CHAPTER 91: FLOOD DAMAGE PREVENTION
Section
General Provisions
   91.01   Statutory authorization
   91.02   Findings of fact
   91.03   Statement of purpose
   91.04   Objectives
   91.05   Definitions
   91.06   Lands to which this chapter applies
   91.07   Basis for establishing the special flood hazard areas
   91.08   Establishment of floodplain development permit
   91.09   Compliance
   91.10   Abrogation and greater restrictions
   91.11   Interpretation
   91.12   Warning and disclaimer of liability
Administration
   91.20   Designation of Floodplain Administrator
   91.21   Floodplain development application, permit and certification requirements
   91.22   Duties and responsibilities of the Floodplain Administrator
   91.23   Corrective procedures
   91.24   Variance procedures
Provisions for Flood Hazard Reduction
   91.40   General standards
   91.41   Specific standards
   91.42   Standards for floodplains without established base flood elevations
   91.43   Standards for riverine floodplains with BFE but without established floodways or non-encroachment areas
   91.44   Floodways and non-encroachment areas
   91.45   Standards for areas of shallow flooding(Zone AO)
Legal Status Provisions
   91.60   Effect on rights and liabilities under the existing flood damage prevention ordinance
   91.61   Effect upon outstanding floodplain development permits
 
   91.99   Penalty
GENERAL PROVISIONS
§ 91.01 STATUTORY AUTHORIZATION.
   The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter l43; and Article 8 of Chapter 160A of the N.C. General Statutes, delegated to local governmental units the responsibility to adopt regulations designed to promote the public health, safety, and general welfare.
(Ord., passed 8-23-89; Am. Ord., passed 11-22-05; Am. Ord., passed 4-25-18)
§ 91.02 FINDINGS OF FACT.
   (A)   The flood prone areas within the jurisdiction of the Village of Walnut Creek 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 8-23-89; Am. Ord., passed 11-22-05; Am. Ord., passed 4-25-18)
§ 91.03 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 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 8-23-89; Am. Ord., passed 11-22-05; Am. Ord., passed 4-25-18)
§ 91.04 OBJECTIVES.
   The objectives of this chapter are to:
   (A)   Protect human life, safety, and health;
   (B)   Minimize expenditure of public money for costly flood control projects;
   (C)   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
   (D)   Minimize prolonged business losses and interruptions;
   (E)   Minimize damage to public facilities and utilities (i.e. water and gas mains, electric, telephone, cable and sewer lines, streets, and bridges) that are located in flood prone areas;
   (F)   Minimize damage to private and public property due to flooding;
   (G)   Make flood insurance available to the community through the National Flood Insurance Program;
   (H)   Maintain the natural and beneficial functions of floodplains;
   (I)   Help maintain a stable tax base by providing for the sound use and development of flood prone areas; and
   (J)   Ensure that potential buyers are aware that property is in a Special Flood Hazard Area.
(Ord., passed 8-23-89; Am. Ord., passed 11-22-05; Am. Ord., passed 4-25-18)
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