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HomeMy WebLinkAboutAgenda - 02-23-2009 - C1 • 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 23, 2009 Action Agenda Item No. C.. i SUBJECT: Subdivision Regulations, Zoning Ordinance, and Atlas Amendments to create a new Zoning Ordinance Overlay District and incorporate flood protection standards. DEPARTMENT: Orange County Planning PUBLIC HEARING: (Y/N) Yes ATTACHMENTS: INFORMATION CONTACT: 1. November 7, 2008 NC Emergency Craig Benedict, Director 245-2592 Management letter 2. Checklist attachment to NCEM letter Glenn Bowles, Planner ll 245-2577 3. November 12, 2008 letter to Ken Ashe 4. Update of County floodplain activities 5. Amendments to the Zoning Ord. & Subdivision Regulations 6. Proposed Zoning Atlas Amendments 7. Notification letters and Certification of Mailing PURPOSE: To receive public comments on proposed amendments to the Subdivision Regulations, Zoning Ordinance, and Zoning Atlas to create a new Zoning Ordinance Overlay District from the Flood Insurance Rate Map (FIRM) and to incorporate flood protection standards of the Flood Damage Prevention Ordinance (FDPO) standards into the text of both regulations. BACKGROUND: Responding to the Community Assistance Visit of August 21 and 22, 2008, the County received a November 7, 2008 letter from Mr. Ken Ashe, of the North Carolina Emergency Management Division, outlining necessary revisions to the Flood Damage Prevention Ordinance. A checklist was attached to the November 7th letter (See Attachments 1 and 2 for the letter and checklist.). The County responded to Mr. Ashe's letter on November 12th and requested a time extension to adequately schedule for inclusion of the amendments at the next available Quarterly Public Hearing (February 23, 2009). The changes proposed do not amend the adopted February 2, 2007 flood insurance rate maps (FIRMs), except for the FEMA-approved revisions since then. In coordination with the amendments to the FDPO, the County Attorney recommended that the required amendments to the FDPO and the amended FDPO be incorporated into the Zoning Ordinance as text amendments and a new Special Flood Hazard Area Overlay District, which would be delineated on the Zoning Atlas. 2 Thus the Zoning Ordinance amendments take on five (5) different aspects: 1. Incorporating the amended FDPO text into the Zoning Ordinance text; 2. Making bona fide farming operations subject to Special Flood Hazard Area Overlay District standards, regulations, procedures, and definitions; 3. Creating a new Zoning Overlay District— Special Flood Hazard Areas (SFHA); 4. Affirming the various amendments to the FIRM (future SFHA Overlay District) that FEMA approved on February 2, 2007; and 5. Correcting definitions and references in the Subdivision Regulations to reflect FDPO terminology. From time to time FEMA and its Cooperating Technical State partner, the State of North Carolina Division of Emergency Management, approve Letters of Map Amendment(LOMA), Letters of Map Revision (LOMR), and Summaries of Map Action (SOMA). Since the adoption of the new FEMA Flood Insurance Rate Maps (FIRMs), which became effective on February 2, 2007, FEMA has approved five (5) LOMAs, four (4) LOMR, and one (1) Summary of Map Amendment. The primary objection FEMA voiced to the Orange County FDPO was that these corrections to the FIRM were not specifically listed in the ordinance. A LOMR alters the base flood elevation of the floodplain and the underlying Flood Insurance Study, by lowering or raising the elevation. It is required for any stream crossing or dam removal involving a mapped special flood hazard area (floodplain). LOMRs physically and legally alter FEMA FIRMs. The applicant must notify all surrounding property owners by mail and perform detailed hydrologic and hydraulic analyses to document the alterations. A LOMA is an acknowledgement by FEMA that the mapped floodplain does not reflect the true base flood elevation, as applied to a specific house or accessory building. They are applied for when a property owner believes his or her house, garage, barn, or other structure is inappropriately mapped within a floodplain. An elevation certificate is required to verify the owner's assertions. One of the results of the 2007 BOCC-funding floodplain surveying program is that four property owners were able to receive LOMR approvals that effectively removed their houses from a mapped floodplain. The FIRM and the underlying Flood Insurance Study does not change, but the flood insurance status for the house or accessory structure does. In the case of the Cates Creek Parkway FIRM, before the engineer could determine the correct hydrology and stream hydraulics for the new stream crossing, the flood mapping data had to be corrected. Keeping all FEMA Flood Insurance Rate Maps updated and current is an important maintenance and public information task. Orange County is interested in the latest SOMA only because the FEMA FIRM panel letter suffix has changed and this affects that portion of the FIRM panel within the County's zoning jurisdiction. For informational purposes only, an update of County floodplain activities, which includes enforcement activities, elevation certificate surveying progress final report, recent neighborhood meetings, and recent enforcement activities is included in Attachment 4. Notification letters (Attachment 7) to both affected property owners and property owners within 500 feet of an affected property were mailed out on Friday, February 6, 2009. This is a requirement of our zoning amendment notification process (Section 20.6.3). Because of the • 3 length of the mailing lists, which include over 8,300 separate addresses, the complete list is not included as an Attachment. The list is available for any interested person in the Planning and Inspections Department during normal business hours. Signs were posted in front of the properties affected by LOMA and in the vicinity of properties affected by the LOMR on the same date, February 6, 2009. FINANCIAL IMPACT: While there will be no financial impacts associated with the implementation of amendments to the Subdivision Regulations, Zoning Ordinance, and Zoning Atlas, Section 20.6.3 of the Zoning Ordinance requires that all properties affected by a Zoning Atlas amendment and all properties within 500 feet of an affected property be sent notifications. Over $10,000 was spent to mail out 6,531 postcards and 1,822 certified letters. This cost includes $640 in materials (labels, paper, postcards and envelopes), $7,448 for postage, and $2,100 in staff time. However, not making the revisions to the Flood Damage Prevention Ordinance may put the County at risk of losing its FEMA accreditation. RECOMMENDATION: The Administration recommends the Board: 1. Receive the proposed amendments, 2. Conduct the public hearing to receive public comments on the proposed amendments, a. Incorporating the amended FDPO text into the Zoning Ordinance text; b. Making bona fide farming operations subject to Special Flood Hazard Area Overlay District standards, regulations, procedures, and definitions; c. Creating a new Zoning Overlay District— Special Flood Hazard Areas (SFHA); d. Affirming the various amendments to the FIRM (future SFHA Overlay District) that FEMA approved on February 2, 2007; and e. Correcting definitions and references in the Subdivision Regulations to reflect FDPO terminology. 3. Refer the matter to the Planning Board for a recommendation with a recommendation be submitted back to the BOCC in time for the agenda scheduled for April 21, 2009 BOCC meeting, and 4. Adjourn the public hearing until April 21, 2009 to receive the Planning Board recommendation(s) and any submitted written comments. YYYY • Attachment 1 5 ilrly) North Carolina Department of Crime Control and Public Safety Division of Emergency Management Office of Geospatial and Technology Management 4719 Mail Service Center•Raleigh,NC 27699-4719 Michael F.Easley Bryan Beatty tiY Governor Secretary November 7,2008 Mr. Barry Jacobs Chairman,Board of Commissioners • Orange County • 200 South Cameron Street Post Office Box 8181 Hillsborough,North Carolina 27278 • Re: National Flood Insurance Program(NFIP) Community Assistance Visit(CAV) • • Dear Mr.Jacobs: This letter is a follow-up to the CAV conducted in the Orange County Planning and Agriculture Building on August 22, 2008 with Mr. Glenn Bowles by.Mr. Randy Mundt and Mr. Mark Stafford of the North Carolina Division of Emergency Management (NCEM), along with consultant Maggie Mathis. Mr. Bowles has been very helpful throughout this process in answering questions, obtaining copies of required NFIP records and being available to assist during the field work conducted just prior to this visit. In order to participate in the NFIP, your community has been required to establish, administer, and enforce a floodplain management program that meets or exceeds the minimum standards established by the NFOP as set forth in Title 44, Code of Federal Regulations (CFR), Section 60.3. Though participation in the NFIP is voluntary for communities meeting NFIP standards, that participation allows local citizens to obtain affordable flood insurance through the NFIP as well as receive most other state and federal disaster assistance. Of greatest importance,the goal of participation in the NFIP is to reduce the loss of lives and property. As observed in working . with your staff during this visit,this vision is understood by Orange County. Your community's commitment to sound floodplain management is apparent in the conservation of your floodplain in its natural and undeveloped state. Further, your community's commitment to ensuring a solid • • 6 Mr. Jacobs November 7,2008 - Page 2 floodplain management program is reflected in your adoption of higher regulatory standards and in your interest in joining the Community Rating System. Orange County has participated in the Emergency Phase of the NFIP since July 15, 1975, thus • making flood insurance available to property owners through the NFIP since this date. On March 16, 1981, the Federal Emergency Management Agency-(FEMA) converted the County into the Regular Phase of the-NFIP bringing full NFIP benefits to the citizens of the County. Our records indicate that there are currently 62 flood insurance policies in force within the Unincorporated Areas of Orange County for coverage in the amount of over$18 million dollars. Since the County entered the Regular Phase of the NFIP in 1981,there have been claims totaling $98,917. . The purpose of this letter is to identify any findings of deficiencies in or violations of Orange County's floodplain management program• and to recommend corrective actions and time requirements needed to remedy them. • • Based on the field survey of flood hazard areas, an examination of.development permits and interviews, the NCEM Team found your staff to be knowledgeable of the NFIP regulations and interested in proper enforcement of the County's Flood Damage Prevention Ordinance. The survey and visit revealed that there has been no development in the floodplain for several years. This seems reasonable given the County's designation of conservation areas and stream buffer regulations and given the amount of floodplain is small compared to the undeveloped land areas of Orange County. The County's Flood Damage Prevention Ordinance adopted in 2007 has been reviewed. A number of problems have been identified with the County's ordinance. Specifically, a number of definitions and cross references require correction. In addition, the County includes an "Automatic Adoption"provision in its ordinance. Ordinances containing the automatic adoption provisions were determined by the State Office of the Attorney General in September 2005 to not be compliant. While the County may leave in the automatic adoption language, this section must specifically reference the recently effective map panel (3710989000) dated May 16, 2008. The language in Section 42-38 should also be revised to remove references to the Flood Hazard Boundary Map and Flood Boundary Floodway Map. Both of these are obsolete map products • have no current relevancy in your community. A copy of our completed ordinance check list which highlights the areas where deficiencies in your current ordinances were found is attached for your review. Please make the necessary corrections at your earliest convenience,but no later than November 30, 2008. Upon completion of adoption of the needed changes, please send a certified copy to this office to the attention of Mr. Randy Mundt. • We would like to take this opportunity to remind you that Federal Code requires that compliance records must be maintained (available.upon request) on all development in your Special Flood Hazard Areas in perpetuity in order to ascertain whether or not the development complies with applicable floodplain management regulations. A structure or other development without the proper flood records such as permits, certified elevation data, or other certifications, as required in 44 CFR sections 60.3 (a)(1), (b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or(e)(5) is presumed to be in violation until such documentation is provided.- Mr. Jacobs November 7,2008 Page 3 If you need additional time to complete,to revIse and adopt your Hood Damage Reduct:lon Ordinance, please submit a request for an extension in writing prior to the October 30, 2008 deadline. Please express our thanks and appreciation to Mr. Bowles for his time and assistance in conjunction with this visit. Should you have any questions regarding the CAV,please contact Mr. Randy Mundt at his office at (919) 715-5711, extension 119 or through email at rmundt @nceni.org. We look forward to working with you in the future in your efforts to promote better floodplain management. Sincerely yours, Kenneth W. Ashe, P.E., CFM Assistant Director Enclosure cc: Msc Laura Blackmon, Orange County Manager Mr. Glenn Bowles,AICP, CFM, Orange County Planner Mr. Craig Benedict, Planning Director Mr. Gee,NCEM Area 15 Coordinator Mr. Randy Mundt, Interim State NFIP Coordinator,NCEM Mr. Mark Stafford, Community Development Planner,NCEM Mr. Prasad Inmula, FEMA Region N Mr. John Dorman, Director,NCFMP Mr. Kenneth Ashe, Assistant Director,NCFMP File NATIONAL FLOOD INSURANCE PROGRAM COMMUNITY FLOODPLAIN MANAGEMENT REGULATIONS REVIEW CHECKLIST Community:Orange County C.LD:370342 State:North Carolina Reviewed by: Date of Review: Community Floodplain Management Regulations Reviewed by(circle one): FEMA State Other:(Agency Name). Dewberry Reviewer's Determination: /../The floodplain management regulations are compliant. /_.)The floodplain management regulations are not compliant. Approved by (FEMA only) Date of Approval: / / ' The"Item Description"is a synopsis of the regulatory requirement and should not be construed as a complete description. Refer to the actual language contained in the National Flood Insurance Program Floodplain Management Regulations at Title 44 Code of Federal Regulations(CFR)Part 59 and 60 for the complete description of the required minimum criteria. Below the"Level of Regulations"column,you can indicate whether the community ordinance meets or exceeds the respective provision in the non-shaded areas. Item Description :. ._. ev of `Applies Level Rep hIe Ordwa�nce Sechon/Comments f I . Section refers to the NFTP Regulations follows} ::.�:ii ) c _�:d a..: ORDINANCES MUST CONTAIN;TM FOLLOWING PROVISIONS: 1. Citation of Statutory Authority M Division 1-Sec.42-31 2. Framework for administering the ordinance(including Division 2-Sec.42-66—Administration permit system,establishment of the office for M Division 2-Sec.42-67—Permit administering the ordinance,record keeping,etc.). Division 2-Sec.42-69-Recordkeeping 3. Adequate enforcement provisions(including a violation Division 1-Sec.42-42—Penalties and penalty section specifying actions the community M Division 2-Sec.42-67—Permit requirements will take to assure compliance). Division 2-Sec.42-69:15.,18.,19.,and 20. Division 2-Sec.42-70—Corrective procedures 4. Variance section with evaluation criteria and insurance M Division 2-Sec.42-71—Variance procedures notice.(60.6(a)] Division 2-Sec.42-71:8.d.—Insurance notice 5. Effective Date: Adoption Date: Division 4-Sec.42-98-October 3,2005 is the printed date. However,the ordinance copy reviewed is not signed or dated and the copy posted on the Orange County website has a date of August 28,1995. 'If a community has both floodways and coastal high hazard areas,it must meet the requirements of both level 60.3(d)and 60.3(e). 11/12/2008 1 of 16 a 47 r) g' to 0 N NATIONAL FLOOD INSURANCE PROGRAM COMMUNITY FLOODPLAIN MANAGEMENT REGULATIONS REVIEW CHECKLIST Community:Orange County C.I.D: 370342 State:North Carolina Reviewed by: Date of Review: 'Rein:Description: :.: ::::::: . :; Level:of.Res ..: ... Applicable Ordinance Section/Comments :: ': : :=` ..:. .. . . ..... . (SeCiiOnieference:to:.the.NFIP Regidations follows 6. Signature of Appropriate Official and Certification M Division4-Sec.42-98—There is a space for the signature but the Official. copy reviewed is not signed or dated. 7: Purpose section citing health,safety,and welfare reasons M Division 1-Sec.42-33 and 42-34—Under objective a.it should 4 for adoption. read life,safety,and health to match state model. �I • 8: Disclaimer of Liability section advising that the degree of flood protection required by the ordinance is considered New reasonable but does not imply total flood protection. Na found Seektent ¢2-41.o 9. Abrogation and Greater Restriction section. (e.g.,This Ordinance shall not in any way impair/remove the necessity of compliance with any other applicable laws, ordinances,regulations, etc. Where this Ordinance M Division 1-Sec.42-40 imposes a greater restriction,the provisions of this Ordinance shall control.) 10. Severability section. (e.g.,If any section,provision,or Nvo portion of this ordinance is adjudged unconstitutional or invalid by a court,the remainder of the ordinance shall Not found in Orange County Ordinance rai not be affected) (Note:Not found in state model ordinance) Arz-412. 11.Public hearing(State/local laws may require hearings) /4-Not found in Orange County Ordinance Al (Note:Not found in state model ordinance) 11/12/2008 2 of 16 NATIONAL FLOOD INSURANCE PROGRAM COMMUNITY FLOODPLAIN MANAGEMENT REGULATIONS REVIEW CHECKLIST Community: Orange County C.I.D: 370342 State:North Carolina Reviewed by: Date of Review: ItemDes . . . . •. . .... .... .........:. .:.. ... :.: ... .. . : .. ...: .......:.......:..::::... .......... . . ........:.. ....::..: ..:. FIP.-Re ctaon�r. ere -. . Se ... ....... . 12.Publication(State/local laws may require public notices) Not found in Orange County Ordinance Al i f. (Note:Not found in state model ordinance) (" 13. Definitions: [59.1] —Base Flood;_Base Flood Elevation; Development;_Existing manufactured home park or subdivision;Expansion to an existing manufactured home park or subdivision;_Flood Division 1-Sec.42-35 contains the definitions Insurance Rate Map; Flood Insurance Study; _Floodway;_Lowest Floor;_Manufactured Home; Expansion to an existing manufactured home park or Al Pi' _Manufactured Home Park or Subdivision; New 'subdivision-is not defined but is not in state model ordinance. ' Construction;New Manufactured Home Park or Floodplain Development Permit-is not defined but the details Subdivision;Recreational Vehicle;Special Flood regarding what this is are listed in Division 2-Sec.42-67. !►� Hazard Are _Start of Construction; Structure; New Manufactured Home Park or Subdivision-is not defiNNtt`��ed Substantial Damage;_Substantial Improvement; M but is not in state model ordinance. Reference Level-uses the term"lowest inhabited floor"instead OK. Violation; of"lowest floor". Special Flood Hazard Area–makes refereicxe to Section 3.2 of Other Definitions as appropriate such as_Floodproofing; the ordinance.It should be 42-38. ('�– _Highest adjacent grade for community's with mapped AO Zones;_Historic Structures Most of the other definitions in the Orange County ordinance closely match the state model ordinance. 