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Amending Chapter 21 Article 12 Floodplain Regulations, in order to Adopt the Most Recent Federal and State Requirements
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Amending Chapter 21 Article 12 Floodplain Regulations, in order to Adopt the Most Recent Federal and State Requirements
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12/2/2015 12:17:21 PM
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12/2/2015 12:17:09 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
11/23/2015
Ord-Res Number
10405-15
Bill Number
70-15
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(D) Upon issuance of a Letter of Final Determination (LFD), any more restrictive <br /> data in the new(not yet effective)mapping/study shall be utilized for <br /> permitting and construction(development)purposes, replacing all previously <br /> effective less restrictive flood hazard data provided by FEMA. <br /> (3) Establishment of Floodplain Development Permit. A Floodplain Development <br /> Permit shall be required in conformance with the provisions of this Article prior to <br /> the commencement of any development activities in areas of special flood hazard. <br /> (4) Compliance. No structure shall hereafter be located,extended, converted or <br /> structurally altered within the SFHA without full compliance with the terms of this <br /> Article and other applicable regulations. No land or stream within the SFHA shall <br /> hereafter be altered without full compliance with the terms of this Article and other <br /> applicable regulations. <br /> (5) Abrogation and Greater Restrictions. This Article is not intended to repeal, <br /> abrogate, or impair any existing easements, covenants, or deed restrictions. <br /> However, where this Article and another conflict or overlap, whichever imposes the <br /> more stringent restrictions shall prevail. <br /> (6) Discrepancy between Mapped Floodplain and Actual Ground Elevations. <br /> (A) In cases where there is a discrepancy between the mapped floodplain (SFHA) <br /> on the FIRM and the actual ground elevations, the elevation provided on the <br /> profiles shall govern. <br /> (B) If the elevation of the site in question is below the base flood elevation, that <br /> site shall be included in the SFHA and regulated accordingly. <br /> (C) If the elevation(natural grade)of the site in question is above the base flood <br /> elevation and not located within the floodway,that site shall be considered <br /> outside the SFHA and the floodplain regulations will not be applied. The <br /> property owner shall be advised to apply for a LOMA. <br /> (7) Interpretation. In the interpretation and application of this Article all provisions <br /> shall be: <br /> (A) Considered as minimum requirements; <br /> (B) Liberally construed in favor of the governing body; and, <br /> (C) Deemed neither to limit nor repeal any other powers granted under state <br /> statutes. <br /> (8) Warning and Disclaimer of Liability. The degree of flood protection required by <br /> this Article is considered reasonable for regulatory purposes and is based on <br />
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