CHAPTER 152: FLOODS
Section
General Provisions
   152.01   Statutory authority
   152.02   Finding of facts
   152.03   Statement of purpose
   152.04   Objectives
   152.05   Definitions
   152.06   Lands to which this chapter applies
   152.07   Basis for establishing the special flood hazard areas
   152.08   Establishment of floodplain development permit
   152.09   Compliance
   152.10   Abrogation and greater restrictions
   152.11   Interpretation
   152.12   Warning and disclaimer of liability
   152.13   Effect on rights and liabilities under the existing flood damage prevention ordinance
   152.14   Effect upon outstanding floodplain development permits
   152.15   Effective date
Administration
   152.30   Designation of Floodplain Administrator
   152.31   Floodplain development application permit and certification requirements
   152.32   Duties and responsibilities of Floodplain Administrator
   152.33   Corrective procedures
   152.34   Variance procedures
Flood Hazard Reduction
   152.50   General standards
   152.51   Specific standards
   152.52   Standards for floodplains without established base flood elevations
   152.53   Standard for riverine floodplains with base flood elevations but without established floodways or non-encroachments areas
   152.54   Floodways and non-encroachment areas
 
   152.99   Penalty
GENERAL PROVISIONS
§ 152.01 STATUTORY AUTHORITY.
   (A)   The legislature of the state has, in G.S. Part 6, Art. 21 of Ch. 143; G.S. Parts 3, 5 and 8 of Art. 19 of Ch. 160A; and G.S. Art. 8 of Ch. 160A, delegated to local governmental units the responsibility to adopt regulations designed to promote the public health, safety and general welfare.
   (B)   Therefore, the Town Council does ordain as follows.
(Ord. passed 8-24-2009)
§ 152.02 FINDING OF FACTS.
   (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 8-24-2009)
§ 152.03 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 the 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 flood waters or which may increase flood hazards to other lands.
(Ord. passed 8-24-2009)
Loading...