CHAPTER 152:  FLOOD DAMAGE PREVENTION

Section

General Provisions

   152.01   Authorization, findings and purpose

   152.02   Objectives

   152.03   Definitions

   152.04   Lands to which this chapter applies

   152.05   Basis for establishing the special flood hazard areas

   152.06   Establishment of floodplain development permit

   152.07   Compliance

   152.08   Abrogation and greater restrictions

   152.09   Interpretation

   152.10   Warning and disclaimer of liability

Administration

   152.20   Designation of Floodplain Administrator

   152.21   Floodplain development application, permit and certification requirements

   152.22   Duties and responsibilities of the Floodplain Administrator

   152.23   Corrective procedures

   152.24   Variance procedures

Provisions for Flood Hazard Reduction

   152.35   General standards

   152.36   Specific standards

   152.37   Standards for floodplains without established base flood elevations

   152.38   Riverine floodplains with BFE, but without established floodways or non-encroachment areas

   152.39   Floodways and non-encroachment areas

   152.40   Standards for areas of shallow flooding (Zone AO)

Legal Status Provisions

   152.50   Effect on rights and liabilities under the existing flood damage prevention provisions

   152.51   Effect upon outstanding floodplain development permits

   152.99   Penalty

GENERAL PROVISIONS

§ 152.01 AUTHORIZATION, FINDINGS AND PURPOSE.

   (A)   Statutory authorization.

      (1)   Municipal: the legislature of the state has in G.S. §§ 143-6-21, 160A-19-3, 160A-19-5, 160A-19-8 and 160A-8, delegated to local governmental units the responsibility to adopt regulations designed to promote the public health, safety and general welfare.

      (2)   County: the legislature of the state has in G.S. §§ 143-6-21, delegated to local governmental units the responsibility to adopt regulations designed to promote the public health, safety and general welfare. Therefore, the Town Board of Commissioners does ordain as follows.

   (B)   Findings of fact.

      (1)   The flood prone areas within the jurisdiction of town are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

      (2)   These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities and by the occupancy in flood prone areas of uses vulnerable to floods or other hazards.

   (C)   Statement of purpose. It is the purpose of this chapter to promote public health, safety and general welfare and to minimize public and private losses due to flood conditions within flood prone areas by provisions designed to:

      (1)   Restrict or prohibit uses that are dangerous to health, safety and property due to water or erosion hazards or that result in damaging increases in erosion, flood heights or velocities;

      (2)   Require that uses vulnerable to floods, including facilities that serve those 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, which are involved in the accommodation of flood waters;

      (4)   Control filling, grading, dredging and all other development that may increase erosion or flood damage; and

      (5)   Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or which may increase flood hazards to other lands.

(Ord. passed 2-3-2009)

§ 152.02 OBJECTIVES.

   The objectives of this chapter are to:

   (A)   Protect human life, safety and health;

   (B)   Minimize expenditure of public money for costly flood control projects;

   (C)   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

   (D)   Minimize prolonged business losses and interruptions;

   (E)   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;

   (F)   Help maintain a stable tax base by providing for the sound use and development of flood prone areas; and

   (G)   Ensure that potential buyers are aware that property is in a special flood hazard area.

(Ord. passed 2-3-2009)