ORD-2005-127 - Revisions to the Flood Damage Prevention Ordinance

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09/15/2005 15 Substantial improvement means any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one year period whereby the cost of which equals or exceeds 50 percent 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 any correction of existing violations of State or Orange County health, sanitary, or safety code specifications which have been identified by the Orange County code enforcement official and which are the minimum. necessary to assure safe living conditions, or any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. Variance is a grant of relief from the requirements of this Ordinance by the Board of Adjustment. Violation means the failure of a structure or other development to be fully compliant with these floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Ordinance is presumed to be in violation until such time as that documentation is provided. Water surface elevation (WSE) means the height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (3) Watercourse means 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. (Ord. of 8 -28 -1995, art. 2, eff. 8 -28 -1995) Cross references: Definitions generally, § 1 -2. Sec. 42 -37. Lands to which this Ordinance Applies. This Ordinance shall apply to all SFHAs within the jurisdiction of Orange County, including Extra- Territorial Jurisdictions (ET.9, if applicable, and within the jurisdiction of any other Orange County whose governing body agrees, by resolution, to such applicability. Wording now in (Ord. of 8 -28- 1995, § 3.1, eff. 8 -28 -1995) line with N.C. Flood Act of Sec. 42 -38. Basis for establishing the Special Flood Hazard Areas_ 2000 (5) The SFHA are those identified by the FEMA or produced under the Cooperating Technical State agreement between the State of North Carolina and FEMA in its FHBM or Flood Insurance Study (FIS) and its accompanying flood maps such as the FIRM(s) and/or the FBFM(s), for Orange County dated March 16, 1981, which with accompanying supporting data, and any future map update or revision thereto, including Letters of Map Amendment or Revision, are adopted by reference and declared to be a part of this Ordinance. The SFHA also include those defined through standard (5) engineering analysis for private developments or by governmental agencies, but not incorporated into the FIRM. This includes, but is not limited to, detailed flood data: 1. Detailed flood data generated as a requirement of Section 42 -69 (11112) of this Ordinance;