(A) Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the town.
(B) Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled Flood Insurance Study for Custer County and Incorporated Areas, dated January 6, 2012, with accompanying flood insurance rate maps (FIRM) dated January 6, 2012 and any revisions thereto are hereby adopted by reference and declared to be a part of this chapter.
(C) Establishment of development permit. A development permit shall be required to ensure conformance with the provisions of this chapter.
(D) Compliance. No structure or land shall hereafter be located, altered or have its use changed 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 ordinance, easement, covenant or deed restriction 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 or liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by human-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within the areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(Ord. 10.03R, passed 11-15-2011)