HomeMy WebLinkAboutORD-2005-127 - Revisions to the Flood Damage Prevention OrdinanceORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
MEETING AGENDA ITEM ABSTRACT
Meeting Date: September 20, 2005
Action Agenda
Item No. 5_w�
SUBJECT: Revisions to the Flood Damage Prevention Ordinance
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) No
ATTACHMENT (S):
1. Proposed Ordinance Revisions
2. Minutes from the May 23, 2005
Quarterly Public Hearing
3. Minutes from the July 13, 2005 and
August 3, 2005 Planning Board
INFORMATION CONTACT:
Craig N. Benedict, Director, ext 2592
Glenn Bowles, Planner II, ext 2577
TELEPHONE NUMBERS:
Hillsborough 732 -8181
Chapel Hill
Durham
Mebane
968 -4501
688 -7331
336- 227 -2031
PURPOSE: To receive the Administration's recommendation and Planning Board comments
concerning the proposed revisions to the Flood Damage Prevention Ordinance, to close the
public hearing and to make a decision.
BACKGROUND: The form and content of this ordinance is the same as presented to the
Board of Commissioners at their Quarterly Public Hearing (QPH), except for the following items
which were added because of comments at the QPH and from the Planning Board review and
recommendation:
1. Section 42 -91 General Standards 12. is revised to include not only PCBs and delete any
petroleum product, but also add to "Gasoline" "and other petroleum products" and also
list Polychlorinated biphenyls (PCBs), Polynuclear aromatic hydrocarbons (PAHs),
Volatile Organic Compounds (VOCs), and "any priority pollutants listed in Table 1 of
Section 307 of the Clean Water Act (PL 92 -500), as amended.
2. Section 42 -92 Special Standards, Subsection 1 is revised to state, "New Construction
within the SFHA shall be prohibited. Substantial improvement of any existing residential
structure ..." Subsection 2 is revised to state, "New Construction within the SFHA shall
be prohibited. Substantial improvement of any existing commercial, industrial, or other
non- residential structure ..."and similarly in subsection 3.
3. Sec. 42 -32 (b) wording changes,
4. Sec. 42 -33 moved forward and bolded for emphasis,
5. Accessory Building definition — added additional examples,
6. Areas of Shallow Flooding —differentiate between the AO and AH zones,
7. Floodplain definition — provide better differentiation between the various `flood" terns,
8. Post -FIRM / Pre -FIRM wording,
9. Riverine definition refined,
10. Salvage yard definition refined,
11. Substantial damage definition refined,
12. Sec. 42 -40 wording added, and
13. Sec. 42 -68 1. i. Additional wording provided.
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 (F1RMs). 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 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 FIRM 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.
The Federal Emergency Management Agency (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 FEMA's 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, as well as past and present county regulatory history, which could take our
efforts to a higher level or compliance and awareness. The CRS recognizes and encourages
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 NFIP's CRS." In response to the County's 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. The 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.
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.
4
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 the builder provides first floor elevation data.
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.
COMMENTS FROM MAY 2004 QUARTERLY PUBLIC HEARING:
1. On page 27, what are petroleum products? How about plastics which are derived
from petroleum and shouldn't we include PCBs? Should we differentiate between
recycled and treated wood?
Section 42 -91 General Standards 12. is revised to include not only PCBs and delete any
petroleum product, but also add to "Gasoline" "and other petroleum products" and also list
Polychlorinated biphenyls (PCBs), Polynuclear aromatic hydrocarbons (PAHs), Volatile
Organic Compounds (VOCs), and "any priority pollutants listed in Table 1 of Section 307 of
the Clean Water Act (PL 92 -500), as amended.
2. Does the State allow development in the floodplain? Are we precluded from
banning any new construction in the floodplain?
No, Orange County is not precluded from banning new construction in Special Flood Hazard
Areas. Section 42 -92 Special Standards; Subsection 1 is revised to state, "New
Construction within the SFHA shall be prohibited. Substantial improvement of any existing
residential structure ... ". Subsection 2 is revised to state, "New Construction within the
SFHA shall be prohibited. Substantial improvement of any existing commercial, industrial, or
other non - residential structure ... ".
3. How would the New Farmers' Market on County Property in Hillsborough be
affected?
The proposed pavilion is not an enclosed structure. Therefore, it could be built within a
flood - prone area so long as all electrical service and water and sewer facilities are elevated
two feet above the base flood elevation (509' msl).
4. On page 5, what does the term "common usage" -mean?
It is generally accepted legal wording used to say that any term or phase in the ordinance,
which are not defined, would be given their common usage definition in the interpretation of
the regulations.
5. We need to prohibit compounds being stored in the floodplain and place any
outright prohibition of new uses.
See items #1 and #2 above.
6. Is there a difference between the terms "floodplain" and "flood prone ?" Are the
two interchangeable? The terms floodplain, flood fringe, and 100 -year flood
should be given definitions and illustrations for better understanding.
Staff has added a definition for flood fringe and the definitions of floodplain and has
expanded the 100 -year flood definition.
MAY 23, 2005 QUARTERLY PUBLIC HEARING
At the hearing, the BOCC referred the proposed ordinance to the Planning Board for review and
comment. The Planning Staff provided the Planning Board with a copy of the proposed
ordinance at their regular meeting of July 13. At the regular Planning Board meeting of August
3, 2005, the Planning Board reviewed the proposed ordinance, made several suggested
revisions, which Staff has incorporated into the ordinance, and voted unanimously for adoption
with designated changes as follows:
1. Sec. 42 -32 (b) wording changes,
2. Sec. 42 -33 moved forward and bolded for emphasis,
3. Accessory Building definition — added additional examples,
4. Areas of Shallow Flooding — differentiate between the AO and AH zones,
5. Floodplain definition — provide better differentiation between the various "flood" terms,
6. Post -FIRM / Pre -FIRM wording,
7. Riverine definition refined,
8. Salvage yard definition refined,
9. Substantial damage definition refined,
10. Sec. 42-40 wording, and
11. Sec. 42 -68 1. i. Additional wording provided.
FORMAT OF CHANGES TO ORDINANCE
Changes in various other Federal and State documents directly relate to the majority of the
modifications to the Flood Damage Prevention Ordinance. The type of change is indicated on
the document itself, and below is a summary of the intent or source of the modification:
1. Terminology changed from Mood hazard' to flood prone,'
2. Terminology changed from `Local Administrator' to ` Floodplain Administrator' and made
terminology gender - neutral,
3. Language aligned with State and Federal definitions,
4. Language deleted,
5. Language aligned with North Carolina Flood Act of 2000 regulations,
6. Terminology changed from `development permit' to floodplain development permit, and'
7. New FEMA terminology
Staff has added some additional text (as indicated) for clarification and applicability to Orange
County. In addition, Staff has added comments made at the May 23, 2005 Quarterly Public
Hearing.
