HomeMy WebLinkAboutRES-2009-027a Flood OrdinanceA~yY/~~dg- Sb
Attachment One (1): Resolution 1
RESOLUTION
A RESOLUTION AMENDING THE COUNTY
FLOOD DAMAGE PREVENTION ORDINANCE, ORANGE COUNTY
ZONING ORDINANCE, ORANGE COUNTY SUBDIVISION
ORDINANCE, AND OFFICIAL ORANGE COUNTY ZONING ATLAS
Apri121, 2009
WHEREAS on July 15, 2975 Orange County became a participant in the Emergency Phase of the
National Flood Insurance Program thus making flood insurance available to property owners through the
National Flood Insurance Program (NFIP), and
WHEREAS on March 16, 1981 the Federal Emergency Management Agency (FEMA) converted
the County into the regular phase of the NFIP bringing full benefits to the citizens of the County, and
WHEREAS there are currently sixty-two (62) flood insurance policies enforced within the
unincorporated portions of Orange County, and
WHEREAS the County is required to maintain an updated Flood Damage Prevention Ordinance
(FDPO) in order to remain eligible for the NFIP, and
WHEREAS the County desires to repeal its existing FDPO and adopt the following regulations in
order to be in full compliance with Federal and State requirements for flood damage prevention
programs, and
WHEREAS pursuant to the authority granted to counties by Article 6 of Chapter 153A of the North
Carolina General Statutes (NCGS), specifically NCGS 153A-121, the County hereby enacts the
following flood damage regulations to protect the health, safety, and welfare of the citizens of Orange
County, and
WHEREAS pursuant to the authority granted to counties by Parts 2, 3 and 4 of Article 18 of
Chapter 153A of the NCGS, specifically including NCGS 153A-340, NCGS 153A-330 and NCGS
153A-352, the County hereby enacts the following flood damage regulations for the purpose of
protecting the health, safety, and general welfare of the citizens of Orange County, and
WHEREAS pursuant to the authority granted to counties by Part 6, Article 21 of Chapter 143 of the
NCGS, specifically including NCGS 143-215.54, NCGS 143-215.56, and NCGS 143-215.61 the County
hereby enacts the following flood damage regulations to protect the health, safety, and general welfare
of the citizens of Orange County, and
WHEREAS pursuant to the authority granted to counties by Part 3, Article 4 of Chapter 153A of
the NCGS, specifically NCGS 153A-47, a county may in an ordinance adopt by reference to a published
technical code or a standard or regulation promulgated by a public agency,
THEREFORE BE IT RESOLVED that the Board of Commissioners of the County of Orange,
North Carolina, hereby repeals its existing FDPO in its entirety and amends (indicated by s~l~
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text for proposed deletions and underlined text for proposed additions) the Orange County Zoning
Ordinance, the Orange County Subdivision regulations, and official Orange County Zoning Atlas as
follows:
PART I. That Article 1 Section 1.5 Farm Exemption of the Zoning Ordinance be amended as
follows:
Section 1.5 Farm Exemption
The provisions of this ordinance which are adopted under Chapter 153A, Article 18, Part 3
do not apply to pro~erty used for bona fide farm purposes, 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 Agenc~FEMA) throug~i the National Flood Insurance
Program including any and all applicable Flood Insurance Rate Maps (FIRM), and
3. Compliance with the Oran eg 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:
a. Part 6 Article 21 of Chapter 143;
b. Parts 2 3 and 4 of Article 18 of Chapter 153A; and
c. Part 121 Article 6 of Chester 153A of the North Carolina General Statutes,
delegated authority to county governments to adopt regulations to promote the
public health safet~and general welfare of its citizenry.
2. Flood Insurance Rate Maps ~FIRMLpecificall~ 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
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 passin~~on 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 iniury
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 mana eg ment 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
~plicable, expected at the site;
xi. The costs of providing governmental services during and after flood
conditions including maintenance and repair of public utilities and
facilities such as sewer gas electrical and water systems, and streets
and brid eg s; 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
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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 rg_anting of a variance will not result in
increased flood heights, additional threats to public safety or
extraordinarypublic 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
subiect property and not to p operties in eneral
g. Anv 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.
2.3.6.3 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.
2.3.6.4 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.
