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December 15, 2008 (Regular Meeting) Page 1094 <br />another conflict or overlap, whichever imposes the more stringent <br />restrictions shall prevail. <br />(Ord. of 2-16-87, art. 3, § E; Ord. of 10-17-99, art. 3, § E) <br />Sec. 38-36. SECTION F Interpretation and application of article. <br />In the interpretation and application of this article all provisions shall <br />be: <br />(1) Considered as minimum requirements; <br />(2) Liberally construed in favor of the governing body; and <br />(3) Deemed neither to limit nor repeal any other powers granted under state <br />statutes. <br />(Ord. of 2-16-87, art. 3, § F; Ord. of 10-17-94, art. 3, § F) <br />Sec. 38-37. SECTION G Warning and disclaimer of liability. <br />The degree of flood protection required by this article is considered <br />reasonable for regulatory purposes and is based on scientific and engineering <br />consideration. Larger floods can and will occur on rare occasions. Flood <br />heights may be increased by manmade or natural causes. This article does not <br />imply that land outside the areas of special flood hazard or uses permitted <br />within such areas will be free from flooding or flood damages. This article <br />shall not create liability on the part of the county or by any officer or <br />employee thereof for any flood damages that result from reliance on this <br />article or any administrative decision made pursuant to this article. <br />(Ord. of 2-16-87, art. 3, § G; Ord. of 10-17-94, art. 3, § G) <br />Sec. 38-36 SECTION H PENALTIES FOR VIOLATION. <br />Violation of the provisions of this ordinance or failure to comply with any <br />of its requirements, including violation of conditions and safeguards <br />established in connection with grants of variance or special exceptions, <br />shall constitute a misdemeanor. Any person who violates this ordinance or <br />fails to comply with any of its requirements shall, upon conviction thereof, <br />be fined not more than $50.00 or imprisoned for not more than thirty (30) <br />days, or both. Each day such violation continues shall be considered a <br />separate offense. Nothing herein contained shall prevent Cabarrus County <br />from taking such other lawful action as is necessary to prevent or remedy any <br />violation. <br />Secs. 38-39--38-55. Reserved. <br />ARTICLE 4 ADMINISTRATION <br />Sec. 38-56. SECTION A Designation of Floodplain Administrator. <br />The zoning administrator, hereinafter referred to as "local administrator," <br />is hereby appointed to administer and implement the provisions of this <br />ordinance. <br />(Ord. of 2-16-87, art. 4, § A; Ord. of 10-17-94, art. 9, § A) <br />Sec. 38-57 SECTION B FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT AND <br />CERTIFICATION REQUIREMENTS. <br />(1) Application Requirements. Application for a Floodplain Development <br />Permit shall be made to the Floodplain Administrator prior to any <br />development activities located within Special Flood Hazard Areas. The <br />following items shall~be presented to the Floodplain Administrator to <br />apply for a floodplain development permit: <br />(a) A plot plan drawn to scale which shall include, but shall not be <br />limited to, the following specific details of the proposed <br />floodplain development: <br />(i) the nature, location, dimensions, and elevations of the area <br />of development/disturbance; existing and proposed structures, <br />utility systems, grading/pavement areas, fill materials, <br />storage areas, drainage facilities, and other development; <br />(ii) the boundary of the Special Flood Hazard Area as delineated on <br />the FIRM or other flood map as determined in Article 3, <br />Section B, or a statement that the entire lot is within the <br />Special Flood Hazard Area; <br />(iii) flood zone(s) designation of the proposed development area as <br />determined on the FIRM or other flood map as determined in <br />Article 3, Section B; <br />(iv) the boundary of the floodway(s) or non-encroachment area(s) as <br />determined in Article 3, Section B; <br />(v) the Base Flood Elevation (BFE) where provided as set forth in <br />Article 3, Section B; Article 4, Section C; or Article 5, <br />Section D; <br />