(A) Subject to flooding. The flood hazard areas of the city are subject to periodic inundation which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief all of which adversely affect the public health, safety, and general welfare.
(B) Causes of flood losses. The flood losses may be caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately flood-proofed, elevated, or otherwise protected from flood damage also contribute to the flood loss.
(C) Methods and provisions. In order to accomplish its purposes, this subchapter includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards or which result in damaging increased erosion or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, to be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers which help accommodate or channel flood waters;
(4) Controlling the filling, grading, dredging, and other development which may increase flood damage; and
(5) Preventing or regulating the construction of flood barrier which will unnaturally divert flood waters or which may increase flood hazards in other areas.
(D) Lands to which this subchapter applies. This subchapter shall apply to all areas of special flood hazards within the corporate limits of the city.
(E) Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for the City of Flandreau, South Dakota,” dated July 16, 1980, with the accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps is hereby adopted by reference and declared to be a part of this subchapter. The Flood Insurance Study is on file in the office of the City Finance Officer.
(F) Abrogation and greater restrictions. This subchapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and any ordinances, easements, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(G) Interpretation. In the interpretation and application of this subchapter, 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 subchapter 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 human-made or natural causes. This subchapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This subchapter shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this subchapter or any administrative decision lawfully made thereunder.
(Ord. passed - - 2006)