2.3.6.5 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:
Section 3.10 Interpretation of District Boundaries
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:
Boundaries indicated as approximately following the centerlines of streets;
highways or alleys shall be construed as following such centerlines;
Boundaries indicated as approximately following lot lines shall be
construed as following such lot lines;
Boundaries indicated as approximately following City Limits shall be
construed as following such City Limits;
4~ Boundaries indicated as following railroad lines shall be construed to be
the centerline of the main track;
5~ 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.
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.
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:
The boundaries of the Special Flood Hazard Area Overlay District shall be
determined utilizing the Flood Insurance Study;
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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 land filling) 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:
Sec. 4.2.34 Statement of purpose.
It is the puroose 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
Lrotected 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 Obiectives.
The objectives of SFHA Overlay District are to:
a. Protect human life, safety, and health;
b. Minimize expenditure of public monexfor costly flood control proiects;
c. Minimize the need for rescue and relief efforts associated with flooding and
eg nerally undertaken at the expense of the eg neral 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 providingLfor 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.
Under the authority outline in Section 1.7 the Board of Commissioners of Orange
County North Carolina does enact the SFHA Overlay District regulations as detailed
herein.
Sec. 4.2.37 Findings of fact.
a) The flood prone areas within the ~lanning_iurisdiction 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 roofed, or otherwise unprotected from flood damages.
Sec. 4.2.38. Applicability.
This regulation shall apply to all SFHAs within the planning_jurisdiction of Orange
County and within the jurisdiction of any municipality within Orange County whose
~overnin~ body has duly authorized its application within its municipal or extraterritorial
jurisdictional, boundaries in accordance with North Carolina law
Sec. 4.2.39 Basis for establishing the Special Flood Hazard Area Overlay District
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 accompan~g 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 en ing Bering analysis for private developments or by
governmental agencies, but not incorporated into the FIlZM This includes but is not
limited to, detailed flood data:
1. Detailed flood data generated as a requirement of Section 21 11 (11/122 of this
Ordinance;
2. Preliminary FIRMs where more stringent than the effective FIRM• or
3. Post-disaster Flood Recovery Maps, if available.
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 (SFHA)
Overlay District.
In all SFHAs the following_provisions are required:
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 refn_gerator 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
stems into floodwaters.
7. On-site waste di~osal systems shall be located and constructed to avoid
impairment to them or contamination from them during flooding.
8. And 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.
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,
b) Ammonia,
c) Benzene,
d) Calcium carbide,
e) Carbon disulfide,
f) Celluloid,
g) Chlorine,
h) Hydrochloric acid,
i) Prussic acid,
j) Magnesium,
k) Nitric acid,
1) Oxides of nitrogen,
m) Phosphorus,
n) Potassium,
o)
p)
Sodium,
Sulfur,
Acet,, l~ene
r) Gasoline and any
petroleum product,
s) Lumber,
t) Charcoal or coal
dust
u) Polychlorinated
phenyls (PCBs
v) Polynuclear
aromatic
hydrocarbons
PAHs
w) Volatile organic
compounds VOCs~or
x) Any~rioritYpollutants
listed in Table 1 of
Section 307 of the Clean
Water Act (P.L. 92-5001.
as amended
12. Hospitals, nursing homes, foster care facilities sheriff's facilities fire stations
emeraency 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
durin a regulatory flood event.
14. New fill material within any SFHA shall be prohibited
15. Public utilities and facilities shall be constructed to minimize flood dama e
consistent with these and all other applicable Count regulations
16. In cases where development is otherwise allowed within identified SFHA's
adequate drainage shall be provided.
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 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 cert~ 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 reQUlatory 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 X143-14315 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 strengt~-h shall support the chassis.
When the elevation of the chassis is above thirty-six (36) inches in height, an
en ingi eerin~ certification is required.
c. All foundation enclosures or skirting shall be accordingLto 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 Emer~ency
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 Emergence Management Division before anv 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 anv
buildingLpermit can be issued for the improvements associated with the stream
crossing_ an 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 readv
for hi way use (a recreational vehicle is readv for hi way 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 reauirements for new construction including anchoring and
elevation reauirements of Section 14 6 and 6 32 1 and subsection (3 of this
section.
6. Elevated BuildinQS. 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 re ulatory 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 made equipped with screens louvers or other opening
coverings or devices provided the 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 re latory and flood insurance rating
purposes, and therefore, do not require o enings. Masonry or wood
underpinning, regardless of 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 marking of vehicles (gars eg 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 re~,uirements 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~eriod 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 a 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 (includin
work sleeping living, cooking or restroom areas);
b. Accessory structures shall be designed to have low flood damage potential;
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;
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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 accordin~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:
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:
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.
