ORD-2007-002 - Amendment to the Flood Damage Prevention Ordinance

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12/12/2006 TUB 16:44 FA7C Page 3 of 8 liabilities that have accrues thereunder are reser<+ed and may be enforced. The enactment of this ordinance shall not affocf any action, suit or proceeding instituted or pending. All provisions of the flood damage prevention ordinance of _ (concnnutity) enacted on - _ (orig~inat adoption date of this ordinance), as amended, which are not reenacted herein are repealed. See Article 6, Section A.of the North Carolina Flood Damage Prevention Ordinance. (Emphasis - added). - B'. The rIational Flood Insurance Program. - The National Flood Insurance Program (NFIIi') at 42 U.S.C. 4001 et. seq., seeks "as a matter of national policy, a reasonable method of sharing the risk of flood losses ...through a program of flood insurance which-can complement and encourage preventive and protective measures " Specifically; the NF1F's purpose is io ... {3) requ'ue states or local communities, as a condition of future Fcdetal financial assistance, m participate in the flood insurance program and to adopt adequate floodplain ordinances with effective enforcement provisions consistent with Federal standards to reduce or avoid future flood lasses ..-.. 42 U.S.C. 4002. FEMA impleri~ents the NFII'. FEMA is authorized m make flood insurance available only in communities that have adopted floodplain management regulations that meet minimum NFIP standards and that are enforcing ilioise regulations in flood hazard areas. The NFlP Act provides -that "After December 31, 1971, no new flood insurance coverage shall be provided under this title in any area (or subdivision thereof) unless an appropriate public liody shaII have adopted adequate land-use and control measures (with effective enforceanent provisions} which the Director finds are consistent with the comprehensive criteria for land management and use under 42 U.S:C.4102." C. Legislative Power of the State Vested in t>he Legislattcre. The North Carolina Constitution provides that the legislative power of the State is v_ ested in the General Assembly. N.C. Const. art. II, § I. Normally, legislative power cannot be delegated except as authorized by the Constitution. State ex red. Taylor v. Carolina Racing Assn, 241 N.C. S0, 84 S.E.2d 390 (1954); Gardner v City of Reidsville. 269 N.C. 681, 153 S.E.2d 139 (1967). Although this legislative power vests exclusively in the General Assembly and may not be delegated, there is an exception to this rule as it pertains to cities, towns, or - - counties. Orate ex rel Tayjgr, v Carolina Racing Assn 241 N.C. 80, 84 S.E.2d 390 {1964); Gardner v.City of Reidsville, 269 N.C. 581, 153 S.E.2d 139 (1967}. Power may be~delegated to municipalities and the "ordinary restrictions with reffpect to the delegation of power... do not -apply to cities, towns, or_caunties." )?(.emmer v. Matthewson. 28l N.C. 722,190 S.E2d 204 ®014/021 10