11/12/2008 3of16 • NATIONAL FLOOD INSURANCE PROGRAM COMMUNITY FLOODPLAIN MANAGEMENT REGULATIONS REVIEW CHECKLIST Community:Orange County C.I.D: 370342 State:North Carolina Reviewed by:• Date of Review: °�A c� e: ane�e;: 0 0 imi�ien . :ion .......... .................... ......:.:.....:....:.. ... .:.....:.:..... - ... 1�1�. " l�o�v d'. rttcns: b e o ,XP R > ;the 1VF .. . .. echo rett� S .� 14. Adopt or reference correct Map and date. [60.3(b)] Division 1-Sec.42-38 (If the community has an automatic adoption provision Language in this section sites the Flood Hazard Boundary Map in its ordinance,is it valid?) (FHBM) and Flood Boundary Floodway Map(FBFM). Both maps are obsolete and should not be referenced. The reference to the February 2,2007 FIS and FIRM is correct. The County does include an automatic adoption provision which reads"any . M revisions thereto,including Letters of Map Amendment or Revision,are adopted by reference and declared to be a part of this Ordinance." The state Attorney General has issued an opinion that states that use of the automatic adoption provision does not make for a compliant ordinance. Every time a FIRM is revised community must amend its ordinance to adopt the revised FIRMs. 15. Adopt or reference correct Flood Insurance Study and date. [60.3(c),(d), and/or(e)] (If the community has an Division 1-Sec.42-38-(automatic adoption language included- automatic adoption provision in its ordinance,is it valid?) M see item 14) 16.Require permits for all proposed construction or other Division 2-Sec.42-67 development including placement of manufactured Division 2-Sec.42-69:1. homes to determine whether such construction or Division 3-Sec.42-92:1. development is in a floodplain. [60.3(a)(1)] Additionally the definition for"structure"includes manufactured homes(Division 1-Sec.42-35) 17.Require permits for all proposed construction and other Division 2-Sec.42-67 development within SFHAs. [60.3(b)(1)] M Division 3-Sec.42-92 and 42-93 • 11/12/2008 4 of 16 NATIONAL FLOOD INSURANCE PROGRAM COMMUNITY FLOODPLAIN MANAGEMENT REGULATIONS REVIEW CHECKLIST Community: Orange County C.I.D: 370342 State: North Carolina Reviewed by: Date of Review: Item Description • ' ,'Level•of Reps ' Applicable Ordinance Section/Comments: (S4ctioa,r4fekerice.to the NFIP Regulations follows) . ' a b; c dl* el ." ' -;* • 18.Assure 3 a11o( x2) other State and Federal permits are Division 2-Sec.42-68:1.g)M obtained. Division 2-Sec.42-69:2 19. Review permits to assure sites are reasonably safe from flooding and require for new construction and substantial improvements in flood-prone areas [60.3(a)(3)]: Division 2-Sec.42-69:1. (a) Anchoring(including manufactured homes)to Division 3-Sec.42-91:1. prevent flotation,collapse,or lateral movement of the structure. [60.3(a)(3)(i)] (b) Use of flood-resistant materials. [60.3.(a)(3)(ii)] M Division 3-Sec.42-91:2. (c) Construction methods and practices that minimize flood damage. [60.3(a)(3)(iii)] M Division 3-Sec.42-91:3. (d) Electrical,heating,ventilation,plumbing, air conditioning equipment, and other service facilities designed and/or located to prevent water entry to Division 3-Sec.42-91:4. accumulation. [60.3(a)(3Xiv)} 11/12/2008 5 of 16 NATIONAL FLOOD INSURANCE PROGRAM COMMUNITY FLOODPLAIN MANAGEMENT REGULATIONS REVIEW CHECKLIST Community:Orange County C.I.D: 370342 State:North Carolina Reviewed by: Date of Review: .art. 0 ... . . ...... . . ..... .. .........Lev. tot h e ao oows ,r ...;..` . . . :.:. 20. Review subdivision proposals and other development, including manufactured home parks or subdivisions,to determine whether such proposals will be reasonably safe from flooding[60.3(a)(4)]. Ha subdivision or other M Division 2-Sec.42-69:1. : - development proposal is in a flood-prone area,assure Division 3-Sec.42-91:3. that: (a) Such proposals minimize flood damage. [60.3(a)(4)(i)] (b) Public utilities and facilities are constructed so as to Partially covered in Division 3-Sec.42-91:2 '1 minimize flood damage. [60.3(a)(4)(ii)] F �� c Ad-•uate draina:a is •rovided. 60.3 a 4 iii Not ecificallyaddressed Nor raa°Pai 21.Require new and replacement water supply and sanitary sewage systems to be designed to minimize or eliminate M Division 3-Sec.42-91:5.and 6. infiltration. [60.3(a)(5) and 60.3(a)(6)J , 22.Require onsite waste disposal systems be designed to avoid impairment or contamination. [60.3(a)(6)(ii)] M Division 3-Sec.42-91:7. 23. Require base flood elevation data for subdivision On County requires BFE data for"all development proposals or other developments greater than 50 lots or 5 proposals in the SFHN'.(Division 3 Sec.42-93:3.) 4 6 05*(741 acres. [60.3(b)(3)] Also Division 3-Sec.42-94:4. • C/1' 1tt) 11/12/2008 6 of 16 NATIONAL FLOOD INSURANCE PROGRAM COMMUNITY FLOODPLAIN MANAGEMENT REGULATIONS REVIEW CHECKLIST Community:Orange County C.LD: 370342 State: North Carolina Reviewed by: Date of Review: • item Description- ., . . ' . . • Level of Rep " Applicable Ordinance Section/Comm entt - (Sectioirreerence to the ATIPIRegulations follows) a b " e , 24.In A Zones,in the absence of FEMA BFE data and floodway data,obtain,review, and reasonably utilize other BFE and floodway data as a basis for elevating - residential structures to or above the base flood level,and ;`, 1,, M Division 3-Sec.42-94c.2. for floodprooflng or elevating non-residential structures to or above the base flood level. [60.3(b)(4)} 25. Where BFE data are utilized in Zone A,obtain and maintain records of the lowest floor and floodproofing elevations for new and substantially improved Division 2-Sec.42-69:6.,7.,and 14. construction. [60.3(b)(5)] 26. In riverine areas,notify adjacent communities of watercourse alterations and relocations. [60.3(b)(6)] M Division 2-Sec.42-69:3. 27.Maintain the carrying capacity of an altered or relocated Division 2-Sec.42-68:3.d. watercourse. [60.3(b)(7)} Division 2-Sec.42-69:4. 28.Require all manufactured homes to be elevated and , anchored to resist flotation,collapse,or lateral M Division 3-Sec.42-92:3.a.and b. movement. [60.3(b)(8)} 11/12/2008 7 of 16 (TT NATIONAL FLOOD INSURANCE PROGRAM _. 01 COMMUNITY FLOODPLAIN MANAGEMENT REGULATIONS REVIEW CHECKLIST Community: Orange County C.I.D:370342 State:North Carolina Reviewed by: Date of Review: IteinDegeriPtien-- -- , -- , -• -.. , . -:, - ,Level of R' Is - Applicable Ordinance Section/Comments (Section reference t, 'the1VFIP.Regiutatiods follows) ' Eta c • d, e 29.Require all new and substantially improve residential 1, ' r ., No new construction of residential structures allowed in SFHA. structures within A1-30,AE,and AH Zones have their I, , i, Substantial improvements allowed but must meet ordinance 1 E lowest floor(including basement)elevated to or above i i requirements. the Base Flood Elevation. {60.3(c)(2)] , .- Division 3-42-92:1. - .10-......, 30.2 In AO Zones,require that new and substantially improved residential structures have their lowest floor (including basement)to or above the highest adjacent grade at least as high as the FIRM's depth number. DA Division 3-Sec.42-95:1. [60.3(c)(7)] !'---,--- , 31. Require that new and substantially improved non- [ , No new construction of non-residential structures allowed in c ' residential structures within A1-30,AE,and AH Zones , . ,, SFHA. Substantial improvements allowed but must meet have their lowest floor elevated or floodproofed to or , I' , E ordinance requirements which includes low floor at BFE and above the Base Flood Elevation. [60.3(c)(3)1 ; ,r. 1 -1['' flood proofed to 2 feet above the BFE. . Division 3-42-92:2. 32.2 In AO Zones,require new and substantially improved non-residential structures have their lowest floor elevated or completely floodproofed above the highest adjacent [ ,," Division 3-Sec 42-952 grade to at least as high as the depth number on the FIRM. [60.3(c)(8)] t , , — —- — - -- -- - 2 Item 30 and 32 are not required lithe community has 110 AO Zones. 11/12/2008 8 of 16 NATIONAL FLOOD INSURANCE PROGRAM COMMUNITY FLOODPLAIN MANAGEMENT REGULATIONS REVIEW CHECKLIST Community: Oranee County C.I.D: 370342 State:North Carolina Reviewed by: Date of Review:• Item Description n:.;,: ::: :: :::.::..'::: ; :::".:.: :.:::.;'.:.::'.:...'.:.::.:.:.'.:::.:...:.:.::.:::...:...... , - -.L641 of Regs :: { APPlicable::O.....r...d:.:m...a.:.n...c...e.5.:.,ect:..ion....l,.... o.:.m....m...':e..::nt:.:s::.:....:.:.:.::..:.:....:...:.:.:::..::.:.:.::..:.....::.:.::.:.:..:;.: .... .. lows ;:::::;::_: .::;::..::.:' . , °:-:: :b�.>:: :c' : ::d:::::+e:_< :�:;:::::::.::::;:`:::'::::;::;::' :`-:: ::.:: :;::: :�:: :.:..:: :::.::::.�: ::?:<.:::. :�'::::;.::�:::;:::::::;:.:;:--.:: ::.;.:�:::; ::;-:, iron reference to the.NFIP Regulatzons fo ).... a 33.Require that for floodproofed non-residential structures, a ; 1r " registered professional engineer/architect certify that the ` `:i , design and methods of construction ction meet requirements at F �, 1 60.3(c)(3)(ii). [60.3(c)(4)] !,: M Division 2-Sec.42-69:9. 4' � 9 34.Require, for all new construction and substantial .,-,-} , , improvements,that fully enclosed areas below the lowest ;; =j floor that are used solely for parking of vehicles,building =-�`' is access or storage in an area other than a basement and ,� which are subject to flooding shall be designed to a Division 3-42-92:1. automatically equalize hydrostatic flood forces on j M Division 3-42-92:6.a. and b. exterior walls by allowing the entry and exit of floodwaters in accordance with the specifications in �s�F • 60.3(c)(5). (Openings requirement) � >�E _s�2 a_i sS,. ,, 11/12/2008 9of16 .--.' . . NATIONAL FLOOD INSURANCE PROGRAM COMMUNITY FLOODPLAIN MANAGEMENT REGULATIONS REVIEW CHECKLIST Community: Orange County C.I.D:370342 State:North Carolina Reviewed by: Date of Review: Iteill Iktattioii::.,.,,.... .: ..: ... .., . , ., ... . .. -:... - , , ...1.:6fe,Level ... '. .Applicable Ordinance-SettialC6linnents , . . reference to the<. Regulations follows). . a 1 b . e- d el. (Section re f hrriP D 1 IS 35.3 Until a regulatory floodway is designated,no encroachment may increase the Base Flood level more than 1 foot. [60.3(c)(10)] , M Division 3-SecA2-94a. I. - I 36.4 In Zones AO and AH,require drainage paths around structures on slopes to guide water away from structures. .----":,‘', [60.3(c)(11)] Not found-It is not certain whether there are Zone AOs in ._, Orange County. I , : I - • • 3 item 35 is not required if all streams have floodways designated. 4 Item 36 is not required if the community has no AO or AH Zones. 11/12/2008 10 of 16 • ' ' NATIONAL FLOOD INSURANCE PROGRAM COMMUNITY FLOODPLAIN MANAGEMENT REGULATIONS REVIEW CHECKLIST Community: Orange County 370342 State: North Carolina Reviewed by: Date of Review: Item Descrijtion Level oft S Applicable Ordinance Section/Comments (Section reference to the NFIP Regulations follows) b c d e e— — — 37.Require that manufactured homes placed or substantially improved within Al-30,AH,and AE Zones,which meet one of the following location criteria,to be elevated such • that the lowest floor is to or above the Base Flood Elevation and be securely anchored: Division 3-Sec.42-92:3.a.and b. (i) outside a manufactured home park or subdivision; -There is an apparent contradiction between 42-92:1.which (ii) in a new manufactured home park or subdivision; M prohibits new construction in the SFHA and 42-92:3.a.which (iii) in an expansion to an existing manufactured home states that:-"New or replacement manufactured homes shall be park or subdivision; elevated...". iv) on a site in an existing park which a manufactured , D)114 home has incurred substantial damage as a result of a AL.1481) flood. [60.3(c)(6)] 38.In A-1-30,AH,and AE Zones,require that manufactured homes to be placed or substantially improved in an • existing manufactured home park to be elevated so that (i) the lowest floor is at or above the Base Flood Division 3-Sec.42-92:3.a.and b. Elevation;OR (ii) the chassis is supported by reinforced piers no less than 36 inches in height above grade and securely anchored. 160.3(c)(12)1 11/12/2008 11 of 16 CD N NATIONAL FLOOD INSURANCE PROGRAM ° COMMUNITY FLOODPLAIN MANAGEMENT REGULATIONS REVIEW CHECKLIST Community:Orange County C.I.D: 370342 State:North Carolina Reviewed by: Date of Review: r .. ... . . ... .. .. .. . . .. ... ..... .. .. . .... .,...... .. . .. 'oni/Coii�iuiients �; `�'�� -:�::< : . ton•.....::.::.:.. .... :.-;::.: ce ectt Desch ..::.:-�::.��... :Level:of:Re���` Applicable a°. r an ...... .. .......: ...: (Sectweferenee:ta �ie.NFIPRegulataons )... ..... . ® b sirm _... .. 39.In Al-30,AH,and AE Zones,all recreational vehicles to , 7 be placed on a site must (i) be elevated and anchored; OR ` ' Division 3-Sec.42-92:5.a.and b. (ii) be on the site for less than 180 consecutive days;OR E , (iii)be fully licensed and highway ready. 60.3 c 14 40.Designate a regulatory floodway which will not increase ;t j Division l-Sec.42-38. the Base Flood level more than 1 foot. [60.3(d)(2)] r Division 1-Sec.42-35—Definition of floodway �� ; Division 3-Sec.42-94b. 41.In a regulatory floodway,prohibit any encroachment, �j Division 3-Sec.42-94b.l.2.and 3. unless hydrologic and h hydraulic analyses prove that the Only replacement manufactured homes are allowed in the y y r , floodway if they comply with the standards of"42-93:3."and proposed encroachment would not cause an increase in � �f ; ',� � 3 ��� 9 "42-94b.:1.and 2".No new manufactured home placement is flood levels during the Base Flood discharge. [60.3(d}(3)] r allowed in the floodway. Det.B i),'IN e-fr 1-1104( • j § ' - J 11 . s LA/ t .r 42. In V1-30,VE,and V Zones,obtain and maintain the ,; �t= elevation of the bottom of the lowest horizontal structural > >` ii No coastal high hazard zones(level of ordinance=D) member of the lowest floor of all new and substantially im.roved structures. 60.3 e 2 43. In V1-30,VE,and V Zones,require that all new `� � , construction and substantial improvements: (a) Are elevated and secured to anchored pilings or . No coastal high hazard zones(level of ordinance=D) columns so that the bottom of the lowest horizontal , : structural member is at or above the Base Flood Elevation. [60.3(e) 4) s�..'� , : :,.:'` 11/12/2008 12 of 16 NATIONAL FLOOD INSURANCE PROGRAM COMMUNITY FLOODPLAIN MANAGEMENT REGULATIONS REVIEW CHECKLIST Community:Orange County C.LD: 370342 State: North Carolina Reviewed by: Date of Review: stall a—aren.—es ems- I$tee mc • ta:Donesr.c r i tion ..: . : :.:.;.:..: . :.;..•.:.::... .:. - • .:.: :Level of 11,.. s : APPcableQ rd inance:Section/Comments ..:. < erence tothe NF1P2e ttors oll o s-. b= _ •::.:.<::::::`. .:::;..;::.::,...::... .:. .:.:. ::. (b) A registered professional engineer/architect certify L, �;, r that the design and methods of construction meet F No coastal high hazard zones(level of ordinance=D) elevation and anchoring requirements at 60.3(e)(4)(0 and ii . 60.3 e 4 (c) Have the space below the lowest floor either free of j s obstruction or constructed with breakaway walls. ,; Any enclosed space shall be used solely for parking, No coastal high hazard zones(level of ordinance=D) Y P Y p � <, buildin: access,or stora le. 60.3 e S ' (d)All new construction must be landward of mean high No coastal high hazard zones(level of ordinance=D tide. 60.3 e 3 �.•,v' sf� ,' �� <� g � D) (e Prohibit use of fill for structural sus•ort. 60.3 e 6 - ''i No coastal high hazard zones(level of ordinance=D) (f)Prohibit alterations of sand dunes and mangrove ' ; stands,which would increase potential flood damage. ; No coastal high hazard zones(level of ordinance=D) O(7)) 60.3 a • 11/12/2008 13of16 N NATIONAL FLOOD INSURANCE PROGRAM N COMMUNITY FLOODPLAIN MANAGEMENT REGULATIONS REVIEW CHECKLIST Community: Orange County C.1.D: 370342 State: North Carolina Reviewed by: Date of Review: ..:......:.:...:.........:..I. .. : . .:......:.:. .. :. : Level o R s ,• Applicable cable Ordinance ° :•:item:Veen ion' : . :. . : :;:.: : : . .: - : - _ : , - . _ ti ;•: Section r- erence tithe NFIP Regulations ollows b 44.Require that manufactured homes placed or substantially [j I` ji ', improved within V1-30,VE,and V Zones,which meet '; , one of the following location criteria,meet the V Zone standards in 60.3(e)(2) through(e)(7): E CO outside a manufactured home park or subdivision; (ii) in a new manufactured home park or subdivision; v (iii)in an expansion to an existing manufactured home �'}i ,': . No coastal high hazard zones(level of ordinance=D) park or subdivision; (iv)on a site in an existing park which a manufactured , ' home has incurred substantial damage as a result of a , ' '� `i , 3 flood. [60.3(e)(8)] 45.In V1-30,VE,and V Zones,require that manufactured homes to be placed or substantially improved in an ' existing manufactured home park to be elevated so that r � <: ; (i) the lowest floor is at or above the Base Flood I i , �1 Elevation; OR No coastal high hazard zones(level of ordinance=D) (ii) the chassis is supported by reinforced piers that are f �r I 4.not less than 36 inches in height above grade and ! 3, !> securely anchored. ! ,� , [603(e)(8 (iv 11/12/2008 14 of 16 NATIONAL FLOOD INSURANCE PROGRAM COMMUNITY FLOODPLAIN MANAGEMENT REGULATIONS REVIEW CHECKLIST Community: Orange County C.LD: 370342 State: North. Carolina Reviewed by: Date of Review: Rem Desc rip tion..... . ..:. .: :.:. ... : ::;.... ....• .:..:........ .. ...... .:: • Level of Re s Applicable 4ardinance•Section/Comments :. ;::� ?::�:;: ::. :: ; (Section reference to the NFIPRegulations follows)'.:':: :: : DI 46.In V1-30,VE,and V zones,all recreational vehicles to be ` r'', placed on a site must (i) be elevated and anchored; OR ��' (ii) be on the site for less than 180 consecutive days;OR � � ;� No coastal high hazard zones(level of ordinance=D) G (iii)be fully licensed and highway ready. : 60.3(e)(9)I Comments: 1. In general the Orange County ordinance mirrors the wording used in the North Carolina state model ordinance. The items not found in the ordinance or found, e�de rent ar ,,r -Item numbers 8, 10, 11;T2,e),and 36 were not found. -Item 13 (definitions)is missing some of the terms that are used in the ordinance or the definition is not adequate for floodplain management purposes. The missing or deficient definitions are listed under item 13. -Item 5 and 20(b)are deficient. Item 5 could be fine but the copy of the ordinance reviewed is not signed or dated.Also the ordinance found on Orange County website is the August 28, 1995 version. Item 20(b)is not clearly addressed. 2. The County includes an"Automatic adoption"provision in its ordinance. Ordinances containing the automatic adoption provisions were determined by the State Office of the Attorney General(September 14,2005) to not be compliant. The language in Section 42-38 should be revised to remove references to the FHBM and FBFM. While the County may leave in the automatic adoption language, this section must also reference the recently effective map panel(3710989000)dated May 16,2008. 3. There is an apparent contradiction in the ordinance between 42-92:1.which prohibits new construction in the SFHA and 42-92:3.a. which states that: "New or replacement manufactured homes shall be elevated...". 4. The reference in Division 3-Sec.42-94b. (Floodway and non-encroachment areas)to the section identifying the SFHA is incorrect. It should reference Section 42-38 not 42-37. 5. There are several references made to Section 3.2.This is the section from the previous ordinance and is now Section 42-38. The references to Section 3.2 should be corrected. 11/12/2008 15of16 co NATIONAL FLOOD INSURANCE PROGRAM COMMUNITY FLOODPLAIN MANAGEMENT REGULATIONS REVIEW CHECKLIST Community: Orange County C.LD: 370342 State:North Carolina Reviewed by: Date of Review: Some of the items that exceed the minimum requirement: 1. Orange County has a 2.0 foot freeboard requirement in areas with a BFE developed. 2. New fill material in any SFHA is prohibited(Division 3-Sec.42-91:15.) 3. New construction in the SFHA is prohibited(residential and non-residential(Division 3-Sec.42-92:1. and 2.)) 