(A) Effect on rights and liabilities under the existing flood damage prevention ordinance.
(1) This subchapter in part comes forward by re-enactment of some of the provisions of the flood damage prevention ordinance enacted December 11, 2006 as amended, 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 subchapter shall not affect any action, suit or proceeding instituted or pending. All provisions of the flood damage prevention ordinance of the Town of Fairmont, NC enacted on August 11, 1987 as amended, which are not reenacted herein are repealed.
(2) The date of the initial flood damage prevention ordinance for Robeson County is November 11, 1990.
(B) 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 subchapter; 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 subchapter.
(C) Severability. If any section, clause, sentence, or phrase of this subchapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this subchapter.
(D) Effective date. This subchapter shall become effective upon adoption.
(E) Adoption certification.
I hereby certify that this is a true and correct copy of the Flood Damage Prevention Ordinance as adopted by the Town Council of the Town of Fairmont, North Carolina, on the 18th day of July, 2023.
WITNESS my hand and the official seal of , this the day of , 2023.
SEAL
(signature)
(Ord. 23-241, passed 7-18-2023)