FLOOD DAMAGE AND STREAM BUFFERS
For the past several years, Orange County has enforced both the Flood Damage Prevention
Ordinance and Section 6.23.7 — Stream Buffers of the Zoning Ordinance. Both regulate
floodplain development, but for new development, the stream buffer standards are more
stringent in that any area within the buffer "must remain undisturbed in its natural state." A
stream buffer "is an area of land adjacent to a stream or FEMA - identified floodplain, which ever
is greater, ..."
In every case, the stream buffer restrictions exceed those of the existing and proposed
floodplain standards regarding new development. This is because the buffer regulations push
back new structure locations at least 65 feet beyond the floodplain boundary.
IMPLEMENTATION
One stipulation in the federal and state floodplain regulations mandates that local governments
use the best available data. Since August 2004, staff has used the new floodplain contour
elevations in the review of new structures in the Neuse Basin and since the spring of 2005 for
the Cape Fear Basin. Staff checks all permits on flood -prone lands for the base flood elevation
and lowest adjacent grade (both to the tenth of a foot). No new proposed structures have been
less than five vertical feet (freeboard) above the base flood elevation.
The new mapping added flood -prone areas in some places and reduced them in others. The
overall effect is that the total flood -prone area has remained essentially the same. However,
the number of residential and commercial structures within the County's floodplains has
decreased from 80 to 30 structures.
The remaining 39 residential and commercial structures, because of the stream buffer
restrictions, are the focus of the revised ordinance. If the structures are substantially damaged
or substantially improved, then they will have to meet the new, higher flood damage prevention
standards. To date, none of the remaining structures has applied for building permits. Unless
they need a permit, the ordinance will not affect them.
FINANCIAL IMPACT: Additional departmental staff time will be required to properly administer
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, the Library system,
Public Works, Environmental and Resource Conservation, and Parks and Recreation.
RECOMMENDATIONS: The Administration recommends that the Board adopt the
amended flood damage prevention ordinance.
The Planning Staff recommends that the Board adopt the amended flood damage prevention
ordinance.
09/15/2005
A RESOLUTION AND ORDINANCE TO PROVIDE FOR
FLOOD DAMAGE PREVENTION IN ORANGE COUNTY
Bold Italics =Planning Board Suggestions
=Federal & State Modification (see page 5 "Format of Changes to Ordinance" of abstract)
WHEREAS, the National Flood Insurance Program incorporated at 42 U.S.C. 4001 -4128 authorizes the
establishment of floodplain management regulations applicable to flood -prone areas in Orange County;
and,
WHEREAS, the State of North Carolina Division of Emergency Management has update regulations
regarding development and activities within flood -prone areas; and,
WHEREAS, it is the declared policy of Orange County to promote sound land development regulations
within the flood -prone areas of Orange County, which promotes the health, welfare, and quality of the
lives of the residents of this community and such controls are essential to the economy and quality of
life of the community.
NOW THEREFORE, pursuant to the authority provided in N.C. General Statute § 153A -121,
§ 153A -123 and § 153A -133, the Board of Commissioners of Orange County hereby resolves and
ordains as follows:
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. Clarification
Change a) The flood prone areas within the jurisdiction of Orange County are subject to periodic
from inundation, which results in loss of life, property, health and safety hazards, disruption of
flood commerce and governmental services, extraordinary public expenditures of flood protection
hazard to and relief, and impairment of the tax base, all of which adversely affect the public health,
flood safety, and general welfare.
prone (1)
b) These flood losses are caused by the cumulative effect of obstructions in floodplains causing
increases in flood heights and velocities, and by the occupancy in flood prone areas by uses (1)
vulnerable to floods or is a hazard to other lands, because the areas are inadequately
elevated, flood proofed, or otherwise unprotected from flood damages. (Ord. of 8 -28 -1995, § 1.1, eff. 8 -28 -1995) sm-
09/15/2005 `8
Sec. 42 -33. 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. 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)
Sec. 42 -34 Statement of purpose.
It is the purpose of this Ordinance to promote public health, safety, and general welfare and to
minimize public and private losses due to flood conditions within flood prone areas by provisions (1)
designed to: C
a. Restrict or prohibit uses, which are dangerous to health, safety, and property due to water or
erosion hazards, or which result in damaging increases in erosion, flood heights or velocities;
b. Require that uses vulnerable to floods, including facilities, which serve such uses, be
protected against flood damage at the time of initial construction;
c. Control the alteration of natural floodplains, stream channels, and natural protective barriers,
which are involved in the accommodation 'of flood waters;
d. Control filling, grading, dredging, and all other development, which may increase erosion or
flood damage; and
e. Prevent or regulate the construction of flood barriers, which will unnaturally divert
floodwaters or which may increase flood hazards to other lands.
(Ord. of 8 -28 -1995, § 1.1, eff. 8 -28 -1995)
See. 42 -35 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;
09/15/2005 9
Needed e. Minimize damage to public facilities and utilities such as water and gas mains, electric,
to be telephone, cable and other communication facilities, and sewer lines, streets, and bridges
included. located in flood prone areas; (1)
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
New
termin- g. Ensure that potential homebuyers are notified that property is in a Special Flood Hazard
ology Area.
(Ord. of 8 -28 -1995, § 1.1, eff. 8 -28 -1995)
See. 42-36. Definitions.
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.
building or structure, including adding new plumbing, electrical, or HVAC systems.
Appeal means a request from a review of the Floodplain )kdmiaistmter2s Wer-pr-etatien of any-
provision of this Ordinance by the Board of Adjustment. Change from local Administrator
to Floodplain Administrator (2)
Area of shallow flooding means a designated AO Zone (floo zone resu tang rom sheetflow
run off, ponding, or shallow flooding with base flood depths provided) or AH Zone (areas of shallow
flooding base floodplain with BFEs provided) 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 (3)
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, see "Special Flood Hazard Area (SFHA)
Base flood means the flood having a one (1 %) 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.
(3)
Basement means any area of the building having its floor sub grade (below ground level) on all
sides.
09/15/2005 lb
Building, see "Structure".
Chemical storage facility means a building, portion of a building, or exterior area adjacent to a
building used for the storage of any chemical or chemically reactive products.
(3)
Development means any constructed change to improved or unimproved real estate, including, but
not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations, or storage of equipment or materials.
Removed old terms no
Disposal defined as in NCGS 130A- 290(a)(6). longer used.
Elevated Building means a non - basement building, which has its reference level raised above
ground level by foundation walls, shear walls, posts, piers, pilings, or columns with openings sufficient
to facilitate automatic equalization of hydrostatic flood forces on exterior walls by allowing entry and
exit offloodwaters and the unimpeded movement offloodwaters.
(3) 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.
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 (FBFM) means an official map of Orange County, issued by
FEMA, on which FEMA has delineated the Special Flood Hazard Areas and the floodways. This (3)
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.
Flood Insurance means the insurance coverage provided under the National Flood Insurance
Program (NFIP).
Flood insurance rate map (FIRAV means an official, adopted Orange County map, issued by the
FEM4, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the
county are delineated.
