(A) An applicant for a minor subdivision or for final plat approval for a major subdivision shall be informed by the Administrator of the use and construction restrictions contained in this chapter if any portion of the land to be subdivided lies within a floodway, non-encroachment area, or floodplain.
(B) Final plat approval for any subdivision containing land that lies with a floodway, non-encroachment area, or floodplain shall not be given unless the plat shows the boundary of the floodway, non-encroachment area, or floodplain and contains, in clearly discernable print, the following statement:
“Use of land within a floodway, non-encroachment area or floodplain is substantially restricted by Chapter 10 of the Codified Ordinances of the town and relevant section of the State of North Carolina Building Code.”
(C) (1) Subject to the following, approval of a minor subdivision or final plat approval for a major subdivision may not be granted if:
(a) The land to be subdivided lies within a zone where residential uses are permissible and it reasonably appears that the subdivision is designed to create residential building lots;
(b) Any portion of one or more of the proposed lots lies within a floodway, non-encroachment area, or floodplain; and
(c) It reasonably appears that one or more lots described in this division (C)(1) and division (C)(2) below could not practicably be used as a residential building site because of the restrictions set forth in this chapter.
(2) The foregoing provision shall not apply if the developer demonstrates, to the reasonable satisfaction of the approving authority, that the proposed lots are not intended for sale as residential building lots.
(D) In areas with floodplains without established base flood elevations (BFE), all subdivisions, manufactured home parks, and other development proposals shall provide BFE data if the development is greater than five acres or has more than 50 lots or manufactured home sites. Such BFE data shall be adopted by reference to be utilized in implementing this chapter.
(2003 Code, § Ch. 10, Art. 4, § C)