This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Town of Newtown.
The areas of special flood hazard identified by the Federal
Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS)
for Fairfield County, Connecticut, dated June 18, 2010, and accompanying
Flood Insurance Rate Maps (FIRMs), dated June 18, 2010, and other
supporting data applicable to the Town of Newtown, and any subsequent
revisions thereto, are adopted by reference and declared to be a part
of this chapter. Since mapping is legally adopted by reference into
this chapter it must take precedence when more restrictive until such
time as a map amendment or map revision is obtained from FEMA. The
areas of special flood hazard include any area shown on the FIRM as
Zones A and AE, including areas designated as a floodway on a FIRM.
Areas of special flood hazard are determined utilizing the base flood
elevations (BFE) provided on the flood profiles in the FIS for a community.
BFEs provided on a FIRM are only approximate (rounded up or down)
and should be verified with the BFEs published in the FIS for a specific
location.
A flood hazard development permit shall be required in conformance
with the provisions of this chapter prior to the commencement of any
development activities.
No structure or land shall hereafter be located, extended, converted
or structurally altered without full compliance with the terms of
this chapter and other applicable regulations.
This chapter is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this chapter and another conflict or overlap, whichever imposes
the more stringent restrictions shall prevail.
In the interpretation and application of this chapter all provisions
shall be:
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 man-made or natural causes.
This chapter does not imply that land outside the areas of special
flood hazard 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 Town of Newtown or by any officer or employee thereof
for any flood damages that result from reliance on this chapter or
any administrative decision lawfully made thereunder.
