HomeMy WebLinkAboutORD-2005-024 - Orange County Flood Damage Prevention Ordinance AmendmentsORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 23, 2005
SUBJECT: Revisions to the Flood Damage Prevention Ordinance
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Action Agenda
Item No. C.1
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) Yes
ATTACHMENT(S):
1. Proposed ordinance revisions.
2. Summary of Structures within
floodplain areas.
3. Draft Administrative guidelines.
INFORMATION CONTACT:
Craig N. Benedict, ext 2592
Glenn Bowles, ext 2577
TELEPHONE NUMBERS:
Hillsborough
732 -8181
Chapel Hill
968 -4501
Durham
688 -7331
Mebane
336- 227 -2031
PURPOSE: To receive public comment on proposed amendments to the Flood Damage
Prevention Ordinance and seek guidance for such revisions.
BACKGROUND: Orange County has developed a series of regulations to prevent building
activity in its flood -prone areas, as well as to preserve the environmental attributes. Even
though Orange County has been a leader in floodplain management through its work in
planning, erosion and sedimentation control, Lands Legacy, and building inspection divisions,
the county has not availed itself of federal programs that would financially recognize our efforts
through insurance rate rebates and other grant opportunities.
Orange County first became a participating community in the National Flood Insurance Program
(NFIP) in 1975 and entered the regular FEMA -NFIP on March 16,1981 with the adoption of a
flood damage prevention ordinance. This is the same effective date for the Flood Insurance
Rate Maps (FIRMs). The BOCC last revised the present ordinance in 1995. The County
adopted its original soil erosion and sedimentation control standards in 1975 and its Neuse
River Basin stormwater regulations in 2001 and stream buffer use restrictions in 1994. In short,
Orange County has a long, documented history of comprehensive land development
regulations focused on our water resources and stream corridors.
On June 18, 2004, North Carolina Floodplain Mapping Program staff scheduled a preliminary
map meeting at which time they presented new preliminary FIRM panels and Flood Insurance
Study (FIS) Report to the County for the Neuse Basin streams. The new FIRMs panels altered
the existing floodplains, expanding them in some areas and decreasing them in others. The
new elevation reference (NAVD 1983) is about 0.7 feet different from the original reference
(NGVD 1929), plus hydrologists used better topographic data.
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FEMA has designated the State of North Carolina as a Cooperating Technical State (CTS).
The State has assumed primary responsibility for the FEMA NFIP mapping for all North
Carolina communities, including Orange County. North Carolina Floodplain Mapping Program
has prepared new FIRM panels for the Cape Fear and Roanoke Basin streams in Orange
County. They are now available from the Planning Department.
The county's interest in the proper management of floodplain areas has fostered an interest in
the Federal Emergency Management Administrations (FEMA) Community Rating System
(CRS) through the National Flood Insurance Program (NFIP), which provides federally flood
insurance backing to private property owners. CRS is a voluntary program for local government
to encourage, enact, and enforce floodplain regulations and documents past and present
county regulatory history, which could take our efforts to a higher level or compliance and
awareness. The CRS recognizes and encourages community floodplain management activities
that exceed the minimum NFIP requirements. As a result, flood insurance premium rates can be
discounted to reflect the reduced flood risk resulting from the community actions meeting the
three goals of the CRS: (1) reduce flood losses; (2) facilitate accurate insurance rating; and (3)
promote the awareness of flood insurance.
Benefits that communities can expect from participation in the CRS program may include the
following:
1. Reduced privately held flood insurance premiums,
2. Enhanced public safety,
3. Reduction in damage to property and public infrastructure,
4. Avoidance of economic disruption and human suffering,
5. More comprehensive environmental protection,
6. Orange County can evaluate the effectiveness of its flood program against national
benchmarks,
7. Added incentive to maintain other watershed protections,
8. Enhanced quality of life, and
9. Qualification for certain federal assistance programs.
In a coordinated effort with the new FIRM preparation, FEMA and the North Carolina
Emergency Management (NCEM) — Mitigation Division are encouraging Orange County to
participate in the CRS program. On December 14, 2004, letters, under the County Manager's
signature, were sent to the Region IV FEMA Community Mitigation Program and to the North
Carolina Division of Emergency Management, Floodplain Management Branch to, "Initiate the
formal process to participate in the NF.IP's CRS." In response to our initiative, FEMA responded
with a letter to confirm a Community Assistance Visit (CAV) during the week of February 21. As
a follow up to the letter, FEMA Region V and NCEM staff scheduled a CAV on February 22 and
23. Our last CAV was on June 21, 1995.
A summary of the CAV recommendations include the following three items:
1. Orange County should adopt the revised flood damage prevention ordinance. (The State
of North Carolina has drafted a model ordinance, which would re -enact and continue the
existing law. Staff has adapted the NC model to the existing ordinance text.)
2. Within the basic flood zone, county zoning and building inspectors should require base
flood elevation (BFE) and lowest floor elevation (LFE) data for each new structure and
repair and expansion of existing buildings, and require a surveyed plot plan to establish
building improvement locations and elevations, if floodplains are involved.
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3. Develop specific administrative procedures to deal directly with substantial damage to
flood -prone structures and to complement the existing procedures described in the flood
damage prevention ordinance.
Through this CRS process, staff has initiated several small projects to improve the county's
ability to administer its regulations and educate the public regarding floodplain regulations.
These actions include the following:
1. Within the Orange County website, under Current Planning, flood elevation certificates
are available, as well as, instructions to complete the document and the county flood
damage prevention ordinance.
2. Staff now logs in all relevant floodplain information inquiries.
3. Forms to respond to formal floodplain data requests.
4. A floodplain insurance data form for hand out to any interested citizen.
5. The 2004 Neuse Basin floodplain maps for Orange County are now a layer in the
Planning Department GIS.
6. The 2004 Neuse Basin and Cape Fear Basin floodplain maps for Orange County are
now available for viewing in the Planning Department's map room.
7. All parcels with structures located within flood prone areas now have a notice on them
within the Building Inspection permit system, so that no improvements or additions are
allowed unless flood and first floor elevation data are provided.
8. Both the Planning Department and County libraries have books, pamphlets, and
brochures on the NFIP and flood proofing buildings.
To continue with the CRS process, the FEMA representative requested that the county forward
a draft copy of the proposed revisions to the present flood damage prevention ordinance,
administrative procedures to process building permits, which involve structures in or very near
floodplain areas, and a listing of residences built in floodplain areas since 1981.
FINANCIAL IMPACT: Additional departmental staff time will be required to properly
administrate the revised flood damage prevention ordinance.
The use of the revised regulations, a condition of participation in the Community Rating System,
could provide public financial benefits in the form of flood insurance rebates. Department
involvement would eventually include, but not be limited to Planning and Inspections
Department, EMS, Information Services, Public Works, Environmental and Resource
Conservation, and Parks and Recreation.
RECOMMENDATION(S): The Administration recommends that the Board close the
public hearing and adopt the amended ordinance.
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ORDINANCE TO PUBLIC HEARING
2005
Bold = New Language
Strip = Proposed Deleted Language
AN ORDINANCE AMENDING THE COUNTY
FLOOD DAMAGE PREVENTION ORDINANCE
DIVISION 1. GENERALLY
Sec. 42 -31 Statutory authorization.
