§ 70-157. General provisions.

(a)

Lands to which this article applies. This article shall apply to all areas of special flood hazard within the jurisdiction of the town.

(b)

Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in the flood insurance study (FIS) for the county, dated September 25, 2009, with the accompanying maps and other supporting data, and any subsequent revisions thereto, are adopted by reference and declared to be a part of this article. The flood insurance study and flood insurance rate map are on file at the town hall.

(c)

Designation of floodplain administrator. The town commission hereby appoints the planning director to administer and implement the provisions of this article and is herein referred to as the floodplain administrator.

(d)

Establishment of development permit. A development permit shall be required in conformance with the provisions of this article prior to the commencement of any development activities.

(e)

Compliance. No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this article and other applicable regulations.

(f)

Abrogation and greater restrictions. This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(g)

Interpretation. In the interpretation and application of this article all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the town commission; and

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(h)

Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This article 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 damages. This article shall not create liability on the part of the town commission of the town or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

(i)

Penalties for violation. Violation of the provisions of this article or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall be punishable for a noncriminal violation. Any person who violates this article or fails to comply with any of its requirements shall, upon adjudication therefore, be fined not more than $500.00, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the floodplain administrator from taking such other lawful actions as are necessary to prevent or remedy any violation.

(Code 1999, § 78-192; Ord. No. 2009-04, art. I, 12-8-2009)