Town of Cary, North Carolina - Land Development Ordinance Intro   
7.5.1  Purpose Previous   
7.5.3 Development Restrictions and Related Standards In and Near the Flood Hazard Area Next   
7.5  Flood Damage Prevention Up   

7.5.2  Applicability

(A)     Purpose

This section shall apply to all areas of flood hazard including one percent (1%) annual chance floodplain within the jurisdiction of this Ordinance, and all development in and near such areas shall comply with the requirements of this section.  Areas of one percent (1%) annual chance floodplain include those Special Flood Hazard Areas and Future Conditions Flood Hazard Areas identified by:

(1)      The Federal Emergency Management Agency  (FEMA) or produced under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its Flood Hazard Boundary Map (FHBM) or Flood Insurance Study (FIS) and its accompanying flood maps such as the Flood Insurance Rate Map(s) (FIRM) and/or the Flood Boundary Floodway Map(s) (FBFM), for Wake County dated May 2, 2006, which, are adopted by reference and declared to be a part of this ordinance.  The Special Flood Hazard Areas also include those defined through standard engineering analysis for private developments or by governmental agencies, but which have not yet been incorporated in the FIRM

(2)      Residential development that contains a significant watercourse that has a contributory drainage area of fifty (50) acres or greater shall require the applicant to provide a signed and sealed engineered study prepared by a qualified professional that determines the extent of flooding limits experienced by the one percent (1%) annual chance flood event.              

                 

         

(B)     Exemptions

(1)      All new residential construction and substantial residential improvements proposed on a parcel of land that has no buildable area outside the Special Flood Hazard Area or Future Conditions Flood Hazard Area, and that was recorded prior to June 1978, shall be exempt from the requirements for residential construction set forth in this section, but shall be developed in strict accordance with the requirements for non-residential construction.

(2)      Residential subdivisions submitted for review prior to May 10, 2001, shall be exempted from the requirements prohibiting the platting of lands located within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas, provided the section complies with the requirements in place prior to May 10, 2001.

(3)      Site and/or subdivision plans submitted prior to May 10, 2001, shall be exempted from the special use permit for filling in the flood fringe portion of Special Flood Hazard Areas or Future Conditions Flood Hazard Areas.

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