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ORD-2005-127 - Revisions to the Flood Damage Prevention Ordinance
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ORD-2005-127 - Revisions to the Flood Damage Prevention Ordinance
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Last modified
4/29/2013 11:54:17 AM
Creation date
11/19/2010 4:12:43 PM
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BOCC
Date
9/20/2005
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
5m
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Agenda - 09-20-2005-5m
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\Board of County Commissioners\BOCC Agendas\2000's\2005\Agenda - 09-20-2005
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09/15/2005 <br />A RESOLUTION AND ORDINANCE TO PROVIDE FOR <br />FLOOD DAMAGE PREVENTION IN ORANGE COUNTY <br />Bold Italics =Planning Board Suggestions <br />=Federal & State Modification (see page 5 "Format of Changes to Ordinance" of abstract) <br />WHEREAS, the National Flood Insurance Program incorporated at 42 U.S.C. 4001 -4128 authorizes the <br />establishment of floodplain management regulations applicable to flood -prone areas in Orange County; <br />and, <br />WHEREAS, the State of North Carolina Division of Emergency Management has update regulations <br />regarding development and activities within flood -prone areas; and, <br />WHEREAS, it is the declared policy of Orange County to promote sound land development regulations <br />within the flood -prone areas of Orange County, which promotes the health, welfare, and quality of the <br />lives of the residents of this community and such controls are essential to the economy and quality of <br />life of the community. <br />NOW THEREFORE, pursuant to the authority provided in N.C. General Statute § 153A -121, <br />§ 153A -123 and § 153A -133, the Board of Commissioners of Orange County hereby resolves and <br />ordains as follows: <br />DIVISION 1. GENERALLY <br />Sec. 42 =31 Statutory authorization. <br />The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3 <br />and 4 of Article 18 of Chapter 153A; and Part 121, Article 6 of Chapter 153A of the North Carolina <br />General Statutes, delegated the responsibility to local governmental units to adopt regulations designed <br />to promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of <br />Commissioners of Orange County, North Carolina, does ordain as follows: <br />(Ord. of 8 -28 -1995, § 1.1, eff. 8 -28 -1995) <br />Sec. 42 -32 Findings of fact. Clarification <br />Change a) The flood prone areas within the jurisdiction of Orange County are subject to periodic <br />from inundation, which results in loss of life, property, health and safety hazards, disruption of <br />flood commerce and governmental services, extraordinary public expenditures of flood protection <br />hazard to and relief, and impairment of the tax base, all of which adversely affect the public health, <br />flood safety, and general welfare. <br />prone (1) <br />b) These flood losses are caused by the cumulative effect of obstructions in floodplains causing <br />increases in flood heights and velocities, and by the occupancy in flood prone areas by uses (1) <br />vulnerable to floods or is a hazard to other lands, because the areas are inadequately <br />elevated, flood proofed, or otherwise unprotected from flood damages. (Ord. of 8 -28 -1995, § 1.1, eff. 8 -28 -1995) sm- <br />
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