GENERAL PROVISIONS.

SECTION A.    LANDS TO WHICH THIS ORDINANCE APPLIES.

This ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction, including Extra-Territorial Jurisdictions (ETJs), of the Village of Misenheimer and within the jurisdiction of any other community whose governing body agrees, by resolution, to such applicability.

SECTION B.    BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS.

The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its Flood Insurance Study (FIS) for     Stanly County dated 9/3/2008 and its accompanying Flood Insurance Rate Map Panels (6602 & 6623), which are adopted by reference and declared to be a part of this ordinance.

The initial Flood Insurance Rate Maps are as follows for the jurisdictional areas at the initial date:
Stanly County Unincorporated Area, dated December 1, 1981
Village of Misenheimer, dated December 1, 1981

SECTION C.    ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT.

A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance prior to the commencement of any development activities within Special Flood Hazard Areas determined in accordance with the provisions of Article 3, Section B of this ordinance.

SECTION D.    COMPLIANCE.

No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance with the terms of this ordinance and other applicable regulations.

SECTION E.    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 another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

SECTION F.    INTERPRETATION.

In the interpretation and application of this ordinance, all provisions shall be:

(a)    considered as minimum requirements;
(b)    liberally construed in favor of the governing body; and
(c)    deemed neither to limit nor repeal any other powers granted under State statutes.

SECTION G.    WARNING AND DISCLAIMER OF LIABILITY.

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering consideration.  Larger floods can and will occur.  Actual flood heights may be increased by man-made or natural causes.  This ordinance does not imply that land outside the Special Flood Hazard Areas or uses permitted within such areas will be free from flooding or flood damages.

This ordinance shall not create liability on the part of the Village of Misenheimer or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

SECTION H.    PENALTIES FOR VIOLATION.

Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor.  Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $50.00 or imprisoned for not more than thirty (30) days, or both.  Each day such violation continues shall be considered a separate offense.  Nothing herein contained shall prevent the Village of Misenheimer from taking such other lawful action as is necessary to prevent or remedy any violation.

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