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31 <br />All new construction and substantial improvements of all structures shall have the lowest <br />floor, including basement, elevated to the depth number specified on the FIRM, in feet, <br />above the highest adjacent grade. If no depth number is specified, the lowest floor, including <br />basement, shall be elevated at least two feet above regulatory flood protection elevation as <br />defined for the SFHAs, where no BFE has been established. <br />2. All new construction and substantial improvements of non - residential structures shall have <br />the option, in lieu of elevation, to be completely flood proofed together with attendant <br />utilities and sanitary facilities to or above that level so that any space below that level is <br />watertight with walls substantially impermeable to the passage of water and with structural <br />components having the capacity of resisting hydrostatic and hydrodynamic loads and effects <br />of buoyancy. Certification is required as per Section 42 -68(3) and Section 42- 92(2). <br />(Ord. of 8 -28 -1995, § 5.5, eff. 8 -28 -1995, Ord. of 10 -03 -2005, eff. 10 -03 -2005) <br />Sec. 42 -96. Effect upon outstanding floodplain development permits. <br />Nothing herein contained shall require any change in the plans, construction, size, or <br />designated use of any development or any part thereof for which a floodplain development permit has <br />been granted by the Floodplain Administrator or his/her authorized agents before the time of passage of <br />this Ordinance; provided, however, that when construction is not begun under such outstanding permit <br />within a period of six (6) months subsequent to passage of this Ordinance or any revision thereto, <br />construction or use shall be in conformity with the provisions of this Ordinance. <br />(Ord., of 8 -28 -1995, § 5.5, eff. 8 -28 -1995, Ord. of 10 -03 -2005, eff. 10 -03 -2005) <br />DIVISION 4. LEGAL STATUS PROVISIONS. <br />Sec. 42-97. Effect on rights and liabilities under the existing flood damage prevention <br />ordinance. <br />This Ordinance in part comes forward by re- enactment of some of the provisions of the flood <br />damage prevention ordinance enacted March 2, 1981, as amended, and it is not the intention to repeal <br />but rather to re -enact and continue to enforce without interruption of such existing provisions, so that all <br />rights and liabilities that have accrued hereunder are reserved and may be enforced. The enactment of <br />this Ordinance shall not affect any action, suit or proceeding instituted or pending. All provisions of the <br />Flood Damage Prevention Ordinance of Orange County enacted on March 2, 1981, as amended, which <br />are not reenacted herein, are repealed. <br />(Ord. of 10 -03 -2005, eff. 10 -03 -2005) <br />Sec. 42 -98. Effective date. <br />This Ordinance shall become effective upon adoption. <br />