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1979_Ordinances
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M <br />Section 31-124. Warning and disclaimer of liability. <br />•(a) Neither Tthe granting of approval of any structure or use nor the <br />determination of any boundary or flood level as required by this article <br />shall net constitute a representation, guarantee or warranty of any kind or <br />nature by the city or the planning commission or by an officer or employee <br />thereof, of the practicality or safety of any structure or use proposed and <br />shall create no liability upon or cause action against such public body, <br />officer, or employee for any damage that may result pursuant thereto. <br />(b) The degree of flood protection required by this article within the <br />FP District is considered reasonable for regulatory purposes and is based <br />on engineering and scientific methods of study. The district and article do <br />not imply that areas outside the Flood Plain District or land uses permitted <br />within such districts will be free from flooding or flood damge. Nothing <br />contained herein shall create any liability on the part of the city or any <br />officer, agency or employee thereof for any flood damage that results from <br />reliance on this article or any administrative decision lawfully made here- <br />under. <br />Division 4. Procedural Matters. <br />Section 31-124.1. Initial determination of boundaries. <br />owner or contract purchaser <br />ithin the FP District who <br />• proposes to develop such property may apply to the city engineer for an <br />initial determination of the boundaries of the 100 year flood plain and <br />floodway in relation to such property. In the case of properties for which <br />definite 100 year flood plain and floodway boundaries are established by <br />the maps and studies incorporated by reference in Section 31-117, the city <br />engineer shall locate and establish such boundaries in the field, by <br />reference to such maps and studies. In the case of properties designated on <br />such maps as being within the approximated flood plain, the city engineer <br />shall determine and establish in the field the elevations of the flood plain <br />and floodway boundaries, as related to mean sea level by reference to U. S. <br />Army Corps of Engineers' report, U. S. Geological Surveys, U. S. D. A. <br />Soil Conservation Service flood hazard analyses, known highwater marks from <br />past floods, or other reliable data, utilizing generally accepted hydrologic <br />and hydraulic engineering practices. <br />The boundaries so determined may thereafter be utilized in preparation <br />of any site plan for development of such property. <br />Section 31-124.2. Resolution of disputes over boundaries. <br />to <br />owner desir <br />of Zoninq <br />to contest <br />als for rev <br />such <br />determination <br />thereof. The Board <br />
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