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Located within the special flood hazard areas established in § 93.21, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to §§ 93.41 and 93.42, all new construction and substantial improvements shall meet the following requirements:
(A) The reference level shall be elevated at least as high as the depth number specified on the flood insurance rate map (FIRM), in feet, plus a freeboard of two feet, above the highest adjacent grade; or at least two feet above the highest adjacent grade if no depth number is specified.
(B) Non-residential structures may, in lieu of elevation, be floodproofed to the same level as required in § 93.46(A) so that the structure, together with attendant utility and sanitary facilities, below that level shall be watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required in accordance with §§ 93.32(C), 93.42(B).
(C) Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
(Ord. 08-32, passed 9-3-08; Am. Ord. 19-33, passed 9-3-19; Am. Ord. 21-26, passed 7-12-21) Penalty, see § 93.99
LEGAL STATUS PROVISIONS
This chapter in part comes forward by re-enactment of some of the provisions of the Flood Damage Prevention Ordinance enacted November 23, 1981 as amended, classified as Chapter 93 of the Code of Ordinances of the City of Albemarle and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this chapter shall not affect any action, suit or proceeding instituted or pending. All provisions of the flood damage prevention ordinance of the City of Albemarle enacted on November 23, 1981, as amended, which are not reenacted herein are repealed. The date of the initial Flood Damage Prevention Ordinance for Stanly County is December 1, 1981.
(Ord. 08-32, passed 9-3-08; Am. Ord. 19-33, passed 9-3-19; Am. Ord. 21-26, passed 7-12-21) Penalty, see § 93.99
Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the Floodplain Administrator or his or her authorized agents before the time of passage of this chapter; provided, however, that when construction is not begun under such outstanding permit within a period of six months subsequent to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of this chapter.
(Ord. 08-32, passed 9-3-08; Am. Ord. 19-33, passed 9-3-19; Am. Ord. 21-26, passed 7-12-21) Penalty, see § 93.99
Violation of certain provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a Class 1 misdemeanor pursuant to G.S. § 143-215.58. Provisions applicable for the misdemeanor penalty are expressly identified throughout the chapter. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500 or imprisoned for not more than 30 days, or both. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Albemarle from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 08-32, passed 9-3-08; Am. Ord. 19-33, passed 9-3-19; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22)