(a) Lands to Which This Chapter Applies. The Floodplain District shall apply to all areas of special flood hazard within the jurisdiction of the Municipality as identified by the Federal Emergency Management Agency (FEMA) or the U.S. Department of Housing and Urban Development (HUD) referenced in Section 1161.02 (b), including any additional areas of special flood hazard annexed by the Municipality.
(b) Basis For Establishing The Areas of Special Flood Hazard. The areas of special flood hazard have been identified by the Federal Emergency Management Agency in the Flood Insurance Rate Map dated June 4, 1987. The map (and any revisions thereto) is hereby adopted by reference and declared to be a part of this Chapter. The Flood Insurance Rate Map is on file at 211 North Jonesville Street, Montpelier, Ohio.
(c) Compliance. No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of this Chapter and all other applicable regulations which apply to uses within the jurisdiction of this chapter, unless specifically exempted from filing for a development permit as stated in Section 1161.03(b), EXEMPTION FROM FILING A DEVELOPMENT PERMIT.
(d) 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 chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(e) 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. Where a provision of this chapter may be in conflict with a state law, such state law shall take precedence over this Chapter.
(f) Warning And Disclaimer of Liability. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This Chapter shall not create liability on the part of any officer or employee thereof, or FEMA for any flood damage that results from reliance on this chapter or any administrative decision lawfully made thereunder.
(g) Violations And Penalties. Violation of the provisions of this Chapter or failure to comply with any of its requirements shall constitute a misdemeanor of the second degree. Any person who violates this Chapter or fails to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall upon conviction thereof be fined or imprisoned as provided by the laws of the Municipality. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Municipality from taking such other lawful action as is necessary to prevent or remedy any violation. The Municipality shall prosecute any violation of this Chapter in accordance with the penalties stated herein.
(h) Severability. Should any section or provision of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Chapter as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 1166. Passed 9-24-01.)