(A) Lands to which this title applies. The title shall apply to all flood-prone areas within the jurisdiction of the town.
(Prior Code, § 11.03.010)
(B) Basis for establishing the areas of special flood hazard.
(1) The Department of Homeland Security’s Federal Emergency Management Agency (FEMA) has completed a re-evaluation of flood hazards in the town and produced a flood insurance study (FIS) report and flood insurance rate map (FIRM) for the county and incorporated areas. The FIRM and FIS report for the county which included the town show no known special flood hazard areas to exist within the corporate limits of the town. Special flood hazard areas are areas subject to inundation by a flood having a 1% chance of being equaled or exceeded in any given year (base flood). The base flood is the national standard on which the flood insurance and floodplain management requirements of the National Flood Insurance Program (NFIP) are based.
(2) Since areas of special flood hazard have not been identified, water surface elevations have not been provided, nor has sufficient data identifying the floodway been provided by any source, the town obtained, reviewed and reasonably utilized data available from federal, state and other sources.
(3) The town considers the potential area of special flood hazard as occurring within Alluvial Fan Flood Overlay areas.
(4) Land features within the Alluvial Fan Flood Overlay areas that the town recognizes to have a greater potential of becoming floodways include these features and nearby areas:
(a) The natural channels of the north, middle and south branches of Cedar Creek;
(b) The natural and artificial channels of Prater and Green Creeks; and
(c) Traces of abandoned drainageways of Cedar Creek.
(Prior Code, § 11.03.020)
(C) Compliance. No structure or land shall hereafter be altered or have its use changed without compliance with the terms of this title and other applicable regulations.
(Prior Code, § 11.03.030)
(D) Abrogation and greater restrictions. This title is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Prior Code, § 11.03.040) (Ord. 2011-09, passed 1-1-2012)
(E) Interpretation. In the interpretation and application of this title, 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.
(Prior Code, § 11.03.050)
(F) Warning and disclaimer or liability. The degree of flood protection required by this title is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by human-made or natural causes. This title does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This title shall not create liability on the part of the town or any official or employee thereof for any flood damages that result from reliance on this title or any administrative decision lawfully made thereunder.
(Prior Code, § 11.03.060) (Ord. 2011-09, passed 1-1-2012)