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. Therefore, the Board of
Commissioners of Orange County, North Carolina, does ordain as follows:
(Ord. of 8 -28 -1995, § 1.1, eff. 8 -28 -1995)
Sec. 42 -32 Findings of fact.
a) The flood haz-a prone areas within the jurisdiction of the 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 hazard prone areas
by uses vulnerable to floods or hazardous to other lands, which are inadequately elevated,
flood proofed, or otherwise unprotected from flood damages.
(Ord. of 8 -28 -1995, § 1.1, eff. 8 -28 -1995)
Sec. 42 -33 Statement of purpose.
It is the purpose of this ale Ordinance to promote public health, safety, and general
welfare and to minimize public and private losses due to flood conditions in specs 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;
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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.
(Ord. of 8 -28- 1995, § 1.1, eff. 8 -28 -1995)
Sec. 42 -34 Objectives.
The objectives of this Ordinance are to:
a. Protect human life 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 floodplains 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 €leed Special Flood
Hazard Area.
(Ord. of 8 -28 -1995, § 1.1, eff. 8 -28 -1995)
See. 42-35. Definitions.
The fellewing words, tems and pbfases, when used in the aAiele, shall have the meafAllgs
Unless
specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to
give them the meaning they have in common usage and to give this Ordinance its most reasonable
application.
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Accessory structure (Appurtenant Structure) means a structures, which afe is located on the same
parcel of property as the principal structure and the use of which is incidental to the use of the principal
structure. Garages, carports, and storage sheds are common urban accessory structures. Pole barns, hay
sheds, and the like qualify as accessory structures on farms, and may or may not be located on the same
parcel as the farm dwelling or shop building.
Addition (to an existing building) means an extension or increase in the floor area or height of a
building or structure, including adding new plumbing, electrical, or HVAC systems.
Appeal means a request from a review of the level Floodplain Administrator's interpretation of
any provision of this- ailiele Ordinance by the Board of Adjustment.
Area of shallow flooding means a designated AO or V9AH Zone on a Orange County's Flood
Insurance Rate Map (FIRM) with base flood depths determined to be from one (1) to three (3) feet.
These areas are located where a clearly defined channel does not exist, where the path of flooding is
unpredictable and indeterminate, and where velocity flows may be evident. Such flooding is
characterized by sheet flow or ponding.
Area of special flood hazard
a ene pe ent ^ greater- ehanee of being flooded � e ; see "Special Flood Hazard Area
SFHA „
Base flood means the flood having a one j! j percent chance of being equaled or exceeded in
any given year.
Base flood elevation (BFE) means a determination as published in the Flood Insurance Study
of the water surface elevations of the base flood.
Basement means that lowest level ^ story wh;,.h has itsueeer sub gmde any area of the building
having its floor sub grade (below ground level) on all sides.
Building ,
see "Structure ".
Chemical storage facility means a buildine, portion of a: building, or exterior area adiacent
to a building used for the storage of any chemical or chemically reactive products.
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Study fer- that area,
0
s
the present market value ef the straetffe.
A%er-e a fiFewall is pr-evided between the
addifien and the
existing the
building,
be building
the
addifien(s) shall
eensider-ed a separate and must
eemply with
Appeal means a request from a review of the level Floodplain Administrator's interpretation of
any provision of this- ailiele Ordinance by the Board of Adjustment.
Area of shallow flooding means a designated AO or V9AH Zone on a Orange County's Flood
Insurance Rate Map (FIRM) with base flood depths determined to be from one (1) to three (3) feet.
These areas are located where a clearly defined channel does not exist, where the path of flooding is
unpredictable and indeterminate, and where velocity flows may be evident. Such flooding is
characterized by sheet flow or ponding.
Area of special flood hazard
a ene pe ent ^ greater- ehanee of being flooded � e ; see "Special Flood Hazard Area
SFHA „
Base flood means the flood having a one j! j percent chance of being equaled or exceeded in
any given year.
Base flood elevation (BFE) means a determination as published in the Flood Insurance Study
of the water surface elevations of the base flood.
Basement means that lowest level ^ story wh;,.h has itsueeer sub gmde any area of the building
having its floor sub grade (below ground level) on all sides.
Building ,
see "Structure ".
Chemical storage facility means a buildine, portion of a: building, or exterior area adiacent
to a building used for the storage of any chemical or chemically reactive products.
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Development means any mau -made 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 defined as in NCGS 130A- 290(a)(6).
Elevated Building means a non - basement building, ) Wilt, the ease of ���
ni non n� n nnn nn nu a r v+ U +�. + , tFou—nd by
means of A! A9 ,AQ, - - - - --
> > shear- walls parallel to the flew of water- and, (b) adequ.Ael
« » also
> ,
t f4eilitate-the u4mpeded movement of flood atef-s which has its reference level raised above
¢round 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 flood waters.
Encroachment means 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 means 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 means a manufactured home
park or subdivision for which 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.
additional sites by the eonstpaetion of faeflities for- servieing the lots on whi� the maftufaetffed homes
are to be affixed (ineluding, at a > the installation of ufilifies, the eenstmetien of StFeets, an
either- fiRal site grading or- the r ^ „v t pads).
Flood and flooding means 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 boundary and floodway map (UFM) means an official map of an Orange County,
issued by the FEMA, on which FEMA has delineated the Special Flood Hazard Areas and the
floodways This official map is a supplement to and shall be used in conjunction with the FIRM.
Flood hazard boundary map (FHBM) means an official map of a Orange County, issued by the
Federal Emergency Management Agency, where the boundaries of the Special Flood Hazard Areas have
been defined as Zone A.
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Flood Insurance means the insurance coverage provided under the National Flood Insurance
Program (NFIP).
Flood insurance rate map (FIRM) means an official, adopted Orange County map e€ the eery,
issued by the FEMA, on which both the
Special Flood Hazard Areas and the risk premium zones applicable to the
county are delineated.
Flood Insurance Study LLIJS
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e— �`��— su�ee -- elm- �•oa— ��� —�r� means 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 and FBFMs, if published.
Floodplain or Flood Prone Area means any land area susceptible to being inundated by
water from any source.
Floodplain Administrator is the individual appointed to administer and enforce the floodplain
management regulations.
Floodplain Management means 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, includine but not limited to emergency preparedness plans,
flood control works, floodplain management regulations, and open space plans.
Floodplain Regulations means this Ordinance and other zoning ordinances, 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 anv combination thereof, which provide standards for nreventinLy and
Flood Proofing means 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 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 "regulatory floodway."
Flood Zone means a eenraphical area shown on a FHBM or FIRM that reflects the severitv
or type of floodine in the area.
Floor means the top sui=faee of an earalesed area in a bWlding (ineluding basement), i.e., top of
slab in eener-ete slab eseftstraefien or- top of wood fleer-ing in wood fi:ame eenstfuetion. The teEm does
(see "Lowest Floor ").
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Freeboard means 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 means a facility, which cannot be used for its intended purpose
unless it is located er eanie eut 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, or- seafeed
f ^ilities. The term does not include long -term storage, manufacture, sales, or service
facilities.