4. Most emergency and critical care facilities are prohibited in the SFHA(Division 3-Sec.42-91:13.) 5. Any inhabited structure in the SFHA shall have unobstructed dry access during a regulatory flood event(Division 3-Sec.42-91:14). 6. The ordinance requires BFE data to be submitted for all development proposals in the SFHA(Division 3-Sec.42-93:3.).However,in Sec.42-94:4. (Zone A section)there is the condition that a BFE needs to be provided only if the"...development exceeds 50 lots/units or 5 acres".This is an apparent contradiction. 7. Only replacement manufactured homes are allowed in the floodway if they comply with the standards of 42-93:3. and 42-94b.:1. and 2. No new manufactured home placement is allowed in the floodway. 11/12/2008 16 of 16 Attachment 3 25 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director 111.4a4c' �o9p�.s Current Planning : �;i 306F Revere Road (919) 245-2575 (, �'_� P 0 Box 8181 (919) 644-3002 (FAX) 4, Hillsborough, www.co.orange.nc.us otr5 dACe0 North Carolina, 27278 ®'t 1 1 IIt`IIR .LL 46.4 IF November 12, 2008 Kenneth W. Ashe Assistant Director Office of Geospatial and Technology Management 4719 Mail Service Center Raleigh, North Carolina 27699-4719 Subject: National Flood Insurance Program and Community Assistance Visit Dear Mr. Ashe; Thank for your follow up letter of November 7, 2008 in regard to the August 22, 2008 Community Assistance Visit. We found Randy Mundt and Mark Stafford to be very helpful and courteous. As noted in your letter, Orange County's commitment to floodplain management is paramount. Orange County respectfully requests an extension of time to complete the amendments to our Flood Damage Prevention Ordinance. Our procedures to amend any ordinance is more involved than that which is outlined in the State Zoning Enabling Ordinance. First, staff must obtain approval from the Board of County Commissioners to place an item on the legal advertisement for the required Public Hearing. Secondly, Public Hearings for ordinance amendments are only scheduled four (4) times a year (February, May, August, and November). We have missed the November 2008 Quarterly Public Hearing. The next available meeting date is the fourth Monday in February 2009. We propose to have amendments complete by late March. Our Board of County Commissioners has a Quarterly Public Hearing and then makes their decision after minutes of the meeting are prepared. We did receive a copy of the correction checklist for the Orange County Flood Damage Prevention Ordinance yesterday by email, which we did not receive with your November 7, 2008 letter. 26 We look forward to working with you and your staff on this matter. Mr. Glenn Bowles will be our staff liaison on this matter. He can be contacted by telephone at (919) 245 2577. Sincerely, Craig N. Benedict, AICP Planning Director CC: Laura Blackmon, County Manager Glenn R. Bowles, Certified Floodplain Manager Randy Mundt, Interim State NFIP Coordinator Mark Stafford, Community Development Planner Prasad Inmula, FEMA Region IV John Dorman, Director Geoff Gledhill, County Attorney File • Attachment 4 27 MEMORANDUM To: Laura Blackmon, County Manager Board of County Commissioners From: Craig N. Benedict,Planning Director Glenn R. Bowles, CFM, AICP Date: January 5, 2009 Subject: 2006 to 2008 (Calendar Year) Summary of Floodplain Management Activities The BOCC approved the funding to provide elevation certificate surveying services for the 2007 fiscal year to property owners affected by the new flood maps. The firm of Greenhorne and O'Mara of Raleigh was selected to provide the elevation certificate surveying. We have received seventy-nine (79) elevation certificates. Seventy-eight (78) certificates were part of the flood elevation certificate surveying program. This activity also resulted from four (4) Letters of Map Amendment. The spreadsheet below summaries the elevation certificate surveying activities. Summary of the Status of Surveyed Structures Now in Always in Not Total SFHA@ SFHA in SFHA* Post-FIRM Houses 12 8 4 0 19 13 35 21 Post-FIRM Acc. Buildings 4 4 6 14 Pre-FIRM Houses 6 4 15 7 22 21 43 32 Pre-FIRM Acc. Buildings 2 8 1 11 Total Houses 18 12 19 7 41 34 78 53 Total Accessory Buildings 6 12 7 25 * The structures were erroneously mapped as being within the floodplain in 1981, but are now outside of the floodplain. @ Structures now within the floodplain because of the new maps. As a result of this mapping we can now state there are now only thirty(30) houses and forty-eight (48) accessory buildings involved within the special flood hazard area(SFHA). Three (3) of these houses are within the mapped floodways, only one (1) residential property is completely involved in the SFHA and six (6)homes have some occupied floor space below the base flood elevation. Other situations, which are related to FEMA flood mapping activities, happened during the 2007-08 fiscal year. They include the following items: 1. Summary of Map Actions (SOMA) for Map Panel 9890. The activities in question occurred entirely within the Town of Chapel Hill. The Town Council has acted correctly on the matter. The action changed the Map Panel suffix from "K" to "L" and the effective date of Map Panel 9890 and the County FIRM Index from February 2, 2007 to May 16, 2008. 2. Letters of Map Revision (LOMR). Four (4) LOMRs have been approved. The first involved the decommissioning and removal of the Eno River dam near the Pleasant Green Road crossing. The second involved a driveway to the Lutz residence on Buckwater Creek. The third involved the Cates Creek Parkway crossing over Cates Creek. The forth involved the Berryman Boulevard crossing over Stroud's Creek in the Fourth Phase of the Churton Grove Subdivision. 28 A LOMR alters the base flood elevation of the floodplain and the underlying Flood Insurance Study, sometimes by lowering and others by raising the elevation. . It is required for any stream crossing or dam removal involving a mapped special flood hazard area(floodplain). LOMRs physically and legally alter FEMA FIRMS. The applicant must notify all surrounding property owners by registered mail and perform detailed hydrologic and hydraulic analyses to document the alterations. 3. Letters of Map Amendment (LOMA). Four approved LOMAs were received. Four (4) were Planning staff-initiated and were associated with the elevation certificate survey program the BOCC approved last summer. The other involved the Cates Creek Parkway, where the engineers determined that the original FIRM for Cates Creek was not correct. A LOMA is an acknowledgement by FEMA that the mapped floodplain does not reflect the true base flood elevation, as applied to a specific house or accessory building. They are applied for when a property owner believes his or her house, garage, barn, or other structure is inappropriately mapped within a floodplain. An elevation certificate is required to verify the owner's assertions. One of the results of the 2007 BOCC-funding floodplain surveying program is that four property owners were able to receive LOMR approvals that effectively removed their houses from a mapped floodplain. The FIRM and the underlying Flood Insurance Study does not change, but the flood insurance status for the house or accessory structure does. In the case of the Cates Creek Parkway FIRM, before the engineer could determine the correct hydrology and stream hydraulics for the new stream crossing, the flood mapping data had to be corrected. 4. Non-mapping Activities. There are two (2) active stream restoration projects in Orange County. The first is a state-permitted project on Collins Creek west of Dodson's Crossroads, and north of NC Highway 54. The other is a privately-funded restoration of Forrest Creek west of NC Highway 57 and north of Phelps Road. 5. FEMA Map Maintenance. This item is included just to alert the BOCC of a state program that is scheduled to start in the coming fiscal year. Orange County is scheduled to participate in a map maintenance program with the North Carolina Emergency Management Division — Floodplain Management Branch in 2009. There are no costs to the County associated with this program. Staff has identified several problem mapping areas that will be included in future map maintenance efforts to clarify each situation and possibly correct the FEMA Flood Insurance Rate Maps, if necessary. If other staff or Board members know or suspect that certain areas need to be re-evaluated for flood mapping purposes, such input would be greatly appreciated. 6. Elevation Determinations. One hundred and sixty-four (164) elevation determinations have been conducted to determine that a building permit will not require an elevation certificate because the differences between the base flood elevation and the lowest adjacent grade of the structure is greater than five (5) feet of vertical elevation. Since October of 2005, Planning Department staff has requested and received nine (9) sealed elevation certificates. 7. Enforcement Activity. Two courtesy letters of apparent violations have been mailed to Orange County property owners. The first for excess gravel fill on a private road crossing New Hope Creek east of Old NC Highway 86. The owners voluntarily agreed to remove the excess gravel and the situation has been resolved to the satisfaction of staff. 29 In the second case, a resident built an at-grade wooden deck in apparent violation of the ordinance and without benefit of a building permit. Staff is still pursuing a resolution of the issue. 8. Neighborhood Meeting. After Hurricane Hannah staff met with residents on the Heritage Hills subdivision to discuss the impacts of the Hurricane Hanna flooding. The neighbors big concern is what has created this year's flooding. There are five or six situations,which overlay each other to cause the problem, and not one single issue. First,there is some on-going urban development in the upper reaches of the East Price Creek watershed that is altering the hydrology. Next,the steam flows relatively straight south to north into the subdivision,but takes a sharp turn to the northwest. This slows down the water enough to drop out some of its sediments. The floodplain narrows considerably just below the Yorktown/Brandywine culverts,which in the higher volume storms may back up and slow down floodwater. This slows water and more sediment drops out. The main sedimentation seems to be occurring between Brandywine and Yorktown. Further, the original developer re-located the creek channel and the creek is now attempting to find its most efficient channel. The natural process is causing a few people great concern. The neighbors concerns include the following: • Cleaning out the sediment in the two sets of culverts. • Removing an old tree stump just south of the Brandywine culvert. • Rip-rap upstream from the Brandywine culvert. • A street resurfacing program for the subdivision streets and curb and gutter rehabilitation. • Widening of the East Price Creek channel below Brandywine Road. The neighbors have written a letter to the NCDOT and Rep. Kinnard's office is coordinating a meeting with the neighbors and NCDOT to resolve these general issues. Items 1, 2, and 3 are included in a scheduled February 2009 joint quarterly public hearing to revise the Flood Insurance Rate Maps in the Flood Damage Prevention Ordinance, which was last updated on January 23, 2007 and became effective on February 2, 2007. The County is amending the Flood Damage Prevention Ordinance following provisions outlined in state zoning enabling legislation for zoning map atlas amendments, as per a 2006 State Attorney General's opinion. Attachment 5 31 ORDINANCE AN ORDINANCE AMENDING THE COUNTY FLOOD DAMAGE PREVENTION ORDINANCE February 23, 2009 An Ordinance Amending The Orange County Zoning Ordinance, Zoning Map, and Subdivision Regulations Be it ordained by the Board of Commissioners of the County of Orange, North Carolina, that the Orange County Zoning Ordinance,Zoning Ordinance Map, and Subdivision Regulations are hereby amended (indicated by underlined language) as follows: PART I. That Article 1 Section 1.5 Farm Exemption of the Zoning Ordinance be amended as follows: 1.5 Farm Exemption The provisions of this ordinance which are adopted under Chapter 153A, Article 18, Part 3 do not apply to bona fide farms, as defined in Article 22. as defined within North Carolina General Statutes except as follows: 1. Any non-farm use of farm property, 2. Compliance with any and all regulations required to be imposed by the Federal Emergency Management Agency (FEMA) through the National Flood Insurance Program including any and all applicable Flood Insurance Rate Maps(FIRM), and 3. Compliance with the Orange County Special Flood Hazard Area Overlay Zoning District as detailed within this Ordinance. PART II. That Article 1 be amended to include a new Section, specifically Section 1.7, entitled Flood Damage Prevention Authority to read as follows: 1. The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3 and 4 of Article 18 of Chapter 153A; and Part 121, Article 6 of Chapter 153A of the North Carolina General Statutes, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. 2. Flood Insurance Rate Maps (FIRM), specifically FIRM Map Index 37135 CINDOC with an effective date of May 16, 2008 as well as all FIRM panels contained therein, developed by FEMA under a Cooperating Technical State agreement with the State of North Carolina and the Flood Insurance Study are hereby established as shown on the Official Zoning Atlas as the Special Flood Hazard Area Overlay Zoning District, and 32 3. The Board of Adjustment as established by Orange County shall hear and decide requests for variances from the requirements of the Orange County Special Flood Hazard Area Overlay Zoning District PART III. That Article 2 The Board of County Commissioners and its Administrative Mechanisms, specifically Section 2.3.6 Application of the Variance Power, of the Zoning Ordinance be amended as follows: Section 2.3.6.2 In addition to the standards contained within Section 2.3.6.1, any request for a variance from the Special Flood Hazard Area Overlay Zoning District shall abide by the following additional criteria: a. Variances may be issued for the repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. b. In passing upon such variances, the appeal board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this Ordinance, and: i. The danger that materials may be swept onto other lands to the injury of others; ii. The danger to life and property due to flooding or erosion damage; iii. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; iv. The importance of the services provided by the proposed facility to the Orange County; v. The necessity to the facility of a waterfront location, where applicable; vi. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; vii. The compatibility of the proposed use with existing and anticipated development; viii. The relationship of the proposed use to the Orange County Comprehensive Plan and floodplain management program for that area; ix. The safety of access to the property in times of flood for ordinary and emergency vehicles; x. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; xi. The costs of providing governmental services during and after flood conditions including maintenance and repair of public 33 utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges; and xii. The request for a variance is not after-the-fact or for a situation of one's own making. c. A written report addressing each of the above factors shall be submitted with the application for a variance. d. Upon consideration of the factors listed above and the purposes of this Ordinance, the appeal board may attach such reasonable conditions to the granting of variances as it deems necessary to further the purposes of this Ordinance. e. Variances shall not be issued within any designated floodway or non- encroachment area if any increase in flood levels during the base flood discharge would result. f. Conditions for Variances: i. Variances may not be issued when the variance will make the structure in violation of other Federal, State, or local laws, regulations, or ordinances. ii. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. iii. Variances shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship; c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; and, d. That the circumstances on the subject property are unique to the subject property and not to properties in general g. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the BFE and the elevation to which the structure is to be built and a written statement that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced reference level elevation. Such notification shall be maintained with a record of all variance actions. h. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the FEMA and the State of North Carolina upon request. 34 2.3.6.33 All of these findings of fact shall be made in the indicated order by the Board of Adjustment, which is not empowered to grant a variance without an affirmative finding of fact shall be supported by substantial evidence in the record of proceedings before the Board. 2.3.6.34 The Board may impose reasonable conditions upon the granting of any variance to insure that the public health, safety, and general welfare shall be protected and substantial justice done. 2.3.6.45 Nothing in this section shall be construed to authorize the Board to permit a use in a district where that use is neither a Permitted Use nor a Special Use. PART IV. That Article 3 Establishment of Zoning District and Atlas, Section 3.10 Interpretation of District Boundaries of the Zoning Ordinance be amended as follows: 3.10 Interpretation of District Boundaries a) When there is any uncertainty as to the intended location of any zoning district boundary on the Zoning Atlas, the Zoning Officer shall make an interpretation of said Atlas upon request of any person. Any person aggrieved by any such interpretation may appeal such interpretation to the Board of Adjustment. The Zoning Officer and the Board of Adjustment, in interpreting the Zoning Atlas or deciding any appeal, shall apply the following standards: la) Boundaries indicated as approximately following the centerlines of streets; highways or alleys shall be construed as following such centerlines; 2b) Boundaries indicated as approximately following lot lines shall be construed as following such lot lines; 3e) Boundaries indicated as approximately following City Limits shall be construed as following such City Limits; 4d) Boundaries indicated as following railroad lines shall be construed to be the center line of the main track; 5e) Boundaries indicated as following shorelines shall be construed to follow such shorelines; in the event of change in the shoreline, the boundary shall be construed as moving with the actual shorelines; boundaries indicates as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed as following such centerlines; boundaries shown as approximately following designated flood hazard area limits shall be construed as following such limits. 64) Boundaries indicated as parallel to or extensions of features indicated in Subsections A through E above shall be so construed. Distances not specifically indicated on the Zoning Atlas shall be determined by reference to the scale of the Atlas. 35 7g) Where physical or cultural features existing on the ground are at variance with those shown on the Zoning Atlas, or in other circumstances not covered by Subsections A through F above, the Board of Adjustment shall interpret the district boundaries. b) In addition, the following guidelines shall be required in determining the boundaries of the Special Flood Hazard Area Overlay District: 1. The boundaries of the Special Flood Hazard Area Overlay District shall be determined utilizing the Flood Insurance Study; 2. In areas between official cross sections, the Special Flood Hazard Overlay District shall be determined by scaling the distances on Flood Insurance Study maps; 3. The regulatory flood protection elevation must in all cases be the controlling factor in locating the outer limits of the Special Flood Hazard Area Overlay District; and PART V. That Article 4 Establishment of Permitted Use Table and Schedule Section 4.1 Establishment of Use Regulations of the Zoning Ordinance be amended by revising the existing numbering scheme and adding a new number thirteen (13) to read as follows: 12. Borrow pits(including reclamation by landfilling) associated within a State or Federal highway project (See Article 6.16..16). 