Article 2 — Applications

This chapter applies to all areas of special flood hazards within the jurisdiction of the City of Lafayette, California.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study—City of Lafayette, California, Contra Costa County," (FIS) dated July 2, 1987, and accompanying flood insurance rate map (FIRMs) and flood boundary and floodway maps (FBFMs), dated July 25, 1988, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator. The flood insurance study, FIRMs and FBFMs are on file at the city office, 3675 Mt. Diablo Blvd., Suite 210, Lafayette, CA 94549.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

No structure shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations and federal and state laws. 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. Nothing herein shall prevent the city council of the city from taking such lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

This chapter is not intended to repeal, abrogate or impair existing easements, covenants or deed restrictions. However, where this chapter and other ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

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.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter 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 chapter shall not create liability on the part of the city of Lafayette, any officer or employee thereof, the state of California, or the Federal Insurance Administration, Federal Emergency Management Agency for flood damage that results from reliance on this chapter or an administrative decision lawfully made hereunder.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)

This chapter and the various parts thereof are declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. No. 684, § 2(Exh. 2), 4-10-2023)