09/15/2005 11
Flood Insurance Study (FIS) means an examination, evaluation, and determination of flood
hazard areas, corresponding water surface elevations (if appropriate), flood insurance risk zones, and (3)
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. All floodplains are flood prone. For flood insurance purposes, the flood prone
portions of the landscape (floodplains) are placed in Special Flood Hazard Areas (See Flood Hazard
Area) defined by a Base Flood Elevation (See Base Flood ived from
hydrologic and hydraulic studies.
Floodplain Administrator is the individual appointed by the County Manager to administer and
enforce the floodplain management regulations.
(3) 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, including 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 any combination thereof, which provide standards for preventing and reducing
flood loss and damage.
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 geographical area shown on a FHBM or FIRM that reflects the severity or
type of flooding in the area
(3)
Floor (see "Lowest Floor').
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 in close proximity to water, such as a docking, or port facility necessary for the
loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include
long -term storage, manufacture, sales, or service facilities.
09115/2005 12
(3) Hazardous Waste Management 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 means the highest natural elevation of the ground surface, before
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 Interior in
states without approved programs.
Lowest adjacent grade (LAG) means the elevation of the ground, sidewalk, patio slab, or deck (3)
support immediately next to the building after completion of the building. For Zone A and AO, it is the
natural grade elevation before construction.
Lowest floor means the sub floor, top of slab or grade of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access, or limited storage in an area other than a basement area is not considered a building's lowest
floor provided that such an enclosure is not built so as to render the structure in violation of the
applicable non - elevation design requirements of this Ordinance.
Manufactured home 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 constructed 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
(3) and seller), as established by what the local real estate market will bear. An independent certified
appraisal can establish a market value using; replacement cost depreciated by age of building (Actual
Cash Value) or adjusted assessed values.
Change from NGVD (1929) to NAVD (1988)
Mean sea level means, for purposes of the NFIP; the Nat onW Geode-9c Vee!VeM Daturn
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.
09/15/2005 13
New construction (See post -FIRM.
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
i3) 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.
Post -FIRM means construction or other development, for which the "start of construction"
commenced on or after March 16, 1981= and includes any subsequent improvements to such
structures
Pre -FIRM means construction or other development, for which the "start of construction" commenced
before March 16, 1981, and includes any subsequent improvements to such structures.
Public safety and/or nuisance means anything, which is injurious to the safety or health of an
entire Orange County or neighborhood, or any considerable number of persons, or unlawfully obstructs
the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or
basin.
Recreational vehicle (RP) 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
regulatoryflood protection elevation to determine regulatory compliance. For structures within Special
Flood Hazard Areas designated as Zone AI 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 (2 ) feet of freeboard. In areas
where no BFE has been established, all structures and other development must be elevated or flood
proofed, if non- residential, to two (2) feet above the highest adjacent grade.
Remedy a violation means to bring the structure or other development into compliance with State
and Orange County laws and regulations.
09/15/2005 14
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.
(3) 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 year as determined in Section 3.2 of this Ordinance.
Start of Construction includes substantial improvement, and means the date the building permit
was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition
placement, or other improvement was within 180 days of the permit date. The actual start means either
the first placement of permanent construction of a structure (including a manufactured home) on a site,
such as the pouring of slabs or footings, installation of piles, construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading, and filling; nor does it include
the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers,
or foundations or the erection of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the
external dimensions of the building.
Structure means, a walled and roofed building, a manufactured home, or a gas or liquid storage
tank, that are principally above ground.
(3)
09/15/2005 15
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.
Variance is a grant of relief from the requirements of this Ordinance by the Board of Adjustment.
Violation means the failure of a structure or other development to be fully compliant with these
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.
(3)
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 -37. Lands to which this Ordinance Applies.
This Ordinance shall apply to all SFHAs within the jurisdiction of Orange County, including
Extra- Territorial Jurisdictions (ET.9, if applicable, and within the jurisdiction of any other Orange
County whose governing body agrees, by resolution, to such applicability.
Wording now in
(Ord. of 8 -28- 1995, § 3.1, eff. 8 -28 -1995) line with N.C.
Flood Act of
Sec. 42 -38. Basis for establishing the Special Flood Hazard Areas_ 2000 (5)
The 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 Flood Insurance Study
(FIS) and its accompanying flood maps such as the FIRM(s) and/or the FBFM(s), for Orange County
dated March 16, 1981, which with accompanying supporting data, and any future map update or
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 (5)
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 (11112) of this Ordinance;
09/15/2005 16
2. Preliminary FIRMS where more stringent than the effective FIRM,- or
3.. Post - disaster Flood Recovery Maps, if available.
(Ord. of 8 -28 -1995, § 3.2, eff. 8 -28 -1995)
See. 42-39. Compliance
No structure or land shall hereafter be located, extended,- converted, altered, or developed,
improved, or maintained in any way without full compliance with the terms of this Ordinance and other
applicable regulations.
(Ord. of 8 -28 -1995, § 3.4, eff. 8 -28 -1995)
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 -42. Penalties for violation. In line with other county penalties
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 or imprisoned for not more than twenty (20) 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.
09/15/2005 17
Division 2. ADMINISTRATION.*
*Cross references: Administration, ch.2.
Sec. 42 -66. Designation of Floodplain Administrator. (4)
The Zoning Officer of Orange County 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. Change from development permit
(Ord. of 8 -28 -1995, § 3.3, eff. 8 -28 -1995) to a floodplain development
permit (5)
Sec. 42 -68. Floodplain development permit and certification requirements.
1. Plans and Application requirements. Application for a Floodplain development permit
shall be made to the Floodplain Administrator on forms furnished by the County prior to any
development activities proposed to be located within flood prone areas. The following
items /information shall be presented to the Floodplain Administrator to apply for a
Floodplain development permit.
(5) 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:
More
specificity as
per NC
Flood Act of
2000
L 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 zones) 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;
09/15/2005 is
v. The Base Flood Elevation (BFE) where provided as set forth in Section 42 -37;
Section 42 -69 (11112); or Section 42 -91;
vi. The old and new location of any watercourse that will be altered or relocated as a
result ofproposed 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 them.
b) Proposed elevation, and method thereof, of all development within a SFHA including but
not limited to:
Wording from i. Elevation in relation to mean sea level of the proposed reference level (including
state ordinance basement) of all structures;
template
ii. Elevation in relation to mean sea level to which any non - residential structure in Zone
AE, A, or AO will be flood proofed;
More
specificity as
per NC
Flood Act of
2000
iii. Elevation in relation to mean sea level to which any proposed utility systems will be
elevated or flood proofed;
c) If flood proofing, a flood proofing certificate and back -up plans from a registered
professional engineer or architect certifying that the non - residential flood proofed
development will meet the flood - proofing criteria in Section 42 -(2) and 42 -94.
d) A Foundation Plan drawn to scale, which shall include details of the proposed
foundation system to ensure all provisions of this Ordinance are met. These details
include but are not limited to:
Proposed method of elevation, if applicable (i. e., fill, solid foundation perimeter wall,
solid backfilled foundation, open foundation on columns, posts, piers, piles, or shear
wall);
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;
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.)
