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06-A Adopting Model Flood Damage Prevention Ordinance
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06-A Adopting Model Flood Damage Prevention Ordinance
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Last modified
8/9/2007 11:03:22 AM
Creation date
8/9/2007 11:03:20 AM
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AGENDA
Item Number
06-A
AGENDA - Type
ORDINANCE
Description
Adopting a new Chapter 13 of Code of Ordinances - Model Flood Damage Prevention Ordinance (FEMA)
AGENDA - Date
8/13/2007
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<br />Sec. 13-10. Interpretation <br /> <br />In the interpretation and application of this Chapter, all provisions shall be: <br />(1) considered as minimum requirements; (2) liberally construed in favor of the <br />governing body; and (3) deemed neither to limit nor repeal any other powers granted <br />under State statutes. <br /> <br />Sec. 13-11. Warning and Disclaimer or Liability <br /> <br />The degree of flood protection required by this Chapter is considered <br />reasonable for regulatory purposes and is based on scientific and engineering <br />considerations. On rare occasions, greater floods can and will occur and flood <br />heights may be increased by man-made or natural causes. This Chapter does not <br />imply that land outside the areas of special flood hazards or uses permitted within <br />such areas will be free from flooding or flood damages. This Chapter shall not create <br />liability on the part of the city or any official or employee thereof for any flood <br />damages that result from reliance on this Chapter or any administrative decision <br />lawfully made hereunder. <br /> <br />ARTICLE 4. ADMINISTRATION <br /> <br />Sec. 13-12. Designation of the Floodplain Administrator <br /> <br />The Director of Community Development is hereby appointed the Floodplain <br />Administrator to administer and implement the provisions of this Chapter and other <br />appropriate sections of 44 CFR (Emergency Management and Assistance _ National <br />Flood Insurance Program Regulations) pertaining to floodplain management. <br /> <br />Sec. 13-13. Duties & Responsibilities of the Floodplain Administrator <br /> <br />Duties and responsibilities of the Floodplain Administrator shall include, but <br />not be limited to, the following: <br /> <br />(1 ) Maintain and hold open for public inspection all records pertaining to the <br />provisions of this Chapter. <br /> <br />(2) Review permit applications to determine whether to ensure that the <br />proposed building site project, including the placement of manufactured <br />homes, will be reasonably safe from flooding. <br /> <br />(3) Review, approve, or deny all applications for development permits <br />required by adoption of this Chapter. <br /> <br />(4) Review permits for proposed development to assure that all necessary <br />permits have been obtained from those Federal, State, or local governmental <br />agencies (including Section 404 of the Federal Water Pollution Control Act <br />Amendments of 1972, 33 V.S.C. 1334) from which prior approval is <br />required. <br /> <br />(5) Where interpretation is needed as to the exact location of the boundaries <br />of the areas of special flood hazards (for example, where there appears to be <br /> <br />Page 9 of 17 <br /> <br />u .._..._..... _"~'__'_..,~..__..._."..,_...___._..__..,__"_...____~.~ <br /> <br />_0........ __.__..._..__~~_____.___,,_._ ".. ____ <br />
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