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 4.2.38 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 arks 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.
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 narks, 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.
Along rivers and streams where BFE data area is provided, but neither floodwav not non-
encroachment areas are identified fora 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 Count
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 floodwavs 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
hydrologic and hydraulic analyses, performed according to standard en ing Bering
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 Floodnlains without Established Base Flood Elevations.
Within the SFHAs established in Section 4.2.38, where no BFE data has been provided
the followingprovisions 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.
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 an~ development or anypart 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 outstandi~,,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 Ordinance.
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 61 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/funk yards, and
chemical store 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
re u~ latory 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 permit.
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.
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
conformin 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:
Section 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 maybe 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
p_ roposed uses of property for all properties located within the Special Flood
Hazard Area Overlay District.
PART XII. That Article 14 Site Plan Approval Procedures Section 14.2 Professional Design and
Certification be amended to read as follows:
Section 14.2.1 PROFESSIONAL DESIGN AND CERTIFICATION
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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 proposin~~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 b~ 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.
ii
a) A plot plan drawn to scale which shall include but shall not be limited
to, the following specific details of the p oposed floodplain
development:
i. The nature, location, dimensions, and elevations of the area of
development/disturbance• existing and proposed structures
driveways, utility systems, ading(pavement areas fill
materials, storage areas, drainage facilities and other
development;
ii. The boundary of the SFHA as delineated on the FIl2M or other
flood map as determined in Section 4.2.38 or a statement that the
entire lot is within the SFHA;
iii. Flood zones designation of the proposed 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:
Elevation in relation to mean sea level of the proposed reference
level (including basement) of all structures:
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 an~ proposed
utilit~ystems will be elevated or flood proofed;
c) If flood proofing,, a flood roofing certificate and back-up plans from a
registered professional engineer or architect certifyin~ 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:
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);
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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;
gLpv 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
stream and downstream; and a map, drawn to scale, (if not shown on
plot plank 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.
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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 twent -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 dut~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 astop-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 hei t, 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
14
watercourse and the effects to Rroperties 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(7);
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 throu FEMA) or
a "No-Impact" analysis for a Letter of Map Revision.
h) 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:
Section 21.9 Additional Administrative Provisions for the Special Flood Hazard Area
Overlay District.
Section 21.9.1 Administration:
The Zonine 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:
i) Special Flood Hazard Area Overlay District, and
j) State and Federal regulations concerning floodplain development
Sec. 21.9.2 Duties and resaonsibilities of the Floodalain Administrator.
15
Duties of the Floodplain Administrator shall include but not be limited to•
1. Review all floodplain development applications and issue Hermits
for all proposed development within flood Hrone 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.~y be required, and if specific Federal or State
permits are known, require that copies of such Hermits be
provided and maintained on file with the floodplain develo ment
permit.
3. Notify adjacent communities and the North Carolina Department
of Crime Control and Public Safety, Division of EmergencX
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 substantiallyproved 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, accordin~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 SFI3As (for example, where there appears to be
a conflict between a mapped boundary and actual field
16
conditions), make the necess 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 (COMA) by FEMA. The Floodplain Administrator
in the floodplain development permit file will maintain a copy of
the COMA 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 an~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 COMA, issued by State and/or FEMA.
17. Notify State and FEMA of mappin ng eeds.
18. Issue stop work orders as required. Whenever a buildin or part
thereof is being constructed, reconstructed, altered, or repaired in
violation of this Ordinance, the Floodplain Administrator maX
17
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 maybe 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/F1RM 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 conformin tg o the
provisions of this Ordinance prior to the commencement of anX
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. includin ag dding new plumbing, electrical, or HVAC s st~ems_
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.
18
Base flood -- The flood having a one (l~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 Around level) on all sides.
Chemical storage facility - A building, portion of a building, or exterior area adjacent to a building used
for the stora e~y chemical or chemically reactive products.
Development -- any constructed Chan eg 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 stora eg of equipment or materials.
Disposal -- the discharge, deposit, injection, dumping, spillin , lg Baking 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 -- Anon-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 ading 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 floodwav 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. These areas are incorporated within the official Zoning Atlas for Orange County as the
Special Flood Hazard Area Overlay District.
19
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 (1) 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 lon -tg erm
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
accordance with rules adopted by the State of North Carolina Department of Environment and Natural
Resources.