More
specificity as
per NC
Flood Act of
2000
09/15/2005 19
h. If the Floodplain Administrator issues a floodplain development permit for placement of
recreational vehicles and/or temporary structures, documentation to ensure compliance
with Section 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
project on the flood- carrying capacity of the watercourse and the effects to properties
located adjacent both upstream and downstream; and a map, drawn to scale, (f 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 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 jloodway or non - encroachment
area of any watercourse, if applicable.
g. Yin an A, AO, AE or AI-3 O zone, specify the minimum foundation opening requirements
h. State limitations of below BFE enclosure uses (if applicable) such as, parking, building
access and limited storage only).
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 beat 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
09/15/2005 20
permitted to proceed. Failure to submit the certification or failure to make required
corrections shall be cause to issue a stop -work order for the project.
b. A Final As -Built Elevation Certificate (FEMA Form 81 -31) is required after construction
is completed and prior to Certificate of Compliance /Occupancy issuance. It shall be the
duty of the permit holder to submit to the Floodplain Administrator a certification offrnal
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 project on
the flood- carrying capacity of the watercourse and the effects to properties located both
upstream and downstream; and a map, drawn to scale, showing the location of the
proposed watercourse alteration or relocation shall all be submitted by the permit
applicant prior to issuance of a floodplain development permit.
e. Certification Exemptions. The following structures, if located within Zone A, AO, AE or
AI -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)
See. 42 -69. Duties and responsibilities of the floodplain administrator. (2)
Duties of the Floodplain Administrator shall include, but not be limited to:
(6)� 1. Review all floodplain development applications and issue permits for all proposed
(1) development within flood prone areas to ensure that the requirements of this Ordinance have
been satisfied.
More specificity needed /15/2005 21
2. Advise permittee that additional Federal or State permits (i. e., Wetlands, Erosion and
Sedimentation Control, Riparian Buffers, Mining, etc.) may be required, and if specific
Federal or State permits are known, require that copies of such permits be provided and
maintained on file with the floodplain development permit.
3. Notify adjacent communities and the North Carolina Department of Crime Control and
Public Safety, Division of Emergency Management, State Coordinator for the NFIP prior to
any alteration or relocation of a watercourse, and submit evidence of such notification to
FEMA.
4. Ensure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood - carrying capacity is not diminished.
5. Prevent encroachments within floodways and non - encroachment areas unless the
certification and flood hazard reduction provisions comply with Section 42 -93.
New
FEMA 6. Obtain actual elevation (in relation to mean sea level) of the reference level (including
terms (7) 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).
(5) 8. Obtain actual elevation (in relation to mean sea level) of all public utilities, according to
Section 42- 68(3).
9. When flood proofing is utilized for a particular structure, obtain certifications from a North
Carolina licensed Professional Engineer or Architect according to Section 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 data have not been provided according to section 42 -37, obtain, review, and
reasonably utilize any BFE data, along with floodway data andlor non - encroachment area (7)
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.
09/15/2005 22
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 (2
floodplain development permit file will maintain a copy of the LOMA issued from FEMA.
14. Permanently maintain all records pertaining to the administration of this Ordinance and make
these records available for public inspection during normal business hours.
15. Make on -site inspections of work in progress. As the work pursuant to a floodplain
development permit progresses, the Floodplain Administrator shall make as many
inspections of the work as may be necessary to ensure that the work is being done according
to the provisions of the local ordinance and the terms of the permit. In exercising this power,
the Floodplain Administrator has a right, upon presentation of proper credentials, to enter
on any premises within the jurisdiction of the Orange County at any reasonable hour for the
purposes of inspection or other enforcement action.
(5) 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,
including any revisions thereto including LOMRs, issued by State and/or FEMA.
I& 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 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 offloodplain development permits, as required. The Floodplain Administrator
may revoke and require the return of the foodplain development permit by notifying the
permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked
for any substantial departure from the approved application, plans, or specifications; for
refusal or failure to comply with the requirements of State or local laws; or for false
statements or misrepresentations made in securing the permit. Any floodplain development
permit mistakenly issued in violation of an applicable State or local law may also be revoked
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 ofproper credentials, to enter on any premises within
the territorial jurisdiction of the department at any reasonable hour for the purposes of
inspection or other enforcement action.
22. Follow through with corrective procedures of Section 42 -70.
(5) 23. Coordinate Letters of Map Amendments or Revisions and FIS /FIRM revisions with other
County departments, State offorth Carolina, and FEMA.
09/15/2005 23
24. Determine whether a building is substantially damaged or constitutes a repetitive loss, as
defined in this Ordinance.
(Ord. of 8 -28- 1995, § 4.2, eff. 8 -28 -1995)
Sec. 42 -70. Corrective procedures. (2) Gender Neutral
1. Violations to be Corrected. When the 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 singular property.
(21 CTender Neutral
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 the owner
written notice, by certified or registered mail to the owner's last known address or by
personal service, stating that:
a. The building or property is in violation rdinance;
(2) ciender Neutral
b. A hearing will be held before the Roo p ain Administrator at a designated place and
time, not later than ten (10) business days before 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
(21
c. Following the hearing, the Floodplain A strator 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
(2) the owner to remedy the violation within a specified time period, not less than sixty (60)
days. Where the Floodplain Administrator finds that there is imminent danger to life or other
property, he or she may order that corrective action be taken in such lesser period as may be
feasible.
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 (2)
Administrator and the clerk within ten (10) business days following issuance of the final
order. In the absence of an appeal, the order of the floodplain administrator shall be final.
The Board of Adjustment shall hear an appeal within a reasonable time and may affirm,
modify and affirm, or revoke the order.
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
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) Gender Neutral In line with
County penalties
09/15/2005 24
Sec. 42 -71. Variance procedures.
1. The Board of Adjustment as established by Orange County Zoning Ordinance shall hear and
decide requests for variances from the requirements of this Ordinance.
2. Any person aggrieved by the decision of the Board of Adjustment 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 Board of Adjustment 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;
Specific h. The relationship of the proposed use to the Land Use Element of the Orange County
citation Comprehensive Plan and floodplain management program for that area;
i. 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;
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
�5) 1. The request for a variance is not after - the -fact or for a situation of one's own making.
09/15/2005 25
5. The appealing party shall submit a written report addressing each of the above factors
(5) submitted with the application for a variance.
6. Upon consideration of the factors listed above and the purposes of this Ordinance, the Board
of Adjustment 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 subject property are unique to the subject 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.
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
�5) 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.
09/15/2005 26
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
(5) 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 SFHAs the following provisions are required:
1. All substantial improvements shall be anchored to prevent flotation, collapse, or lateral
movement of the structure.
2. All substantial improvements shall be constructed with materials and utility equipment
resistant to flood damage.
I All 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 to prevent water from entering or accumulating
within the components during conditions of flooding. These include but are not limited to
(5) 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 replacement water supply systems shall be designed to minimize or eliminate infiltration
of floodwaters into the system.
6: 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.
(5)
09/15/2005 27
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, non - encroachment
area, or stream setback, provided that the bulk of the building or structure below the
regulatory flood protection elevation in the floodway, non - encroachment area, or stream
setback is not increased and provided that such repair, reconstruction, or replacement meets
all of the other requirements of this Ordinance.
