Agenda - 01-23-2007-8a - Laserfiche WebLink

Browse Search

12/12/2006 TUE 16:44 FAX Page 3 of 8 liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this ordinance shall not affect any action, suit or proceeding instituted or pending. All provisions of the flood damage prevention ordinance of _ (comriwnity) enacted on _ (original adoption date of this ordinance), as amended, which are not reenacted herein are repealed.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 National Flood Insurance Program. The National Flood Insurance Program (NFIP) at 42 U.S.C. 4001 el. 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 NFIP's purpose is to ... (3) require states or local communities, as a condition of future Federal financial assi"stance, to 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 losses ..... 42 U.S.C. 4002. FEMA implements the NFIP. FEMA is authorized to make flood insurance available only in communities that have adopted floodplain management regulations that meet minimum NFIP standards and that pre enforcing those regulations in flood hazard areas. The NFIP 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 body shall have adopted adequate land-use and control measures (with effective enforcement 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 the Legislature. The North Carolina Constitution provides that the legislative power of the State is vested in the General Assembly. N.C. Const. art. H, § 1. Normally, legislative power cannot be delegated except as authorized by the Constitution. State ex rel. Taylor v. Carolina Racing Ass'n, 241 N.C. 80, 84 S.E.2d 390 (1954); Gardner v City of Reidsville, 269 N.C, 581, 153 S.E.2d 139 (I967). 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. State ex rel Taylor v. Carolina Racing Ms$n, 241 N.C. 80, 84 S.E.2d 390 (1954); Gardner v.City of Reidsville, 269 N.C. 581, 153 S.E.2d 139 (1967). Power maybe delegated to municipalities and the "ordinary restrictions with respect to the delegation of power... do not apply to cities, towns, or counties " Plemmer v, Matthewson, 281 N.C. 722,190 S.E.2d 204 2014/021 10