(A) Lands to which this subchapter applies. This subchapter shall apply to all special flood hazard areas within the jurisdiction including extra-territorial jurisdictions (ETJs) as allowed by law, of the Town of Fairmont, NC.
(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) dated, December 6, 2019 for Robeson County and associated digital flood insurance rate map (DFIRM) panels, including any digital data developed as part of the FIS, which are adopted by reference and declared a part of this chapter, and all revisions thereto.
(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 determined in accordance with the provisions of division (B)) above of this 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 subchapter and other applicable regulations.
(E) Abrogation and greater restrictions. This subchapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this subchapter and another ordinance conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(F) Interpretation. In the interpretation and application of this subchapter, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the Town Council; 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. 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 Fairmont, NC 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 Class 1 misdemeanor pursuant to G.S. § 143-215.58. 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 Fairmont, NC from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 23-241, passed 7-18-2023)