Hazardous Waste Manazement Facility means a facility for the collection, storage,
processing, treatment, recycling, recovery, or disposal of hazardous waste as defined in NCGS
Article 9 of Chapter 130A.
Highest Adjacent Grade HAG means the highest natural elevation of the ground surface, prior to
construction, next to the proposed walls of the structure.
Historic structure means 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.
Levee sys�em means a flood pFeteratiefi system, whieh eensists of a levee, or le-,�ees, and asseeiate
Lowest adjacent trade (LAG) means the elevation of the ground, sidewalk, patio slab, or deck
support immediately next to the building after completion of the building. For Zone A and AO,
use the natural grade elevation before construction.
Lowest floor means the sub floor, top of slab or grade the lowest 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.
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Manufactured home means a structure, transportable in one or more sections, which is built on a
permanent chassis and designed to be used with or without a permanent foundation when connected to
the required utilities. The term "manufactured home" does not include a "recreational vehicle" or any
structure construction to North Carolina Building Code requirements.
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
Market Value means 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 adiusted assessed values.
Mean sea level means the - average height of the sea -for- al stages of the tide. Otis- used
r-ef6Feeee level for establishing various elevations NN4thia the fleedplain. For- pur-peses ef this ,
the teFm is - synenymeus with Natieaa4 Geedetie Vertiau -D, 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 means structures for which the "start of construction" commenced on or after
March 16, 1981 and includes any subsequent
improvements to such structures.
Nonconforming building or development means any legally existing building or development,
which fails to comply with the current provisions of this Ordinance.
Non Encroachment area 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 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, 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.
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Post FIRM means construction or other development which started on or after March 16,
1981.
Pre FIRM means construction or other development, which started before March 16, 1981.
Public safety and/or nuisance means anything, which is incurious 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.
Recreational vehicle Ri means a vehicle, which is built on a single chassis, 400 square feet or
less when measured at the largest horizontal projection, designed to be self - propelled or permanently
towable by a light duty truck, and designed primarily not for use as a permanent dwelling, but as
temporary living quarters for recreational, camping, travel, or seasonal use.
Reference level is 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 Al -A30, AE, A, A99, or AO, the reference
level is the top of the lowest inhabited floor.
Regulatory flood protection elevation means 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 (21) 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 (21) feet above the highest adjacent grade.
Remedy a violation means to bring the structure or other development into compliance with State
or level and Orange County laws and fleedplain managemefl.t. regulations, , if this is not pessib to
with regard to the stfuetffe er other- develepmen.A.
Repetitive loss means flood - related damages sustained by a structure on two (2) separate
occasions during any 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 percent (25 %) of the market value, or the tax
value in the absence of recent comparative sales, of the structure before the damage occurred.
Retrofitting means 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 means relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc.
;wied Ilooi`i131a:.1 ol i" r.:
present, t , high water- ae
be ideFAAed,
fine ef permanent vegetatien if g
Reference level is 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 Al -A30, AE, A, A99, or AO, the reference
level is the top of the lowest inhabited floor.
Regulatory flood protection elevation means 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 (21) 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 (21) feet above the highest adjacent grade.
Remedy a violation means to bring the structure or other development into compliance with State
or level and Orange County laws and fleedplain managemefl.t. regulations, , if this is not pessib to
with regard to the stfuetffe er other- develepmen.A.
Repetitive loss means flood - related damages sustained by a structure on two (2) separate
occasions during any 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 percent (25 %) of the market value, or the tax
value in the absence of recent comparative sales, of the structure before the damage occurred.
Retrofitting means 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 means relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc.
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05/12/2005 12
Salvage yard means 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 means any facility involved in the disposal of solid waste, as
defined in NCGS 130A- 290(a)(35).
Solid waste disposal site defined as in NCGS 130A- 290(a)(36).
Special flood hazard area (SFHA) means the land in the floodplain subject to a one (1 %)
percent or greater chance of being flooded in any given vear as determined in Section 3.2 of this
Ordinance.
Start of Construction
Ceastal naffier- ReseufEes Aet [P.L. 97 348), 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.
Structure means, , a walled and roofed building, a
manufactured home, or ceding a gas or liquid storage tank, er —ems- man fflade fi-e}1=ties er
that are principally above ground.
Substantial damage means 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 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 10 -year period for which the cost of repairs at the
time of each such flood event, on the average, equals or exceeds 25 percent of the market value of
the structure before the damage occurred.
Substantial improvement means 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 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.
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13
05/12/2005
Pffeent of the value of the > > pads before dhee > > or- Hapfevemen
Variance is a grant of relief to a pefsen from the requirements of this Ordinance by the Board of
, whieh
ztis
Violation means the failure of a structure or other development to be fully compliant with these
Orange GeuRWs floodplain management regulations. 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.
Water surface elevation (WSE) means the height in relation to mean sea level, of floods of
various magnitudes and frequencies in the floodplains of coastal or riverine areas.
Watercourse means 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.
(Ord. of 8 -28 -1995, art. 2, eff. 8 -28 -1995)
Cross references: Definitions generally, § 1 -2.
Sec. 42 -36. Lands to which this Ordinance Applies.
This Ordinance shall apply to all SFHAs within the jurisdiction, including Extra- Territorial.
Jurisdictions (ETA if applicable, of Orange County and within the jurisdiction of any other
Orange County whose governing body agrees, by resolution, to such applicability.
(Ord. of 8- 28- 1995, § 3.1, eff. 8 -28 -1995)
Sec. 42 -37. Basis for establishing the Special Flood Hazard Areas.
The areas -e€ SFHA are those identified by the FEMA or produced under the Cooperating
Technical State agreement between the State of North Carolina and FEMA in its FHBM or i&4ts
Flood Insurance Study (FIS) and its accompanying flood maps such as the FIRM(s) and/or the
FBFM(s), for Orange County dated June 23, 2005 Mar -eh 16, ' 041, which with accompanying maps
and --eth supporting data, and any revision thereto, including Letters of Map Amendment or
Revision, 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 42 -69 (11/12) of this
Ordinance;
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05/12/2005 14
2. Preliminary FIRMS where more stringrent than the effective FIRM; or
3. Post - disaster Flood Recovery Maus, if available.
(Ord. of 8 -28 -1995, § 3.2, eff. 8 -28 -1995)
Sec. 42-38. Compliance
No structure or land shall hereafter be located, extended, converted, stFaeturell altered, or
developed, improved, or maintained in any way without full compliance with the terms of this
Ordinance and other applicable regulations.
(Ord. of 8 -28 -1995, § 3.4, eff. 8 -28 -1995)
Sec. 42 -39. 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 aneth any other Ordinance
conflict or overlap whichever imposes the more stringent restrictions shall prevail.
(Ord. of 8 -28 -1995, § 3.5, eff. 8 -28 -1995)
Sec. 42 -40. Interpretation.
In the interpretation and application of this Ordinance, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and,
3. Deemed neither to limit nor repeal any other powers granted under State statutes
(Ord. of 8 -28 -1995, § 3.6, eff. 8 -28 -1995)
Sec. 42 -41. Warning and disclaimer of liability
The degree of flood protection required by this Ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will
occur on rare occasions. Man made construction or natural causes may increase actual flood heights.
