This Chapter shall apply to all areas within the jurisdiction of the City of Velda City, Missouri, identified as numbered and unnumbered A zones and AE zones, on the Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) most recently adopted. In all areas covered by this Chapter, no development shall be permitted except through the issuance of a floodplain development permit, granted by the Board of Aldermen or its duly designated representative under such safeguards and restrictions as the Board of Aldermen or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in Article V.
[Ord. No. 617 §1, 7-8-2009]
A.
No
development located in the special flood hazard areas of this community
shall hereafter be constructed, located, extended, converted, or structurally
altered without full compliance with the terms of this Chapter and
other applicable regulations.
B.
Violation
of the provisions of this Chapter or failure to comply with any of
its requirements (including violations of conditions and safeguards
established in connection with grants of variances 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 one thousand dollars ($1,000.00) or
imprisoned for not more than ninety (90) days, or both, and in addition
shall pay all costs and expenses involved in the case. Each day such
violation continues shall be considered a separate offense.
C.
Nothing
herein contained shall prevent the City of Velda City or other appropriate
authority from taking such other lawful action as is necessary to
prevent or remedy any violation.
This Chapter is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this Chapter and another conflict or overlap, whichever imposes
the more stringent restrictions shall prevail.
The degree of flood protection required by this Chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods may occur on rare occasions
or the flood heights may be increased by man-made or natural causes
such as ice jams and bridge openings restricted by debris. This Chapter
does not imply that areas outside the floodway and flood fringe or
land uses permitted within such areas will be free from flooding or
flood damages. This Chapter shall not create liability on the part
of the City of Velda City or by any Officer or employee thereof for
any flood damages that result from reliance on this Chapter or any
administrative decision lawfully made thereunder.
If any Section, clause, provision or portion of this Chapter
is adjudged unconstitutional or invalid in a court of appropriate
jurisdiction, the remainder of this Chapter shall not be affected
thereby.