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§ 151.064 FLOODWAYS AND NON-ENCROACHMENT AREAS.
   (A)   Areas designated as floodways or non-encroachment areas are located within the special flood hazard areas established in § 151.021. The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles.
   (B)   The following provisions, in addition to standards outlined in §§ 151.060 and 151.061, shall apply to all development within these areas:
      (1)   No encroachments, including fill, new construction, substantial improvements and other developments, shall be permitted unless:
         (a)   It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice, and presented to the Floodplain Administrator prior to issuance of floodplain development permit; or
         (b)   A conditional letter of map revision (CLOMR) has been approved by FEMA. A letter of map revision (LOMR) must also be obtained upon completion of the proposed encroachment.
      (2)   If division (B)(1) above is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this chapter;
      (3)   Manufactured homes may be permitted, provided the following provisions are met:
         (a)   The anchoring and the elevation standards of § 151.061(C); and
         (b)   The no encroachment standard of division (B)(1) above.
(Ord. eff. 10-6-2003; Ord. eff. 3-12-2012; Ord. eff. 8-11-2014; Ord. eff. 11-10-2014)
LEGAL STATUS PROVISIONS
§ 151.080 EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD DAMAGE PREVENTION ORDINANCE.
   (A)   This chapter in part comes forward by re-enactment of some of the provisions of the Flood Damage Prevention Ordinance enacted October 6, 2003, as amended, and it is not the intention to repeal, but rather to reenact and continue to enforce without interruption 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Flood Damage Prevention Ordinance of the town enacted on October 6, 2003, as amended, that are not reenacted herein are repealed.
   (B)   Municipal: The date of the initial Flood Damage Prevention Ordinance for Surrey County is October 29, 1979.
(Ord. eff. 10-6-2003; Ord. eff. 3-12-2012; Ord. eff. 8-11-2014; Ord. eff. 11-10-2014)
§ 151.081 EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PERMITS.
   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 an 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. eff. 10-6-2003; Ord. eff. 3-12-2012; Ord. eff. 8-11-2014; Ord. eff. 11-10-2014)
§ 151.999 PENALTY.
   Violation of the 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 misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $50 or imprisoned for not more than 30 days, or both. Each day the violation continues shall be considered a separate offense. Nothing herein contained shall prevent the town from taking any other lawful action as is necessary to prevent or remedy any violation.
(Ord. eff. 10-6-2003; Ord. eff. 3-12-2012; Ord. eff. 8-11-2014; Ord. eff. 11-10-2014)