A. Scope: This chapter applies to all developments within the corporate limits of the Village or seeking annexation into the Village. When a development to which this chapter applies occurs within an area that is subject to another governmental entity's jurisdiction and that governmental entity has a stormwater management ordinance or regulation, the more restrictive shall apply.
B. Exemptions: This chapter does not apply to developments that have been permitted.
C. Interpretation:
1. This chapter shall be liberally construed to protect the health, welfare, safety, and the environment of the residents of the Village and to effectuate the purposes of this chapter and the enabling legislation.
2. Nothing in this chapter shall be deemed to consent to, license, permit to locate, construct or maintain any structure, site, facility, or operation, or to carry on any trade, industry occupation, or activity.
3. When provisions of this chapter differ from any other applicable law, statute, ordinance, rule, or regulation, the more stringent provision shall apply.
4. The provisions of this chapter are cumulative of all other laws, statutes, ordinances, rules and regulations which relate to the subject matter hereof and, except as otherwise expressly provided herein, nothing in this chapter shall be construed as a limitation upon the application or enforcement of any such law, statute, ordinance, rule, or regulation. To the greatest extent possible, the provisions of this chapter shall be construed to be consistent with the provisions of such other laws, statutes, ordinances, rules, or regulations, and with each other, to the end that all such provisions may be given their fullest application.
D. Warning And Disclaimer Of Liability:
1. The degree of flood protection provided by this chapter is considered reasonable for regulatory purposes and is based upon engineering experience and scientific methods of study. Increased flooding may result from causes beyond the control of any governmental authority. This chapter does not, therefore, guarantee that areas outside the floodplain of permitted land uses within the floodplain will be free from flooding and associated damages.
2. Nothing in this chapter shall be construed or applied in any manner to create liability on the part of or a cause of action against the Village, or any elected official, or any officer, agent, employee of any of the foregoing, or any qualified engineer review specialist or qualified wetland specialist for any flood damage resulting from reliance on the provisions of this chapter.
E. Severability: The provisions of this chapter shall be severable in accordance with the following rules:
1. If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter.
2. If any court of competent jurisdiction shall adjudge to be invalid the application of any provision of this chapter to a particular parcel of land, a particular structure, or a particular development, such judgment shall not affect the application of said provision to any other land, structure, or development. (Ord. 2015-17, 8-3-2015)