Independence City Zoning Code
CHAPTER 152
FLOODPLAINS
§ 152.01 STATEMENT OF INTENT.
The purpose of these provisions is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
(A) Regulating uses, activities and development which, alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies;
(B) Restricting or prohibiting certain uses, activities and development from locating within districts subject to flooding;
(C) Requiring all those uses, activities and developments that do occur in flood-prone districts to be protected and/or flood-proofed against flooding and flood damage; and
(D) Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.
(1996 Code, § 176-110) (Ord. passed 8-12-2008)
§ 152.02 APPLICABILITY.
These provisions shall apply to all lands within the jurisdiction of the town, and identified as being in the 100-year floodplain by the Federal Insurance Administration.
(1996 Code, § 176-111) (Ord. passed 8-12-2008)
§ 152.03 COMPLIANCE REQUIRED; LIABILITY.
(A) No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this chapter.
(B) The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by human-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that districts outside the Floodplain District, or that land uses permitted within such district will be free from flooding or flood damages.
(C) Records of actions associated with administering this chapter shall be kept on file and maintained by the Zoning Administrator.
(D) This chapter shall not create liability on the part of the town or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(1996 Code, § 176-112) (Ord. passed 8-12-2008)
§ 152.04 ABROGATION AND GREATER RESTRICTIONS.
This chapter supersedes any ordinance currently in effect in flood-prone districts. However, any underlying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive than this chapter.
(1996 Code, § 176-113) (Ord. passed 8-12-2008)
§ 152.05 DEFINITIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION. The Federal Emergency Management Agency designated 100-year water surface elevation.
BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.
BOARD OF ZONING APPEALS. The board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator in the interpretation of this chapter.
BREAKAWAY WALL. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING. A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings or columns (posts and piers).
ENCROACHMENT. The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
FLOOD or FLOODING.
(1) A general or temporary condition of partial or complete inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters; or
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
(2) The collapse or subsistence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in FLOODING as defined in division (1)(a) above.
FLOODPLAIN or FLOOD-PRONE AREA. Any land area susceptible to being inundated by water from any source.
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
FREEBOARD. A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. FREEBOARD tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings and the hydrological effect of urbanization in the watershed.
HISTORIC STRUCTURE. Any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior; or
(b) Directly by the Secretary of the Interior in states without approved programs.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s LOWEST FLOOR, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 C.F.R. § 60.3.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term MANUFACTURED HOME also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.
NEW CONSTRUCTION. For the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial flood insurance rate map or on or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, NEW CONSTRUCTION means structures for which start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
RECREATIONAL VEHICLE. A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel or seasonal use.
SHALLOW FLOODING AREA. A special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
SPECIAL FLOOD HAZARD AREA. The land in the floodplain subject to a 1% or greater chance of being flooded in any given year as determined in § 152.07.
START OF CONSTRUCTION. The date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The actual START means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual START OF THE CONSTRUCTION means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% the market value of the structure before the damage occurred
SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(2) Any alteration of an historic structure, provided that the alteration will not preclude the structure’s continued designation as an historic structure.
WATERCOURSE. A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. WATERCOURSE includes specifically designated areas in which substantial flood damage may occur.
(1996 Code, § 176-115) (Ord. passed 8-12-2008)
§ 152.06 DESCRIPTION OF DISTRICTS.
(A) Basis of districts. The various floodplain districts shall include special flood hazard areas. The basis for the delineation of these districts shall be the Flood Insurance Study (FIS) for the county, prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated August 28, 2008, as amended.
(1) The Approximated Floodplain District shall be those areas identified as an A or A99 Zone on the maps accompanying the flood insurance study. In these zones, no detailed flood profiles or elevations are provided, but the100-year floodplain boundary has been approximated.
(2) The Shallow Flooding District shall be those areas identified as Zone AO or AH on the maps accompanying the flood insurance study.
(B) Overlay concept.
(1) The Floodplain Districts described above shall be overlays to the existing underlying districts as shown on the official zoning ordinance map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.
(2) If there is any conflict between the provisions or requirements of the Floodplain Districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.
(3) In the event any provision concerning a Floodplain District is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.
(1996 Code, § 176-116) (Ord. passed 8-12-2008)
§ 152.07 OFFICIAL MAPS.
The boundaries of the special flood hazard area and Floodplain Districts are established as shown on the flood boundary and floodway map and/or flood insurance rate map which are declared to be a part of this chapter and which shall be kept on file at the town offices.
(1996 Code, § 176-117) (Ord. passed 8-12-2008)
§ 152.08 DISTRICT BOUNDARY CHANGES.
