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AN ORDINANCE AMENDING THE CABARRUS COUNTY CODE OF ORDINANCES _ BE IT ORDAINED that the Cabarrus County Code of Ordinances is hereby amended as follows: CHAPTER 38 ARTICLE II. FLOOD DAMAGE PREVENTION ORDINANCE Change ordinance as follows: When floodway is used in existing ordinance, change to floodway and non-encroachment area and add sections in red to the ordinance as follows: ARTICLE II. FLOOD DAMAGE PREVENTION* *State law references: Authority to acquire or improve beach erosion control and flood and hurricane protection works, G.S. 153A-438. DIVISION 1. GENERALLY Sec. 38-26. Statutory authorization of article. The legislature of the state has in G.S. 153A-121 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 county commissioners do ordain this article. (Ord. of 2-16-87, art. 1, § A; Ord. of 10-17-94, art. 1, § A) Sec. 38-27. Findings of fact. (a) The flood hazard areas of the county are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and 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. (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 hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages. (Ord. of 2-16-87, art. 1, § B; Ord. of 10-17-94, art. 1, § B) Sec. 38-28. Statement of purpose of article. It is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Restrict and prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which 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 which are involved in the accommodation of floodwaters; (4) Control filling, grading, dredging and other development which may increase erosion or flood damage; and G-1 Item# 11 Attachment number 2 Page 111 of 185