13. Uses requiring special permits must meet certain conditions specified in this ordinance. Only after the existence of these specified conditions has been determined by the Board of Adjustment, or the Board of Commissioners, as appropriate, will a special permit be issued;otherwise such uses are prohibited uses. 14. Regulations governing the use of land and structures within a Planned Development district are as established in Article 7. 15. Within all districts, subdivisions .... 16. All uses, as detailed within this Section and the Ordinance in its entirety, shall comply with the various standards and development limitations as outlined within the Special Flood Hazard Area Overlay District. PART VI. That Article 4 Establishment of Permitted Use Table and Schedule by creating a new Section 4.2.34 entitled Special Flood Hazard Area Overlay District(SFHA) to read as follows: 36 Sec. 4.2.34 Statement of purpose. It is the purpose of this Ordinance to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions within flood prone areas by provisions designed to: a. Restrict or prohibit uses, which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion, flood heights or velocities; b. Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction; c. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; d. Control filling, grading, dredging, and all other development, which may increase erosion or flood damage; and e. Prevent or regulate the construction of flood barriers, which will unnaturally divert floodwaters or which may increase flood hazards to other lands. Sec. 4.2.35 Objectives. The objectives of SFHA Overlay District are to: a. Protect human life, safety, 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 such as water and gas mains, electric, telephone, cable and other communication facilities, and sewer lines, streets, and bridges located in flood-prone areas; f. Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; and g. Ensure that potential homebuyers are notified that property is in a Special Flood Hazard Area. Sec. 4.2.36 Statutory authorization. • 37 Under the authority outline in Section 1.7, the Board of Commissioners of Orange County,North Carolina, does ordain as follows: Sec. 4.2.37 Findings of fact. a) The flood prone areas within the jurisdiction of Orange County are subject to periodic inundation, which results 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. b) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood prone areas by uses vulnerable to floods or hazards to other lands, which are inadequately elevated, flood proofed, or otherwise unprotected from flood damages. Sec. 4.2.38. Applicability. This regulation shall apply to all SFHAs within the jurisdiction, including Extra- Territorial Jurisdictions (ETJ), if applicable, of Orange County and within the jurisdiction of any other Orange County whose governing body agrees, by resolution, to such applicability. Sec. 4.2.39 Basis for establishing the Special Flood Hazard Area Overlay Distict (SFHA). The SFHA are those identified by the FEMA or produced under the Cooperating Technical State agreement between the State of North Carolina and FEMA or Flood . Insurance Study(FIS) and its accompanying FIRMS for Orange County dated February 2, 2007, with incorporation of Letters of Map Amendments 07-04-6156R, 08-04-2897A, 08-04-2898A, 08-04-2899A, and 08-04-2900A, Letters of Map Revision 06-04-BQ22P, 06-04-C141P, 07-04-6156R, and 08-04-1666P and Summary of Map Amendment #115- CWG (C) dated May 16, 2008, which with accompanying supporting data, including Letters of Map Amendment or Revision and Summary of Map Amendments, are adopted by reference and declared to be a part of this Ordinance. The SFHA also include those defined through standard engineering analysis for private developments or by governmental agencies, but not incorporated into the FIRM. This includes, but is not limited to, detailed flood data: 1. Detailed flood data generated as a requirement of Section 21.11 (11/12) of this Ordinance; 2. Preliminary FIRMS where more stringent than the effective FIRM; or 3. Post-disaster Flood Recovery Maps, if available. 38 Sec. 4.2.40 Compliance No structure or land shall hereafter be located, extended, converted, altered, or developed, improved, or maintained in any way without full compliance with the terms of this Ordinance and other applicable regulations. PART VII. That Article 6 Application of Dimensional Requirements by creating a new Section 6.32 entitled Special Flood Hazard Area Overlay District(SFHA) to read as follows: Sec. 6.32.1 Additional Requirements for the Special Flood Hazard Areas. In all SFHA's the following provisions are required: 1.All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. 2.All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to minimize flood damage. 3.All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damages. 4.Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. These include but are not limited to HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric meter panels/boxes, utility/cable boxes, appliances (washers, dryers, refrigerator, etc.), hot water heaters, and electric outlets/switches. 5.All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. 6.New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. 7. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding_ 8.Any alteration, repair, reconstruction, or improvements to a structure, which complies with the provisions of this Ordinance, shall meet the requirements of "new construction"as contained in this Ordinance. 39 9.New solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted in SFHAs. 10. A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a SFHA only if the structure or tank is either elevated or flood proofed to at least the regulatory flood protection elevation and certified according to Section 14.6(3) of this Ordinance. 11. Storage of the following chemical compounds shall be prohibited within SFHAs: a) Acetone, q) Acetylene gas, b) Ammonia, r) Gasoline and any c) Benzene, petroleum product, d) Calcium carbide, s) Lumber, e) Carbon disulfide, t) Charcoal or coal dust 0 Celluloid, u) Polychlorinated g) Chlorine, biphenyls (PCBs), h) Hydrochloric acid, v) Polynuclear aromatic i) Prussic acid, hydrocarbons (PAHs), j) Magnesium, w) Volatile organic k) Nitric acid, compounds (VOCs), or 1) Oxides of x) Anypriority pollutants nitrogen, listed in Table 1 of m) Phosphorus, Section 307 of the Clean n) Potassium, Water Act(P.L. 92-500), o) Sodium, as amended p) Sulfur, 12. Hospitals, nursing homes, foster care facilities, sheriff's facilities, fire stations, emergency operations centers, and vehicle and equipment storage facilities shall not be permitted in SFHAs. 13. Any inhabited structure within any SFHA shall have unobstructed, dry access during a regulatory flood event. 14. New fill material within any SFHA shall be prohibited. Sec.6.32.2 Specific standards. In all SFHAs where BFE data has been provided, as set forth in Section 4.2.38 or 21.9, the following provisions are required: 1.Residential Construction. New construction within the SFHA shall be prohibited. Substantial improvement of any existing residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than two (2) feet above the regulatory flood protection elevation, as defined in Article 22 of this Ordinance. Should solid foundation perimeter walls be used to elevate a structure, opening sufficient to automatically facilitate 40 equalization of hydrostatic flood forces on exterior walls shall be provided pursuant to Section 14.6.2. 2.Non-Residential Construction. New construction within the SFHA shall be prohibited. Substantial improvement of any existing commercial, industrial, or other non- residential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation. Structures located in the AE • Zone may be flood proofed no lower than two feet above the level of the base flood elevation in lieu of elevation provided that all areas of the structure below the required flood protection elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A North Carolina licensed Professional Engineer or Architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Section 14.6. 3. Manufactured Homes. a. Replacement manufactured homes shall be elevated so that the reference level of the manufactured home is no lower than the regulatory flood protection elevation. b. Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, or lateral movement according to the State of North Carolina Regulations for Manufactured/Mobile Homes, 1995 Edition, and any revision thereto adopted by the Commissioner of Insurance pursuant to NCGS , 143-143.15 or a certified engineered foundation. Additionally, when the elevation would be met by an elevation of the chassis thirty-six (36) inches or less above the grade at the site, reinforced piers or other foundation elements of at least equivalent strength shall support the chassis. When the elevation of the chassis is above thirty-six (36) inches in height, an engineering certification is required. c. All foundation enclosures or skirting shall be according to Section 14.6.3. d. - An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall be filed with and approved by the Floodplain Administrator and the local Emergency Management coordinator. 4.Public roads, private roads and driveways. Any public road, private road, or driveway crossing a SFHA shall require a `No-Impact' certification approval from the North Carolina Emergency Management Division before any building permits for new construction can be issued, which derive their vehicular access from such public roads, private roads, or driveways. If the "No-Rise" certification data demonstrate that the Base Flood Elevation will rise more than one vertical foot, then the developer shall file a Conditional Letter of Map Revision with the North Carolina Division of Emergency Management for review and approval. Before any building permit can be issued for the improvements associated with the stream crossing, an 41 approve Letter of Map Revision shall be on file in the Planning and Inspections Department. S. Recreational Vehicles. Recreation vehicles placed on sites within a SFHA shall either: a. Be on site for fewer than 180 consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions); or b. Meet all the requirements for new construction, including anchoring and elevation requirements of Section 14.6 and 6.32.1 and subsection (3) of this section. 6. Elevated Buildings. New construction or substantial improvements of elevated buildings that include fully enclosed areas that are below the regulatory flood protection elevation shall not be designed to be used for human habitation, but shall be designated to be used only for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises, be constructed entirely_of_flood resistant materials below the regulatory flood protection level in the AE zone and meet the following design criteria: a. Measures for complying with this requirement shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. To meet this requirement, the foundation must either be certified by a North Carolina licensed Professional Engineer or Architect or meet the following minimum design criteria: i. Provide a minimum of two openings on different sides of each enclosed area subject to flooding; ii. The total net area of all openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding; iii. If a building has more than one enclosed area, each area must have openings on exterior walls to allow floodwaters to directly enter and exit iv. The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade; v. Openings may be equipped with screens, louvers, or other opening coverings or devices provided they permit the automatic flow of floodwaters in both directions; and vi. Foundation enclosures made of flexible vinyl or sheet metal skirting are not considered enclosures for regulatory and flood insurance rating purposes, and therefore, do not require openings. Masonry or wood underpinning, regardless of 42 structural status, is considered an enclosure and requires hydrostatic openings as outlined above to comply with this Ordinance. b. The enclosed areas shall be used solely for parking of vehicles, building access, or storage. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area(stairway or elevator). The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. 7. Temporary structures. Prior to the issuance of a floodplain development permit for a temporary structure, the following requirements shall be met: a. Applicants shall submit to the Floodplain Administrator a plan for the removal of such structure(s) in the event of a hurricane or flash flood warning notification. The plan shall include the following information: i. A specified time period for which the temporary use will be permitted; ii. The name, address, and phone number of the individual responsible for the removal of the temporary structure., iii. The time frame prior to the event at which a structure will be removed(i.e.,minimum of seventy-two (72)hours before landfall of a hurricane or immediately upon flood warning notification); iv. A copy of the contract or other suitable instrument with a trucking company to ensure the availability of removal equipment when needed; and v. Designation, accompanied by documentation, of a location outside the SFHA to which the temporary structure will be moved. b. The above information shall be submitted in writing to the Floodplain Administrator for review and written approval. 8. Accessory Structures. When accessory structures (sheds, detached garages, etc.) are to be placed within a SFHA, the following criteria shall be met: a. Accessory structures shall not be used for human habitation (including work, sleeping, living, cooking or restroom areas); b. Accessory structures shall be designed to have low flood damage potential; 43 c. Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters; d. Accessory structures shall be firmly anchored according to Section 6.32.1; e. All service facilities such as electrical and heating equipment, shall be installed according to Section 6.32.1; f. Openings to relieve hydrostatic pressure during a flood shall be provided conforming to subsection 5 of this Section; g. An accessory structure with any dimension that is twelve feet or less in height, width, or depth does not require an elevation or flood proofing certificate. Elevation or flood proofing certifications are required for all other accessory structures according to Section 14.6(3); and h. The accessory structure shall meet all zoning and building code requirements. 9. Additions/Improvements. a. Additions and/or improvements to pre-FIRM structures whereas the addition and/or improvements in combination with any interior modifications to the existing structure are: i. Not a substantial improvement as defined and does not require a zoning or building permit, the addition and/or improvements shall be designed to minimize flood damages and shall not be any more non-conforming than the existing structure. ii. Substantial improvement as defined requiring a zoning or building permit, both the existing structure and the addition and/or improvements shall comply with the standards for new construction. b. Additions to post-FIRM structures with no modifications to the existing structure shall require only the addition to comply with the standards for new construction. c. Additions and/or improvements to post-FIRM structures whereas the addition and/or improvements in combination with any interior modifications to the existing structure are: i. Not a substantial improvement, the addition and/or improvements only must comply with the standards for new construction; and, ii. A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction. 44 d. Where a fire wall or independent perimeter load-bearing wall is provided between the addition and the existing building, the addition(s) shall be considered a separate building and only the addition need comply with the standards for new construction. Sec. 6.32.3 Specific Standards for floodplains without established base flow elevations (Approximate Zone A). Within the SFHAs established in Section 42.38 are where no base flood data has been provided the following provisions shall apply: 1. No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of fifty (50) feet each side from top of bank or five times the width of the stream whichever is greater, unless certification with supporting technical data by a North Carolina licensed Professional Engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 2. If Section 6.32.2(1) is satisfied.and BFE data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this Ordinance and shall be elevated or flood proofed according to elevations established according to Section 4.2.38. 3. All subdivisions, manufactured home parks, and other development proposals located within SFHAs shall provide BFE data. Such BFE data shall be adopted by reference per Section 4.2.39 to be utilized in implementing this Ordinance. 4. When BFE data are not available from a Federal, State, or other source, the reference level, including basement, shall be elevated at least two (2) feet above the highest adjacent grade. Sec. 6.32.4 Subdivisions, manufactured home parks, and major developments. All subdivisions, manufactured home park, and major development proposals located within SFHAs shall: 1. Be consistent with the need to minimize flood damage. 2. Have public utilities and facilities such as sewer, gas, electric, cable, and water systems located and constructed to minimize flood damage. 3. Have adequate drainage provided to reduce exposure to flood hazards 4. Have BFE data provided if development exceeds either of fifty(50) lots/units or five (5) acres. Such BFE data shall be adopted by reference per Section 4.2.39. Sec. 6.32.5 Standards for floodplains with BFE but without established floodways or non-encroachment areas. 45 Along rivers and streams where BFE data area is provided, but neither floodway not non- encroachment areas are identified for a SFHA on the FIRM or in the FIS, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless certification with supporting technical data by a North Carolina licensed Professional Engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood by more than one foot at any point within Orange County. Sec. 6.32.6. Floodway and non-encroachment areas. Areas designated as floodways or non-encroachment areas are located within the SFHA established in Section 4.2.39. The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions shall apply to all development within such areas: 1. No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless it has been demonstrated through an hydrologic d hydraulic analyses, performed according to standard engineering practice, that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood. Such certification and technical data shall be presented to the Floodplain Administrator before issuance of floodplain development permit. 