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2010-02-04
CITY-OF-BATESVILLE
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2010-02-04
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• SECTION 6. FLOOD DAMAGE PREVENTION CODE ADOPTED BY REFERENCE. <br /> There is hereby adopted by reference a"Flood Damage Prevention Code for Batesville, <br /> Arkansas," dated February 23,2010. The code shall include: <br /> ARTICLE 1 DEFINITIONS <br /> ARTICLE 2 ADMINISTRATION <br /> ARTICLE 3 PROVISIONS FOR FLOOD HAZARD REDUCTION <br /> A copy of the referenced code shall be filed in the office of the City Clerk and shall be available <br /> for inspection and copying by any person during normal office hours. <br /> SECTION 7. ABROGATION AND GREATER RESTRICTIONS <br /> This ordinance does not repeal, abrogate, or impair any existing easements, covenants, or deed <br /> restrictions. Whenever there is a conflict or overlap between this ordinance and another <br /> ordinance, easement, covenant, or deed restriction, the instrument with the more stringent <br /> restrictions applies. <br /> SECTION 8. INTERPRETATION <br /> • In the interpretation and application of this ordinance, all provisions must: <br /> A. Be considered as minimum requirements; <br /> B. Be liberally construed in favor of the governing body; and <br /> C. Be deemed to neither limit nor repeal any other powers granted under State statutes. <br /> SECTION 9. WARNING AND DISCLAIMER OF LIABILITY <br /> The degree of flood protection required by this ordinance is considered reasonable for regulatory <br /> purposes. Documented scientific and engineering data form the basis for these requirements. On <br /> rare occasions, flooding events greater than those considered for this ordinance will occur. In <br /> addition, flood heights may increase over time due to man-made or natural causes. This <br /> ordinance does not imply that land outside Special Flood Hazard Areas will be free from <br /> flooding, nor that strict adherence to this ordinance protects uses permitted within Special Flood <br /> Hazard Areas from all flood damages. This ordinance specifically does not create liability on the <br /> part of the community,nor any official or employee of the community, for any flood damages <br /> that result while strictly following this ordinance, or from any lawful administrative decision <br /> made under the provisions of this ordinance. <br /> • <br /> 3 of 5 <br />
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