§ 1103. General provisions.

1103.1

Lands to which this ordinance applies. This ordinance shall apply to all areas of special flood hazard within the jurisdiction of the Town of Smithfield (local unit).

1103.2

Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study, dated October 20, 2000 with accompanying maps and other supporting data, and any revisions thereto that are approved by FEMA are adopted by reference and declared to be a part of this ordinance. The areas of special flood hazard outside the floodway are hereby established as floodway fringe districts (FFDs). The areas of special flood hazard inside the floodway are hereby established as floodway districts (FWDs). The FFDs and FWDs are hereby superimposed on the official zoning map as overlay districts.

(Ord. No. 359, 9-5-00)

1103.3

Establishment of development permit. A development permit shall be required in conformance with the provisions of this ordinance prior to the commencement of any development activities.

1103.4

Compliance. No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this ordinance and other applicable regulations.

1103.5

Abrogation and greater restrictions. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

1103.6

Interpretation. In the interpretation and application of this ordinance, all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes.

1103.7

Warning and disclaimer of liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazard or uses permitted with such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the Town of Smithfield (local unit) or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

1103.8

Penalties for violation. Violation of the provisions of this ordinance 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 ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than fifty dollars ($50.00) or imprisoned for not more than thirty (30) 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. Nothing herein contained shall prevent the Town of Smithfield (local unit) from taking such other lawful action as is necessary to prevent or remedy any violation.

1103.9

Re-enactment and repeal of existing Flood Plain Zoning Overlay. This ordinance in part carries forward by re-enactment some of the provisions of the Flood Plain Overlay adopted in 1982, and all of the provisions of Article X, Flood Damage Prevention Ordinance, adopted in 1987, and it is not the intention to repeal but rather to re-enact and continue in force such existing provisions so that all rights and liabilities that have accrued thereunder are preserved and may be enforced. All provisions of the Flood Plain Overlay which are not re-enacted are merely repealed. All suits at law or in equity and/or all prosecutions resulting from the violation of any Flood Plain Overlay heretofore in effect, which are now pending in any of the courts of this State or of the United States, shall not be abated or abandoned by reason of the adoption of this ordinance, but shall be prosecuted to their finality the same as if this ordinance had not been adopted; and any and all violations of the existing Flood Plain Overlay, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted and nothing in this ordinance shall be so construed as to abandon, abate, or dismiss any litigation or prosecution now pending and/or which may heretofore have been instituted or prosecuted.