The delineation of any of the Floodplain Districts may be revised by the town where natural or human-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration.
(1996 Code, § 176-118) (Ord. passed 8-12-2008)
§ 152.09 INTERPRETATION OF DISTRICT BOUNDARIES.
Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the districts, the Board of Zoning Appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his or her case to the Board and to submit his or her own technical evidence if he or she so desires.
(1996 Code, § 176-119) (Ord. passed 8-12-2008)
§ 152.10 VARIANCES; FACTORS TO BE CONSIDERED.
(A) In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of this chapter and consider the following additional factors:
(1) The showing of good and sufficient cause;
(2) The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development or activity within any Floodway District that will cause any increase in the 100-year flood elevation;
(3) The danger that materials may be swept on to other lands or downstream to the injury of others;
(4) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions;
(5) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;
(6) The importance of the services provided by the proposed facility to the community;
(7) The requirements of the facility for a waterfront location;
(8) The availability of alternative locations not subject to flooding for the proposed use;
(9) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
(10) The relationship of the proposed use to the comprehensive plan and floodplain management program for the area;
(11) The safety of access by ordinary and emergency vehicles to the property in time of flood;
(12) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site;
(13) The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure; and
(14) Such other factors which are relevant to the purposes of this chapter.
(B) The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters.
(C) Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not result in unacceptable or prohibited increases in flood heights, additional threats to public safety, extraordinary public expense; and will not create nuisances, cause fraud or victimization of the public, or conflict with local laws or ordinances.
(D) Variances shall be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief from exceptional hardship to the applicant.
(E) The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the 100-year flood elevation increases the risks to life and property and will result in increased premium rates for flood insurance.
(F) A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances that are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.
(1996 Code, § 176-121)
§ 152.11 EXISTING STRUCTURES IN FLOODPLAIN AREAS; NONCONFORMING STRUCTURES.
A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions.
(A) Existing structures in the floodway area shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed expansion would not result in any increase in the base flood elevation.
(B) Any modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use located in any floodplain areas to an extent or amount of less than 50% of its market value shall conform to the VA USBC.
(C) The modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area to an extent or amount of 50% or more of its market value shall be undertaken only in full compliance with this chapter and shall require the entire structure to conform to the VA USBC.
(1996 Code, § 176-122)
§ 152.25 PERMIT AND APPLICATION REQUIREMENTS.
(A) Permit requirement.
(1) All uses, activities and development occurring within any floodplain district shall be undertaken only upon the issuance of a zoning permit.
(2) Such development shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances, as amended, and the town subdivision regulations.
(3) Prior to the issuance of any such permit, the Zoning Officer shall require all applications to include compliance with all applicable state and federal laws.
(B) Site plans and permit applications. All applications for development within any floodplain district and all building permits issued for the floodplain shall incorporate the following information:
(1) For structures to be elevated, the elevation of the lowest floor (including basement); and
(2) For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed.
(1996 Code, § 176-120) (Ord. passed 8-12-2008)
§ 152.26 GENERAL STANDARDS.
In all special flood hazard areas, the following provisions shall apply.
(A) New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(B) Manufactured homes shall be anchored to prevent flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.
(C) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(D) New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
(E) Electrical, heating, ventilation, plumbing, air-conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(F) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(G) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
(H) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
(I) Any alteration, repair, reconstruction or improvements to a building that is in compliance with the provisions of this chapter shall meet the requirements of “new construction” as contained in this chapter.
(J) Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this chapter shall be undertaken only if said nonconformity is not furthered, extended or replaced.
(K) In riverine situations, adjacent communities and the Department of Conservation and Recreation (Department of Floodplain Management) shall be notified prior to any alteration or relocation of a watercourse, and copies of such notifications shall be submitted to FEMA.
(L) The flood-carrying capacity within an altered or relocated portion of any watercourse shall be maintained.
(1996 Code, § 176-120.1) (Ord. passed 8-12-2008)
§ 152.27 SPECIFIC STANDARDS.
In all special flood hazard areas where base flood elevations have been provided in the flood insurance study or generated according § 152.28(A), the following provisions shall apply.
(A) Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation.
(B) Nonresidential construction. New construction or substantial improvement of any commercial, industrial or nonresidential building (or manufactured home) shall have the lowest floor, including basement, elevated to no lower than one foot above the base flood elevation. Buildings located in all A1-30, AE and AH Zones may be flood-proofed in lieu of being elevated, provided that all areas of the building components below the elevation corresponding to the BFE plus one foot are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this division (B) are satisfied.
