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AG 2002 08 19 (Regular)
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AG 2002 08 19 (Regular)
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Last modified
3/2/2006 5:01:40 PM
Creation date
11/27/2017 11:43:52 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
8/19/2002
Board
Board of Commissioners
Meeting Type
Regular
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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: - Increase the minimum elevation requirements <br /> - Increase the authority of the Secretary of Crime Control and Public Safety to enforce <br />the new statute <br /> - Increase protection against the potential recurrence of damage to public and private <br />property that resulted from the hurricanes of 1999, and other measures to reduce the likelihood <br />that public assistance will be needed in response to future hurricanes and <br />other storm events. <br /> <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 objectives; <br />develop and recommend policies, ordinances, and administrative means to implement plans; and <br />perform other related duties (NCGS 160A-361). The importance of the planning powers of local <br />governments is emphasized in NCGS 160A-383, which requires that zoning regulations be made <br />in accordance with a comprehensive plan. While the ordinance itself may provide evidence that <br />zoning is being conducted "in accordance with a plan", the existence of a separate planning <br />document ensures that the government is developing regulations and ordinances that are <br />consistent with the overall goals of the community. <br /> <br />G. Subdivision Regulation <br /> <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 that <br />subdividers install adequate drainage facilities, and design water and sewer systems to minimize <br />flood damage and contamination. They prohibit the subdivision of land <br />subject 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 to the <br />sale of land. Subdivision regulations are a more limited tool than zoning and only indirectly <br />affect the type of use made of land or minimum specifications for <br />structures. <br /> <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 extraterritorial <br />areas. Subdivision is defined as all divisions of a tract or parcel of land into two or more lots and <br />all divisions involving a new street. (NCGS 160A-376). The definition of subdivision does not <br />include the division of land into parcels greater than 10 acres where no street right-of-way <br />dedication is invOlved (NCGS 160A-376(2)). <br /> <br /> 3. The community thus possesses great power (in theory, anyway) to prevent unsuitable <br />development in hazard-prone areas. (NCGS 160A, Art. 8. (Delegation and Exercise of the <br />General Police Powers to Cities and Towns); Art. 19 (Planning); Part 3 (Zoning); and 153A. Art. <br />6 (Delegation and Exercise of the General Police Power to Counties; Art. 18 (Planning and <br />Regulation of Development); Part 2 (Subdivision Regulation); Part 3 (Zoning). <br /> <br />Draft Annex C v.3 C-4 1 June 2002 <br /> <br /> <br />
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