Laserfiche WebLink
- The use complies with all other applicable laws and regulations. The statute <br />authorizes priority ratings for local government applications for revolving <br />loans or grants based on adoption of a local comprehensive land use plan, a <br />zoning ordinance, or other measure that significantly contributes to the <br />implementation of the comprehensive land use plan and a flood hazard <br />ordinance. <br />4. The Floodplain Act also instructed the Environmental Review Commission to study <br />and reports its findings to the 2002 General Assembly on the need to: <br />- Increase the minimum elevation requirements <br />- Increase the authority of the Secretary of Crime Control and Public <br />Safety to enforce the new statute <br />- Increase protection against the potential recurrence of damage to public <br />and private property that resulted from the hurricanes of 1999, and other <br />measures to reduce the likelihood that public assistance will be needed in <br />response to future hurricanes and other storm events. <br />F. Planning - In order to exercise the regulatory powers conferred by the General Statutes, <br />local governments in North Carolina are required to create or designate a planning agency <br />(NCGS 160A -3 87). The planning agency may perform a number of duties, including: make <br />studies of the area; determine objectives; prepare and adopt plans for achieving those <br />objectives; develop and recommend policies, ordinances, and administrative means to <br />implement plans; and perform other related duties (NCGS 160A -361). The importance of the <br />planning powers of local governments is emphasized in NCGS 160A -383, which requires <br />that zoning regulations be made in accordance with a comprehensive plan. While the <br />ordinance itself may provide evidence that zoning is being conducted "in accordance with a <br />plan ", the existence of a separate planning document ensures that the government is <br />developing regulations and ordinances that are consistent with the overall goals of the <br />community. <br />G. Subdivision Regulation <br />1. Subdivision regulations control the division of land into parcels for the purpose of <br />building development or sale. Flood- related subdivision controls typically require <br />installation of adequate drainage facilities, and design water and sewer systems to <br />minimize flood damage and contamination. They prohibit the subdivision of land subject <br />to flooding unless flood hazards are overcome through filling or other measures and <br />prohibit filling of floodway areas. They require that subdivision plans be approved prior <br />to the sale of land. Subdivision regulations are a more limited tool than zoning and only <br />indirectly affect the type of use made of land or minimum specifications for structures. <br />2. Broad subdivision control enabling authority for municipalities is granted in NCGS <br />160 -371, and in 153 -330 for counties outside of municipalities and municipal <br />extraterritorial areas. Subdivision is defined as all divisions of a tract or parcel of land <br />into two or more lots and all divisions involving a new street. (NCGS 160A -376). The <br />definition of subdivision does not include the division of land into parcels greater than 10 <br />acres where no street right -of -way dedication is involved (NCGS 160A- 376(2)). <br />Annex C County Capability Assessment C -5 <br />December 2009 <br />Attachment number 11 <br />F -6 Page 141 <br />