(A) Lands to which this subchapter applies. This subchapter shall apply to all special flood hazard areas and to all areas bounded by flood of record contours within the jurisdiction, including extra-territorial jurisdictions (ETJs) if applicable, of the town, and within the jurisdiction of any other community whose governing body agrees, by resolution, to such applicability.
(B) Basis for establishing the special flood hazard areas. The special flood hazard areas are those identified under the Cooperating Technical State (CTS) Agreement between the state and FEMA in its Flood Insurance Study (FIS) and its accompanying flood insurance rate maps (FIRM), for the county dated October 17, 2006, which are adopted by reference and declared to be a part of this chapter. The “Flood of Record Contours” are those identified by the county in its Flood of Record Contour Map(s) dated October 17, 2006, which with accompanying supporting data, and any revision thereto, are adopted by reference and declared to be a part of this subchapter.
(C) Establishment of floodplain development permit. A floodplain development permit shall be required in conformance with the provisions of this subchapter prior to the commencement of any development activities within special flood hazard areas determined in accordance with division (B) above.
(D) Compliance. No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance with the terms of this subchapter and other applicable regulations.
(E) Abrogation and greater restrictions. This subchapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions; however, where this subchapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(F) Interpretation. In the interpretation and application of this subchapter, 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 of liability. 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. This subchapter 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 subchapter 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 subchapter or any administrative decision lawfully made hereunder.
(Ord. passed 12-20-2001) Penalty, see § 152.999