2. If the requirements of Section 6.32.2b(1) are adhered to, all development shall comply with all applicable flood hazard reduction provisions of this Ordinance. No manufactured homes shall be permitted, Sec.6.32.7. Standards for Floodplains without Established Base Flood Elevations. Within the SFHAs established in Section 4.2.38,where no BFE data has been provided, the following provisions shall apply: 1. No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of twenty feet each side from top of bank or five times the width of the stream whichever is greater, unless certification with supporting technical data by a North Carolina licensed Professional Engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 2. If the requirements of Section 6.32.2(1) are adhered to and BFE data are available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this Ordinance and shall be elevated or flood proofed according to elevations established according to Section 21.11(11/12). When BFE data are not available from a federal, state, or other source, the reference level, including basement, shall be elevated at least two (2) feet above the HAG. 46 Sec. 6.32.8. Effect upon outstanding floodplain development permits. Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the Floodplain Administrator or his/her authorized agents before the time of passage of this Ordinance; provided, however, that when construction is not begun under such outstanding permit within a period of six (6) months subsequent to passage of this Ordinance or any revision thereto, construction or use shall be in conformity with the provisions of this Ordinance. Sec. 6.32.9 Enforcement The provisions of the SFHA Overlay District shall be enforced in accordance with the requirements contained within Section 23.5 of this Ordinacne. PART VIII. That Article 8 Special Uses be amended by creating a new Section 8.6.1 entitled Additional standards for development of uses within Special Flood Hazard Area Overlay District(SFHA) to read as follows: Section 8.6.1 Additional Standards for Development of Uses within Special Flood Hazard Areas. The Board of County Commissioners may issue a Class "A" Special Use Permit for solid waste disposal facilities, hazardous waste management facilities, salvage/junk yards, and chemical storage facilities that are located in SFHAs if all of the following conditions are met.: a. The use serves a critical need in the Orange County. b. No feasible location exists for the use outside the SFHA. c. The reference level of any structure is elevated or flood proofed to at least the regulatory flood protection level. d. The use complies with all other applicable federal, state and local laws. e. Orange County has notified the Secretary of the North Carolina Department of Crime Control and Public Safety of its intention to grant a Special Use Permit at least thirty(30) days before granting the variance. The Board is required to make affirmative findings of fact based on the testimony of the applicant(s) as to the project's compliance with these standards. PART IX. That Article 10 Parking be amended by creating a new 10.2 to read as follows: Sec. 10.2 Prohibited within Special Flood Hazard Areas. 47 Any off-street parking and loading facilities are prohibited within a Special Flood Hazard Area. PART X. That Article 11 Nonconformities be amended Section 11.9 Non-conforming Uses of Major Structures, or Structures and Premises in Combination by adding a new subsection (f) to read as follows: f) Non-conforming buildings or uses or other development may not be enlarged, replaced, or rebuilt unless such enlargement or reconstruction is accomplished conforming to the provisions of this Ordinance. Provided, however, nothing in this Ordinance shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this Ordinance and located totally or partially within the floodway non-encroachment area, or stream setback, provided that the bulk of the building or structure below the regulatory flood protection elevation in the floodway, non-encroachment area, or stream setback is not increased and provided that such repair, reconstruction, or replacement meets all of the other requirements of this Ordinance. PART XI. That Article 14 Site Plan Approval Procedures Section 14.1 Intent to read as follows: 14.1 INTENT To establish a set of standards for site plan applications. APPLICABILITY As required by Article 21.4 of this Ordinance, a zoning compliance permit must be issued before any new site development,building, structure, or vehicular use area may be erected, constructed or used. Site plan approval is required for a zoning compliance permit with the following exceptions: a. single-family detached dwellings and duplexes, and accessory structures to those residential uses; provided, however, when such uses are located in the University Lake Watershed (ULW) District, site plan approval shall be required. b. temporary uses which do not exceed thirty(30) days in duration; and c. interior renovation or repair of an existing structure,provided the use of the lot and/or structure has not changed. Site plan approval, as detailed herein, shall be required for all structures and proposed uses of property for all properties located within the Special Flood Hazard Area Overlay District 48 PART XII. That Article 14 Site Plan Approval Procedures Section 14.2 Professional Design and Certification be amended to read as follows: 14.2.1 PROFESSIONAL DESIGN AND CERTIFICATION Each site plan shall be prepared by a registered engineer, landscape architect, architect, or land surveyor; however, in some cases,professional design and certification of the plan may not be required. These exceptions include,but are not limited to the following: a. Proposed additions to existing permitted non-residential structures where the use of the structure and lot has not changed and the floor area is not increased more than twenty-five percent(25%); and b. Accessory structures to existing permitted non-residential structures where vehicular use area is not extended and changes to existing grade are not more than one (1.0) foot in elevation. c. Single-family detached dwellings and duplexes, and accessory structures to such uses when located in the University Lake Watershed(ULW)District. d. Large day care homes, as defined in Article 22, Definitions. e. Rural Guest Establishments with three (3) guestrooms or less -Bed&Breakfasts. Any and all projects proposing the development of property located within the Special Flood Hazard Area Overlay District shall be required, regardless of the proposed land use to submit a site plan prepared by a registered engineer, landscape architect, or land surveyor in accordance with the provisions herein. PART XIV. That Article 14 Site Plan Approval Procedures be amended creating a new Section 14.6 Floodplain development permit and certification requirements for properties within the Special Flood Hazard Area Overlay District to read as follows: Sec. 14.6 Floodplain development permit and certification requirements for properties within the Special Flood Hazard Area Overlay District. 14.6.1. Plans and Application requirements. Application for a floodplain development permit shall be made to the Floodplain Administrator on forms furnished by him or her prior to any development activities proposed to be located within flood prone areas. The following items/ information shall be presented to the Floodplain Administrator to apply for a floodplain development permit. 49 a) A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development: i. The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, driveways, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development; ii. The boundary of the SFHA as delineated on the FIRM or other flood map as determined in Section 4.2.38 or a statement that the entire lot is within the SFHA; iii. Flood zone(s) designation of theproposed development area as determined on the FIRM or other flood map as determined in Section 4.2.38; iv. The boundary of the floodway(s) or non-encroachment area(s) as determined in Section 4.2.38; v. The Base Flood Elevation(BFE) where provided as set forth in Section 4.2.38; Section 21.11 (11/12); or Section 6.32.1; vi. The old and new location of any watercourse that will be altered or relocated as a result of proposed developmental vii. Preparation of the plot plan by or under the direct supervision of a North Carolina licensed professional Land Surveyor or Professional Engineer and certified by them. b) Proposed elevation, and method thereof, of all development within a SFHA including but not limited to: i. Elevation in relation to mean sea level of the proposed reference level (including basement)of all structures; ii. Elevation in relation to mean sea level to which any non- residential structure in Zone AE will be flood-proofed; iii. Elevation in relation to mean sea level to which any proposed utility systems will be elevated or flood proofed; c) If flood proofing, a flood proofing certificate and back-up plans from a registered professional engineer or architect certifying that the non- residential flood proofed development will meet the flood-proofing criteria in Section 6.32.2. d) A Foundation Plan drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this Ordinance are met. These details include but are not limited to: i. Proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear wall); 50 ii. Openings to facilitate equalization of hydrostatic flood forces on walls according to Section 6.32.2(5),when solid foundation perimeter walls are used in Zones; e) Usage details of any enclosed space below the regulatory flood protection elevation. f) Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage; g) Copy of all other Local, State and Federal permits required prior to floodplain development permit issuance (i.e. Wetlands, Erosion and Sedimentation Control,Riparian Buffers, Mining, etc.) h) If the Floodplain Administrator issues a floodplain development permit for placement of recreational vehicles and/or temporary structures, documentation to ensure compliance with Section 6.32.2(5 and 7) of this Ordinance. i) If a watercourse is proposed to be altered and/or relocated, a description of the extent of watercourse alteration or relocation, an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map, drawn to scale, (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation. 14.6.2. Floodplain Development Permit Data Requirement. The following information shall be provided at a minimum on the floodplain development permit to ensure compliance with this Ordinance. a. A description of the development under the floodplain development permit issuance. b. The SFHA determination for the proposed development per available data specified in Section 4.2.38. c. The regulatory flood protection elevation required for the reference level and all attendant utilities. d. The regulatory flood protection elevation required for the protection of all public utilities. e. All certification submittal requirements with timelines. f. A statement that no fill material shall encroach into the floodway or non-encroachment area of any watercourse, if applicable. 51 g. If in an AE zone, specify the minimum foundation opening requirements h. State limitations of below BFE enclosure uses (if applicable) such as, parking, building access and limited storage only). 14.6.3. Certification requirements a. An Elevation Certificate (FEMA Form 81-31) or Flood Proofing Certificate (FEMA Form 81-65) is required after the reference level is completed. Within twenty-one (21) calendar days of establishment of the reference level elevation, or flood proofing, by whatever construction means, whichever is applicable, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, or flood proofing elevation, whichever is applicable, in relation to mean sea level. Said certification shall be prepared by, or under the direct supervision of, a North Carolina licensed professional Land Surveyor or Professional Engineer and certified by them. Any work done within the twenty-one (21) day calendar period and before submission of the certification shall be at the permit holder's risk. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and before further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project. b. A Final As-Built Elevation Certificate (FEMA Form 81-31) is required after construction is completed and prior to Certificate of Compliance/Occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. Elevation certification shall be prepared by, or under the direct supervision of, a North Carolina licensed professional Land Surveyor or Professional Engineer and certified by the same. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/Occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make said corrections required shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy. c. If a manufactured home is placed within Zone AE and the elevation of the chassis is more than thirty-six (36) inches in height, an engineered foundation certification is required per Section 6.32.2(3). d. If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; an engineering report on the effects of the proposed project on the flood-carrying capacity of the 52 watercourse and the effects to properties located both upstream and downstream; and a map, drawn to scale, showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance of a floodplain development permit. e. Certification Exemptions. The following structures, if located within Zone AE, are exempt from the elevation/flood proofing certification requirements specified in items a. and b. above: i. Recreational vehicles meeting requirements of Section 6.32.2(5);, ii. Temporary structures meeting requirements of Section 6.32.2(7h and iii. Accessory Structures with any dimension that is twelve (12) feet or greater in height, width, or depth, meeting requirements of Section 6.32.2(8): PART XV. That Article 20 Amendments Section 20.3.2 Contents of Application be amended by creating a new subsection (g), and re-numbering the existing regulation, reading as follows: f) A traffic impact study as required by Article 13. g) For amendments to the Special Flood Hazard Area Overlay District, the following information shall be submitted pertaining to a Letter of Map Amendment (an elevation certificate with either an MT-1, MT-2, or MT-EZ — forms available through FEMA) or a"No-Imapct" analysis for a Letter of Map Revision. hg) All other circumstances, factors and reasons which the applicant offers in support of the proposed Zoning Atlas and/or Zoning Ordinance text amendment. PART XVI. That Article 21 Administration be amended by creating a new Section 21.9 entitled Additional Administrative Provisions for the Special Flood Hazard Area Overlay District reading as follows: Sec. 21.9 Additional Administrative Provisions for the Special Flood Hazard Area Overlay District. Section 21.9.1 Administration: • The Zoning Officer, or his/her designee, shall hereinafter be referred to as the "Floodplain Administrator", is shall hereby be appointed to administer and implement the provisions of this Ordinance relating to the development and enforcement of various provisions associated with: 1. Special Flood Hazard Area Overlay District, and 53 2. State and Federal regulations concerning floodplain development Sec. 21.9.2 Duties and responsibilities of the Floodplain Administrator. Duties of the Floodplain Administrator shall include, but not be limited to: 1. Review all floodplain development applications and issue permits for all proposed development within flood prone areas to ensure that the requirements of this Ordinance have been satisfied. 2. Advise permittee that additional Federal or State permits (i.e., Wetlands, Erosion and Sedimentation Control, Riparian Buffers, Mining, etc.) may be required, and if specific Federal or State permits are known, require that copies of such permits be provided and maintained on file with the floodplain development permit. 3. Notify adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for the NFIP prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA. 4. Ensure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. 5. Prevent encroachments within floodways and non-encroachment areas unless the certification ' and flood hazard reduction provisions comply with Section 6.32.3. 6. Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) of all attendant utilities of all new or substantially improved structures, according to Section 14.6(3). 7. Obtain the actual elevation (in relation to mean sea level) to which the new or substantially improved structures and all utilities have been flood proofed, according to Section 14.6(3): 8. Obtain actual elevation (in relation to mean sea level) of all public utilities, according to Section 14.6(3). 9. When flood proofing is utilized for a particular structure, obtain certifications from a North Carolina licensed Professional Engineer or Architect according to Section 6.32.2. 10. Where interpretation is needed as to the exact location of boundaries of the SFHAs (for example, where there appears to be • 54 a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 2.3.6.2. 11. When BFE data have not been provided according to section 4.2.38, obtain,review, and reasonably utilize any BFE data, along with floodway data and/or non-encroachment area data available from a Federal, State, or other source, including data developed pursuant to Section 6.32.2, in order to administer the provisions of this Ordinance. 12. When BFE data is provided, but no floodway nor non- encroachment area data has been provided according to Section 4.2.38, obtain, review, and reasonably utilize any floodway data, and/or non-encroachment area data available from a Federal, State, or other source in order to administer the provisions of this Ordinance. 13. When the exact location of boundaries of the SFHAs conflict with the current, natural topography information at the site, the property owner may apply and be approved for a Letter of Map Amendment (LOMA) by FEMA. The Floodplain Administrator in the floodplain development permit file will maintain a copy of the LOMA issued from FEMA. 14. Permanently maintain all records pertaining to the administration of this Ordinance and make these records available for public inspection during normal business hours. 15. Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the Floodplain Administrator has a right,upon presentation of proper credentials, to enter on any premises within the jurisdiction of the Orange County at any reasonable hour for the purposes of inspection or other enforcement action. 16. Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and/or other official flood maps/studies adopted under Section 4.2.38 of this Ordinance, including any revisions thereto including LOMA, issued by State and/or FEMA. 17. Notify State and FEMA of mapping needs. 18. Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in 55 violation of this Ordinance, the Floodplain Administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing the work and the owner shall be sent a copy via the U.S. mail. The stop-work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a Class Three (3)misdemeanor. 19. Revocation of floodplain development permits, as required. The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable State or local law may also be revoked. 20. Make periodic inspections throughout all SFHAs within the Orange County jurisdiction. The Floodplain Administrator and each member of the Planning and Inspections Department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action. 21. Follow through with corrective procedures of Section 23.5. 22. Coordinate Letters of Map Change and FIS/FIRM revisions with other County departments, State of North Carolina, and FEMA. Sec. 21.9.3 Establishment of floodplain development permit. A floodplain development permit shall be required conforming to the provisions of this Ordinance prior to the commencement of any development activities within SFHA as determined in Section 4.2.38. PART XVII. That Article 22 Definitions be amended by adding the following definitions: Addition (to an existing building) -- an extension or increase in the floor area or height of a building or structure, including adding new plumbing, electrical, or HVAC systems. Area of special flood hazard -- See"Special Flood Hazard Area(SFHA) Overlay District" Appeal -- A request from a review of an administrative interpretation of any provision of this Ordinance by the Board of Adjustment. 