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,
n)
Potassium,
b)
Ammonia,
o)
Sodium,
c)
Benzene,
p)
Sulfur,
d)
Calcium carbide,
q)
Acetylene gas,
e)
Carbon disulfide,
r)
Gasoline and any petroleum
f)
Celluloid,
product,
g)
Chlorine,
s)
Treated lumber,
h)
Hydrochloric acid,
t)
Charcoal or coal dust
i)
Prussic acid,
u)
Polychlorinated biphenyls
j)
Magnesium,
(PCBs),
k)
Nitric acid,
v)
Polynuclear aromatic
1)
Oxides of nitrogen,
hydrocarbons (PAHs),
m)
Phosphorus,
w)
Volatile organic compounds (VOCs).
�'
x)
Or any priority pollutants listed in Table 1 of Section 307
of the
Clean Water Act (P. L. 92 -500), as amended.
13. The storage of the following materials shall be prohibited within SFHAs:
a. Lumber (both recycled and new),
b. Construction debris,
c. Scrap metal, and
d. Junked or derelict vehicles,
14. Hospitals, nursing homes, foster care facilities, sheriff's facilities, fire stations, emergency
operations centers, and vehicle and equipment storage facilities shall not be permitted in
SFHAs.
09/15/2005
15. Any inhabited structure within any SFHA shall have unobstructed, dry access during a
regulatory flood event.
16 New fill material within any SFHA shall be prohibited.
(Ord. of 8 -28 -1995, § 5.1, eff. 8 -28 -1995)
Sec. 42 -92. Specific standards.
28
In all SFHAs where BFE data has been provided, as set forth in Section 42 -37 or 42 -69, the
following provisions are required:
Residential Construction. No new residential construction is allowed. Substantial
improvement of any residential structure (including manufactured homes) shall have the
reference level, including basement, elevated no lower than two feet above the regulatory
flood protection elevation. Should solid foundation perimeter walls be used to elevate a
structure, opening sufficient to automatically facilitate equalization of hydrostatic flood
forces on exterior walls shall be provided. County option to exceed minimum standard
Non - Residential Construction. No new non -resi entia construction is allowed u stantial
improvement of any commercial, industrial, or other non - residential structure shall have the
reference level, including basement, elevated no lower than two feet above 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. No new manufactured homes are permitted. Replacement manufactured homes shall be
elevated so that the reference level of the manufactured home is no lower than two feet
above the regulatory flood protection elevation.
b. Manufactured homes shall be securely anchored to an adequately anchored foundation to
resist flotation, collapse, or lateral movement according to the State of North Carolina (5)
Regulations for ManufacturedlMobile Homes, 1995 Edition, and any revision thereto
adopted by the Commissioner of Insurance pursuant to NCGS X143- 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.
09/15/2005 29
c. All foundation enclosures or skirting shall be according to Section 42 -52.
d. An evacuation plan must be developed for evacuation of all residents of all new,
substantially improved or substantially damaged manufactured home parks or
subdivisions located within flood prone areas. This plan shall be filed with and approved
by the Floodplain Administrator and the local Emergency Management coordinator.
4. Public roads, private roads and driveways. Any public road, private road, or driveway
crossing a Special Flood Hazard Area shall require a `No- Impact' certification approval
from the North Carolina Emergency Management Division before any building permits for
new construction can be issued, which derive their vehicular access from such public roads,
private roads, or driveways. If the "No- Rise" certification data demonstrate that the Base
Flood Elevation will rise more than one vertical foot, then the developer shall file a
Conditional Letter of Map Revision with the North Carolina Division of Emergency
Management for review and approval. Before any building permit can be issued for the
improvements associated with the stream crossing, an approved Letter of Map Revision shall
be on file in the Planning and Inspections Department.
5. Recreational Vehicles. Recreation vehicles placed on sites within a SFHA shall either:
a. Be on site for fewer than 180 consecutive days and be fully licensed and ready for
highway use (a recreational vehicle is ready for highway use if it is on its wheels or
jacking system, is attached to the site only by quick disconnect type utilities, and has no
permanently attached additions); or
(5) 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.
6. Elevated Buildings. New construction or substantial improvements of elevated buildings that
include fully enclosed areas that are below the regulatory flood protection elevation shall not
be designed to be used for human habitation, but shall be designated to be used only for
parking of vehicles, building access, or limited storage of maintenance equipment used in
connection with the premises, be constructed entirely of flood resistant materials below the
regulatory flood protection level in A, AO, and AE, zones and meet the following design
criteria:
a. Measures for complying with this requirement shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of
floodwaters. To meet this requirement, the foundation must either be certified by a North
Carolina licensed Professional Engineer or Architect or meet the following minimum
design criteria:
i. Provide a minimum of two openings on different sides of each enclosed area subject
to flooding;
09/15/2005 30
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;
(5)
iv. The bottom of all required openings shall be no higher than one (])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 offlexible 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. (�
7. Temporary structures. Prior to the issuance of a floodp ain evelopment permit for a
temporary structure, the following requirements shall be met:
a. Applicants shall submit to the Flo �WAdministrator a plan for the removal of such
structure(s) in the event of a hurricane or flash flood warning notification. The plan shall
include the following information:
i. A specified time period for which the temporary use will be permitted;
ii. The name, address, and phone number of the individual responsible for the removal
of the temporary structure;
iii. The time frame prior to the event at which a structure will be removed (i.e., minimum
of 72 hours before landfall of a hurricane or immediately upon flood warning
notification);
iv. A copy of the contract or other suitable instrument with a trucking company to ensure
the availability of removal equipment when needed; and
v. Designation, accompanied by documentation, of a location outside the SFHA to
which the temporary structure will be moved.
(41
09/15/2005 31
b. The above information shall be submitted in writing to the Floodplain Administrator for
review and written approval.
8. Accessory Structures. When accessory structures (sheds, detached garages, etc.) are to be
placed within a SFHA, the following criteria shall be met:
a. Accessory structures shall not be used for human habitation (including work, sleeping,
living, cooking or restroom areas);
b. Accessory structures shall be designed to have low flood damage potential;
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;
f. Openings to relieve hydrostatic pressure during a flood shall be provided conforming to
subsection (5) of this section;
g. An accessory structure with any dimension that is twelve feet or less in height, width, or
depth does not require an elevation or flood proofing certificate. Elevation or flood
(5) 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.
9. Additions/Improvements.
a. Additions and/or improvements to pre -FIRM structures whereas the addition and/or
improvements in combination with any interior modifications to the existing structure
are:
i. Not a substantial improvement as defined and does not require a zoning or building
a(5) permit, the addition and/or improvements shall be designed to minimize flood
damages and shall not be any more non - conforming than the existing structure.
ii. A substantial improvement as defined requiring a zoning or building permit, both the
existing structure and the addition and/or improvements shall comply with the
standards for new construction.
b. Additions to post -FIRM structures with no modifications to the existing structure shall
require only the addition to comply with the standards for new construction.