This Ordinance does not imply that land outside the SFHA or uses permitted within such areas will be
free from flooding or flood damages. This Ordinance shall not create liability on the part of Orange
County or by any officer or employee thereof for any flood damages that result from reliance on this
Ordinance or any administrative decision lawfully made hereunder.
(Ord. of 8 -28 -1995, § 3.7, eff. 8 -28 -1995)
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15
05/12/2005
Sec. 42 -42. Penalties for violation.
Violation of the provisions of this Ordinance or failure to comply with any of its requirements,
including violation of conditions and safeguards -established in connection with grants of variance or
special exceptions, shall constitute a Class 3 misdemeanor. Any person who violates this Ordinance or
fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than
$200.00 $50.00 or imprisoned for not more than twenty 20 d days, or both. Each day such
violation continues shall be considered a separate offense. Nothing herein contained shall prevent
Orange County from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. of 8 -28 -1995, § 3.8, eff. 8 -28 -1995)
Secs. 42- 43--- 42 -65. Reserved.
Division 2. ADNHNISTRATION.*
*Cross references: Administration, ch.2.
Sec. 42 -66. Designation of Weal Floodplain Administrator.
The Zoning Officer hereinafter referred to as the "Floodplain Administrator ", is hereby
appointed to administer and implement the provisions of this Ordinance.
(Ord. of 8 -28 -1995, § 3.3, eff. 8 -28 -1995)
Sec. 42 -67. 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 42 -37.
(Ord. of 8'-28 -1995, § 3.3, eff. 8 -28 -1995)
Sec. 42 -68. Floodplain development appheatien permit and certification requirements.
1. Plans and Application requirements. Application for a floodplain development permit
shall be made to the lee-al Floodplain Administrator on forms furnished by him or her prior
to any development activities proposed to be located within flood prone areas. The
r- --- --- - -r - - -- — --
> > > '
pFopesed -straet.iff-es; and the- I-e-e-at—en of fill ' areas,
Spee The following items/ wed information shall be presented to the
Floodplain Administrator to apply for a floodplain development permit.
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05/12/2005
16
a) A plot plan flia4 shows s the inn ea feed 1ain rei#euf statement tt, + the entire 1 + er-
within the fleedp ai must be ,;de by the development + 1' + 1, the
1 +
r r � Y Y YY
is wigiin or- appears te be NN4thin the fleedplain as mapped by the Federal Emer-geney
Management o eJ fleedplain identified pursuant uava ow,.rvz 42 69 or- 42
by the ..,,,.v °~ ° ~°" a 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 42 -37 or a statement that the entire lot is within the
SFHA;
iii. Flood zone(s) designation of the proposed development area as determined on
the FIRM or other flood map as determined in Section 42 -37;
iv. The boundary of the floodway(s) or non - encroachment area(s) as determined in
Section 42 -37;
v. The Base Flood Elevation (BFE) where provided as set forth in Section 42 -37;
Section 42 -69 (11/12); or Section 42 -91;
A The old and new location of any watercourse that will be altered or relocated as
a result of proposed development;
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 the
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05/12/2005
17
a djaeeiA gfad-e.. Provosed elevation, and method thereof, of all development within a
411A 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, A, or AO will be flood-proofed;
iii. Elevation in relation to mean sea level to which any proposed utility systems will
be elevated or flood proofed;
eated as a r- ---'+
e. Wher-e aiay water-eewse --- :11 be `+eFe4-eF-Fe1O 4' 0— — Pm-'uF` "epment,
the appheatien F development pem3it sb.41 inelude a desIn!-:-*4-- ef the ex4e'# eE
watefeeufse wheffafien er- --l—afien- A en the effeets -__1 dhe Pr-epesedd
pr-ejeet en the flood e eity of +-,-.w �._
BHA - —OP 6howing the leeatien ef the pr-epe
leeaW both upstr-eam and-dewa&tr-eam;
water-eeur-se alter-atien er r-eleeatien.
9-
When a st-,�e is Reed pr-eefed, the wlieaflt shall-Tr-e-Ade a +Lana4e frzeffi -a
registered pr-efessional : ar-el-Ateet If flood iproormg, 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 42-(2) and 42 -94 -5.2
eempieteEk. WiffHE -H: MUMMM tMY-
flood pr-eefing by whatever- eenstfuetien means, v4iiehe applieable,
duty of the pemait helder- te sub 4e the leeal administFater- a eer-tifieafieii e
elev6tien of the lewest fleer, er- Reed pr-eefed elevatien, , as
in relation to mean sea level. This eer-tifie-afien shall be prepared by er- under- the dir-eet
of a NeAh Carolina heensed pr-efessienal land sur-veyer- or- pr-efessienal
eaggineef md ee--4e A J- the surw" ff. When geed pr-eefing is u4lized for-
pai4ieular- building, eefffifinatien shall be prepared by er- undef the dir-ee H)f-a
pEefession-al. en&eer- er- arehiteet and eer-tified by the en-i -,-biteet. Aay we-A.
dene v4tbin the 21 .l and pfier- te sub- mice ien ef,the cerfifieatie-fi shall be --+. the
peffnit helder-'s risk. The lereal adm- --wistFater- shall r-eview the fleer- elevatien survey dat
subn3ifted. The pen:ait e—diately and pr-ier- te fiffffier- pr-e- k bein
pefF.Hitted te pr-eeeed shall eerFeet defieieneies deteeted by sueh review. 1761 liwire te S13 wAt.
the survey er. failufe to make the eeffeefie s fe-qui-r-ed by this subseetien sW1 be eau
issue a stelp PI-Jeet- 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);
2",
05/12/2005 18
ii. Openings to facilitate equalization of hydrostatic flood forces on walls according
to Section 42- 92(5), when solid foundation perimeter walls are used in Zones A,
AO, AE, and AI -30;
h. Usage details of any enclosed space below the regulatory flood protection elevation.
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;
j. 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.)
k. If the Floodplain Administrator issues a floodplain development permit for
placement of recreational vehicles and/or temporary structures, documentation to
ensure compliance with Section 42 -92(4 and 7) of this Ordinance.
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 proiect 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.
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 42 -37.
c. The regulatory flood protection elevation required for the reference level and all
attendant utilities.
d. The regulatory flood 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.
g. If in an A, AO, AE or Al -30 zone, specify the minimum foundation opening
requirements
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05/12/2005
19
h. State limitations of below BFE enclosure uses (if applicable) such as, parkinnE,
building access and limited storage only).
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 proiect.
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 A, AO, AE, or Al -30 and the
elevation of the chassis is more than thirty -six (36) inches in height, an engineered
foundation certification is required per Section 42- 92(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 pro iect on the flood- carrying capacity of the 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.
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05/12/2005 20
e. Certification Exemptions. The following structures, if located within Zone A, AO,
AE or Al -30, are exempt from the elevation/flood proofing certification
requirements specified in items a. and b. above:
i. Recreational vehicles meeting requirements of Section 4- 92(4);
ii. Temporary structures meeting requirements of Section 42- 92(6); and
iii. Accessory Structures with any dimension that is twelve feet or greater in height,
width, or depth, meeting requirements of Section 42- 92(7).