56 Base flood -- The flood having a one (1)percent chance of being equaled or exceeded in any given year. It is often referred to as the 100-year flood. Base flood elevation (BFE) -- A determination as published in the Flood Insurance Study of the water surface elevations of the base flood. Basement--Any area of the building having its floor sub grade (below ground level) on all sides. Chemical storage facility -- A building,portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products. Development -- any constructed change to improved or unimproved real estate, including,but not limited to, buildings or other structures, mining, dredging, filling= grading, paving, excavation or drilling operations, or storage of equipment or materials. Disposal -- the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwater. Elevated Building -- A non-basement building, which has its reference level raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns with openings sufficient to facilitate automatic equalization of hydrostatic flood forces on exterior walls by allowing entry and exit of floodwaters and the unimpeded movement of floodwaters. Encroachment -- The advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain,which may impede or alter the flow capacity of a floodplain. Existing Construction -- Structures for which, the "start of construction" commenced before March 16, 1981. This term may also be referred to as"existing structures." Existing manufactured home park or manufactured home subdivision -- a manufactured home park or subdivision for which, for flood damage prevention purposes,the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) completed before March 16, 1981. Flood and flooding -- A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and the unusual and rapid accumulation of runoff of surface waters from any source. Flood fringe -- That portion of the SFHA outside of the floodway as defined in the FIS and with the boundary of the 100-year floodplain. Flood Insurance -- The insurance coverage provided under the National Flood Insurance Program (NFIP). Flood insurance rate map (FIRM) -- An official, adopted Orange County map, issued by the FEMA, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the county are delineated. 57 These areas are incorporated within the official Zoning Atlas for Orange County as the Special Flood Hazard Area Overlay District. Flood Insurance Study (FIS) -- An examination, evaluation, and determination of flood hazard areas, corresponding water surface elevations (if appropriate), flood insurance risk zones, and other flood data in Orange County issued by FEMA. The FIS report contains an evaluation and determination of flood hazards and corresponding flood profiles, as well as FIRMs, if published. Floodplain or Flood Prone Area -- Any land area susceptible to being inundated by water from any source and is interchangeable terms. Floodplain Administrator -- The individual appointed to administer and enforce the floodplain management regulations. Floodplain Development Permit -- A required document for any disturbance within a mapped special flood hazard area. Floodplain Management -- The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. Floodplain Regulations -- This Ordinance, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power, which control development in flood- prone areas. This term describes federal, state or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. Flood Proofing -- Any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation facilities, or structures with their contents. Floodway -- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (I) foot. This term may also be referred to as "regulatory floodway." Flood Zone -- A geographical area shown on a FIRM that reflects the severity or type of flooding in the area. Floor -- See"Lowest Floor". Freeboard -- The additional amount of height added to the Base Flood Elevation (BFE) to account for uncertainties in the determination of flood elevations. Functionally Dependent Facility -- A facility, which cannot be used for its intended purpose unless it is located in close proximity to water, such as a docking, or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities. Hazardous Waste Management Facility -- A facility or any portion of a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste on or in land in 58 accordance with rules adopted by the State of North Carolina Department of Environment and Natural Resources. Highest Adjacent Grade (HAG) -- The highest natural elevation of the ground surface, prior to construction,next to the proposed walls of the structure. Historic structure -- Any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a local inventory of historic landmarks in communities with a "Certified Local Government (CLG) Program," which has been approved by the Department of the Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior, or directly by the Secretary of the in states without approved programs Lowest adjacent grade (LAG) -- The elevation of the ground, sidewalk, patio slab, or deck support immediately next to the building after completion of the building. Lowest floor -- The sub floor, top of slab or grade of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement area is not considered a building's lowest floor provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Ordinance. Manufactured home park or subdivision -- A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market Value -- The building value, excluding the land, (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. An independent certified appraisal can establish a market value using; replacement cost depreciated by age of building (Actual Cash Value) or adjusted assessed values. Mean sea level -- For purposes of the NFIP, the National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which BFE's shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used. New construction -- Structures for which the "start of construction" commenced on or after March 16, 1981, and includes any subsequent improvements to such structures. Non-Encroachment area -- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report. • • 59 Obstruction -- Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across, or projecting into any watercourse, which may alter, impede, retard, or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. Post-FIRM -- Construction or other development, which started on or after March 16, 1981. Pre-FIRM-- Construction or other development, which started before March 16, 1981. Public safety and/or nuisance -- Anything, which is injurious to the safety or health of an entire Orange County or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river,bay, stream, canal, or basin. Reference level -- The portion of a structure or other development that must be compared to the regulatory flood protection elevation to determine regulatory compliance. For structures within Special Flood Hazard Areas designated as Zone AE, the reference level is the top of the lowest floor. Regulatory flood protection elevation -- The elevation to which all structures and other development located within the Special Flood Hazard Areas have been determined. Within areas where BFE's have been determined, this elevation shall be the BFE plus two (2) feet of freeboard. In areas where no BFE has been established, all structures and other development must be elevated or flood proofed, if non-residential,to two(2) feet above the highest adjacent grade. Remedy a violation -- To bring the structure or other development into compliance with State and Orange County laws and regulations. Repetitive loss -- Flood-related damages sustained by a structure on two (2) separate occasions during any ten (10)-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five (25) percent of the market value, or the tax value in the absence of recent comparative sales, of the structure before the damage occurred. Retrofitting -- Measures, such as flood proofing, elevation, construction of small levees, and other modifications, taken on an existing building or its yard to protect it from flood damage. Riverine-- Relating to, formed by, or resembling a river(including tributaries), stream,brook, etc. Salvage yard -- Property used for the storage, collection, and/or recycling of any type of equipment whatsoever, whether industrial or non-commercial, and including but not limited to vehicles, appliances and related machinery. Solid waste disposal facility -- Any facility involved in the disposal of any hazardous or non-hazardous refuses or sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, domestic sewage and sludges generated by the treatment thereof in sanitary sewage collection, treatment and disposal systems, and other material that is either discarded or is being accumulated, stored or treated prior to being discarded, or has served its original intended use and is generally discarded, including solid, liquid, semisolid or contained gaseous material resulting from industrial, institutional, commercial and agricultural operations, and from community activities. 60 Solid waste disposal site -- Any place at which solid wastes are disposed of by incineration, sanitary landfill or any other method. Special flood hazard area (SFHA) -- The land in the floodplain subject to a one (1) percent or greater chance of being flooded in any given year as determined in Section 4.2.39 of this Ordinance, as defined by the base flood elevation. The mapped special flood hazard area approximates the base flood elevation. Special Flood Hazard Area Overlay District: An overlay district establishing standards for development for properties within identified floodplains. Start of Construction -- Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building. Substantial damage -- Damage of any origin sustained by a structure during any one year period whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. See definition of "substantial improvement." Substantial damage also means flood-related damage sustained by a structure on two separate occasions during a ten (10)-year period for which the cost of repairs at the time of each such flood event, on the average equals or exceeds twenty-five (25)percent of the market value of the structure before the damage occurred. Substantial improvement-- Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one year period whereby the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures, which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either any correction of existing violations of State or Orange County health, sanitary, or safety code specifications which have been identified by the Orange County code enforcement official and which are the minimum necessary to assure safe living conditions, or any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. Water surface elevation (WSE) -- The height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. Watercourse -- A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. 61 Violation -- The failure of a structure, use or development to be fully compliant or is inconsistent with any provision of this Ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Ordinance is presumed to be in violation until such time as that documentation is provided. PART XVIII.That Article 22 Definitions be amended be revising the following definitions: Accessory structure (Appurtenant Structure) -- Any structure that is located on the same parcel of property or lot as the principal structure and houses an accessory use with any dimension greater than twelve (12) feet, shall not exceed 400 square feet or one story, and that is incidental to the use of the principal structure. Manufactured home -- A dwelling unit,transportable in one or more sections that:, (i) Is not constructed in accordance with the standards of the North Carolina Uniform Residential Building Code for One- and Two-Family Dwellings; (ii) Is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis, (iii) Exceeds forty(40) feet in length and eight(8) feet in width, (iv) The manufacturer voluntarily files certification required by the Secretary of the Department of Housing and Urban Development and complies with the standards established, and (iv) Is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. Recreational vehicle (RV) -- A self-propelled or towed vehicle, qualified to be licensed by the appropriate State agency and is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection,providing short term recreational living accommodations, designed primarily not for use as a permanent dwelling,but as temporary living quarters for recreational, camping, travel, or seasonal use. Structure -- Any walled and roofed building, a manufactured home, or a gas or liquid storage tank, that which is built or constructed principally above ground, constructed or erected to a height of thirty (30) inches or more, including but not limited to load bearing walls, columns,beams or girders. PART XX That Article Twenty-three Enforcement be amended by adding a new Section 23.5 entitled Additional Corrective Procedures —Special Flood Hazard Area Overlay District Standards Sec. 23.5 Corrective Procedures —Special Flood Hazard Area Overlay District Standards Sec 23.5.1 Actions in Event of a Violaiton: Identified violations of the Special Flood Hazard Area Overlay District shall be sent a Notice of Violation. The Notice shall detail the nature of the 62 violation and schedule a hearing with the Floodplain Administrator to review the situation. This hearing shall be held before the Floodplain Administrator at a designated place and time, not later than ten (10) business days after the date of the Notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter.. Following the hearing, the Floodplain Administrator may issue such order to alter, vacate, or demolish the building; or to remove fill as appears appropriate. Sec 23.5.2 Order to Take Corrective Action: If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator shall find that the building or development is in violation of this Ordinance, he or she shall make an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than sixty(60) days. Where the Floodplain Administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible. Sec 23.5.3 Appeal: Any owner who has received an order to take corrective action may appeal the order to the local elected governing body by giving notice of appeal in writing to the Floodplain Administrator and the clerk within ten (10) business days following issuance of the final order. In the absence of an appeal, the order of the floodplain administrator shall be final. The Board of Adjustment shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order. Sec 23.5.4 Failure to Comply with Order: If the owner of a building or property fails to comply with an order to take corrective action from which no appeal has been taken, or fails to comply with an order of the governing body following an appeal, he or she shall be guilty of a Class Three (3) misdemeanor and shall be punished in the discretion of the court. PART XXI. That Article Twenty-four Legal Status Provisions and Effective Date of the Zoning Ordinance be amended by adding the following to Section 24.2 and new Sections 24.4 Interpretation, Section 24.5 Effect on rights and liabilities under the existing flood damage prevention ordinance, and Section 24.6: 63 Sec. 24.2 This Ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance and any other Ordinance conflict or overlap whichever imposes the more stringent restrictions shall prevail. Sec. 24.5 Interpretation. In the interpretation and application of this Ordinance, all provisions shall be: a. Considered as minimum requirements; b. Liberally construed in favor of the governing body; and, c. Deemed to neither limit nor repeal any other powers granted under State statutes. Sec. 24.6 Effect on rights and liabilities under the existing flood damage prevention ordinance. This Ordinance in part comes forward by re-enactment of some of the provisions of the flood damage prevention ordinance enacted March 2, 1981, as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued hereunder are reserved and may be enforced. The enactment of this Ordinance shall not affect any action, suit or proceeding instituted or pending. All provisions of the Flood Damage Prevention Ordinance of Orange County enacted on March 2, 1981, as amended, which are not reenacted herein, are repealed. Sec. 24.7 The degree of flood protection required by this Ordinance is considered reasonable but does not imply total flood protection. PART XXII. The FIRM is hereby amended by LOMR with an effective date of August 7, 2008. 1. Letters of Map Amendment a. 07-04-6156R(dated January 8, 2008), b. 08-04-2897A(dated April 10, 2008), c. 08-04-2898A(dated April 29, 2008), d. 08-04-2899A(dated April 10, 2008), and e. 08-04-2900A, (dated May 22, 2008). 2. Letters of Map Revision f. 06-04-BQ22P (dated February 3, 2007), g. 06-04-C141P (dated November 5, 2007), h. 07-04-6156R(dated January 9, 2008), and i. 08-04-1666P (August 7, 2008). 3. Summary of Map Amendment#115-CWG(C) dated May 16, 2008. PART XXIII. That Section I Purpose, Authority, Jurisdiction, Private Property Rights and Applications to be Processed Expeditiously of the Subdivision Regulations is hereby amended as follows: • 64 I-F. Special Flood Harard Area Standards. Section 6.32 of the Orange County Zoning Ordinance is hereby adopted by reference. PART XXIV. Section II.Definitions of the Subdivision Regulations is hereby amended by adding the following definitions and deleting the existing definitions as follows: "Floodplain refers to any land area susceptible to being inundated by water from any source, more specifically, lands subject to a one (1) percent or greater chance of being flooded in any given year as determined in the Flood Damage Prevention Ordinance. The floodplain is also referred to as the special ood hazard area. S p ecial flood hazard areas are ma.•ed in the Federal Emer.enc Mana_ement Agency Flood Insurance Rate Maps as Zone AE for areas, where the base flood elevation has been determined, and Zone A, where no base flood elevation has been determined." "Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one(1) foot. This term may also be referred to as the regulatory floodway." "Special flood hazard areas refer to areas mapped in the Federal Emergency Management Agency Flood Insurance Rate Maps, with an effective date of February 2, 2007, as Zone AE for areas, where the base flood elevation has been determined, and Zone A,where no base flood elevation has been determined." PART XXV. The Orange County Flood Damage Prevention Ordinance is hereby rescinded in its present form and is no longer in effect. Adoption certification. I hereby certify that this is a true and correct copy of the amendments to the Zoning Ordinance and Subdivision Regulations, as adopted by the Board of County Commissioners of Orange County,North Carolina, on the day of 2009. WITNESS my hand and the official seal of,this the day of , 2009. Donna Baker Seal: Clerk to BOCC PART XXVI. This Ordinance shall be effective upon adoption. Adopted this the day of , 2009,upon motion of Commissioner , seconded by Commissioner I,Donna Baker, Clerk to the Board of Commissioners for the County of Orange,North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on. , 2009 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. WITNESS my hand and the seal of said County, this day of , 2009. Clerk to the Board of Commissioners men-t (o 65 0 MCCUL~~UGH 9849) RD K _ ! --~ ~' I ~~~~ 9837J ~J __~hI ~ 9847J~~~ ~' 9857J Proposed Zoning Atlas Amendments Zoning Overlay District -Special Flood Hazard Area (SERA) Legend 100-Year Floodplain LOMA - 100-Year Floodway Municipal Areas 0 Floodplain LOMR (Not subject to Atlas Q Floodplain SOMA Amendment) 0708J,K, or L - 9990J,K, or L --Flood Insurance Rate Map (FIRM) Panel Numbers 0 0.5 1 Miles Orange County Planrring and Inspections Department GIS Map Prepared by Miriam Coleman. February 12, 200E Projection: North Carolina State Plane (feet) Datum: North American 1983 66 ■ r,.. � -7g� illirli.I.1 , !1P■ lij ' 1 ir e imp•I ..in.....ii v s' arm, .t„,.9960K� 9980J 111 / girt _-iiiii lip �.. i.::::! milk ,:14 111-46../ 91111 i 1 Boy , p:;:o.,... „NopowAllil •ii■sigipmf,........at ....r-------11017-. 