09/15/2005 32
c. Additions and/or improvements to post -FIRM structures whereas the addition and/or
improvements in combination with any interior modifications to the existing structure
are:
i. Not a substantial improvement, the addition and/or improvements only must comply
with the standards for new construction; and,
ii. A substantial improvement, both the existing structure and the addition and/or
improvements must comply with the standards for new construction.
(5) 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 floodplains without established base flow elevations
(Approximate Zone A).
Within the SFHAs established in Section 42 -37 are where no base flood data has been
provided the following provisions shall apply:
1. No encroachments, including fill, new construction, substantial improvements or new
development shall be permitted within a distance of fifty (50) feet each side from top of bank
or five times the width of the stream whichever is greater, unless certification with
(5) supporting technical data by a North Carolina licensed Professional Engineer is provided
demonstrating that such encroachments shall not result in any increase in flood levels during
the occurrence of the base flood discharge.
2. If Section 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)
Sec. 42 -94. Subdivisions, manufactured home parks, and major developments.
All subdivisions, manufactured home parks, and major development proposals located within
SFFIAs shall:
1. Be consistent with the need to minimize flood damage.
09/15/2005 33
2. Have public utilities and facilities such as sewer, gas, electric, cable, and water systems
located and constructed to minimize flood damage.
3. Have adequate drainage provided to reduce exposure to flood hazards
4. Have BFE data provided if development exceeds either of 50 lots /units or of 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.
(5)
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 offloodwaters that have erosion potential and carry debris and potential
projectiles. The followingprovisions shall apply to all development within such areas:
1. No encroachments, including fill, new construction, substantial improvements and other
(5) 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 during the occurrence of
the base flood. Such certification and technical data shall be presented to the Floodplain
Administrator before issuance of floodplain development permit.
2. If the requirements of Section 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) is met.
Sec. 42 -94c. Standards for Floodplains without Established Base Flood Elevations.
09/15/2005 34
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
(5) 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). When BFE
data are not available from a federal, state, or other source, the reference level, including
basement, shall be elevated at least two (2') feet above the HAG.
Sec. 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:
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 regulatory flood protection elevation as
defined for the SHMs, 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
watertight with walls substantially impermeable to the passage of water and with structural
components having the 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 floodplain development permits.
Nothing herein contained shall require any change in the plans, construction, size, or
designated use of any development or any part thereoffor which a floodplain development permit has
been granted by the Floodplain Administrator or his /her authorized agents before the time of passage o (5)
this Ordinance; provided, however, that when construction is not begun under such outstanding permit
within a period of six (6) months subsequent to passage of this Ordinance or any revision thereto,
construction or use shall be in conformity with the provisions of this Ordinance.
09/15/2005 35
(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 , 2005.
WITNESS my hand and the official seal of, this the day of , 2005.
Seal:
Clerk to BOCC
36
APPROVED 8 16 2005
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
AND
ORANGE COUNTY PLANNING BOARD
QUARTERLY PUBLIC HEARING
May 23, 2005
7:30 pm
The Orange County Board of Commissioners and the Orange County Planning Board met for a
Quarterly Public Hearing on Monday, May 23, 2005 at 7:30 p.m. in the F. Gordon Battle
Courtroom in Hillsborough, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Barry Jacobs, Valerie
Foushee, Alice M. Gordon, and Stephen H. Halkiotis
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEY PRESENT: Geoff Gledhill
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., and Deputy Clerk to the
Board David Hunt (All other staff members will be identified appropriately below)
PLANNING BOARD MEMBERS PRESENT: Chair Jay Bryan and Members Noah
Ranells, Sandra Quinn, Brian Dobyns, and Renee Price
PLANNING BOARD MEMBERS ABSENT: Ted Triebel, Craufurd Goodwin, Sam Lasris,
Hunter Schofield, Nicole Graysmith, Jeffrey Schmitt, and Timothy Webb
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE
A. OPENING REMARKS FROM THE CHAIR
B. PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
Chair Carey called the meeting to order and recognized Chair of the Orange County
Planning Board Jay Bryan.
C. PUBLIC HEARING ITEM
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.
37
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 w
Chair Carey asked that it be brought back no sooner than September 1St
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.
38
MINUTES
ORANGE COUNTY PLANNING BOARD
JULY 13, 2005
REGULAR MEETING
AGENDA ITEM #10: FLOODPLAIN MODEL ORDINANCE (INFORMATIONAL ITEM
Staff will provide an introduction to the proposed ordinance. The
Planning Board will discuss the proposed ordinance in detail at the
August 3 meeting.
Presentor: Glenn Bowles, Planner II
Glenn Bowles: There was a Public Hearing last month at which the Board of County
Commissioners requested that the Planning Board review the revised ordinance and make
recommendations. The floodplain ordinance has not been revised since 1995. In the last 2 years,
there has been a concerted effort on the part of the State to map and remap the floodplain areas in
the State, with most of the remapping related to the coastal areas. In 2004, there was focus on the
Neuse. Last month we had a public meeting where we focused on the Cape Fear Basin. We are
also trying to get involved in the CRS program to lower insurance premiums. Included in your
agenda packet is a mocked -up Ordinance which shows the old verbiage versus the new verbiage,
as well as a list of flood -prone properties. The attached handout shows that the land surface in
the County has dipped about eight tenths of a foot since 1981 -2004. Some of it was associated
with global warming but most of the changes were due to updated technology. As you can see,
only a minimal number of properties are affected by the change. We will discuss the actual
changes at the next meeting.
Jay Bryan: Is there a way to highlight what is happening in layperson's language and what the
effects of the regulatory actions are?
Glenn Bowles: We can insert notes in the margin. The changes primarily bring references up to
date.
Jay Bryan: Is this a minimal set of standards that are based on the state standards?
Glenn Bowles: Basically with a few exceptions.
Jay Bryan: It would be helpful if you could highlight the policies and changes.
Ted Triebel: Are we voting on this proposal next month? When can we expect the annotated
copy?
Craig Benedict: We can include annotations in the next packet. There won't be a vote.
Craufurd Goodwin: I just got a letter from my insurance company suggesting I purchase flood
insurance. Is that the most dangerous hazard we face?
Glenn Bowles: At a recent training session I attended, we learned that the chances of your house
burning down are five times greater than it being flooded. Everyone has fire insurance. There
are 3,200 properties in the County that have flood plains on them, and all but 85 have no
structures specifically in the flood plain. Flooding issues are different across the State; 95% of
the problems are in the coastal areas.
39
Hunter Schofield: Could you elaborate on the statement "building retrofit required ".
Glenn Bowles: For those houses in the floodplain areas, if improvements to existing structures
are desired, they have to be brought up it to standard. It depends on the type of improvement. If
the improvement is grater than 50% of the market value of the house, or the house is destroyed,
the homeowners have to bring the structure up to standards, which is generally increasing the
elevation.
