(A) Statutory authorization. The Legislature of the state has, in Neb. RS 31-1001 to 31-1022 (as amended), assigned the responsibility to local governmental units to adopt floodplain management regulations designed to protect the public health, safety, and general welfare. Therefore, the Village Board ordains as follows in this chapter.
(B) Findings of fact.
(1) Flood losses resulting from periodic inundation. The flood hazard areas of the village are subject to inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
(2) General causes of the flood losses. These flood losses are caused by:
(a) The cumulative effect of obstructions in floodplains causing increases in flood heights and velocities; and
(b) The occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others, which are inadequately elevated or otherwise unprotected from flood damages.
(C) Statement of purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize those losses described in division (B)(1) above by applying the provisions of this chapter to:
(1) Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction;
(3) Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard; and
(4) Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance Program.
(Ord. 2008-6, passed 11-13-2008)