§ 13.1. Purpose.

13.1.1.

Statutory authorization.

13.1.1.1.

The legislature of the State of North Carolina has in Part 6 of Article 21 of Chapter 143, and Parts 3 (Zoning), 5 (Building inspection) and 8 (Miscellaneous powers), Article 19 of Chapter 160A; and Article 8 (General police powers) of Chapter 160A of the North Carolina General Statutes, delegated the responsibility to incorporated cities and towns to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.

13.1.1.2.

The legislature of the State of North Carolina has in Part 6 of Article 21 of Chapter 143, and Parts 3 and 4 of Article 18 of Chapter 153A; and Article 6 of Chapter 153A of the North Carolina General Statutes, delegated the responsibility to counties to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.

13.1.2.

Findings of fact. The flood hazard areas of Lee County, Sanford and the Town of Broadway are subject to periodic inundation which results in the 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. These flood losses are created by the cumulative effect of obstructions in floodplains, causing increases in flood heights and velocities and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed or otherwise unprotected from flood damages.

13.1.3.

Statement of purpose. It is the purpose of this Article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

13.1.3.1.

Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities;

13.1.3.2.

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

13.1.3.3.

Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters;

13.1.3.4.

Control filling, grading, dredging and other development which may increase erosion or flood damage; and

13.1.3.5.

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or, which may increase flood hazards to other lands.

13.1.4.

Objectives. The objectives of this article are:

• To protect human life and health;

• To minimize expenditure of public money for costly flood control projects;

• To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

• To minimize prolonged business interruptions.

(Ord. of 9-19-2005)