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(A) The Flood Hazard Area of the Town is subject to periodic inundation that could result in loss of life and property, hazards to public health and safety, disruption of commerce and governmental services, damage to and disruption of public utilities, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. These losses and hazards are caused by the cumulative effect of obstructions in floodplains, which increase flood heights and velocities, and by the occupancy in flood-prone areas by uses that are vulnerable to floods, or hazardous to other properties, because they are inadequately elevated, flood proofed, or otherwise protected from flood damages. Therefore, the regulations set forth in this section are designed to:
(1) Restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion or in flood heights or velocities;
(2) Require that uses that are vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers that accommodate and restrain floodwaters;
(4) Prevent or control filling, grading, dredging, and other development that may increase erosion or flood damage;
(5) Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards to other lands;
(6) To ensure that potential homebuyers are notified that property is in a flood-prone area.
(B) The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This section does not imply that land outside the Flood Hazard Area will be free from flooding or flood damages. Neither shall this section create liability on the part of the Town or by any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder.
(C) In the interpretation and application of this section, all provisions shall be considered as minimum requirements, shall be liberally construed in favor of the Town, and shall be deemed neither to limit nor repeal any other powers granted to the Town under state statutes.
Cary, NC Land Development Ordinance On-line VIC Version - This site last updated 3/4/2008
Note: This is not the official version of the Cary Land Development Ordinance