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FINAL ORDINANCE NO. 80-64
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FINAL ORDINANCE NO. 80-64
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but not limited to, prosecution and fines, injunctions, <br />after -the -fact permits, orders for corrective measures or a <br />request to the National Flood Insurance Program for denial of <br />flood insurance availability to the guilty party. The <br />community must act in good faith to enforce these official <br />controls and to correct the Floodplain Regulation violations <br />to the extent possible so as not to jeopardize its <br />eligibility in the National Flood Insurance Program. <br />2. When the Floodplain Regulation violation is either <br />discovered by or brought to the attention of the Zoning <br />Administrator, the Zoning Administrator shall immediately <br />investigate the situation and document the nature and extent of <br />the violation of the official control. As soon as is <br />reasonably possible, this information will be submitted to the <br />appropriate Department of Natural Resources' and Federal <br />Emergency Management Agency Regional Office along with the <br />Community's plan of action to correct the violation to the <br />degree possible. <br />3. The Zoning Administrator shall notify the suspected party <br />of the requirements of the Floodplain Regulation and all other <br />Official Controls and the nature and extent of the suspected <br />violation of these controls. If the structure and/or use is <br />under construction or development, the Zoning Administrator may <br />order the construction or development immediately halted until <br />a proper permit or approval is granted by the Community. If <br />L the construction or development is already completed, then the <br />Zoning Administrator may either (1) issue an order identifying <br />the corrective actions that must be made within a specified <br />time period to bring the use or structure into compliance with <br />the official controls, or (2) notify the responsible party to <br />apply for an after -the -fact permit/ development approval within <br />a specified period of time not to exceed 30 -days. <br />4. If the responsible party does not appropriately respond <br />to the Zoning Administrator within the specified period of <br />time, each additional day that lapses shall constitute an <br />additional violation of the Floodplain Regulation and shall <br />be prosecuted accordingly. The Zoning Administrator shall <br />also, upon the lapse of the specified response period, notify <br />the landowner to restore the land to the condition which <br />existed prior to the violation of the Floodplain Regulation. <br />SECTION 303.120 AMENDMENTS <br />The floodplain designation on the Official Map shall not be removed <br />from floodplain areas unless it can be shown that the designation is <br />in error. Special exceptions to this rule may be permitted by the <br />Commissioner of Natural Resources if he determines that, through <br />other measures, lands are adequately protected for the intended use. <br />L
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