(a) General. In this article where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
(b) Areas to which this floodplain management code applies. This floodplain management code will apply to all flood hazard areas within the Town, as established in § 4A-171(c) of this floodplain management code.
(c) Basis for establishing flood hazard areas. The Flood Insurance Study for Brevard County, Florida and Incorporated Areas dated March 17, 2014, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this code and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the office of the Town building official.
(d) Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to §§ 4A-188 through 4A-191 of this floodplain management code the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations:
(1) Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this floodplain management code and, as applicable, the requirements of the Florida Building Code.
(2) Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a letter of map change that removes the area from the special flood hazard area.
(e) Other laws. The provisions of this floodplain management code shall not be deemed to nullify any provisions of local, state or federal law.
(f) Abrogation and greater restrictions. This floodplain management code supersedes any code in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing code including but not limited to land development regulations, zoning code provisions, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this floodplain management code and any other code provisions, the more restrictive shall govern. This floodplain management code shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this article.
(g) Interpretation. In the interpretation and application of this code, 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.
(Ord. 2014-01, adopted 2-19-14; Am. Ord. 2017-05, adopted 12-20-17)