Legal Documents of Baxter

Code of Baxter

Table of Contents » Title 14 Zoning and Land Use Control » Chapter 3 Municipal Floodplain Zoning Ordinance » § 14-301 Statutory authorization, findings of fact, purpose and objectives.
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14
Title 14
14-1
Title 14, Chapter 1
14-101
§ 14-101
Baxter
Title 14 : Zoning and Land Use Control
Chapter 3 : Municipal Floodplain Zoning Ordinance

14-301 : Statutory authorization, findings of fact, purpose and objectives.

  1. Statutory authorization. The Legislature of the State of Tennessee has in Tennessee Code Annotated, §§ 13-7-201 to 13-7-210, 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 City of Baxter, Tennessee, Mayor and Board of Councilmen, do ordain as follows:
  2. Findings of fact.


    1. The City of Baxter, Tennessee, Mayor and its Legislative Body wishes to establish eligibility in the National Flood Insurance Program (NFIP) and in order to do so must meet the NFIP regulations found in title 44 of the Code of Federal Regulations (CFR), ch. 1, § 60.3.
    2. Areas of the City of Baxter, Tennessee are subject to periodic inundation which could result in loss of life and 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 adversely affect the public health, safety and general welfare.
    3. Flood losses are caused by the cumulative effect of obstructions in floodplains, causing increases in flood heights and velocities; by uses in flood hazard areas which are vulnerable to floods; or construction which is inadequately elevated, floodproofed, or otherwise unprotected from flood damages.
  3. Statement of purpose. It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas. This ordinance is designed to:


    1. Restrict or prohibit uses which are vulnerable to flooding or erosion hazards, or which result in damaging increases in erosion, flood heights, or velocities;
    2. Require that uses vulnerable to floods, including community facilities, 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 flood damage or erosion; and
    5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
  4. Objectives. The objectives of this ordinance are:


    1. To protect human life, health, safety and property;
    2. To minimize expenditure of public funds for costly flood control projects;
    3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
    4. To minimize prolonged business interruptions;
    5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodprone areas;
    6. To help establish a stable tax base by providing for the sound use and development of floodprone areas to minimize blight in flood areas;
    7. To ensure that potential homebuyers are notified that property is in a floodprone area; and
    8. To establish eligibility for participation in the NFIP. (2011 Code, § 14-301)