Land Development Ordinance - Amended 6-3-2024

(4) Compliance . No structure or land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of these Flood Damage Prevention Regulations and other applicable regulations.

(5) Abrogation & Greater Restrictions . These Flood Damage Prevention Regulations are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where the Flood Damage Prevention Regulations and other conflicts overlap, whichever imposes the more stringent restrictions shall prevail.

(6) Interpretation . In the interpretation and application of these Flood Damage Prevention Regulations all provisions shall be:

A. Minimum Requirements . Considered as minimum requirements.

B. Liberally Interpreted . Liberally construed in favor of the governing body.

C. Not to Limit or Repeal . Deemed neither to limit nor repeal any other powers granted under the General Statutes of the State of North Carolina.

(7) Warning & Disclaimer of Liability . The degree of flood protection required by these Flood Damage Prevention Regulations 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. These Flood Damage Prevention Regulations do not imply that land outside the Special Flood Hazard Areas and Future Conditions Flood Hazard Areas for uses permitted within such areas will be free from flooding or flood damages. These Flood Damage Prevention Regulations shall not create liability on the part of the Town of Fuquay-Varina, or by any officer or employee thereof, for any flood damages that result from reliance on these regulations, or any administrative decision lawfully made hereunder. (8) Penalties for Violation . Violation of the provisions of these Flood Damage Prevention Regulations or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special use permits, shall constitute a Class 1 misdemeanor pursuant to NC G.S. § 143-215.58. Any person who violates these Flood Damage Prevention Regulations or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $100.00 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 Fuquay- Varina from taking such other lawful action as is necessary to prevent or remedy any violation.

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