CHAPTER 151: FLOOD DAMAGE PROTECTION
Section
Administrative Provisions
   151.001   Statutory authorization
   151.002   Findings of fact
   151.003   Statement of purpose
   151.004   Objectives
   151.005   Definitions
General Provisions
   151.020   Lands to which this chapter applies
   151.021   Basis for establishing the special flood hazard areas
   151.022   Establishment of floodplain development permit
   151.023   Compliance
   151.024   Abrogation and greater restrictions
   151.025   Interpretation
   151.026   Warning and disclaimer of liability
Administration
   151.040   Designation of Floodplain Administrator
   151.041   Floodplain development application, permit and certification requirements
   151.042   Duties and responsibilities of the Floodplain Administrator
   151.043   Corrective procedures
   151.044   Variance procedures
Provisions for Flood Hazard Reduction
   151.060   General standards
   151.061   Specific standards
   151.062   Standards for floodplains without established base flood elevations
   151.063   Standards for riverine floodplains with base flood elevations, but without established floodways or non-encroachment areas
   151.064   Floodways and non-encroachment areas
Legal Status Provisions
   151.080   Effect on rights and liabilities under the existing flood damage prevention ordinance
   151.081   Effect upon outstanding floodplain development permits
 
   151.999   Penalty
ADMINISTRATIVE PROVISIONS
§ 151.001 STATUTORY AUTHORIZATION.
   (A)   The legislature of this state has in G.S. Chapter 143, Article 21, Part 6; G.S. Chapter 160A, Article 19, Parts 3, 5 and 8; and G.S. Chapter 160A, Article 8, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare.
   (B)   Therefore, the Board of Commissioners of the town does ordain as follows in this chapter.
(Ord. eff. 10-6-2003; Ord. eff. 3-12-2012; Ord. eff. 8-11-2014; Ord. eff. 11-10-2014)
§ 151.002 FINDINGS OF FACT.
   (A)   The flood-prone areas within the jurisdiction of the 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.
   (B)   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 by uses vulnerable to floods or other hazards.
(Ord. eff. 10-6-2003; Ord. eff. 3-12-2012; Ord. eff. 8-11-2014; Ord. eff. 11-10-2014)
§ 151.003 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:
   (A)   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;
   (B)   Require that uses vulnerable to floods, including facilities that serve those uses, be protected against flood damage at the time of initial construction;
   (C)   Control the alteration of natural floodplains, stream channels and natural protective barriers, which are involved in the accommodation of floodwaters;
   (D)   Control filling, grading, dredging and all other development that may increase erosion or flood damage; and
   (E)   Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards to other lands.
(Ord. eff. 10-6-2003; Ord. eff. 3-12-2012; Ord. eff. 8-11-2014; Ord. eff. 11-10-2014)
§ 151.004 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 home buyers are aware that property is in a special flood hazard area.
(Ord. eff. 10-6-2003; Ord. eff. 3-12-2012; Ord. eff. 8-11-2014; Ord. eff. 11-10-2014)
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