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§ 4-168 STANDARDS FOR SUBDIVISIONS.
   1.   The applicant for a development permit for any subdivision located in Zones A and AE which 51 or more lots or greater than five acres shall generate the base flood elevation date for that subdivision.
   2.   All subdivisions including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
   3.   All subdivisions including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.
§ 4-169 FLOODWAYS.
   The following provision shall apply to floodways.
   1.   Encroachments, including but not limited to, fill, new construction, substantial improvements and other development are prohibited with the adopted floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the city during the occurrence of the base flood discharge.
   2.   If § 4-168 subsection 1. above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §§ 4-164 through 4-169.
   3.   The city may permit encroachments within the adopted floodway that would result in an increase in base flood elevations, provided that the applicant for the development permit complies with all of 44 C.F.R. § 65.12.
ARTICLE 6: MISCELLANEOUS PROVISIONS
§ 4-170 SEVERABILITY.
   If any section, subsection, sentence or phrase of this article is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this article.
§ 4-171 PENALTIES FOR NONCOMPLIANCE.
   No structure or land shall hereafter be constructed, located, extended or altered without full compliance with the terms of this article and other applicable regulations. A structure or other development without the elevation certificate or other certifications required in this article is presumed to be in violation until such time as that documentation is provided, (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirement shall upon conviction thereof be fined not more $500 or imprisoned for not more than one year or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City Council or its City Attorney from taking such other lawful action as is necessary to prevent or remedy and violation. (See Chapter 1 and Chapter 4 of this code of ordinances.)
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