40
NIINUTES
ORANGE COUNTY PLANNING BOARD
AUGUST 3, 2005
REGULAR MEETING
AGENDA ITEM #7: FLOODPLAIN MODEL ORDINANCE
(Discussion and Recommendation Item)
Staff will make a presentation regarding the proposed ordinance, and
request comments and recommendation to the BOCC for approval
Presenter: Glenn Bowles, Planner II
Glenn Bowles: Hurricane Floyd spurred changes in many of the floodplain ordinances across the
State. North Carolina was one of the first states that had authority from FEMA to map
floodplains and come up with model floodplain ordinances that go over and above the basic
FEMA regulations. Last May there were new floodplain maps presented for the Neuse. There
was also a public meeting regarding the Cape Fear Basin in June, which was a joint affair with
the Town of Carrboro and Chapel Hill. While it may be an understatement to say that flooding in
the County is not as large of an issue than it is in other places. That doesn't mean it isn't an issue.
The State of North Carolina provided a model ordinance for non - coastal communities. The state
passed a state flood law in 2000, and now they are asking the communities to pass local
ordinances. I am now a Certified Floodplain Manager for the County. We mailed letters to
individual households in the County whose homes were previously in the floodplain and now are
out of the floodplain to inform them they may need to contact their insurance company to modify
their policy, if desired. We also sent letters to the homes that were not previously in a floodplain,
but are now. The old floodplain mapping showed about 80 houses in the floodplain, which is
now down to 39. The maps were generally inaccurate, but the elevations which those floodplains
were derived from were fairly accurate. There were approximately 25 houses that were built after
the original floodplain regulations were passed, and now each one of those houses were not in the
floodplain if based solely on the elevation at the ground. We are also looking at the Consumer
Rating System to reduce flood premiums for those people who have flood insurance.
Renee Price- Saunders: Some of the wording is confusing; maybe we could use `pre -FIRM' or
`pre -FEMA' instead of `existing'. There were several typos. When you mention the `flood
zone', please indicate what they are and what they mean. A couple of areas where there is floor
area, you may want to put `livable floor area' to be more specific. On the section on chemicals, it
states the storage of any chemical - you can look under the kitchen sink to find chemicals.
Glenn Bowles: We don't have that many houses in the affected area that could have that
problem. We may want to suggest that people store their domestic chemicals in another place if
your house is susceptible to flooding.
Craufurd Goodwin: This is great work. History reinforces the flood plain areas, but we haven't
had a tremendous storm. Could people be notified that they are not guaranteed to not experience
flooding? Reference should not exclude those houses in flood plain may still flood.
Jeff Schmidt: Fran was a major storm.
Jay Bryan: There is a reference made to that type of exclusion.
Glenn Bowles: We can try to emphasize that point.
41
Brian Dobyns: At the last meeting, I asked about the wording generated by the County versus
generated by Federal and State statutes. The only • place I could find was Section 42 -92 in the
specific standards.
Glenn Bowles: In #21 and #22, the suggestion of the Board was they wanted to prohibit
development with this ordinance. There were 3 places to do that; residential, non - residential
construction and manufactured homes.
Brian Dobyns: That is a change as well.
Glenn Bowles: At the Public Hearing we listed many excluded chemicals, and when we do that a
problem arises. When you list 25 chemicals, you will always miss the 26h chemical. On number
12 `x' it states it is also listed in the Clean Water Act which is constantly being amended. If it is
on that list, you can't store it. If someone were storing that type of material outside the house, we
would have something to say about that.
Brian Dobyns: On freeboard for residential construction, it is shown as 2 feet above the
regulatory flood protection elevation. Is that is County too?
Glenn Bowles: The Federal model suggests is no free board. You get points; your flood
premium goes down dramatically, and if we get the CRS program, we will get additional points,
by adopting a 2 -foot freeboard standard.
Brian Dobyns: Does that add to construction cost?
Glenn Bowles: It would if that were the only regulation dealing with streams. Our current
regulations basically incorporate this level of freeboard.
Brian Dobyns: This is above and beyond our buffer regulations. Even if you have 2 feet of free
board, because of our buffer requirements, most likely that you will not be impacted anyway.
Glenn Bowles: Yes. We won't describe it that way, because we will deal with buffer regulations.
Before the Board wanted no development in the floodplain at all; we were really just enforcing
stream buffer regulations. The freeboard standard would only deal with the existing houses and
construction.
Brian Dobyns: These 37 homes will now have to go back either be increased in height or be
grandfathered?
Glenn Bowles: If they want a building permit to substantially change the house. If the upgrade
were more than 50% of the value of the house, then they would have to bring it up to code.
Brian Dobyns: Does that mean actually raising the floor level?
Glenn Bowles: It could, but it is not the only solution. Even with the houses in the floodplain,
the first floor elevation is at least at or above it. We may be dealing with things we may not be
able to do anything except raise it. If they have flood insurance, there is an increased cost and
compliance' clause, that you can use money from your insurance carrier to lift it up or move it,
but that would be the last alternative.
Brian Dobyns: How many homes will be applicable?
42
Glenn Bowles: I haven't looked at the ones in the floodplain. There may be a few. With the
exception of Heritage Hills in Chapel Hill that was built in the 70's, people have been good about
not building in the floodplain.
Brian Dobyns: Is there a way that those people who might be burdened be provided with some
additional leeway?
Jay Bryan: They have the right to variance.
Glenn Bowles: Yes. Also, FEMA does have grant programs available to relocate structures.
They will buy the property and relocate it.
Brian Dobyns: Can the County provide as much information as possible to these people so they
will be prepared?
Glenn Bowles: I suspect we will. At this point we have only notified people who have had a
status change.
Brian Dobyns: Are the manufactured home provisions County regulations? Are manufactured
homes defined as pre -fab homes that are brought to the site?
Glenn Bowles: They are brought on site `in total' as opposed to being brought on site in pieces.
Brian Dobyns: A modular would be allowed?
Glenn Bowles: No. A modular would not be allowed. That would be the same as a residential
construction. Replacement manufactured homes would need to be elevated.
Renee Price - Saunders: The disclaimer (42 -41) is on page 10.
Brian Dobyns: On page 18, why can't we do variance after the fact? Is what we are saying is
that if you are ignorant and build a 12' x 16' structure in the floodplain, you could not apply for
the variance because of your mistake?
Glenn Bowles: You could still apply for the variance, but it would be difficult for the Board of
Adjustment to grant the variance.
Brian Dobyns: Is that something you see in other ordinances?
Ted Triebel: I don't know.
Brian Dobyns: There are a lot of people who could build structures and be ignorant of where the
floodplain line is. Especially long time landowners. I understand that anything that is over 12 by
12 has to have a building permit unless you are in farming. Can farmers in the potential areas be
notified to check all future buildings to make sure they are not in the floodplains if they are over
12 by 12? That could possibly alleviate that concern.
Robert Davis: Farmers still have to come to us for permits. They are only exempt from zoning.
They often check with us before they build new structures.
43
Brian Dobyns: My understanding was that farm structures did not need a building permit.
Glenn Bowles: If this is a critical issue, perhaps we could do some type of outreach to notify the
farmers of the new regulations.
