CHAPTER 151:  FLOOD DAMAGE PREVENTION
Section
General Provisions
   151.01   Statutory authorization
   151.02   Findings of fact
   151.03   Statement of purpose
   151.04   Objectives
   151.05   Definitions
   151.06   Lands to which this chapter applies
   151.07   Basis for establishing the special flood hazard areas
   151.08   Compliance
   151.09   Abrogation and greater restrictions
   151.10   Interpretation
   151.11   Warning and disclaimer of liability
Flood Hazard Reduction
   151.25   General standards
   151.26   Specific standards
   151.27   Standards for floodplains without established base flood elevations
   151.28   Standards for riverine floodplains with BFE but without established floodways or non-encroachment areas
   151.29   Floodways and non-encroachment areas
Administration, Enforcement, Legal Provisions
   151.40   Designation of Floodplain Administrator; duties and responsibilities
   151.41   Floodplain development permit required; application and certification requirements
   151.42   Corrective procedures
   151.43   Variance procedures
   151.44   Effect on rights and liabilities under existing flood damage prevention ordinance
   151.45   Effect upon outstanding floodplain development permits
   151.46   Effective date
 
   151.99   Penalty
GENERAL PROVISIONS
§ 151.01  STATUTORY AUTHORIZATION.
   The Legislature of the state has (in G.S. Ch. 143, Art. 21, Part 6; Ch. 153A, Art. 18, Parts 3 and 4; and Ch. 153A, Art. 6, Part 121) delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.
(Ord. passed 6-6-2005)
§ 151.02  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 of uses vulnerable to floods or other hazards.
(Ord. passed 6-6-2005)
§ 151.03  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 such 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 flood waters;
   (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 flood waters or which may increase flood hazards to other lands.
(Ord. passed 6-6-2005)
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