(A) Lands to which this chapter applies. This chapter shall apply to all SFHAs and known floodprone areas within the jurisdiction of the town.
(B) Basis for establishing regulatory flood data. This chapter’s protection standard is the regulatory flood. The best available regulatory flood data is listed below. Whenever a party disagrees with the best available data, the party submitting the detailed engineering study needs to replace existing data with better data and submit it to the State Department of Natural Resources for review and approval.
(1) The regulatory flood elevation, floodway and fringe limits for the studied SFHAs within the jurisdiction of the town shall be as delineated on the 1% annual chance flood profiles in the flood insurance study of the county and incorporated areas dated February 6, 2013 and the corresponding flood insurance rate map prepared by the Federal Emergency Management Agency and dated February 6, 2013.
(2) The regulatory flood elevation, floodway and fringe limits for each of the SFHAs within the jurisdiction of town, delineated as an “A Zone” on the county and incorporated areas flood insurance rate map prepared by the Federal Emergency Management Agency and dated February 6, 2013, shall be according to the best data available as provided by the State Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile.
(3) In the absence of a published FEMA map, or absence of identification on a FEMA map, the regulatory flood elevation, floodway and fringe limits of any watercourse in the community’s known floodprone areas shall be according to the best data available as provided by the State Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile.
(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 in areas of special flood hazard.
(D) Compliance. No structure shall hereafter be located, extended, converted or structurally altered within the SFHA without full compliance with the terms of this chapter and other applicable regulations. No land or stream within the SFHA shall hereafter be altered 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) Discrepancy between mapped floodplain and actual ground elevations.
(1) In cases where there is a discrepancy between the mapped floodplain (SFHA) on the FIRM and the actual ground elevations, the elevation provided on the profiles shall govern.
(2) If the elevation of the site in question is below the base flood elevation, that site shall be included in the SFHA and regulated accordingly.
(3) If the elevation (natural grade) of the site in question is above the base flood elevation, that site shall be considered outside the SFHA and the floodplain regulations will not be applied. The property owner should be advised to apply for a LOMA.
(G) 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.
(H) Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this chapter does not create any liability on the part of the town, the State Department of Natural Resources or the state for any flood damage that results from reliance on this chapter or any administrative decision made lawfully thereunder.
(I) Increased cost of compliance (ICC). In order for buildings to qualify for a claim payment under ICC coverage as a “repetitive loss structure,” the National Reform Act of 1994, being 42 U.S.C. 4001 et seq. requires that the building be covered by a contract for flood insurance and incur flood-related damages on two occasions during a ten-year period ending on the date of the event for which the second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25% of the market value of the building at the time of each such flood event.
(Prior Code, § 92.03)