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§ 151.09  ABROGATION AND GREATER RESTRICTIONS.
   (A)   This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions.
   (B)   However, where this chapter and another ordinance conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. passed 6-6-2005)
§ 151.10  INTERPRETATION.
   In the interpretation and application of this chapter, all provisions shall be:
   (A)   Considered as minimum requirements;
   (B)   Liberally construed in favor of the governing body; and
   (C)   Deemed neither to limit, nor repeal, any other powers granted under state statutes.
(Ord. passed 6-6-2005)
§ 151.11  WARNING AND DISCLAIMER OF LIABILITY.
   (A)   The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by human-made or natural causes.
   (B)   This chapter does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the town or by any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(Ord. passed 6-6-2005)
FLOOD HAZARD REDUCTION
§ 151.25  GENERAL STANDARDS.
   In all special flood hazard areas, the following provisions are required.
   (A)   All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
   (B)   All new construction and substantial improvements below the regulatory flood protection elevation shall be constructed with materials and utility equipment resistant to flood damage.
   (C)   All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damages.
   (D)   (1)   Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
      (2)   These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, appliances (washers, dryers, refrigerators, freezers and the like), hot water heaters and electric outlets/switches.
   (E)   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
   (F)   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
   (G)   On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
   (H)   Any alteration, repair, reconstruction or improvements to a structure, which is in compliance with the provisions of this chapter, shall meet the requirements of “new construction” as contained in this chapter.
   (I)   Nothing in this chapter shall prevent the repair, reconstruction or replacement of a building or structure existing on the effective date of this chapter, and located totally or partially within the floodway, non-encroachment area or stream setback; provided that, the bulk of the building or structure below the regulatory flood protection elevation in the floodway, non-encroachment area or stream setback is not increased; and, provided that, such repair, reconstruction or replacement meets all of the other requirements of this chapter.
   (J)    A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a special flood hazard area only if the structure or tank is either elevated or flood- proofed to at least the regulatory flood protection elevation and certified according to § 151.41(D) of this chapter.
   (K)   The establishment of new solid waste disposal facilities, hazardous waste management facilities, salvage yards and chemical storage facilities is not subject to the variance procedures of this chapter.
 
   (L)   All development proposals shall be consistent with the need to minimize flood damage.
   (M) All development proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
   (N)   All development proposals shall have adequate drainage provided to reduce exposure to flood hazards.
(Ord. passed 6-6-2005)
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