Secondary and Cumulative Impacts Master Management Plan - 2014

Article 3: Zoning Districts Section 3.8. Overlay Districts 3.8.3. Floodplain Overlay (FO) District

the occupancy in flood prone areas of uses vulnerable to floods increase the likelihood of loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which could adversely affect the public health, safety and general welfare. 2. The purpose of the Floodplain Overlay District is to minimize these risks and losses by provisions designed to: a. Protect human life and health; b. Minimize expenditure of public money for costly flood control projects; c. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; d. Minimize prolonged business losses and interruptions; e. Minimize damage to public facilities and utilities (i.e. water and gas mains, electric, telephone, cable and sewer lines, streets and bridges) that are located in flood prone areas; f. Help maintain a stable tax base by providing for the sound use and development of flood prone areas; and g. Ensure that potential buyers are aware that property is in a Special Flood Hazard Area or Future Conditions Flood Hazard Area. B. Applicability 1. The Floodplain Overlay (FO) District applies to all land within any Special Flood Hazard Area or a Future Conditions Flood Hazard Area within the corporate limits and extraterritorial jurisdiction of the Town of Morrisville. Special Flood Hazard Areas and Future Conditions Flood Hazard Areas shall be as determined under the Cooperating Technical State (CTS) agreement between the State of North Carolina and the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) dated [insert appropriate date] for Wake County and associated DFIRM panels, which are adopted by reference as part of this Ordinance. Future revisions to the FIS or DFIRM panels that do not change flood hazard data within the jurisdiction of Morrisville are also adopted by reference as part of this Ordinance. 2. Within the Floodplain Overlay (FO) District, no structure shall be located, extended, converted, or altered, and no development activity shall occur, in any way except after approval of a Floodplain Development Permit in accordance with 2.5.9, Floodplain Development Permit, and in full compliance with the provisions of Section 5.6, Floodplain Management. 3. The degree of flood protection required by the Floodplain Overlay District is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by manmade or natural causes. This section does not imply that land outside the Special Flood Hazard Areas and Future Conditions Flood Hazard Areas or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Town or by any Town officer or employee for any flood damages that result from reliance on Floodplain Overlay District regulations or any administrative decision lawfully made in accordance with such regulations.

June 2013 Page 3-72

Morrisville, NC

Unified Development Ordinance - Public Hearing Draft