Orange County NC Website
23 <br /> "Violation" means the failure of a structure or other development to be fully compliant with the <br /> community's floodplain management regulations. A structure or other development without the elevation <br /> certificate, other certifications, or other evidence of compliance required in Articles 4 and 5 is presumed <br /> to be in violation until such time as that documentation is provided. <br /> ARTICLE 3. GENERAL PROVISIONS. <br /> SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES. <br /> This ordinance shall apply to all areas of special flood hazard within the jurisdiction of Orange County <br /> SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD <br /> HAZARD. <br /> The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood <br /> Insurance Study, dated March 16, 1981, with accompanying maps and other supporting data, and any <br /> revision thereto are adopted by reference and declared to be a part of this ordinance. <br /> SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT. <br /> A Development Permit shall be required in conformance with the provisions of this ordinance prior to the <br /> commencement of any development activities. <br /> SECTION D. COMPLIANCE. <br /> No structure or land shall hereafter be located, extended, converted, or structurally altered without full <br /> compliance with the terms of this ordinance and other applicable regulations <br /> SECTION E. ABROGATION AND GREATER RESTRICTIONS. <br /> This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed <br /> restrictions. However, where this ordinance and another conflict or overlap,whichever imposes the more <br /> stringent restrictions shall prevail. <br /> SECTION F. INTERPRETATION. <br /> In the interpretation and application of this ordinance all provisions shall be: (1) considered as minimum <br /> requirements; (2) liberally construed in favor of the governing body; and, (3) deemed neither to limit nor <br /> repeal any other powers granted under state statutes. <br /> SECTION G. WARNING AND DISCLARVIER OF LIABILITY. <br /> The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes <br /> and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. <br /> Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land <br /> outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or <br /> flood damages. This ordinance shall not create liability on the part of Orange County or by any officer or <br /> employee thereof for any flood damages that result from reliance on this ordinance or any administrative <br /> decision lawfully made hereunder. <br /> 6 <br />