(Ord. of 8 -28 -1995, § 4.2, eff. 8 -28 -1995)
Sec. 42 -69. Duties and responsibilities of the floodplain loeal 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 NF1P prior to
any alteration or relocation of a watercourse, and submit evidence of such notification to the
Federal E,..,er -ge ey Management Age .. 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 42 -93.
6. Obtain actual elevation (in relation to mean sea level) of the moor reference level
(including basement) of all attendant utilities of all new or substantially improved
structures, according to Section 42- 68(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 42- 68(3).
8. Obtain actual elevation (in relation to mean sea level) of all public utilities, according to
Section 42- 68(3).
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21
05/12/2005
9. When flood proofing is utilized for a particular structure, obtain certifications from a North
Carolina licensed Professional Engineer or Architect according to Section 42 -92.
10. Where interpretation is needed as to the exact location of boundaries of the SFHAs (for
example, where there appears to be 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 42 -71.
11. When BFE er- llaed� data have not been provided according to section 42 -37, obtain,
review, and reasonably utilize any BFE data, along with and floodway data and/or non:
encroachment area data available from a Federal, State, or other source, including data
developed pursuant to Section 42 -94, 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 42 -37, 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. Serve natiees-_8 P
die aeeer-danee with see 42-70.
15. Permanently maintain all records pertaining to the administration of this Ordinance and'
make these records available for public inspection during normal business hours.
16. 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 iurisdiction of the Orange
County at any reasonable hour for the purposes of inspection or other enforcement
action.
17. 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 42 -37 of this Ordinance,
includine any revisions thereto including LOMA), issued by State and/or FEMA.
18. Notify State and FEMA of mapping needs.
19. Issue stop -work orders as required Whenever a building or part thereof is being
constructed, reconstructed, altered, or repaired in 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
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05/12/2005 22
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 3
misdemeanor.
20. 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 writinLy 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.
21. 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 iurisdiction of the department at any
reasonable hour for the purposes of inspection or other enforcement action.
22. Follow through with corrective procedures of Section 42 -70.
23. Coordinate Letters of May Change and FIS/FIRM revisions with other County
departments, State of North Carolina, and FEMA.
(Ord. of 8 -28 -1995, § 4.2, eff. 8 -28 -1995)
Sec. 42 -70. Corrective procedures.
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the wer-k is being gene aerser-ding to -the previsions of this er-dinemee and
this
the teEms -of the peffnit. 4a
e%er,eising f right,
inspeetion n ether- en f .- eew.erA aet er.
I - Now:
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IN-1
Wm-
I - Now:
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05/12/2005
23
shall have a s
aetien.
1. Violations to be Corrected: When the leeal Floodplain Administrator finds violations of
applicable State and local laws, it shall be his or her duty to notify the owner or occupant of
the building of the violation. The owner or occupant shall immediately remedy each of the
violations of law pertaining to their property lie -ewers.
2. Actions in Event of failure to Take Corrective Action: If the owner of a building or property
shall fail to take prompt corrective action, the Floodplain Administrator shall give him the
owner written notice, by certified or registered mail to his the owner's last known address or
by personal service, stating that:
a. The building or property is in violation of this Ordinance;
b. A hearing will be held before the lee-al Floodplain Administrator at a designated place
and time, not later than ten (10) business days before after the date of the notice, at
which time he the owner shall be entitled to be heard in person or by counsel and to
present arguments and evidence pertaining to the matter; and
c. Following the hearing, the leeal-Floodplain Administrator may issue such order to alter,
vacate, or demolish the building; or to remove fill as appears appropriate.
3. 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 sueh a specified time period, not less than sixty
(60) days. T ter -may— prescribe; preN4ded th 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.
4. 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 leeal goveming -b9dj Board of Adjustment shall hear an appeal within a reasonable
time and may affirm, modify and affirm, or revoke the order.
5. 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
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05/12/2005 24
an order of the governing body following an appeal, he or she shall be guilty of a Class 3
misdemeanor and shall be punished in the discretion of the court.
(Ord. of 8 -28 -1995, § 4.4, eff. 8 -28 -1995)
Sec. 42 -71. Variance procedures.
1. The Board of Adjustment as established by Orange County, hereinafter referred to as the
"appeal board ", shall hear and decide requests for variances from the requirements of this
Ordinance.
2. Any person aggrieved by the decision of the appeal board er- any tcpayef may appeal such
decision to the Court within thirty (30) business days, as provided in Chapter 7A of the
North Carolina General Statutes.
3. 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 .
4. 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:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the Orange County;
e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations, not subject to flooding or erosion damage, for
the proposed use;
g. The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the Land Use Element of the Orange County
Comprehensive Plan and floodplain management program for that area;
The safety of access to the property in times of flood for ordinary and emergency
vehicles;
j. 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; and
t, ?f......� a.,:ru.
05/12/2005
25
k. 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 bridges; and
1. The request for a variance is not after - the -fact or for a situation of one's own
makin .
5. A written report addressing each of the above factors shall be submitted with the
The � I ,;� +oa , �.,- --E.., (E
application for a variance � �........,,.. __..___ � ��_ �- ;a; Of u-S
submitted to the appeal beaEd, in , and ineluded
6. 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.
7. 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.
8. Conditions for Variances:
a. Variances may not be issued when the variance will make the structure in violation of
other Federal, State, or local laws, regulations, or ordinances.
b. Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
c. Variances shall only be issued upon:
i. A showing of good and sufficient cause;
ii. A determination that failure to grant the variance would result in exceptional
hardship;
iii. 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,
iv. That the circumstances on the subiect property are unique to the subiect
property and not to properties in general
d. 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.
e. 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.
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05/12/2005
26
9. The Board of County Commissioners may issue a Class A Special Use Permit for solid
waste disposal facilities, hazardous waste management facilities, salvage yards, and
chemical storage facilities that are located in SFHAs if all of the following conditions
are met. A floodplain development permit may be issued for such development only if a
variance is granted.
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 variance at least thirty
(30) days before granting the variance.
(Ord. of 8 -28- 1995, § 4.5, eff. 8 -28 -1995)
Secs. 42 -72 — 42 -90. Reserved.
DIVISION 3. PROVISIONS FOR FLOOD HAZARD REDUCTION.
Sec. 42 -91 General Standards.
In all areas ef speeial flood haz SFHAs 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 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.
'IxmirgD,v:G`V t'005 ll:hi: }Irai!ir a prop'o.,ed
27
05/12/2005
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.
9. 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 zene, non-
encroachment area, or stream setbac provided that the bulk of the building or structure
below the regulatory flood protection elevation in the floodway zone, non - encroachment
area, or stream setback is not increased and if provided that such repair, reconstruction, or
replacement meets all of the other requirements of this Ordinance.
10. New solid waste disposal facilities, hazardous waste management facilities, salvage
yards, and chemical storage facilities shall not be permitted in SFHAs.
11. 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 42 -68(3) of this
Ordinance.