4...prinvim, lip v Iwo �,. v - _ . . -A L jot � LAW S II� Aliell I pal.hp.-1 \C / S TORE RD 9849) ` 9859J y 9889),,,,,okili f�� H U ir ■■■ .0.. viol iii.„ x i , I IL impirtimmi t: • ■.___ w, _11_, m 'WI! lit.I .1 ° Q ilitAilli:ii:liti BE ,���O �„ 9868) I. 1 iliikt, ..••.. '•' `t I ■� 1 1 ::5 �� LITTLE RIVE � ,� R CHURCH RD •9848J� ,1 9858J '�•i ec % •• 111141VMAIN 1-7.4,77.L 9888J • ,.. .::::::::::::, ■-�w?: Ifs,�� +gpw Aii r •mippro. tRAtaii li or IL 4„„IvaP j�E. • CARR STORE RD ;'L ra:,.. N iIi1i�1 ,� ■��� � IF 9847J �i�r l 9857J=2 `0, 1uI 9867J :::::..,.;:.;=.7" �_ 9877J, +3j 9887J ;AOK, MOM 1•1■„ Proposed Zoning Atlas Amendments l mi7J C(7 44i Zoning Overlay District - Special Flood Hazard Area (SFHA) ItiN "ARAM WNW I♦L `��• •I •■ 111VA\ I Legend 0 I 0.5 1 Miles 1 k��1■r`� FII '■--.__ok:Isom 100-Year Floodplain 1110A■iirlOr411 - 100-Year Floodway �s ansiI\ Floodplain LOMR �4- I��,._„�� .� „ Municipal Areas !'i1l:1i \al`,i Not subject to Atlas '� 'J ' '�"_ ( t Floodplain SOMA �.'�r�I�IM;; :� Amendment) p r irMillirani■ 0708J,K, or L-9990J,K, or L--Flood Insurance r g .rr.r►� Rate Map(FIRM)Panel Numbers `,�I�i.,Nn GIS Map Prepared by Miriam and Coleman,Inspections February 12,Department 009 Projection: North Carolina State Plane(feet) Datum: North American 1983 R 7 / M M _UMW, MI 9960K 1 '' Irilli ii • 9980J ■ ►I' 9990K� �� lllO 4,di �, Ma 0900) . 04,2m 6 0910) ,11, II III Illibinngil a i I IImIaM■Pm111N11I 1"1'115 or im f p --i WM\l Rfa I L v inowil IN um /`'i7m w-ar /off is �■■ r il. ■ I PIMP ill TI■I ,::::::: 11:ff 4 . Al r 4 op .... • .:,: NEI 9889J , 'sue 9899) ♦ `0809J ■': 0819J 10.,■� ■ r` �I \ ;ro. n11 �t L r \\Ohabp10 vs- IMO 1 Iff•Imillit41114741°- mrli lasnikillaril 0 EIT Alt -6., lir. MINIM Now 9,.868,::::ji,;ii;i:i:i444.,.04....:,:i71111i711111m.s. I 7111Mikretwr /11114,7 -25,,,,„mmil;,,, A, yew. ......, AIM ri ....... . , ..."... Ns, LI1TLERIVERC -; 'ita•.;= : �� `"`rl in.� ARCH RD % C I.'��., d IN O *1.74::iSTASIMION ff., 9888J • „.,„:...... ....411:■ -- : ., , ��"� ,,2 0808J `•Jr r �,0818K • ill) Illll�lpl � � �=,��11�1 �” III�IL I Ir'I vs�jam"r■ �r� Asir■ _om ij �III y umiiiirm ITINE. ....1....... 1 .1.1. �i °A -"WI 9877JA 9887J Amnion reimor 9897J, I pm.; 0897K1 ' 0817J IRWAIWIMe m.o. Proposed Zoning Atlas Amendments Ig�1l' rgyi o7 4 I Zoning Overlay District - Special Flood Hazard Area (SFHA) enil Rii .. ! 111 I INE111611awowni Il�LJ�g��►i,b111 Legend 0 0.5 1Miles BrifilIMPOPIIHNI_=ltr 100-Year Floodplain N Ir.�i��.�+,�■JI LOMA I� itallIlOOM - 100-Year Floodway PERSINIMMOI Municipal Areas ,MI Floodplain LOMR I,� ,�,,_� (Not subject to Atlas °� nM111�lflilli :� Amendment) Floodplain SOMA j��ltalli rertill 0708J,K, or L-9990J,K, or L--Flood Insurance ►,{_'- :.�..`,�al■ Rate Map(FIRM) Panel Numbers `�'r���,�/,,' , an, �ent GIS Map Prepared by Miriam Coleman,February 2009 Projection: North Carolina State Plane(feet) Datum: North American 1983 8 <r '7 9828K -< • - rot jiii * 9848J, , 9858J !, !I 1.1 • ��ilfili impif■l... 1 1:,....1118 1, t- I ::.:.:,:.::.:....„.: ........ ,..„, ... Al M:::::: .,.. ‘1111-1-111 MIK- ■411 Agair, /li *;::::::::::::::::::* , t < 9827,K' :, �, 9837J _�y#'i`� 1i 98477 9857J a *, ::40.c.... , ..„ ii .Ilp„,:... .10,1,7„1.11 \ limpaza'4"4-.4;":::::::i::;::::::::.:::;iiiiii' .- ' FAVOillir Al ♦ ti -- 'Mr' :r wwr lip ti� WI\mil\I -�j �ng9a , �r� ell.v arc A �!d+� 1 Ii sr 9826K iallI as 9836J,1�j�.r�;!1 Ito��� 9846J -� 9856J ��'� III'°`�, . ��=111►t u� powa SW iiii .,�..>.•.i�a p �`. *4, '111111 _0. ...,..411., AI VP IIIIRWArrai =lb. all111111114"rilliWOA -....a.Ast, 11111 iiii II pririvi willimmlimi II rrr.�' Flair' � u rl i� 111(;11' r!�/11��'ij)��iir ■I ` < \ NE i�� '�17 t. \ 0011_ >, w LEBANON RD iri arl 74 tl MN' ��. � j 11 - M1. T t,�=1 9825K ioo,latrlig.... 9835J 9845J a 9855J �♦a1��plk 01=/�1�� jam_- `a l7 ® N1ET%k,IIUk'!%f 7� (rIt I 1 . 0 It.=4" ii 5� ��l; � = • o s %; , , al Z :� rify I inicilattlallil Air \ .1mta.u,a mnn►A1e>iA gli��/1 �t 11111111= I q •i0m1eEL"ice .. "4', . .•■ 9824K ® M .:;9834J uii�'►.'11i1;t affix i ningi ii 9844J' = ►� �d19854J 1.' mirigmmJW Proposed Zoning Atlas Amendments • cal�ja7 u1� Zoning Overlay District - Special Flood Hazard Area (SFHA) 1 1st!% 111YiISISM■■ II ! tl�rllardW i Legend 0 0.5 1Miles 1 •R$ 111114111.11111/ ro:+a,11+4'./11 ; 100-Year Floodplain - LOMA Pelt 100-Year Floodway N �� INN,U IFKO`I, Floodplain LOMR -4 IP. ��._�,imr- .� -ter Municipal Areas E41,1tIl'dl`!�� (Not subject to Atlas ' �"�� Flood lain SOMA illig talc �ll Amendment) p r ,� --� ow: I 0708J,K, or L-9990J,K, or L--Flood Insurance m�,...1._21■ Rate Map(FIRM) Panel Numbers `I"/ ORINg0 1,11 Orange County Planning and Inspections Department GIS Map Prepared by Miriam Coleman,February 12,2009 Projection: North Carolina State Plane(feet) Datum: North American 1983 -• • 210..iamsrAlm —elm: amiimmi movisilsnr■.,--.=, --:•:,:irr — usamitifix_mmorm&Pr---wor: --"""-- 19848J:lung' 98584Fili ' mi gr,r.f4LI 9868J ,' igii7760 9888J .11-111411VA ! ilit#. :4 IMMI • .1.7::ii::.:**4■MPF ii AM s9Clit. 14°..•• 01111111111\. :ME A ILNIA,,,WAikilialk :: ft? 7.` 1/671 4% - 1 711111 -iiii mie wo 111 I imi rrj INkP***Aklithisi*'41111141 ___? FP . • - IN ri _.,,, _ 11 JP-- 9847J 9857J g 47:- IL_ 9867J e -Wr 9877J 9887J rf ,e 4 %il11M- 111111M Milli MI=MA ti:;:::;:::::::! Ill .•• Ps -'1''ry gill iikinim 11.4,i4::mu. •e44 ----.--. !,m kr strve,vflikzArillira ir HIIII:r4 lk:::::.% PaP1'. ..lie4gLIIIIIII!Aijivfk. Et 1* L ..::.,:,:,.......:::::...„.. .......,.,,,,..,.. ..„:::„,. ..... ..::::„,,.....,„,,,./. io..........„.... ....„,„ 7, i gbt vraninl.411.tvinat, i.:::::-. 4.7 Mibli.'''' CO,: /Ili:,■129111 NIO Allk ,Aff..,,■21pire,,,,,N,117....e.A..0%.4. mors.... ,•- Alb&, Mr ''.-.*:ii... Ilillikw41111111 ti.,..-41, ....Ir I; IIIIII■1;425/1111111111111.11161111ArliallIPMP"..::::411 All Iv Fir,--- '''.: EljFelri6 Rh 11"M-iyillralrh1101141111j4 ' i "Marilirtli v.. „....,4 ...... . : ..., •..... .2.0 2.--,,,,N mi, ..::::::..,:::,Iv.; It II 1111.71011.0111 ..,7 r .......)0:: ,....„,.....„.::!: ,5,0,,, iiii i onizi; ....77:414ap.HapseRci -----111241611147... a A '::-:.:.* mErwrmmalajili Al :, 411 ...:if '::::...::- '. :1;K::::- 'Yl II 5 4 I tromsaimil A jam :. le 1 IMIIIILVIIIII-- .44 Pkiro, A ,a1:::.7 r ,,..,..„,r. „:„..„... tx, ma" lainiallillird I 1/%1 -1 all.. if . ....,:: :,:: 1 ,1■4..4?„4-4-30.11.--irmirti 9846j klik9856J 4O s eill.11.1. 987.6J tii 988-6J ■ - I 1.191111.. trillpill14111.11 7•11111111111111tilisrAly M 2 rri I liri ilaSEF.: ■• Wanalli' 1019 k•Taat:. ■AIFFAImIri Ira rm•II IN. ply, 44; aro Pi `-<IN.i...c. -- Itili., milli I lit...1.; i BM. 1111111kallirat■wA C 0 4 irfr s ulit:::::::: Nall , ipui irmiltank.. . ■* Al il 11 111111.1111111111 ' ---.0'‘.:,....■ II -;-• IF] -WI I mpg•NIIMS111,- :: AII I I CTo ___ _BAO:lmorIA tworilli II -Immuss istmolq. ' Taw—-..--- ,„,zigima --0,-iv:::19kwwsw • ariii,.•11:pilidisripti;tri ri".41,4 Alm ::::::.• :Air ... %.• 4 111 :::::,' ill 1,,,m,14.019-14t:11111! . I g,.... . .. 11 • arl.Viil Sf, 4 mai m 5§, 1 stlifil - ' ....rw. 1..wit OHM: .z. a i•Imm . ■. , El Ilk.::' ili ININI , 4 ail 6 08-04 2899A 21 11111.......11..... iii• ian ''''' 1.". . 1...741w01111 al 1„1_,1141•-.....ftw,lw., .. -4■- ...c `4-71wrilliialw•••''1,1711‘A!..-. 1 00 ,r:El I v.. Im.....1 .......laminir,ir ,...lari:..". ..."0■1 ik, •env • 7,-* 111 IN ‘,.. Av ''.. ' ''' • A 9845J1 r I 9855J <,. - Alr i qR7A:l /9885-I 9865J S' mar __. _...A.L... .1004 -. 111111d1-41111WhilallOstib,...:::.,:: 4k 1.11 ' Agj ' ons•IN 57814.440,4 -4 milviallifill ■•,.‘ekis.::.. stigt4; caws . - A : L 0 M R r ktfl$4141fV;;; 11 Ilraillizion I es _ ,„,h,„ , .!1•At.i'lt.: =a Iler :::. 1 111111=1! It W Iti;Is:7'441v!4'.V*412,Ltiojj , , I. zir psdiii Ii0,■Vi 0.1.,,,ei,l Ira,s.711'411 CORN u , . OMP_IIII: As... ELI s sr 1 : --".--..•.4.12...0,4,,,,is.,,,,,,..0,,,,,,,o )11, 1k LiS 70 1 4_ 9844JLm=m1.9854L1 ImmIllt MMININIPP"-- 98641 MI IDZIOILMIX L — 8874J ;:- Azolazocal 9884J III Proposed Zoning Atlas Amendments riltimie; re* irgioorls mTimpnim Zoning Overlay District - Special Flood Hazard Area (SFHA) raging fAmE•431111 111P1 IIIFAM OVUM 0 0.5 1 111FAIN M!AFI IIMOi Legend Miles 11.6IW1111I Na-4NtwS a EMI 100-Year Floodplain LOMA N II3 Illii,tiMPII 100-Year Floodway f I IMMEIRINE ifil Municipal Areas NM Floodplain LOMR .4.i.....,k, 1,1VA1101.411ititalligli (Not subject to Atlas C3 Floodplain SOMA AMItilifiiiiii-7:11 Amendment) SanillaiMirilli 0708J,K, or L-9990J,K, or L--Flood Insurance mntesilu4-41111 Rate Map(FIRM) Panel Numbers CIIIMPINg0011 Orange County Planning and Inspections Department GI S Map Prepared by Miriam Coleman,February 12,2009 Projection: North Carolina State Plane(feet) Datum: North American 1983 _98887) —"ltilailik._ Mill 9898 J 'LINN_M•1111.0808J lin MOM 0818K 9868j 4 Nonwp.,.•■■rill/1M a 1---FILIMIIII 44,-4-mm,Now '-- V I VINO. mu lip ,,. "mi 111 4 *---I ____11..* '11 rift t 111 •0411,14011:::: 1111111151-0111141011Am #1* 40 :10 '-7...., .:j-- , . Ir, li,- )ii.ii•74 Illkiiiiftli- Ap4Mit ipt=_....13. ,_. :. ,. ... 4.4 r::::.. . ,:::::;:. - --:.-a,.,,,,::: - 4 , . mieri47 - leiv. pot WAT4.11 ..--■1111..k.`)01 7 r.14(41 1 gP re ..i::. .ii:::,. ,i1::::,---":' ovoi ,... ,,,,:,,,:-_-_.a.,,,,,,,,,fh„,,,:,.::-_,,. 1#,.... ..-4::;....wisto 6...--i..44.,lb!• .,„: .ii;::: ... ;...,■rt, 9877J Nip ' 9687J Allitier9897.1:,. folk* :ir'''71,4411 0807K per,A1111 0817j 111110' - 116■01 , ::. T.:" IlltratiOD,1■112 MII A ,.......;iii. . • 1111IVJAVAill fiLAIngi IV/1W/ .1111.1j ::::: lid DX . me iti■-viiwii hiati ",:.:. • •-,,,••:? / ,-/rApPlolliL vw2.....s Pg.:-111 h IIFILP:A % Iv,MA *-41 .14,=-711:1 heiliV --4;41111111.- FOAIWAd 1, PVIViiii w 4'-. bloy....imi , musirl 1/0 .111 :::. r4 fa inhoMmligli Iht .12,-.417■'-IIIMilia■Atia.,■■ 144,11 iiiiiiir'\' ;.....:.:%10..'"ilm... 1.°15747 illialli •-••:•::-47..-,.. 11111■Iiiag;i1 411111111 --- 6111111billkirgliciiiii.::.ij rigrial■illi- ' 0711111g.;•711111 La ofFirlita lir Iwmf.„ IIIIi/i III , 7 111111o.„.ffr,,4011/:A IMIIIMMInalillill iiirtip ,se-c) MI IZZ14111VS 1 lair,imi°1 10 ''Iiiiii 11 ‘'c's‘\#c' ■ II vii'rfillP1 Idal rts"'"rt 4 ,s,.. A. .P—P■INI •gdAg 1.14.41% 5k\Y-ilL 1 IP" l'ablirlr 08 06K „, Ivir . 1 k 9876j Ilk 4-kii, 9886J MI ok 9896J iit, imi ibilirmareivio R IIMPF ii . T-°, 111C11141111:16"41 - 1 11.0, II.oie wriedr-4....)). 4 . sigallfinal 1 I■IA LAIIIIIIIIWA1411111 In. 111 • ss......tosuribit, A, i*al I Liikiri v Pr /PIO 11 1111,11119AVISmills Ill. Oho, , si wasp All it low.A1".41-fdiu iff__ 1•11 ir . Als, 0 1 " ....... ,,,.......thol. NI / -age :. ___ IN■12 2 :rzli •■.:t.... --11.4ma -. a am a pH NI 4frWallillitalliir pl.i ratiropp.„:10,17 Lih,_44Mmin Illk loot, tarAop-w pm. liptiorw el .:;;;11-bp, mmilorialmaiti. VB. pi illph firwalr igm _ .... -- „icii , Is wk. LOMR ■INTA,,,111/ Itv111111./. AN.. .11, ig =vow 06-04-0141P lit Oil 0.6 iii......:o Tar ourflt mg I ifyi ,N., ■°' 4. teZal■ - 4 k v•elli all rt " ri'lla itt„,„- ! ■„"•-•*,.• to 4..441. ..tr,..04.„Sk 4 iak,4, -wit rill& . / --,e --PL*s. .■ ,fi MIMI *4 :: Am, v__ Ai ra ai lij ri .. xi...KA Illa r Ai 2 9875J 111113,- 9885J 04111.■41.1 a 246 411101- 9895J III ollt hill 0805J i4AP??1;Ir.& ao :1 IIIII1 AO 4 Ati:.4.4.04 linall 0 1 "1" 0 A .Agifif rif -11 :;,. pi rel ktsaft4:444.Wii II I 111 J 11 il Fr z ,, .:mi .„ s,; ..s 44 imrPOWA.IIIPPA 4,..Y.a I ii i■!owl inegstoollim .w4do ' ■IN ;,',s,,I■■o• .... mr.10,,,/**a•itili i 11•111411ARI*460.111111Wriiiii ii!,;;;.. .1\4111111-,„ WI MartaWIL,011..1. --01111 • .;..:V* •14 1111 ..■i.irl la 11/ Mil aralftlar•INII ...i'l ...„..,:....---... ......,.9894J -- ...„,-...,-,- 0804J Proposed Zoning Atlas Amendments ifaMIOWK41/1/ZE rlarl 11P4ASTAIWIIIM MIL Zoning Overlay District - Special Flood Hazard Area (SFHA) imiffill11.4.2:3 1111141 ItIP,IIIIFAN ISM I 0 0.5 1 IISLEIRMIE NNE Legend Miles Briiiingli WW1 Aa 100-Year Floodplain A laisrelratrAMM LOMA N IllEig11216:7411 100-Year Floodway . t PRONEWIVIIIIADI Municipal Areas NM Floodplain LOMR cixr?,, VagilValle11411 ; (Not subject to Atlas Floodplain SOMA 0, Ii=1111210117A7111 - Amendment) Siallanlingetrall 0708J,K, or L-9990J,K, or L--Flood Insurance NowAtesTann Rate Map(FIRM)Panel Numbers Orange County Planning and Inspections Department Rifinileartralli GIS Map Prepared by Miriam Coleman,February 12,2009 ---._ Projection: North Carolina State Plane(feet) Datum: North American 1983 111■11111E 9825K .7rieii-pLi7rii0=11111 EMIIIIMiiiiil.V.raTt4g.li:0::_ 111171.. ---=-____N. 8855ii I -"Iv. . - Iniallifia2 11111•er ail il; :::'W.10KLA00111 ..N. . Vitlikmair.la - , al - - Alpo..--„,■,,,Amis I z.._:1111umm IR illint US 70 NWy.151:pt....-mlligmi ism _b15711 le I I .4.74 I /4/7',1 i IIIMILIMIII.VJ 1 V V V g:i.Er I ■..... li, - 185-N1;10e comB\ 11 allaillib'SH111115.57,1341.11111itil"611111- .01r 1111r■ 4 ;me ' , I 85 S I 4(IW COMBINEDr1 85141-.41-- -<; e 0 NIP 06 tip0111160 iwn NED-7- 4 L,t. um axial_in., il al 111111ftmr4.- fo 9824K ■I' ll"' UP • 11160,11 9834J SS 1 p 9844J ri Ali 9854J vo. "II 1 _al soilmAs vtot "ray .10.:„. WEST TEN RD ,„,, la-I L " ■ I gla ...I 0111411i I lomita_r pr sit Ia. rt. 111-.4” 4 44% . :: LAM All 4 -I NM •Alltrag . . . . .... or. all aro 0. 01111 aim Pantrogain d,):::744;•:**** '..:Iii:i:111.1111111 II ■111111111 ,4„.* 1E1AM/ft ic::::::.:.. • ..,-.. • -: - gir TN, ....4.::::- ■IIIMI■MI NM AA_ 1.1. 1■■• NO ..Mic mo&imiaAltes. ..::11116./.■NA s M01.11R1011.7 Wili01111071111"6111"1411,-141 lfr, , ip .FAINfigiv 4c# lira .. ...:: if . isa Emir' „rag idoef, 10 9823J ,14,„„,„.,. 9833J Fel...-- 9_843J =Emu 9853J 1 1 1 I 1111100.,l'AMIlf i ..- 12129_ rt UM mak 111-31 04 r. i map. Ai VI A,'1 61 11P4 ill a 1100.11 1 r OA (1) 21,00111 a , „,,,, ve....T.. lop ,.....leri in& III.V =Irillikillikim I 1011 ” 7CI-V::44"1111111 ILVA 4, AT i agimmig" I ut....1111 I, Al.._,...., III■ ___ I st MI IMENN 1.114.61aMB Ilb- I !vow • mill '-'-• -41111"1--$.9:11volingioni grd ' Ir*Ii ..440101 0 1%. % • 1111-04.12Wq11111. POI 1014 a 0 , w 104 w--011--1 AV lian. orrik! alt moittr aliv it-ANN Oil girl NM #41.""■-■11 11-Q •104.„,#1 dr' al W vie_ 1 ilr l'o Ow-lop 4 IiIIIIMMOB:ii•Li:c0A-M4 rdi . 1-, i ■il _Am" ■ ....1.01ks,.1. Ir■ 9822J % . 9832J 11 rflig 9842Jfr 9852J ■7 aio Ng■---....... .:.,::.- 73 A W/iwA00111.r 14,0 ,.,,,.:...,._... mow= FEN iipplibrvAtekioaro"" 13 ri -:'-.-.%ii,::,.... AI* --„rifirtz-- rwAraTIW4 ,,,,,ikv.b. ". v illown.... ,:::::::liesmpiwtit /4 vs c.). Kum. .:::1 ..: tow ir , .. Jo z_ -elk ......:.w:::::. di W...:a IIILAtkirfrafat GG it adtem. cui9n1PN16-.1WAV:4.._TW01■8,cE!en ' ■10Rai.1■411°MAE aRgi.1 •--"Ilik•TI•■••■•■•P..."•••••••••••Inillrillreff■AMM•1•1111.::111111111W WM rAiiral .. •0,4"'•••• I'MVIIIIIMill■=1 ••••••••,•-• ikl pkwirimm...F.- Proposed Zoning Atlas Amendments IP INTLIalSEINII Zoning Overlay District - Special Flood Hazard Area (SFHA) 10 itWEINN.giri PO ginglarBEN/ 0 0.5 1 II MIATIMISMIE Legend 1 Miles RI allilyratiall INV% "triziANNEFAU :.:.:.::: 100-Year Floodplain A ,::,,:,, LOMA N Illd latIP72.111 100-Year Floodway , t IKON MENEM Municipal Areas ,Mil Floodplain LOMR ,ge....4-1.-. varanzairm (Not subject to Atlas 'AMIN1Oiliiiiii1E111 =I Floodplain SOMA Amendment) r SIMMINNITIMII 0708J,K, or L-9990J,K, or L--Flood Insurance INIIPAPICM211111 Rate Map(FIRM) Panel Numbers leirtragine Orange County Planning and Inspections Department GI S Map Prepared by Miriam Coleman,February 12,2009 ---. Projection: North Carolina State Plane(feet) Datum: North American 1983 .9845a TIII....."1111)"94855° N'Ilillimrimirmil:71171.,...42111,iii 11111.1.11..111.1:e91°t-iii\s 1:7--(8)165a 17.111111;11111FlikAllii."111111111111..011‘ i kij:7„° 99887751:ajr',1111111...:7411:A'...:1':10.;'1:1',...:..1-a:ss:41111:':11111%-'111111'....‘149:l811:11111114r11:/:x811:18.,:-.5::"/.111:1:1./4 i pm -1 11,11:•iipli,oss US 70 E ar =rem oil , .411111 IN. US,70 W ,:iminal.15 1■41)itcre, „....,,...,, I:I .0.• ..E..,.,Mid mu/WM A (1) all ii.11 -661 0804=2900A inehom _ it. 1.. , r tu_ • :::: *" s mil 1 Ei - ■ Ilia 1 IIIIIIIII41111111 -----=•-•!! ---__ __-,■•416... ' ' 0 Ilifi Z ING ST -I mu • .. i ' a III - li r \ . .* - 0 7........... _____ ___ .......:. 9844J A •-- 9854J '1,,,,irkrigsgyonzi, v4k ,9864J .--• is ....v., ..4 Plot ammil L dr Illiiim- - ,8 1111 ,iik ; - 0 Is% 0 •• .., ■.-' 4,.. rt. ...„*....: 7, ■ /,_ .omix , , ,..--•,„„..,...Alio. ---v .... _ „,,, -• ..... I. US 70A 440 :•::,:-**- -..,:.,...•...?:...''::.:1:;:;::':-4.:..,:::..., . er,, ....... 4 k ...:: ..,:,::::::: aby 1 .k. Qi._ '21 IIIIIII 41 0 .•;•.„,::„„ :-• $1) ,,.. (S.> %',S. -- \ z. 11111=■■■- ' iiii„ 0-10 -...- _ cl. co _.---,,---.:"-- rjr,„,, R..0 -........-_-..„...■ „,-. . -- -. -. .. -.. .. ..,.....f.: -ELIE! illAIIP-mil ... q...r,:ilm•, 76, & It.411 .... ....-. , _. ,,,..... c' NO --'.." '"---- \ tn..,:fA4,-,--*z•El I P:::::101:1 1 lerell ... II. •-•••••;''. '''• a "11 lavg• Film ,...,.:-.-- ::. iierms.PL, Irgallnigli 'i'e;;Iititi/ lial 111.P • Till:„1,11213:41 I*1167M irisza ;* ilikal,,,Lelmj.11.111Mitir talk.ii/ I aw- ----z-,-,EE 4.4:,tarrole ..*'..W4.11-a.E.- 11•■•',.■ 4,41 . 9873j--,■::„„„„„ rip %Al FPI ,F*1111;r....roigi•IINI■_..s irl=r_. i OA%MI : ..,:::-Iviiiii irik-IFNI in, 'n'.4.-awn - , wil•,,i 0: _ SVillif:,......1 tof...U. 9843J WM 9853J moritriliffik vAgICIV4L. 98-16j3J ,,? i Ilk 0.01n..4/ANNEN. 111 9883J ,..- oishiSIIIIIIMI MI 11110"7 Will- ■ w.--mt ° -• ''' , , 1. ma Illiell .1 .10 wriA. all NI III■aIj■0 w 40t_ it- gir I mil EN ip A, .■:112111111■ •ik„„m, LOMR •B I •Ilb.I le imi mom gilliadialgail 7m.--1-47/„'irsi, illirr: -' .1Atii 07-04-6156R 11 sal,- loollIN 'ram • provipaktm -- ,........ -_-_,-F.::,),, -,■111 - 1 ,. pilit-i•-i- ....00..A.„,.... Alp._ .,... :::::.... ._„---H-:. ii,,,,N .. , . 1 111111 its161111. yr, l.,...grill. pilimb-1,Au , ‘ ..... .:.::.,.., .,..„7....lilvicil_,....„_ 110 IIN■wililli 11, :.11....&"1 .4-:.. .,a i=6,74,1•E_----_-..■. . I ram \ %,„11 ... - .K.,., -...., II PALI.-1.W111111111.111Pleerz: oPy...--Nialtivimitt'irit1 Warm =WIWI joi miog,...-.-.. - Imes■ IMI raillar:,-NhAIIMI MI .9.11 mega 6,,,,,s,..... IF 11•111g■r. illilb .17-----4:iv-II•ollirli.i.kilftie;eilum ritilay 1111iiiii, Air-. nia-* .11 kr 4 1■,1 1 .1111 v. , ....47,74 ■-•-• 1 VIORIA "'II=•■•NE '‘I I 0.11111 IMII%'' In 0,1111,114& IIIMII" 042 illijunistpreAVAtiir=... , it is MilettiliMalkitt0709 irii OrAll 11110111114114111106•1440.■ Willi 116.11ritdraff:41111.11i11111111M\WkligiliiinSiltfl$1■1 i pi pg.111111111All 1 Agoop 1 Wilt,41111tiEr dffilati 1111.11 I viler rovgli rib I siNVO aittgliBLANANI fta , ■Nmi v. 01,a No •..-I wow , 9842-jillrAl 9.852J IETIN .,=„1 Trit,17,:tirl 9862J illilirSi 1111 9872J 9882J: 16 A. p,.■ 11 -fa.via-miarivilr)111 1 iti lab k . 13 MOO • pil t. r411111.1... ii -9 II VA& \:, . .r. 1 I. _.4........ kw ERR ra......Imise■ am lir ..... . \.,g-.111ffilig mPlw 1 ci 44.1; , l'IL 1111 INP tit, 11111111r.mili II 1,1 \sk-c)`.mi 4 -.111 ii ,AM Mil.ligi tree Frill I .• IL IIAIIII Wail. 1* wrgiiiirre,,1,11,2.41k 6,14,,,°Iii: will11111,.111:1111L el/ .....,:,:;:d■w......, ...a= 9841J rmimiluk 9851J „limit=Eno ligimmiimin -9861t1 :ixiaminimp,k-r---iaigy,if 9871J ' Nurzr: 988,14 II Proposed Zoning Atlas Amendments morAwiig ..,..1.11.& IPAttrtll 7irsit.itorli Zoning Overlay District - Special Flood Hazard Area (SFHA) 1611,11iiit. fail'AVAIIII INIPSIN i151111111i■ 0 0.5 1 Ildiklile! iarAW11.11 Legend Miles 100-Year Floodplain A laisr•-" ""1,434.1:i..1 NEVI :,..„,..,.,....:.,.,. LOMA N IIIIME KUM :ref 100-Year Floodway t friffN MEW INIM Municipal Areas II= Floodplain LOMR .