9-2005)
§ 153.02 FINDINGS OF FACT.
   (A)   Flood losses resulting from periodic inundation. The flood hazard areas of the village are subject to occasional inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base all of which adversely affect the public health, safety and general welfare.
   (B)   General causes of the flood losses. These flood losses are caused by:
      (1)   The cumulative effect of obstructions in floodplains causing increases in flood heights and velocities; or
      (2)   The occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others, which are inadequately elevated or otherwise unprotected from flood damages.
(Ord. 64, passed 11-9-2005)
§ 153.03 STATEMENT OF PURPOSE.
   It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize those losses described in § 153.02(B) of this chapter by applying the provisions of this chapter to:
   (A)   Restrict or prohibit uses which are dangerous to health, safety or property in times of flooding or cause undue increases in flood heights or velocities;
   (B)   Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction;
   (C)   Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard; and
   (D)   Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance Program.
(Ord. 64, passed 11-9-2005)
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