§ 72-746. General provisions.

(a)

Lands to which this division applies. This division shall apply to all areas of special flood hazard within the jurisdiction of the County Council of the County of Volusia.

(b)

Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (hereinafter "FEMA") in the Flood Insurance Study (hereinafter "FIS") for the County of Volusia, dated February 19, 2014, with the accompanying maps and other supporting data, and any subsequent revisions thereto, are adopted by reference and declared to be a part of this division. The FIS and FIRM are on file at: The County of Volusia, 123 W. Indiana Ave., DeLand, FL 32720.

(c)

Designation of floodplain administrator. The County Council of the County of Volusia hereby appoints the land development manager, or his or her designee, to administer and implement the provisions of this division and is hereby referred to as the floodplain administrator.

(d)

Establishment of development permit. A development permit shall be required in conformance with the provisions of this division prior to the commencement of any development activities within all areas of special flood hazard.

(e)

Compliance. No structure or land shall hereafter be located, constructed, extended, converted or structurally altered without full compliance with the terms of this division and other applicable regulations.

(f)

Abrogation and greater restrictions. This division is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this division and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(g)

Interpretation. In the interpretation and application of this division all provisions shall be:

(1)

Considered as minimum requirements; and

(2)

Liberally construed in favor of the County of Volusia; and

(3)

Deemed neither to limit, nor repeal any other powers granted under State of Florida Statutes.

(h)

Warning and disclaimer of liability. The degree of flood protection required by this division is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This division does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This division shall not create liability on the part of County Council of the County of Volusia or by any officer or employee thereof for any flood damages that result from reliance on this division or any administrative decision lawfully made thereunder.

(Ord. No. 2011-24, § I, 9-8-11; Ord. No. 2013-20, § VIII, 12-12-13)