(A) Lands to which this chapter applies. This suchapter shall apply to all Special Flood Hazard Areas within the jurisdiction, including Extra-Territorial Jurisdictions (ETJ) if applicable, of the Town of Beech Mountain and within the jurisdiction of any other community whose governing body agrees, by resolution, to such applicability.
(B) Basis for establishing the special flood hazard areas.
(1) FEMA. The Special Flood Hazard Areas are those identified by the Federal Emergency Management Agency (FEMA) or produced under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its Flood Hazard Boundary Map (FHBM) or Flood Insurance Study (FIS) and its accompanying flood maps such as the Flood Insurance Rate Map(s) (FIRM) and/or the Flood Boundary Floodway Map(s) (FBFM), for Watauga County, panel #'s 150e, 151e and 153e dated September 21, 1998, 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 subchapter. The Special Flood Hazard Areas also include those defined through standard engineering analysis for private developments or by governmental agencies, but which have not yet been incorporated in the FIRM. This includes, but is not limited to, detailed flood data:
(a) Generated as a requirement of § 154.328(C)(11) and (12) of this subchapter;
(b) Preliminary FIRMs where more stringent than the effective FIRM; or
(c) Post-disaster Flood Recovery Maps.
(2) Municipal. In addition, upon annexation to the Town of Beech Mountain or inclusion in the Extra-Territorial Jurisdiction (ETJ), the Special Flood Hazard Areas identified by the Federal Emergency Management Agency (FEMA) and/or produced under the Cooperating Technical State agreement between the State of North Carolina and FEMA as stated above for the Unincorporated Areas of Avery and Watauga Counties, with accompanying maps and other supporting data, and any revision thereto, are adopted by reference and declared to be a part of this subchapter.
(C) Establishment of floodplain development permit. A Floodplain Development Permit shall be required in conformance with the provisions of this subchapter prior to the commencement of any development activities within Special Flood Hazard Areas as determined in § 154.327(B) above.
(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 suchapter and other applicable regulations.
(E) Abrogation and greater restrictions. This suchapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this subchapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(F) Interpretation. In the interpretation and application of this chapter, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
(G) Warning and disclaimer of liability. The degree of flood protection required by this subchapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Actual flood heights may be increased by man-made or natural causes. This subchapter 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 subchapter shall not create liability on the part of the Town of Beech Mountain or by any officer or employee thereof for any flood damages that result from reliance on this subchapter or any administrative decision lawfully made hereunder.
(H) Penalties for violation. Violation of the provisions of this subchapter 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 subchapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $50 or imprisoned for not more than 30 days, or both. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Town of Beech Mountain from taking such other lawful action as is necessary to prevent or remedy any violation.
(1989 Code, Title V, Ch. 51, Art. XXI, § 2103) (Ord. passed 11-11-2003; Ord. 2021-03, passed 6-8-2021)