This Section 11-1 shall apply to all areas of special flood
hazard within the jurisdiction of the Village of Bosque Farms.
The areas of special flood hazard are identified by the Federal
Emergency Management Agency in the current scientific and engineering
report entitled "The Flood Insurance Study (FIS) for Valencia County,
New Mexico," dated August 19, 2010, with accompanying Flood Insurance
Rate Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM),
Village of Bosque Farms No. 0350142, Panel 0230E of Map 35061C0230E.
A floodplain development permit shall be required to ensure conformance with the provisions of this Section 11-1 as per Section 10-1, Zoning, §
10-1-18, of the Village Code.
No structure or land shall hereafter be located, altered, or
have its use changed without full compliance with the terms of this
Section 11-1 and other applicable regulations.
This Section 11-1 is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this Section 11-1 and another ordinance, easement, covenant,
or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
In the interpretation and application of this Section 11-1,
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.
The degree of flood protection required by this Section 11-1
is considered reasonable for regulatory purposes and is based on scientific
and engineering considerations. On rare occasions greater floods can
and will occur and flood heights may be increased by man-made or natural
causes. This Section 11-1 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 Section 11-1 shall not create
liability on the part of the community or any official or employee
thereof for any flood damages that result from reliance on this Section
11-1 or any administrative decision lawfully made hereunder.