(A) Statutory authorization. The Legislature of the State of North Carolina has in G.S. Ch. 143, Art. 21, part 6 and Ch. 160D, Art. 9, part 2 delegated to local governmental units the responsibility to adopt regulations designed to promote the public health, safety, and general welfare.
(B) Findings of fact.
(1) The flood prone areas within the jurisdiction of Surry County 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.
(2) 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.
(C) Statement of purpose. It is the purpose of this subchapter is 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:
(1) 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;
(2) Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels and natural protective barriers, which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and all other development that may increase erosion or flood damage; and
(5) Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters, or which may increase flood hazards to other lands.
(D) Objectives. The objectives of this subchapter are:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the public;
(4) To minimize prolonged business losses and interruptions;
(5) To minimize damage to public facilities and utilities (i.e., water and gas mains, electric, telephone, cable and sewer lines, streets, and bridges) that are in flood prone areas;
(6) To help maintain a stable tax base by providing for the sound use and development of flood prone areas; and
(7) To ensure that potential buyers are aware that property is in a special flood hazard area.
(E) Lands to which subchapter applies. This subchapter shall apply to all special flood hazard areas within the land use jurisdiction of Surry County.
(F) Basis for establishing special flood hazard areas.
(1) The special flood hazard areas are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its Flood Insurance Study (FIS) and its accompanying Flood Insurance Rate Map(s) (FIRM) for Surry County, dated November 18, 2016, which are adopted by reference and declared to be a part of this chapter. The special flood hazard areas also include those defined through standard engineering analysis for private developments or by governmental agencies, but which have not yet been incorporated in the FIRM.
(2) This includes, but is not limited to:
(a) Detailed flood data generated as a requirement of § 154.017-01;
(b) Preliminary FIRMs were more stringent than the effective FIRM; or
(c) Post-disaster flood recovery maps.
(G) Compliance. No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without the compliance with the terms of this subchapter and other applicable regulations.
(H) Abrogation and greater restrictions. This subchapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this subchapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(I) Interpretation. In the interpretation and application of this subchapter, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
(J) Warning and disclaimer of liability. The degree of flood protection required by this subchapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by human-made or natural causes. This subchapter does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This subchapter shall not create liability on the part of Surry County or by any officer or employee thereof for any flood damages that result from reliance on this subchapter, or any administrative decision lawfully made hereunder.
(Ord. passed 4-17-2023)