ORD-2005-127 - Ordinance Amending the County Flood Damage Prevention Ordinance

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oRA;) 74 ORDINANCE 5 October 3, 2005 AN ORDINANCE AMENDING THE COUNTY FLOOD DAMAGE PREVENTION ORDINANCE DIVISION 1. GENERALLY Sec. 42 -31 Statutory authorization. The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3 and 4 of Article 18 of Chapter 153A; and Part 121, Article 6 of Chapter 153A of the North Carolina General Statutes, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of Commissioners of Orange County, North Carolina, does ordain as follows: (Ord. of 8 -28- 1995, § 1.1, eff. 8 -28 -1995) Sec. 42 -32 Findings of fact. a) The flood prone areas within the jurisdiction of Orange 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. 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 by uses vulnerable to floods or hazards to other lands, which are inadequately elevated, flood proofed, or otherwise unprotected from flood damages. (Ord. of 8 -28 -1995, § 1.1, eff. 8 -28 -1995, Ord. of 10 -03 -2005, eff. 10 -03 -2005) Sec. 42 -33 Statement of purpose. It is the purpose of this Ordinance 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, which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion, flood heights or velocities; b. Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;