--.0), 117Ifiii*VillialliFil (Not subject to Atlas MI Floodplain SOMA 44417` il. liOlkillffilialnil Amendment) SIP-111,1111k4J12Vill 0708J,K, or L-9990J,K, or L--Flood Insurance :111PAILlitr;e4-MS Rate Map(FIRM) Panel Numbers Orange County Planning and Inspections Department ERIIr .101.130111 GIS Map Prepared by Miriam Coleman,February 12,2009 ---—_ Projection: North Carolina State Plane(feet) Datum: North American 1983 MIIIMMMIN■•■1=M1/11111.111/11111111M1=11111111 .1111=IMINIMIIIMIIMIIIIMII. • i 9875J V■ 9885J r 9 895J , I 0805 j.74-e■1■• _ - I.tiTildwilik ,3 08 04 2897A ---- ium .._ • . ..,, -010. ),,,,..:;:' jag ■IkAlmm.gavi //4:f i!..*:::,-.41wsza ftft .'4:11.--: 4- 11 lielpitarg, , snrir..:Ale..........*,•gll 114.11,-.11' a`NI:En N,ORIN 1 t • ••:'f 1 Er„,-1:04411111 '-4 411ekrillitilIWO•40tire am‘1$ll 1//.//w—i. n.um 1•fwt,,&„,.2,Ia.,..w1.i Ir.1I L1.11 I 0604-BQ22P 9894 J 1 i'• w M.-.,1 9874J 19884J .II.r....I.W11=kW111:g1.111mv.-.fr1W.T4-..1I*O,Ia X i',AZgI11 Aa■I"w aR ■S ll0W, 8/4Ad044l1 iJ AV 1 1 ' MN ig71:■ 1114:: ..ill'l •immil /pal 1 ker &ts1 Illariela ligtiii ilall 1 ffill ■PitPiPiTt -lo I oFilittling1 go= / rils-1 Viemi IA * ominallial till OM PI:""—■.'"1"117.1 kharv*1 *lop 1 •ift..1 -4-- Se-ir ITillrall 1S/4p-*//tfp. 0.0 MI li 01■111Pr I ,.:•!•!.:. •• TF 4 my,4.7 ,.../, akl or•Er ,anhzi,'elan' Us 70 11."7"\"..---'1'” 741.4 MIMI Lip- u 08-04-2898A 0." An*...:••• , ._.. . , - . I..1111.4:41W116, !=9:441'4' 111111.11117411mi 116. °*t,/,9 7 S...i. I 1"11-4161 1111":01°V 1...1111 441 io—‘1111.40211M .a 71r1111131111101.-1"' • 0 ... 1/4 /%, , 7,211.1.11-14.11111 af rk4rAk iii. 1001 . ti r48 Wirlikliprill la,s,10001.313;0111i ;:: r ,. Ltel..4.10.. ...:::.:. , W.4,at" • timpw•-■ *0*, iv , _ , g)■-eivitt.41 ...lot Iv yr.: -, 4 1111,m OrTe..4": ..:,:•-, .4 sa,,,,,! -, 10-....0.— jmiN 1 N..moirdalli ---- WitikiliVA....41V14,44 I $I. It:: ' '',, IPa9a m87l1 1 3 1—J i 40.•4',i.,4.'-6.-,,. 1.1‘/2N1 1P*3l,l4A i.Mtf io 1*•t.diM lb z4 ,1,.p.t4 04N■,.0.a-.8 m 1V 141....o...--w,._1-l=_.,,-.::.N•.•,.'.,c-,.l-?.-,i—,,_'1,..p0...I.,-,--1-.n-,-.r,v.-.--.-.....-..o.r,m,..--_-.,9'.e/8,----,93.a,' ,a...'s:--.k-■_0..VA,.1„.4lI,,1':.m.0 1.A5i4_;:l.l‘-,---'i w.-3■a'r ."w 0: E 1"iI4 1m Im•RilMI D 11.'sii H2 lu•nni :tl=oiiiA pt .l ikI.n I a 0a m1 8'P mI0il•l(3ll ,.. K . 11' 53011 .7„iii.2.t..US 70 ri ... al Irro . .. ,...N' 1 MIPIV:.:;. Rib " -•19"-, vgli-M.1- 7ara ■firk7771 IS,91,40 0 111 PP• Wilill Mair•re* -. Iraire,Llit ----_---__.__-.--ri . Oil Iii;... ''-;....;.;.:.:::' I_P■ tom._ LI k4N,J1:4„.. nun amp I Sa."1 mr*gitilk IL MOP' Pp a OUmau lows smon.—...-",,, 1111111e4. 7-11 Pi/I II 11,11■01M.Timi Ill 4 46■11* 67:11,reirgeor °04,4711111 Ow Ap.r■ Aftga ggioti.;Viiit4/1117rP,a.4141'-i if" (04111 a ,41....,,aut.kigoirivip th,...4‘,,,,43 111/111/DPI r"-' ''' 0 ... 0802K 9872J -AI _9882j _ al01 gill*A111 9892J ___ 4„, ....,.... 080 I MaildlIlik iip r 0460, ,ekluyvellrvitilvilvettitaillilipmaipPillorrAillguri1,i,,__..:,::r _rigrolikt '-k-, 0411 Illiwp•or,„0:000,--". mil 02 ?5, r•-lip ,:;,, ii■Eig. ..,,... • R71.1011:0111 couv" MIMI AL. ,,,4 g 1 IMINIMUJImie VW a -,- 0801K 9...• •.... .4,r,;.....I5;roll .........••.• I Iluommill11111111"fr- 98 ku w-m...--zre,fionv sm.... kurAwia iiii201 Proposed Zoning Atlas Amendments IPA1116711171Mg 1E111 Zoning Overlay District - Special Flood Hazard Area (SFHA) 1#0,11114,..AIEHMS iltrilliffarAl lkil 0 0.5 1 IIIVALIMIKIGni ..la Legend ,Miles inn EA -....w: 100-Year Floodplain A LOMA N lograrart grows 100-Year Floodway t IIISMIEll igt1 Municipal Areas NM Floodplain LOMR ..:(1,5,e,,..4-4 IgNOPILIAWA ' ' ( to ANot subject tlas ' ' I INN Floodplain SOMA a i 1111114511:71111 ' ' Amendment) MmIlmniiremill 0708J,K, or L-9990J,K, or L--Flood Insurance 111111/21EDWAZIN Rate Map(FIRM) Panel Numbers Orange County Planning and Inspections Department ILIIIVICEM5111 GIS Map Prepared by Miriam Coleman,February 12,2009 Projection: North Carolina State Plane(feet) Datum: North American 1983 aL. 19822) Wig"Z�'AWNia 6832J1l�12'• / 9842J `tl1Il l 9852J �� v ■.rte— . :' . r�i1 ,�' \-"Adcrill Alms./ 1 ARTWilf711 r all_____ I ,�- \ �� ARTHU 16411 14,XP4k • *vt , p 1I�� ' RMf"NIgRp MI 1�_ II II" V\ '� 9841 J 9851J a. NICKS RD VII \ / r"r—.4"_ (���' lit y 4, E' .:. / S�P�� •,,..-- , NI v iiatfAlh)11� _ 11i\ ' `9820) ■ �_' '9 � - oq,Ri IP :.:.:„. i- . Illtai---...,.. :i. 4,0 „,,g el kIll'mil y iir� 7,\ ��pp ,,,, In r..2.#1.'"") ,\ 4 1 tyi , h�mi. 1 ILA rn �o / / �1 —\ 9840) 9850J ciA-N- , „.......„sk, ,,,, red i ,y l< :� : •=•''''`' 'MINI X11 SAXAPAHAW RD SARA ` `' =_ rjthI?MEW ►s'tem• If \\ i I�■ li e. ► `�\r# ----- i - .i. //' il6.__;ta I_ - / I ►-� li 1 :::: 14;�-- 9729K ` ,�9739) �.��rt 1I 9749J .:74-4:* --.411.. 9759) lvn�• ,��� .�r��r� 1...4...... ..-„,::::- a `�• �� '� ,,),,_t_.1 I 1,..... ..... ...,.........,.__.".4,6, ir' _" 4, /' 1 ...,-'4...-. pativolisk 8 1 li ■.�......�� ,rte ���: ±J� � it 9728K wa ua i■_C—mil• 9738) �i. �•■� 9748J EL1 9758) ilI,,llrin=immim Proposed Zoning Atlas Amendments / ,lire<�j�7 501 Zoning Overlay District - Special Flood Hazard Area (SFHA) tir%i`∎i�"1�a■ 0.5 1 ,r■`,kliffi,ili,� Legend I Miles •.:1111MONNI N +.a'-. 100-Year Floodplain rj■i/;,.a24��1� LOMA II NiiiIIMORM41 - 100-Year Floodway Zi 1'0���1MMIA I Municipal Areas M Floodplain LOMR tY I f� ra f1 1itaili l (Not subject to Atlas Q Floodplain SOMA� l►f iM1-i1�j, Amendment) NUB !11 $I t• 0708J,K, or L-9990J,K, or L--Flood Insurance MINIMPAIrI! ;1► Rate Map(FIRM) Panel Numbers Orange County Planning and Inspections Department `��� �'�,� ,' GI Map Prepared by Miriam Coleman,February 12,2009 Projection: North Carolina State Plane(feet) Datum: North American 1983 �:____ --- ►t���:�������►r ` i �•::...:; w- Sul__� 9882) �9842J `� ;9852J'(�m1VA i`J� 9862J i�`� ��.-� 9872J�,�,��__ knistutilii 111.11•11.,,MiritiliValallallil �� �,--::::-.111111K4'��II %t IgrAml ;:,:‘.,,..: :.:-iiii.:: ..■■ .:„,:„.. r��1"�'� HUR MINNIS RDl�' ' '� z „.,.. ` 1� � �' 1111 9841 J �•• 9851 J I°� �' 9861 J 9871 J / 98814 I eft � i. :•::.� :.�► 111 �,-p��i =•x,(002 ',, �„� �!�,J �� 'tom m �....�_ ttr►� 'All a ill II' y I;t. L } ►1 1 -.- o = ' !■1� �.� .mac,_ .„, R.I.1:1 PI O�0 �� AAA /1 11.:211 Z Flit • � roi gyy � ?� j��i�� `�� q4 e��` �' EUBANKS RD ill 1, •k t , O �• r iii 1 ♦ �.' ._mow= !. R �+ 'gyp p. i 11)1 hia' Ir41-.4.-.4isit. A 9840J �'7i���A► 9850J .11 '` jfJer 9860K 9870J 9880)ollir'NP111114 i 1 , r4,... co ______( t,,,, ___..... au.. . , a —co . .... - it •,„„,.. 0. , ,a -Ira ail, A_Ptill fA‘le,,..ii _iii•—wylit. Kwiamill ci , ....... co 0 lit 1� x ����� TiSTEADRD'ILI.'ANA , )r. III ' . . ,..." 0. 1,,,R1111W1 - 1 ii�)� ��m• -. ,"►:J . III i r L �� • I///III���i���������. '��I��•••��� L � ..; �� • imaimilm'��j�'��`0� 1,% �►ti.■,ter to \1111\.�r �� y o • r/ I���QI ��mi � ! ;� � •■ .4`�ll►_i.��4II' ... � 9789) 9749J �► 9759) ♦ ✓,��`9769J r/I ti 9779) Noses ii1:11h d r�r� �� tseo iir.7...=_.=9iti.i imilmiiiiiibi r....tmestrimik7ggiiii‘visigl. �� �`1�D -���' — � say rlinnsill 1 ..00011161- 611214 , ...i.**Zi",,,,....._ 1;111 miwbuidlikvaleiswat• Tar, ,- -..,.c'_.�_ _. 9788] 9748J 9758) ,��,: � �►� 9768) _ ® v. ®9778) � , - _ �M,AW,5 WAll.l►INIM, Proposed Zoning Atlas Amendments I•'L',1' .fj-_.∎ Zoning Overlay District - Special Flood Hazard Area (SERA) F .! rrr:L.i I'�'�!■i i�tEa� 0 0.5 1 IIFAi ! jjEI1jV1i Legend Miles 111110111111111 ►7UPdI11 I' �:N'INIFi' 100-Year Floodplain - LOMA N III!:III 1111 �1II - 100-Year Floodway I►�.���� �����`�. Floodplain LOMB tY i Municipal Areas 7/An- III / t (Not subject to Atlas Floodplain SOMA■ Amendment) ��•, �IA� ,'ICU 0708J,K, or L-9990J,K, or L--Flood Insurance tl�P/�� :Aqa • Rate Map(FIRM) Panel Numbers 0 ge County Planning and`l�>t� p( ) GISS Map Prepared by Miriam Coleman,February 1�2,2009 Projection: North Carolina State Plane(feet) Datum: North American 1983 ■il•__»,.il�:e -I 'm���mr� -- MIIMri�■Ises In ■■—� 0802K '9872J �••:•••i...r'e 9882J n•■.� 1il,— 98,92.,----yea.-. ; ,� �■Jp�IIIt�iI, p �', �� �_ • ��:, 1 t,: MT SINAI R S� '��i/11 i i� ► IIir 7:L:rr��; ��c j/1 -;1; , ;. 1gr (31! ,�J, _„ .987.1 J I�"; AIL- 9.1381J �� 9891J :1v �� ■(� 0801K \‘, • Apt --..1.:.:i::::. ..„ 4 illilii, :,-..1 i I�s e� :GAO✓ ��' ♦ b �� , ,, � -Z 1, It K,, 11/ ,1 ` WHITFIELD RD, ��v �i # /11►,-Nip A1� .2A — '. _ " �--- ■isomidiviviiii,go, ii., /40 IllmtzW,,,,Acqs,FAItI11111.S7 Its 40_ _ —4 ` .I .■1..-- i SOMA ��� ( #115-CWT(C) 9870) ® 9880.,` ® 7 890E 0800K....., nil ii, s p , a 101 .. ® % Abi MESTEAD Rp lb - ■ --- , 0.f 1 1mo° ® ° v.,r ..o.- 90 ' ®j,,ilk\4114 11 qtr 4 - ANN 9779., , _.9789J �srFs ' , .1 9799K ,®, 0709J il ' ' ,0q., `-'73 - 4 04,4' *.=.' . - ,"•.,2.c2=`;`. - lig, 111 ly 00001°'''), vo - „ „., ' F4&1I 4sS--40. :,.. ,gv r . : , ,i _ _ te a ®.® ®: . 79778J f .978811 - ®romm Emappi® 9798K ---�� 07081' r-,,W,,_,MI, IM, Proposed Zoning Atlas Amendments I�,lfrill 1�p 1 111 Zoning Overlay District - Special Flood Hazard Area (SFHA) r.6•�1I1R�.., :,�►■ 11i'.�u\•A i P1 ■ 0 0.5 1 FIA T l!--rini 11 Legend Miles I i1Ur'•PI "" 100-Year Floodplain N t; -. / ►..1lI.,.,�±,�I Ill LOMA IIM Aii Ilti�;; F!1 - 100-Year Floodway I t Imo' 'aI b!j] Floodplain LOMR ok.k >•�J����' Municipal Areas �Y f81111 ill 011611 (Not subject to Atlas .-�r�• .-� Floodplain SOMA II l�lr ��;��� Amendment) N� jniftr i.rit. 0708J,K, or L-9990J,K, or L--Flood Insurance 1,1 /21 ^fit=;l► IE Rate Map(FIRM) Panel Numbers p( ) Orange County Planning and Inspections Department `�����'�'�,,' GIS Map Prepared by Miriam Coleman,February 12,2009 Projection: North Carolina State Plane(feet) Datum: North American 1983 1� ; .. !9729K M _.., 9739J L �� �L' L9749J �a ► IL1! - 11:‘ InFrilin is.. 74 .... I/ .-0:*' ..:::::::,., N7,\ 1.1110 III i...,--wmi mg 'T- li c43 II- - --tw =mu. ' 4141 rz--- '4,',„wia dal I Weil ----44-4:::::::.111! ..-,--IIF----- IR 72 K ■ .....,...„.:::::::::::::::. :':':':' 4,„;:.:..." .11117<:: 8 9.:, ��• 9748) 9758)-; ,,____ ' temokiari., Api:;:i:;:i:ill s'fri■-•447;i■I■ii4d111/1 r -,1 MIIIIIll. 911 111114161416.1 �� .fr OLD GREENSBORO RD �IIgeign , lr1 uunn�. dal mi>s`� j—k.►11 Mil VA _ ice_ �r u= ,mr a-�'a.au... tii.. 'i: 1114."1171 ii -.. ilim. '\ 1 ir 111111.111; MO II A. , \ r la ,o ::::::„.. 9727K' F'`'''"`'`=' 9737) �t ' - < SIN`-. �� ■ le ,a. ki_ 1.,. ■ M EMU '"'"Imi. •Irg 9746J OPP in „&w,■If,lIIvm Proposed Zoning Atlas Amendments IP 'l",1FLPr,�=M E11 Zoning Overlay District - Special Flood Hazard Area (SFHA) gi isoo r mosig I" !IIIIME'U!� 0 0.5 II .L\-ISt Legend Miles ',: 111111 •1+"' 100-Year Floodplain N IE. i��,��c�\■II :::0::: LOMA III i LatiI -!I 100-Year Floodway 1 `�1 NM Floodplain ter ���� ��������`�� Municipal Areas p yr RI irAI 1IEVI 1 (Not subject to Atlas �. il�ill�l ; iM Amendment) Floodplain SOMA i �' '1111111 :esat. 0708J,K, or L-9990J,K, or L--Flood Insurance Mow EITY 1�'\ �_.___�, �`r.,►� Rate Map FIRM Panel Numbers County Planning Inspections Department =: CROWN p S MOrange Prepared Planniri and Ins �R GIS Map Prepared la by Miriam Coleman,February tm nt Projection: North Carolina State Plane(feet) Datum: North American 1983 'Kali I 9759J,gmrtVg LL: ' 9769) N054 4, I • 97.89J-,i „,,titT, . _,IIqP$_ i f fri `pro �1� am Nov tali I W Ifirl: .:::4 WW4afrIngt:,„.12 4,....... .3_ los :,..mWd, I 'i l■ �� , 9748)=' 9758J i 9768J1 .�� 9778) r .9788J• 1 r I 1111,�'OLD GREENSBORO RD •4 t' '.� i7 Fp 1!J1 i y ill ! , w , _____ sz..mioi. n■--214 um mtal%-viiii Frarksom swqr4ipi 1 Orr ri Twai III I wane,. 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Rate Map(FIRM) Panel Numbers Orange County Planning and Inspections Department \If,����Ii �,�' GIS Map Prepared by Miriam Coleman,February 12,2009 1111101 Projection: North Carolina State Plane(feet) Datum: North American 1983 Letter sent to property owners affected by a LOMA or LOMR 81 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Attachment 7 ®t'ahQe �o4,rs Current Planning a,71 306F Revere Road (919) 245-2575 r ! P 0 Box 8181 919 644-3002 (FAX) Hillsborough, www.co.orange.nc.us North North Carolina, 27278 tr � 4 cttti oar [ t[ u'L.>I 'M February 5, 2009 Subject: Amendments to the Orange County Flood Damage Prevention Ordinance and to the Flood Insurance Rate Maps (FIRM) contained within the Ordinance. To Whom It May Concern: This letter is being sent to inform you that the Orange County Board of County Commissioners has scheduled a PUBLIC HEARING to consider amendments to the Flood Damage Prevention Ordinance. FEMA has already issued letters of approval for the following amendments to the FIRMs: 1. Summary of Map Actions (SOMA) for flood panel 9890 dated May 16, 2008, which changed the suffix from"K" to "L"and involved amendments entirely within the Town of Chapel Hill, 2. Letters of Map Amendment (LOMA) 07-04-6156R (Cates Creek Boulevard crossing at Cates Creek), 08-04-2897A (Hartwell residence at 300 Lawrence Road), 08-04-2899A (Ferry residence at 1325 Farmview Road), 08-04-2898A (Isbell residence at 4206 Dunkeld Way),and 08-04-2900A(Morgan residence at 1530 Park Lane),and 3. Letters of Map Revision (LOMA) 06-04-BQ22P (dam removal on the Eno River at Pleasant Green Road), 06-04- C141P (driveway for the Lutz residence across Buckwater Creek), 07-04-6156R(Cates Creek Boulevard crossing at Cates Creek),and 08-04-1666P(Churton Grove Phase 4 bridge over Stroud's Creek) A LOMA is an acknowledgement by FEMA that the mapped floodplain does not reflect the true base flood elevation, as applied to a specific house or accessory building. They are applied for when a property owner believes his or her house, garage, barn, or other structure is inappropriately mapped within a floodplain. An elevation certificate is required to verify the owner's assertions. The FIRM and the underlying Flood Insurance Study does not change, but the flood insurance status for the house or accessory structure does change. A LOMR alters the base flood elevation of the floodplain and the underlying Flood Insurance Study,by either lowering or raising the elevation depending on the specific situation. It is required for any stream crossing or dam removal involving a mapped special flood hazard area(floodplain). LOMRs physically and legally alter FEMA FIRMs. This letter is being sent to inform you that the Orange County Board of County Commissioners has scheduled a PUBLIC HEARING to consider amendments to the Orange County Zoning Ordinance and Zoning Atlas to incorporate Flood Damage Prevention standards as a new Special Flood Hazard Area Zoning Overlay District. The Flood Damage Prevention Ordinance presently affects your property. By adding this standards to our Zoning Ordinance a notification must occur. This change in code location does not cause any additional restrictions to your property. The affects 82 of this proposed zoning overlay district are similar. You have the right to address the Board concerning this action. Special Flood Hazard Area Zoning Overlay District standards(also known as floodways/floodplains)will restrict the use of land within the district boundary. The proposed ordinance, zoning atlas amendments, and specific maps are available in the Orange County Planning Department at 306-F,Revere Road,Hillsborough during normal working hours(8:00 am to 5:00 pm Monday through Friday.) The public hearing is scheduled in the Central Orange Senior Center, 103 Meadowlands Hillsborough,North Carolina 27278 on Monday February 23,2009 at 7:30 p.m. If you have any questions concerning this action,please contact staff at(919) 245-2577 or 245-2575. Sincerely, Glenn R. Bowles, AICP, CFM Floodplain Manager Orange County Letter sent certified mail to affect property owners • 83 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Current Planning � } 306F Revere Road (919) 245-2575 u ��=;r�'?N 52 P 0 Box 8181 (919) 644-3002 (FAX) Hillsborough, www.co.orange.nc.us a North Carolina, 27278 174 tae°‘� • f ' February 6, 2009 Subject: Amendments to the Orange County Zoning Ordinance to incorporate Flood Damage Prevention standards as a new Special Flood Hazard Area Overlay Zoning District. To Whom It May Concern: This letter is being sent to inform you that the Orange County Board of County Commissioners has scheduled a PUBLIC HEARING to consider amendments to the Orange County Zoning Ordinance and Zoning Atlas to incorporate Flood Damage Prevention standards as a new Special Flood Hazard Area Zoning Overlay District. Your property is presently affected by the Flood Damage Prevention Ordinance. By adding these standards to our Zoning Ordinance a notification must occur. This change in code location does not cause any additional restrictions to your property. The effects of this proposed zoning overlay district are similar. You have the right to address the Board concerning this action. Special Flood Hazard Area Zoning Overlay District standards (also known as floodways/floodplains) will restrict the use of land within the district boundary. The proposed ordinance, zoning atlas amendments, and specific maps are available in the Orange County Planning Department at 306-F, Revere Road,Hillsborough during normal working hours(8:00 am to 5:00 pm Monday through Friday.) The public hearing is scheduled in the Central Orange Senior Center, 103 Meadowlands, Hillsborough,North Carolina 27278 on Monday February 23, 2009 at 7:30 p.m. If you have any questions concerning this action,please contact staff at(919) 245-2577 or 245-2575. Sincerely, Glenn R. Bowles, AICP, CFM Floodplain Manager Orange County • 84 Postcard sent to property owners within 500 feet of affected property. February 5,2009 Subject: Amendments to the Orange County Zoning Ordinance and Zoning Atlas to incorporate Flood Damage Prevention standards as a new Special Flood Hazard Area Overlay Zoning District. To Whom It May Concern: This letter is being sent to inform you that the Orange County Board of County Commissioners has scheduled a PUBLIC HEARING to consider amendments to the Orange County Zoning Ordinance to incorporate Flood Damage Prevention standards as a new Special Flood Hazard Area Zoning Overlay District. Your property is located within five hundred(500)feet of other property containing flood-prone lands. Your property is not in the proposed district However, our zoning code requires this notification. In any event, you have the right to address the Board concerning this action. Special Flood Hazard Area Zoning Overlay District standards(also known as floodways/floodplain) will affect the use of land within the district boundary. The proposed ordinance, zoning atlas amendments, and specific maps are available in the Orange County Planning Department at 306-F, Revere Road, Hillsborough during normal working hours(8:00 am to 5:00 pm Monday through Friday.) The public hearing to receive public comments on the action is scheduled in the Central Orange Senior Center, 103 Meadowlands Hillsborough,North Carolina 27278 on Monday February 23,2009 at 7:30 p.m. If you have any questions concerning this action, please contact staff at(919)245-2577 or 245-2575. Glenn R.Bowles,AICP,CFM Floodplain Manager 85 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director gyp. tp Of 0, Current Planning 4�` ;,� 306F Revere Road (919) 245-2575 tf l IPti 52 P 0 Box 8181 919 - (FAX) ( ) 644 3002 pt; Hillsborough, www.co.orange.nc.us North Carolina, 27278 r.. . - •TENT Alk CERTIFICATE OF MAILING ZONING ORDINANCE AND ATLAS AMENDMENT ORANGE COUNTY, NORTH CAROLINA I, Glenn R. Bowles, agent to the Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY that I have mailed, or have had mailed, by certified mail, postage prepaid, a Notice of the Public Hearing to be held on the request for a Zoning Ordinance text amendment and Zoning Atlas amendment to each property owner, as listed on the Tax Records and a postcard mailing to all adjacent property owners, as listed on the Tax Records, within 500 feet, as required by Article 20, Section 6.3 of the Orange County Zoning Ordinance. 1,822 certified letters and 6,531 postcards were mailed. To provide a complete listing of such addresses would take 279 separate sheets of paper (140 pages printed double-sided). In an effort to save on the use of paper that listing has not been included. However, it is available to any person wishing to view the files. The mailed notice specified the date, time, place and subject of the Public Hearing. WITNESS my hand, this 6th day of February 2009. Glenn R. Bowles, CFM, AICP Planner II