Article II — GENERAL PROVISIONS

This chapter shall apply to all areas of special flood hazards and areas of mudslide (i.e., mudflow) hazards within the jurisdiction of Fairfax.

(Prior Code, § 17.36.060) (Ord. 577, passed - -1988)

The area of special flood hazard and areas of mudslide (i.e., mudflow) hazards identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled “Flood Insurance Study for Town of Fairfax,” dated March, 1977, with an accompanying flood insurance rate map and flood boundary and floodway maps, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter as well as amendments thereto.

(Prior Code, § 17.36.070) (Ord. 577, passed - -1988; Am. Ord. 668, passed - -1997)

(A) No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations.

(B) Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor.

(C) Nothing herein shall prevent the Town Council from taking such lawful action as is necessary to prevent or remedy any violation.

(Prior Code, § 17.36.080) (Ord. 577, passed - -1988)

(A) This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions.

(B) 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, § 17.36.090) (Ord. 577, passed - -1988)

In the interpretation and application of this chapter, all provisions shall be:

• (A) Considered as minimum requirements;

• (B) Liberally construed in favor of the governing body; and

• (C) Deemed neither to limit nor repeal any other powers granted under state statutes.

(Prior Code, § 17.36.100) (Ord. 577, passed - -1988)

(A) The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations.

(B) Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes.

(C) (1) This chapter does not imply that land outside the area of special flood hazards and areas of mudslide (i.e., mudflow) hazards or uses permitted within such areas will be free from flooding or flood damages.

(2) This chapter shall not create liability on the part of the town, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Prior Code, § 17.36.110) (Ord. 577, passed - -1988)