12. Storage of the following chemical compounds shall be prohibited within SFHAs:
a)
Acetone,
m) Phosphorus,
b)
Ammonia,
n)
Potassium,
c)
Benzene,
o)
Sodium,
d)
Calcium carbide,
p)
Sulfur,
e)
Carbon disulfide,
q)
Acetylene gas,
f)
Celluloid,
r)
Gasoline,
g)
Chlorine,
_s)
Any petroleum product,
h)
Hydrochloric acid,
t)
Lumber, and
i)
Prussic acid,
u)
Charcoal or coal dust.
j)
Magnesium,
k)
Nitric acid,
1)
Oxides of nitrogen,
13. Hospitals,
nursing homes,
foster care facilities, sheriffs facilities, fire stations,
emergency operations centers, and vehicle and equipment storage facilities shall not be
permitted in SFHAs.
14. Any inhabited structure within any SFHA shall have unobstructed, dry access during a
regulatory flood event.
15. New fill material within any SFHA shall be prohibited.
05/12/2005 28
(Ord. of 8 -28 -1995, § 5.1, eff. 8 -28 -1995)
Sec. 42 -92. Specific standards.
In all areas ef speeial fleed hazard SFHAs where BFE data has been provided, as set forth in
Section 42 -37 or 42 -69, the following provisions are required:
1. Residential Construction. New construction or substantial improvement of any residential
structure (including manufactured homes) shall have the lewest floor reference level,
including basement, elevated no lower than two feet above the base flood elevation the
regulatory flood protection elevation, as defined in Article 2 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 the
urAmpeded movements of fleedwat shall be provided pursuant to Section 42 -.
2. Non - Residential Construction. New construction or substantial improvement of any
commercial, industrial, or other non - residential structure
shall have the lowest flee reference level, including basement, elevated no lower than #tee
feet above the base fleed eley tie the regulatory flood protection elevation. Structures
located in A, AO, AE and Al -30 Zones 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 42 -68.
3. Manufactured Homes.
a. New or replacement manufactured homes shall be elevated so that the reference
level of the manufactured home is no lower than the regulatory flood protection
elevation.
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*20101 "Wor,
RMIRRIKIWIS
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05/12/2005
29
movement.
I Manufactured homes shall be securely anchored to an adequately anchored foundation
to resist pfefen #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
U43-143.15 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.
e. All foundation enclosures or skirting shall be according to Section 42 -52.
f. 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. Recreational Vehicles. ' eff ----eels °_
a a h ei +Iy 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
iacking 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 42 -68 and 42 -91 and subsection (3) of this section.
5. 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 A, AO, AE, and Al -30 zones
and meet the following design criteria: b solely- the '"ng of veWe es bull
aeeess or- .�uvl flooding shall
designated to preelude finished li�v� spaee and be designed to autematieally equalize
b
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:
_
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05/12/2005
30
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 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, emeept to enelese storage areas.
6. Temporary structures. Prior to the issuance of a floodplain development pen-nit for a
temporary structure, the following requirements mus shall be met:
a. - 11 Applicants must shall submit to the Floodplain Administrator pprior- to the issuanee of
the development a plan for the removal of such structure(s) in the event of a
hurricane or flash flood warning notification. The plan mast 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 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
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05/12/2005
31
v. Designation, accompanied by documentation, of a location outside the SFHA to
which the temporary structure will be moved.
b. The above information in shall be submitted in writing to
the leeal Floodplain Administrator for review and written approval.
7. Accessory Structures. When accessory structures (sheds, detached garages, etc.) -=T
of $3,000 e ess, 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;
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 42 -91;
e. All service facilities such as electrical and heating equipment, shall be installed according
to Section 42 -91; and
f. Openings to relieve hydrostatic pressure during a flood shall be provided below
rcburacvey -TCVVCapivz�nw.c :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 42- 68(3); and
h The accessory structure shall meet all zoning and building code requirements.
8. 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 must shall be designed to
minimize flood damages and mu shall not be any more non - conforming than the
existing structure.
ii. Ar-L—substantial improvements -as defined requiring a zoning or building permit,
both the existing structure and the addition and/or improvements -Must shall comply
with the standards for new construction.
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05/12/2005 32
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. I-&-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.
(Ord. of 8- 28- 1995, § 5.2, eff. 8 -28 -1995)
Sec 42 -93. Specific Standards for stFeams floodplains without established base flow elevations
and/oFAoo s (Approximate Zone A).
Leeaated Within the areas of speeW flood hazard SFHAs established in Section 42 -37 are
small 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 demonstratinLy that such encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
2. If Section 42 -94(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 42 -37.
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 3.2
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.
(Ord. of 8 -28 -1995, § 5.3, eff. 8 -28 -1995)
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33
05/12/2005
Sec. 42 -94. Subdivisions, manufactured home parks, and major developments.
All subdivisions, manufactured home par, and major development proposals located
within SFHAs shall:
1. All subdivision pfopesals shall Be consistent with the need to minimize flood damage.
2. ^,! subdivisien p fopesalsshall Have public utilities and facilities such as sewer, gas, electric,
cable, and water systems located and constructed to minimize flood damage.
3 All subdivisien proposals shall Have adequate drainage provided to reduce exposure to flood
hazards
4. Have BFE data shame provided fer sub&4siep proposals and other- pr -ep '° if "
r r
development whieh is grew exceeds either dhaR4he4esseerr of 50 lots /units or five acres.
Such BFE data shall be adopted by reference per Section 42 -37.
(Ord. of 8 -28 -1995, § 5.4, eff. 8 -28 -1995)
Sec. 42 -94a. 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 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. 42 -94b. Floodway and non - encroachment areas.
Areas designated as floodways or non - encroachment areas are located within the SFHA
established in Section 42 -37 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
hydrologic and hydraulic analyses, performed according to standard engineering
practice, that the proposed encroachment would not result in any increase in the flood
levels durina the occurrence of the base flood. Such certification and technical data
shall be presented to the Floodplain Administrator before issuance of floodplain
development permit.
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05/12/2005 34
2. If the requirements of Section 42- 94b(1) are adhered to, all development shall comply
with all applicable flood hazard reduction provisions of this Ordinance.
3. No manufactured homes shall be permitted, except replacement manufactured homes
in an existing manufactured home park or subdivision, provided the following
provisions are met:
a. The anchoring and elevation standards of Section 42- 92(3); and
b. The no encroachment standard of Section 42- 94b(2) are met.
Sec. 42 -94c. Standards for Floodplains without Established Base Flood Elevations.
Within the SFHAs established in Section 42 -37, 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 42 -94(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 42- 69(11/12)1
When BFE data are not available from a federal, state, or other source, the reference
level, including basement, shall be elevated at least two (21 feet above the HAG.
Sec. 42 -95. Standards for areas of shallow flooding (AO zones).
Located within the SFHAs established in Section 42 -37, are areas designated as shallow
flooding areas. These areas have special flood hazards associated with base flood depths of one (1) to
three (3) feet where a clearly defined channel does not exist and where the path of flooding is
unpredictable and indeterminate. The following provisions shall apply within such areas:
1. All new construction and substantial improvements of all structures shall have the lowest
floor, including basement, elevated to the depth number specified on the FIRM, in feet,
above the highest adjacent grade. If no depth number is specified, the lowest floor, including
basement, shall be elevated at least two feet above the Mghest adjaeei# regulatory
flood protection elevation as defined for the SFHAs, where no BFE has been
established.
