8.4.1 Purpose
The primary purpose of the floodplain and flood damage protection standards is to preserve and maintain the natural floodplain in an undisturbed vegetated state in order to maintain flood storage capacity, control stormwater, improve water quality and conserve plant and wildlife habitat. Additionally, these standards serve to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions within flood prone areas.
In addition, this section serves to facilitate implementation of the Federal Flood Insurance Program and to minimize the possibility that new construction will sustain damage from flooding by:
A. Restricting or prohibiting uses that 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;
B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;
D. Controlling filling, grading, dredging, or other development that may increase erosion or flood damage;
E. Preventing or regulating the construction of flood barriers that unnaturally divert flood waters or that may increase flood hazards to other lands;
F. Minimizing damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in areas of special flood hazard; and
G. Ensuring that property owners and potential property owners are notified that property is a Special Flood Hazard Area or Future Conditions Flood Hazard Area.
Commentary: Losses in floodprone areas are the result of the cumulative effects of obstructions, removal of vegetative cover, and construction practices that cause an increase in flood heights and velocities. Increased flood heights and velocities create a greater threat to land uses and structures that are inadequately elevated, floodproofed, or are otherwise unprotected from flood damage. Occupancy in flood prone areas by uses vulnerable to floods or other hazards can result in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
The degree of flood protection required by this ordinance 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 man-made or natural causes. This ordinance 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 ordinance shall not create liability on the part of Durham City or County or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.