ORD-2005-127 - Ordinance Amending the County Flood Damage Prevention Ordinance

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12 Sec. 42 -37. Lands to which this Ordinance Applies. This Ordinance shall apply to all SFHAs within the jurisdiction, including Extra - Territorial Jurisdictions (ETJ), if applicable, of Orange County and within the jurisdiction of any other Orange County whose governing body agrees, by resolution, to such applicability. (Ord. of 8 -28 -1995, § 3.1, eff. 8 -28 -1995, Ord. of 10 -03 -2005, eff. 10 -03 -2005) Sec. 42 -38. Basis for establishing the Special Flood Hazard Areas. 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 February 2, 2007, which with accompanying supporting data, and any 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 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 (11/12) of this Ordinance; 2. Preliminary FIRMs where more stringent than the effective FIRM; or 3. Post - disaster Flood Recovery Maps, if available. (Ord. of 8 -28 -1995, § 3.2, eff. 8 -28 -1995, Ord. of 10 -03 -2005, eff. 10 -03 -2005) See. 42-39. Compliance No structure or land shall hereafter be located, extended, converted, altered, or developed, improved, or maintained in any way without full compliance with the terms of this Ordinance and other applicable regulations. (Ord. of 8 -28 -1995, § 3.4, eff. 8 -28 -1995, Ord. of 10 -03 -2005, eff. 10 -03 -2005) Sec. 42 -40. 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 any other Ordinance conflict or overlap whichever imposes the more stringent restrictions shall prevail. (Ord. of 8 -28 -1995, § 3.5, eff. 8 -28 -1995, Ord. of 10 -03 -2005, eff. 10 -03 -2005)