20
Highest Adiacent Grade (HAG) -- The highest natural elevation of the ground surface, prior to
construction, next to the~roposed walls of the structure.
Historic structure -- Anv 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 RegYSter;
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 prop ams
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 usin ;g_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 (NAND) as corrected in 1988, or other vertical control
datum used as a reference for establishing varYinQ 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.
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,
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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
Count o~ 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 re ug lator~pliance 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 ~ecial 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 hi est adjacent grade.
Remedy aviolation -- To brim 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~eparate occasions during
any ten l0~vear 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 buildin og r 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, andlor rec~g 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 -- Anv 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 Qenerally discarded,
including solid liquid semisolid or contained gaseous material resulting from industrial, institutional,
commercial and agricultural operations, and from community activities.
Solid waste disposal site -- Any place at which solid wastes are disposed of by incineration, sanitary
landfill or any other method.
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Special flood hazard area (SERA) -- The land in the floodplain subiect to a one (1) percent or greater
chance of being flooded in any ig yen 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 Hermit 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 anv 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 clearingLgrading, and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for a basement footing~iers 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 anv 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 anv origin sustained by a structure during anv one year period
whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fii~
(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 durin a ten (l0~year period for which the cost of repairs at the time of each
such flood event, on the average equals or exceeds twent -five 25Zpercent 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 near period whereby the cost of which equals or
exceeds fifty~50~ercent 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 specificall~gnated areas in which substantial
flood damage may occur.
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
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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) -- And 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~l2) 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 ~ 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 ~) -- Aself-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
Section 23 5 Corrective Procedures -Special Flood Hazard Area Overlay District
Standards
Section 23.5.1 Actions in Event of a Violation:
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
violation and schedule a hearing with the Floodplain Administrator to
review the situation.
This hearing shall be held before the Floodplain Administrator at a
desi ng ated place and time not later than ten (10) business days after the
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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
app~o riate.
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 writin tg o 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 dan e~ r 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~~eal
the order to the local elected governing body 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
Quilty 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:
Section 24.2 Abrogation and greater restrictions.
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.
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Section 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 the
intention to replace re-enact and continue to enforce without interruption of such existing
provisions so that all ri~~ts and liabilities that have accrued hereunder are reserved and
may be enforced. The enactment of this Resolution 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 Disclaimer of Liability -Flood Regulations
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 Man Amendment
a. 07-04-6156R (dated January 8 , 2008),
b. 08-04-2897A (dated April 10, 2008),
c. 08-04-2898A (dated Apri129, 2008),
d. 08-04-2899A~ dated April 10, 2008 and
e. 08-04-2900A, (dated Mav 22, 2008).
2. Letters of Map Revision
f. 06-04-BQ22P (dated Februar~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:
I-F. Special Flood Hazard Area Standards.
Section 6.32 of the Orange Countv Zoning~Ordinance is hereby adopted by reference.
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PART XXIV. Section II. Definitions of the Subdivision Regulations is hereby amended by adding
the following definitions and deleting the existing definitions as follows:
"Floodnlain refers to any land area susceptible to being inundated by water from any source more
specifically, lands subiect to a one (1) percent or greater chance of being flooded in any 'given e
determined in the Flood Damage Prevention Ordinance The floodplain is also referred to as the special
flood hazard area. Special flood hazard areas are mapped in the Federal Emergency Mana ement
A~ency Flood Insurance Rate Mans as Zone AE for areas where the base flood elevation has been
determined, and Zone A, where no base flood elevation has been determined "
"Floodwav means the channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharue the base flood without cumulatively increasing the water surface elevation
more than one (1) foot. This term may also be referred to as the re ulatory floodway "
"Special flood hazard areas refer to areas mapped in the Federal Emer ency Management Agenc F~ lood
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. That the Orange County Zoning Atlas is hereby amended to create the Special Flood
Hazard Area (SFHA) Overlay District incorporating data from the
aforementioned amended FIRM maps onto the Zoning Atlas, and
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 adopte y the Board of County Commissioners of
Orange County, North Carolina, on the day of 2009.
WITNESS my hand and the official seal of, this the2~a
Donna Baker
Clerk to BOCC
PART XXVI. This Ordinance all be effective upon
of 2009, upon motion
Comm ssioner
by
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 unty, t 's 1 day of , 2009.
Clerk tot a Board of Commissioners