(A) The Special Flood Hazard Area (SFHA) is subject to periodic inundation that could result in loss of life and property, hazards to public health and safety, disruption of commerce and governmental services, damage to and disruption of public utilities, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
These losses and hazards are caused by the cumulative effect of obstructions in floodplains, which increase flood heights and velocities, and by the occupancy in flood-prone areas by uses that are vulnerable to floods, or hazardous to other properties, because they are inadequately elevated, flood proofed, or otherwise protected from flood damages. Therefore, the regulations set forth in this section are designed to:
(1) Restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion or increased flood heights or velocities;
(2) Require that uses that are vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers that accommodate and restrain floodwaters;
(4) Prevent or control filling, grading, dredging, and other development that may increase erosion or flood damage;
(5) Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards to other lands;
(B) Objectives
The objectives of this ordinance are to:
(1) Protect human life, safety, and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) Minimize prolonged business losses and interruptions;
(5) Minimize damage to public facilities and utilities (i.e. water and gas mains, electric, telephone, cable and sewer lines, streets, and bridges) that are located in flood prone areas;
(6) Minimize damage to private and public property due to flooding;
(7) Make flood insurance available to the community through the National Flood Insurance Program;
(8) Maintain the natural and beneficial functions of floodplains;
(9) Help maintain a stable tax base by providing for the sound use and development of flood prone areas; and
(10) Ensure that potential buyers are aware that property is in a Special Flood Hazard Area.
(C) The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This section does not imply that land outside the Special Flood Hazard Area will be free from flooding or flood damages. Neither shall this section create liability on the part of Cary or by any officer or employee thereof for any flood damages that result from reliance on this section, or any administrative decision lawfully made hereunder.
(D) In the interpretation and application of this section, all provisions shall be considered as minimum requirements, shall be liberally construed in favor of Cary, and shall be deemed neither to limit nor repeal any other powers granted to Cary under state statutes.
(E) This Section 14.7 shall be enforced by the Town Manager or designee. Any person who fails to comply with any provision of this Section 14.7 shall be in violation of this Ordinance.