2. All new construction and substantial improvements of non - residential structures shall have
the option, in lieu of elevation, to be completely flood proofed together with attendant
utilities and sanitary facilities to or above that level so that any space below that level is the
same depths as listed above so giat a spaee that level shat be watertight with walls
substantially impermeable to the passage of water and with structural components having the
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05/12/2005 35
capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
Certification is required as per Section 42 -68(3) and Section 42- 92(2).
(Ord. of 8 -28 -1995, § 5.5, eff. 8- 28- 1995)
Sec. 42 -96. Effect upon outstanding building 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 buil 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
sixty «n' days six (6) months subsequent to the date of issuanee ef the outstanding pemli passage of
this Ordinance or any revision thereto, construction or use shall be in conformity with the
provisions of this Ordinance.
(Ord. of 8 -28 -1995, § 5.5, eff. 8 -28 -1995)
DIVISION 4. LEGAL STATUS PROVISIONS.
Sec. 42-97. 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. 42 -98. Effective date.
This Ordinance shall become effective upon adoption.
Adoption certification. I hereby certify that this is a true and correct copy of the Flood
Damage Prevention Ordinance as adopted by the Board of County Commissioners of Orange County,
North Carolina, on the day of 22005.
WITNESS my hand and the official seal of, this the day of
Seal:
Clerk to BOCC
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2005.
36
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
CnntP e! ®'
Administrative Division �� ' °P 306F Revere Road
(919) 245 -2575 Hillsborough,
(919) 644 -3002 (FAX) North Carolina, 27278
s
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To: Craig Benedict, Planning Director
Robert Davis, Current Planning Supervisor
Ren Ivins, Erosion Control Supervisor
From: Glenn Bowles, Planner H
Date: May 10, 2005
Subject: Structures in Mapped Flood -Prone Areas
With the recent attachment of Neuse and Cape Fear River Basins flood -prone area map
coverages into the Orange County Planning GIS database, staff is able to access new floodplain
data with our existing GIS parcel and building overlays. The new floodplain data removed some
67 structures in Neuse Basin stream and added 30 other structures, which previously were not
within mapped floodplain areas. The table below summarizes the type of structure and
construction date, if known.
Of the 86 structures in floodplain areas, 45 are houses or manufactured homes, and 41 are
garages, barns, stables, or other outbuildings. The 86 structures represent about 2% if all Orange
County parcels containing flood prone areas. Of the 45 residences, 34 were built before 1981,
the date the county's flood damage ordinance was first adopted. Three residences have located in
floodplain areas since 1994, the date of the county's initial stream buffer ordinance adoption.
New floodplain mapping includes 14 houses, which were not mapped in 1981. For flood
insurance purposes, these residences will be placed in a special category. Only four structures
are located wholely or partially within floodways, two are residences built before 1973 and one
is a state -owned building.
Public N u,�itlps,. hal 23
37
The figures for Price Creek flood prone residences may decrease when staff is able to overlay the
Cape Fear River Basin Special Flood Hazard Areas over the Heritage Hills subdivision parcels
and building GIS layers.
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Administrative Procedures Regarding the Application of Flood
Damage Prevention
A floodplain development permit, conforming to the provisions of the Flood
Damage Prevention Ordinance, shall be required before the commencement of
any development activities within Special Flood Hazard Areas. No structure or
land within a Special Flood Hazard Area in Orange County shall hereafter be
located, extended, converted, altered, or developed in any way without full
compliance with the terms of the Flood Damage Prevention Ordinance and other
applicable regulations
Floodplain development permit and certification requirements.
1. Plans and Application requirements. Contractors or owners shall make
application on furnished forms for a floodplain development permit to the
Floodplain Administrator before any development activities within flood prone
areas commence and building permit review commences. To apply for a
floodplain development permit, the following information shall be presented to
the Floodplain Administrator
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:
L The nature, location, dimensions, and elevations of the area of
development/disturbance; existing and proposed structures, utility
systems, grading /pavement areas, fill materials, storage areas,
drainage facilities, and other development;
ii. The boundary of the Special Flood Hazard Areas (SFHA) as
delineated on the Flood Insurance Rate Map (FIRM) or other flood
map or a statement that the entire lot is within the SFHAs;
iii. Flood zone(s) designation of the proposed development area as
determined on the FIRM or other flood map;
iv. The boundary of the floodway(s) or non - encroachment area(s);
v. The Base Flood Elevation (BFE);
vi. The old and new location of any watercourse that will be altered or
relocated as a result of proposed development;
vii. Preparation of the plot plan by or under the direct supervision of a
North Carolina licensed professional land surveyor or professional
engineer who certifies it.
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;
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ii. Elevation in relation to mean sea level to which any non - residential
structure in Zone AE, A, or AO will be flood - proofed; and
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 contingency plans from a
North Carolina licensed professional engineer or architect certifying that
the non - residential flood proofed development will meet the flood- proofing
criteria.
d. To ensure compliance with the Flood Damage Prevention Ordinance, a
Foundation Plan, drawn to scale, shall include details of the proposed
foundation system. 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); and
ii. Openings to facilitate equalization of hydrostatic flood forces on walls,
when solid foundation perimeter walls are used.
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 that the improvements comply with the Flood
Damage Prevention Ordinance.
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 (if not shown on plot plan) showing the location of
the proposed watercourse alteration or relocation.
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2. Floodplain Development Permit Data Requirement.
To document compliance with the Flood Damage Prevention Ordinance,
permit applicants shall provide the following information at a minimum on the
floodplain development permit.
a. Descriptions of the development under the floodplain development permit
issuance.
b. The SFHA determination for the proposed development per available
data.
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.
g. 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).
3. Certification requirements
a. The permit requires an Elevation Certificate (FEMA Form 81 -31) or Flood
Proofing Certificate (FEMA Form 81 -65) 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 it. 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. The permit
holder shall correct any deficiencies detected by such review immediately
and before further work is 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. The permit requires a complete Final As -Built Elevation Certificate (FEMA
Form 81 -31) after construction is completed and before Certificate of
Compliance /Occupancy issuance. The permit holder shall submit to the
Floodplain Administrator a certification of final as -built construction of the
elevation of the reference level and all attendant utilities. Elevation
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41
certification shall be prepared by, or under the direct supervision of, either
a North Carolina licensed professional land surveyor or professional
engineer and certified by the same. The Floodplain Administrator shall
review the certificate data submitted. The permit holder shall immediately
correct any deficiencies detected by such review and before 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 issuing a Certificate of Compliance /Occupancy.
c. If an owner places a manufactured home within a flood zone and the
elevation of the chassis is more than thirty- six,(36) inches in height, an
engineered foundation certification is required.
d. If a permittee proposes to alter or relocate a watercourse, 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 the effects to properties located both upstream and
downstream. The permit applicant shall submit a map showing the
location of the proposed watercourse alteration or relocation before the
Floodplain Administrator issues the floodplain development permit.
