(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)