Renee Price - Saunders: On page 2 it defines an accessory structure, it lists structures and goes to
farms. This may be too general, and you may want to be more specific.
Glenn Bowles: We can make some changes as long as we don't make it less exacting.
Renee Price- Saunders: We can make it more pertinent to rural areas.
Craufurd Goodwin: Was it a misprint that lumber was listed under chemical compounds?
Glenn Bowles: Lumber was on one of the original lists. Typically lumber is not a chemical
compound.
Jay Bryan: Treated lumber could be.
Glenn Bowles: There are a number of commodity storage units in the floodplain as well, so we
have to be careful how it's addressed. Especially with regard to junkyards.
Jeffrey Schmitt: What is the basis that this will be released to the general public in a readable
fashion? Will there be a general notice in the paper?
Jay Bryan: Do you mean will there be an educational component after the ordinance is approved?
You may want to identify particular people that right be affected.
Glenn Bowles: We have already sent letters to two types of individuals affected by the change,
but did not address the third type of homeowners who will continue to be in the floodplain. We
have also run legal ads in the newspapers about the proposed regulation changes.
Jeffrey Schmitt: I have property in the floodplain and had I not been at this meeting, I probably
would not be aware of the changes.
Glenn Bowles: There are 3,228 parcels that have some land in the floodplain. Mass mailings
don't often generate interest either, but we could possibly use some other form.
Jay Bryan: You may want to identify a communication process.
Renee Price- Saunders: You could put it up in various County buildings.
Craufurd Goodwin: Are individuals prohibited from storing items (i.e., piles of gravel, cement
logs, bricks, etc.) that will disturb_ the natural flow of water)?
Brian Dobyns: Such as the use of temporary storage.
Glenn Bowles: There can be a new item to clarify this.
Renee Price - Saunders: One concern you mentioned is the concern of downstream flow, but when
the rivers swell, they go outward, not down or up.
44
Jay Bryan: On page 10, Section 42-41 (Warning and Disclaimer), I would suggest that be given
more prominence. It should be highlighted. Maybe it could be moved to page 1 after Section 42-
31 (Statutory Authorization). Also, has the attorney seen Section 41 on page 18 "The request for
a variance is not after -the -fact or for a situation of one's own making ".
Glenn Bowles: I have sent it to the County Attorney, but I'm not sure he has reviewed it.
Jay Bryan: I am fine with it overall but I would want him to look at that particular section to see
if it complies in general with variance laws. On page 19, number 5, who submits the written
report?
Glenn Bowles: The applicant.
Jay Bryan: That should be stated in the sentence.
Renee Price - Saunders: On page 5, Section 3, could the Historic Preservation Commission see the
section on Historic structures?
Glenn Bowles: Yes.
Noah Ranells: Could the Planning Board members have a map of the County or a map that
shows where the floodplain is?
Glenn Bowles: What about a County map showing floodplains and parcels?
Noah Ranells: Will that be available on GIS for public access? We need to maximize
availability.
Glenn Bowles: We will have township maps to review at the next meeting. The Current
Planning website has floodplain information. We may be able to get the maps attached.
Brian Dobyns: The definitions of floodplain, flood prone, flood zone, special flood hazard area
and regulatory floodplain seem to be similar and some seem to overlap. Are they all the same?
Glenn Bowles: Yes. Flood prone is anything that might flood. The regulatory flood element
issue is a defined elevation. Everything below that is flood prone. Every definition reflects an
aspect of flooding. They are similar, but the definitions and terms come from FEMA.
Brian Dobyns: It would be helpful to know these terms are similar. The data shows different
terms.
Craufurd Goodwin: Would you like a glossary?
Brian Dobyns: Something that would make it clearer.
Glenn Bowles: I will try to put a linkage to those terms.
Noah Ranells: On page 2, under Accessory Structure, the fourth line states "the like "; there
should be examples to explain that term. On page 6, at the bottom of the page, "Post -FIRM and
45
Pre- FIRM" should be clarified more. On page 7, under Riverine, eliminate the word etc. and use
more examples or similar things. On page 18, section 22 -71, the wording needs to be changed.
Jay Bryan: We are being asked to make recommendations tonight. Would anyone care to make a
recommendation?
MOTION made by Craufurd Goodwin for adoption with designated changes. Noah Ranells
seconded.
VOTE: Unanimous
Jay Bryan: Could someone delineate these recommended changes?
Glenn Bowles: We could have a new version available at the next meeting.
..5'm
ITEMS REMOVED FROM CONSENT AGENDA:
k. Approval of Tax - Exempt Financing Arrangement for Efland Volunteer Fire
Company. Inc. to Purchase Land
The Board considered approving a request from Efland Volunteer Fire Company, Inc. to
enter into a tax - exempt financing arrangement to purchase land and authorizing the Chair to
sign the appropriate documents related to the financing arrangement.
Commissioner Halkiotis asked Planning Director Craig Benedict about the Planning
department's involvement in the assessment of this land that Efland wanted to purchase. He
also asked if anyone responded back from the OCS to the Efland Fire Department about the
excess land at the middle school site.
Rod Visser said that he spoke to George McFarland about this and the OCS did not
receive a formal request from the Efland Fire Department about this, but only spoke with them
about it. EMS Director also spoke directly with several representatives of the fire department
and they made it absolutely clear that they were primarily interested in the site related to this
item and not immediately interested in using the piece of property by the middle school.
John Link said that, through Geof Gledhill and Craig Benedict, they need to report back
on what extent this land is excess land at the middle school site. He recalls that part of the
reason for buying this land had to do with impervious surface requirements, so it is not really
excess land.
Commissioner Halkiotis said that we need to put this to rest if this is not excess land.
Craig Benedict said that when someone is interested in purchasing land, the Planning
department lets them know about the land regarding the buffers, soils, septic systems, etc.
They also look at impervious surface and permitted uses.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to
approve a request from Efland Volunteer Fire Company, Inc. to enter into a tax - exempt
financing arrangement to purchase land and authorize the Chair to sign the appropriate
documents related to the financing arrangement.
VOTE: UNANIMOUS
M. Revisions to the Flood Damage Prevention Ordinance
The Board considered the Administration's recommendation and Planning Board
comments concerning the proposed revisions to the Flood Damage Prevention Ordinance,
closing the pubic hearing and considered adopting the ordinance.
Commissioner Jacobs said that he finds the changes very confusing. For example, the
changes on page 28 are very hard to read. Also, on page 27, he raised an issue last time and
he still takes issue with it. This is regarding storage of chemicals in flood -prone areas. He
does not think the language is sufficiently clear. It would be easier to follow if there was strike -
through and then the corrections.
The staff will make some changes in the language and bring it back.
TABLED
n. Award of Contract and Approval of Memorandum of Agreement — Joint
Greenhouse Gas Emissions Inventory and Action Plan
The Board considered awarding a contract to ICLEI Energy Services of Toronto to conduct
a joint greenhouse gas (GHG) emissions inventory and emissions reduction action plan,
approving an interlocal Memorandum of Agreement between the Towns of Carrboro and