(C) Elevated buildings. Enclosed areas of new construction or substantially improved structures which are below the regulatory flood protection elevation shall:
(1) Not be designed or used for human habitation, but shall only be used for parking of vehicles, building access or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). The interior portion of such enclosed area shall not be partitioned or finished into separate rooms, except to enclose storage areas;
(2) Be constructed entirely of flood-resistant materials below the regulatory flood protection elevation; and
(3) Include, in Zones A, AO, AE and A1-30, measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria.
(a) Provide a minimum of two openings on different sides of each enclosed area subject to flooding.
(b) The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding.
(c) If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.
(d) The bottom of all required openings shall be no higher than one foot above the adjacent grade.
(e) Openings may be equipped with screens, louvers or other opening coverings or devices, provided that they permit the automatic flow of floodwaters in both directions.
(f) Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.
(D) Standards for manufactured homes and recreational vehicles.
(1) All manufactured homes placed or substantially improved on individual lots or parcels, in expansions to existing manufactured home parks or subdivisions, in a new manufactured home park or subdivision or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, must meet all the requirements for new construction, including the elevation and anchoring requirements in § 152.26(A) and (B) and division (A) above.
(2) All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be elevated so that:
(a) The lowest floor of the manufactured home is elevated no lower than one foot above the base flood elevation;
(b) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least an equivalent strength, of no less than 36 inches in height above the grade; and
(c) The manufactured home must be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement.
(3) All recreational vehicles placed on sites must either:
(a) Be on the site for fewer than 180 consecutive days;
(b) Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions); or
(c) Meet all the requirements for manufactured homes in this division (D).
(1996 Code, § 176-120.2) (Ord. passed 8-12-2008)
§ 152.28 STANDARDS FOR APPROXIMATED FLOODPLAIN.
The following provisions shall apply within the Approximate Floodplain District.
(A) When base flood elevation data or floodway data have not been provided, the Zoning Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or any other source, in order to administer the provisions of § 152.10. When such base flood elevation data is utilized, the Zoning Administrator shall obtain:
(1) The elevation (in relation to the mean sea level) of the lowest floor (including the basement) of all new and substantially improved structures; and
(2) If the structure has been floodproofed in accordance with the requirements of § 152.27(B), the elevation in relation to the mean sea level to which the structure has been floodproofed.
(B) When the data is not available from any source as in division (A) above, the lowest floor of the structure shall be elevated to no lower than one foot above the highest adjacent grade.
(1996 Code, § 176-120.3) (Ord. passed 8-12-2008)
§ 152.29 STANDARDS FOR FLOODWAY.
The following provisions shall apply within the floodway when it has been identified as in § 152.28(A).
(A) Encroachments, including fill, new construction, substantial improvements and other developments are prohibited unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge.
(B) If division (A) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of § 152.10.
(C) The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured homes (mobile homes) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision, provided that the anchoring, elevation and encroachment standards are met.
(1996 Code, § 176-120.4) (Ord. passed 8-12-2008)
§ 152.30 STANDARDS FOR SHALLOW FLOODING DISTRICT.
The following provisions shall apply within the Shallow Flooding District.
(A) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above the flood depth specified on the flood insurance rate map, above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than two feet freeboard above the highest adjacent grade.
(B) All new construction and substantial improvements of nonresidential structures shall:
(1) Have the lowest floor, including basement, elevated to or above the flood depth specified on the flood insurance rate map, above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two feet freeboard above the highest adjacent grade; or
(2) Together with attendant utility and sanitary facilities be completely flood-proofed to the specified flood level so that any space below that level is 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.
(C) Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.
(1996 Code, § 176-120.5) (Ord. passed 8-12-2008)
§ 152.31 STANDARDS FOR SUBDIVISION PROPOSALS.
(A) All subdivision proposals shall be consistent with the need to minimize flood damage.
(B) All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.
(C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.
(D) Base flood elevation data shall be provided for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed 50 lots or five acres, whichever is the lesser.
(1996 Code, § 176-120.6)
§ 152.99 PENALTY.
(A) Any person who willfully violates any provision of this chapter or of any regulation issued under the authority of this chapter shall, upon conviction, be fined an amount not to exceed that set by Council from time to time or be imprisoned for not more than 90 days, or both. All prosecutions for violations of this chapter or of any regulations issued under the authority of this chapter shall be brought in the name of the town in the court of the county by the Corporation Counsel of the town or any of his or her assistants.
(B) Any person who demolishes, alters or constructs a building or structure in violation of this chapter shall be required to restore the building or structure and its site to the appearance prior to the violation. Any action to enforce this division (B) shall be brought by the Corporation Counsel of the town. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.
(1996 Code, § 176-143) (Ord. passed 8-12-2008)