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ORD-2017-026 Ordinance adopting a new Flood Insurance Study (FIS) and new Flood Insurance Rate Maps (FIRMs) as produced by the State of NC and FEMA
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ORD-2017-026 Ordinance adopting a new Flood Insurance Study (FIS) and new Flood Insurance Rate Maps (FIRMs) as produced by the State of NC and FEMA
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Last modified
3/13/2019 11:03:41 AM
Creation date
11/15/2017 11:54:31 AM
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BOCC
Date
11/14/2017
Meeting Type
Public Hearing
Document Type
Ordinance
Agenda Item
D.2
Document Relationships
2017-628 Statement of Approval and Consistency Of A Proposed Unified Development Ordinance Text Amendment With the Adopted Orange County 2030 Comprehensive Plan
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2017
2017-629 Statement of Approval and Consistency Of A ProposedZoning Atlas Amendment with the Adopted Orange County 2030 Comprehensive Plan
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2017
Agenda - 11-14-2017 - D.2 - Unified Development Ordinance (UDO) and Zoning Atlas Amendments – Flood
(Linked To)
Path:
\Board of County Commissioners\BOCC Agendas\2010's\2017\Agenda - 11-14-2017 - QPH
Minutes 11-14-2017
(Attachment)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2017
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Article 1: Administratitstp <br /> Section 1.1: General Provisions <br /> 1.16 Severability <br /> It is the legislative intent of the Board of County Commissioners in adopting this Or. ance that all <br /> •rovisions and sections thereof shall be liberally construed to protect and preserv- the peace, <br /> h-.Ith, safety and general welfare of the inhabitants of Orange County and, fu er, that should <br /> any o ovision, portion, section, or subsection of this Ordinance be held to be 'onstrued as <br /> affects • the validity of any of the remaining provisions, portions, sections • subsections, it is the <br /> intent of '•e Board of County Commissioners that this Ordinance shall s :nd, notwithstanding the <br /> invalidity o :ny provision, or section or part thereof. <br /> 1.1.17 Repeal of Exists • Regulations <br /> All existing regulatio . now contained within this Ordinance . e hereby repealed. The adoption <br /> of this Ordinance, how- er, shall not affect nor prevent an pending or future prosecution of, or <br /> action to abate, an existin• violation of said regulations, .s amended. <br /> (A) Status of Prior Viola sons <br /> (1) All violations oft - regulations realed by the adoption of this Ordinance shall <br /> remain violations o . e ordina►ces of Orange County and all penalties and <br /> enforcement remedies et f• h herein shall be available as though the violation <br /> were a violation of this • , nance. <br /> (2) However, if the effect . this Irdinance is to make a formerly unlawful or <br /> nonconforming use .ecome la ,•ul and/or conforming, then no enforcement <br /> action shall be ta.-n except for the imposition and collection of penalties for the <br /> violations that • curred prior to the - ective date of this Ordinance. <br /> (B) Effect on Rights a: • Liabilities under the Flood Damage Prevention Ordinance <br /> (1) Portion of the ordinance come forward by :-enactment of some of the <br /> provi ••ns of the Flood Damage Prevention 0 •inance (FDPO) enacted March 2, <br /> 19: , as amended, and it is not the intention to r-seal but rather to re-enact and <br /> intinue to enforce without interruption of such exi :rig provisions, so that all <br /> rights and liabilities that have accrued under the FDP• are reserved and may be <br /> enforced. <br /> 1.1.18 Interpr: ation <br /> In t - interpretation and application of this Ordinance, all provisions shall be: <br /> ) Considered as minimum requirements; <br /> (B) Liberally construed in favor of the governing body; and <br /> (C) Deemed to neither limit nor repeal any other powers granted under State statutes. <br /> 1.1.19 Disclaimer of Liability—Flood Regulations <br /> e-e -- - • <br /> • - . _ - _-_ _ _ -- _-. The degree of flood protection required by this Ordinance is <br /> considered reasonable for regulatory purposes and is based on scientific and engineering <br /> consideration. Larger floods can and will occur. Actual flood heights may be increased by man- <br /> made or natural causes. This ordinance does not imply that land outside the Special Flood <br /> Hazard Areas or uses permitted within such areas will be free from flooding or flood damages. <br /> 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 <br /> administrative decision lawfully made hereunder.3 <br /> 3 Staff is modifying existing language to ensure consistency with the 2017 minimum model flood ordinance <br /> prepared by FEMA. <br /> Orange County, North Carolina—Unified Development Ordinance Page 1-6 <br />
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