4. Certification Exemptions.
The following structures, if located within a flood zone, are exempt from the
elevation /flood proofing certification requirements specified above:
a. Recreational vehicle that is on the site for fewer than 180 consecutive
days and is' fully licensed and 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 meets all the requirements for new
construction, including anchoring and elevation requirements;
b. Temporary structures for which the applicant has submitted a plan for the
removal of such structure(s) in the event of a hurricane or flash flood
warning notification. The plan must include the following information:
L 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 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
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42
v. Designation, accompanied by documentation, of a location outside the
SFHA to which the permit holder will move the temporary structure.
c. Accessory Structures with any dimension that is twelve feet or greater in
height, width, or depth, which:
L Are not used for human habitation (including work, sleeping, living,
cooking or restroom areas);
ii. Are designed to have low flood damage potential;
iii. Are constructed and placed on the building site so as to offer the
minimum resistance to the floodwater flow;
iv. Are firmly anchored;
v. Have all service facilities such as electrical and heating equipment,
shall be properly installed; and
vi. Have openings to relieve hydrostatic pressure during a flood.
5. Corrective procedures.
a. Violations to be Corrected. When the Floodplain Administrator finds
violations of applicable State and local laws, he or she shall notify the
building in violation owner or occupant. The owner or occupant shall
immediately remedy each of the violations listed.
b. Actions in Event of Failure to Take Corrective Action. If the building or
property owner shall fail to take prompt corrective action, the Floodplain
Administrator shall give the owner written notice, by certified or registered
mail to the owner's last known address or by personal service, stating that:
L The building or property is in violation of the Flood Damage Prevention
Ordinance;
ii. The Floodplain Administrator will schedule a hearing at a designated
place and time, not later than ten (10) 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; and
iii. Following the hearing, the Floodplain Administrator may issue such
order to alter, vacate, or demolish the building; or to remove fill as
appears appropriate.
c. 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 the Flood Damage Prevention
Ordinance, he or she shall make an order in writing to the owner, requiring
the owner to remedy the violation within a specified time, but not less than
sixty (60) days. When the Floodplain Administrator finds that there is
imminent danger to life or other property, corrective action may be taken in
such lesser period, as may be feasible.
43
d. Appeal. Any owner who has received an order to take corrective action
may appeal the order to the Board of Adjustment by giving notice of
appeal in writing to the Floodplain Administrator and the clerk within ten
(10) 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.
e. 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 there was no
appeal or fails to comply with a Board of Adjustment order following an
appeal, the owner shall be guilty of a Class 3 misdemeanor and shall be
punished in the discretion of the court of competent jurisdiction.
General Standards
In all Special Flood Hazard Areas the following provisions are required. Any
alteration, repair, reconstruction, or improvements to a structure shall meet the
requirements of "new construction." Permit holders or their contractors shall:
1. Anchor all new construction and substantial improvements to prevent
flotation, collapse, or lateral movement of the structure.
2. Construct all new construction and substantial improvements with
materials and utility equipment resistant to flood damage.
3. Construct all new construction or substantial improvements using methods
and practices that minimize flood damages.
4. Design and locate electrical, heating, ventilation, plumbing, air
conditioning equipment, and other service facilities 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. Design all new and replacement water supply systems to minimize or
eliminate infiltration of floodwaters into the system.
6. Design new and replacement sanitary sewage systems to minimize or
eliminate infiltration of floodwaters into the systems and discharges from
the systems into floodwaters.
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44
7. Locate and construct on -site waste disposal systems to avoid impairment
to them or contamination from them during flooding.
8. Not enlarge, replace, or rebuild non - conforming buildings or uses or other
development, unless such enlargement or reconstruction conforms to the
provisions above. The repair, reconstruction, or replacement of a building
or structure existing on March 16, 1981, which is located totally or partially
within the floodway non- encroachment area, or stream setback is
permitted. The bulk of the building or structure below the regulatory flood
protection elevation in the floodway, non - encroachment area, or stream
setback cannot be increased and if such repair, reconstruction, or
replacement meets all other requirements.
9. New solid waste disposal facilities, hazardous waste management
facilities, salvage yards, and chemical storage facilities shall not be
permitted in Special Flood Hazard Ares. 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
Special Flood Hazard Area only if the structure or tank is either elevated
or flood proofed to at least the regulatory flood protection elevation and
certified.
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C. PUBLIC HEARING ITEM 0./
1. Orange County Flood Damage Prevention Ordinance Amendments
a. Amend the existing 1981 Flood Damage Prevention Ordinance according to Federal Emergency
Management Agency (FEMA) Region IV suggestions and the new State of North Carolina model
for non - coastal jurisdictions.
b. Continue participation in the Community Rating System (CRS), which can moderate property
insurance costs.
c. Review Administrative Procedures for the issuance of development permits near floodplains.
Planning Director Craig Benedict said that this is the only formal public hearing item on the agenda.
This is a standalone ordinance. Orange County became a participating community in the National Flood
Insurance Program in 1975 and entered the regular FEMA -NFIP on March 16, 1981. A new series of
maps has recently been published that show where the flood hazard areas have changed. Since 1994, the
County has only permitted three structures within floodplains. The State made some recommendations
that are part of this ordinance. He said that adopting this amended ordinance would improve the
community insurance rating system. The recommendation is to close the public hearing and adopt the
amended ordinance.
There was no one signed up to speak to this item.
Commissioner Jacobs made reference to page 27 and the list of chemical compounds. He asked if
there were any petroleum products because he thought some plastics were made out of petroleum
products. Craig Benedict said that some products made from petroleum have been converted before they
get to the site. He said that they could elaborate on certain products. Commissioner Jacobs asked to
differentiate between treated wood and wood that can be reused.
Commissioner Jacobs made reference to page 28 and asked if the State requires the County to
allow new construction in flood hazard areas. Craig Benedict said that, according to the State,
development is allowed in the floodplain if there are certain precautions. The County can do an outright
prohibition.
Geof Gledhill said that there is an opportunity for hardships to be dealt with, and he could not think
of a legal problem where the County could not prohibit new construction in flood prone areas.
Commissioner Jacobs asked about the Public Market House, which will be the Farmer's Market, and
said that part of it will encroach on the floodway. This would be in violation to what he just proposed.
Craig Benedict said that there are definitions about livable areas, and this would not be classified as a
livable area.
Commissioner Jacobs said that he would be interested in having the Planning Board make a
recommendation to the County Commissioners.
Commissioner Gordon asked about page five and what is meant by "common usage." Craig
Benedict said that this is a catchall phrase suggested by the State.
Commissioner Gordon would also like a recommendation from the Planning Board.
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to ask the
Planning Board and staff to consider more closely the list of prohibited compounds and consider an
outright ban on new primary construction in flood hazard areas.
VOTE: UNANIMOUS
Chair Carey asked that it be brought back no sooner than September 1 st
John Link asked for clarification on the terms flood prone and floodplain. Craig Benedict said that
they are interchangeable.
Commissioner Gordon said that there is the floodplain, then the flood fringe. Craig Benedict said
that they would work on the definitions.
D. NON - PUBLIC HEARING ITEMS
1. Update on Rural Enterprises Project