§ 15-137. Suitability of land

(a) Land which has been determined by the building inspector on the basis of engineering or other expert surveys to pose an ascertainable danger to life or property by reason of its unsuitability for the use proposed shall not be platted for that purpose, unless and until the subdivider has taken the necessary measures to correct said conditions and to eliminate the dangers.

(b) Areas that have been used for disposal of solid waste shall not be subdivided into building sites unless tests by the New Hanover County health department, a structural engineer, and a soils engineer determine that the land is suitable for the purpose proposed.

(c) The National Flood Insurance Program (44 CFR 60.3(e)) establishes minimum flood plain management standards for designated flood prone communities. The designated communities must regulate subdivision proposals and can require the developer to make any necessary revision to minimize the flood damage potential. For subdivisions in special flood hazard areas, the following standards are required:

(1) All subdivision proposals shall be consistent with the need to minimize flood damage;

(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

(4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty (50) lots or five (5) acres (whichever is less).

(d) All lots, structures and utilities shall comply with the applicable areas of environmental concern (AEC) standards, as amended, in accordance with the state guidelines for AEC's (15 NCAC 7H) pursuant to the Coastal Area Management Act of 1974.

(Ord. of 9-15-81, § 402)