HomeMy WebLinkAboutORD-2005-127 - Ordinance Amending the County Flood Damage Prevention OrdinanceoRA;) 74
ORDINANCE 5
October 3, 2005
AN ORDINANCE AMENDING THE COUNTY
FLOOD DAMAGE PREVENTION ORDINANCE
DIVISION 1. GENERALLY
Sec. 42 -31 Statutory authorization.
The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3
and 4 of Article 18 of Chapter 153A; and Part 121, Article 6 of Chapter 153A of the North Carolina
General Statutes, delegated the responsibility to local governmental units to adopt regulations designed
to promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of
Commissioners of Orange County, North Carolina, does ordain as follows:
(Ord. of 8 -28- 1995, § 1.1, eff. 8 -28 -1995)
Sec. 42 -32 Findings of fact.
a) The flood prone areas within the jurisdiction of Orange County are subject to periodic
inundation, which results in loss of life, property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures of flood protection
and relief, and impairment of the tax base, all of which adversely affect the public health,
safety, and general welfare.
b) These flood losses are caused by the cumulative effect of obstructions in floodplains causing
increases in flood heights and velocities, and by the occupancy in flood prone areas by uses
vulnerable to floods or hazards to other lands, which are inadequately elevated, flood
proofed, or otherwise unprotected from flood damages.
(Ord. of 8 -28 -1995, § 1.1, eff. 8 -28 -1995, Ord. of 10 -03 -2005, eff. 10 -03 -2005)
Sec. 42 -33 Statement of purpose.
It is the purpose of this Ordinance to promote public health, safety, and general welfare and to
minimize public and private losses due to flood conditions within flood prone areas by provisions
designed to:
a. Restrict or prohibit uses, which are dangerous to health, safety, and property due to water or
erosion hazards, or which result in damaging increases in erosion, flood heights or velocities;
b. Require that uses vulnerable to floods, including facilities, which serve such uses, be
protected against flood damage at the time of initial construction;
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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, Ord. of 10 -03 -2005, eff. 10 -03 -2005)
Sec. 42 -34 Objectives.
The objectives of this Ordinance are to:
a. Protect human life and health;
b. Minimize expenditure of public money for costly flood control projects;
c. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
d. Minimize prolonged business losses and interruptions;
e. Minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone, cable and other communication facilities, and sewer lines, streets, and bridges
located in flood prone areas;
f. Help maintain a stable tax base by providing for the sound use and development of flood
prone areas in such a manner as to minimize flood blight areas; and
g. Ensure that potential homebuyers are notified that property is in a Special Flood Hazard
Area.
(Ord. of 8 -28 -1995, § 1.1, eff. 8 -28 -1995, Ord. of 10 -03 -2005, eff. 10 -03 -2005)
Sec. 42-35. 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.
Accessory structure (Appurtenant Structure) means a structure, which is located on the same
parcel of property as the principal structure and the use of which is incidental to the use of the principal
structure. Garages, carports, and storage sheds are common urban accessory structures. Pole barns, hay
sheds, and the like qualify as accessory structures on farms, and may or may not be located on the same
parcel as the farm dwelling or shop building.
Addition (to an existing building) means an extension or increase in the floor area or height of a
building or structure, including adding new plumbing, electrical, or HVAC systems.
Appeal means a request from a review of the Floodplain Administrator's interpretation of any
provision of this Ordinance by the Board of Adjustment.
Area of shallow flooding means a designated AO or AH Zone on a Orange County's Flood
Insurance Rate Map (FIRM) with base flood depths determined to be from one (1) to three (3) feet.
These areas are located where a clearly defined channel does not exist, where the path of flooding is
unpredictable and indeterminate, and where velocity flows may be evident. Such flooding is
characterized by sheet flow or ponding.
Area of special flood hazard 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. It is often referred to as the 100 -year flood.
Base flood elevation (BFE) means a determination as published in the Flood Insurance Study of
the water surface elevations of the base flood.
sides.
Basement means any area of the building having its floor sub grade (below ground level) on all
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. .
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.
Disposal defined as in NCGS 130A- 290(a)(6).
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 of floodwaters and the unimpeded movement of floodwaters.
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 an Orange County, issued
by the FEMA, on which FEMA has delineated the Special Flood Hazard Areas and the floodways. This
official map is a supplement to and shall be used in conjunction with the FIRM.
Flood fringe means that portion of the SFHA outside of the floodway as defined in the FIS and
with the boundary of the 100 -year floodplain.
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 (FIRM) means an official, adopted Orange County map, issued by the
FEMA, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the
county are delineated.
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 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 refers to any land area susceptible to being inundated by water
from any source and is interchangeable terms.
Floodplain Administrator is the individual appointed to administer and enforce the floodplain
management regulations.
Floodplain Management means the operation of an overall program of corrective and preventive
measures for reducing flood damage and preserving and enhancing, where possible, natural resources in
the floodplain, 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 eliininate 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.
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.
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 (HAG) means the highest natural elevation of the ground surface, prior to
construction, next to the proposed walls of the structure.
Historic structure means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the
U.S. Department of Interior) or preliminarily determined by the Secretary of Interior as
meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by
the Secretary to qualify as a registered historic district;
3. Individually listed on a local inventory of historic landmarks in communities with a
"Certified Local Government (CLG) Program," which has been approved by the Department
of the Interior; or
4. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either by an approved state program as
determined by the Secretary of the Interior, or directly by the Secretary of the in states
without approved programs.
Lowest adjacent grade (LAG) means the elevation of the ground, sidewalk, patio slab, or deck
support immediately next to the building after completion of the building. For Zone A and AO, use the
natural grade elevation before construction.
Lowest floor means the sub floor, top of slab or grade 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
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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 construction to North Carolina Building Code requirements.
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
Market Value means the building value, excluding the land, (as agreed to between a willing buyer
and seller), as established by what the local real estate market . will bear. An independent certified
appraisal can establish a market value using; replacement cost depreciated by age of building (Actual
Cash Value) or adjusted assessed values.
Mean sea level means, for purposes of the NFIP, the National Geodetic Vertical Datum (NGVD)
as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other
vertical control datum used as a reference for establishing varying elevations within the floodplain, to
which BFE's shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used.
New construction means structures for which the "start of construction" commenced on or after
March 16, 1981, and includes any subsequent improvements to such structures.
Nonconforming building or development means any legally existing building or development,
which fails to comply with the current provisions of this Ordinance.
Non - Encroachment area means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one (1) foot as designated in the Flood Insurance Study report.
Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile,
abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock,
gravel, refuse, fill, structure, vegetation • or other material in, along, across, or projecting into any
watercourse, which may alter, impede, retard, or change the direction and/or velocity of the flow of
water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its
likelihood of being carried downstream.
Post -FIRM means construction or other development, which started on or after March 16, 1981.
Pre -FIRM means construction or other development, which started before March 16, 1981.
Public safety and /or nuisance means anything, which is 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 (RV) 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
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towable by a light duty truck, and designed primarily not for use as a permanent dwelling, but as
temporary living quarters for recreational, camping, travel, or seasonal use.
Reference level is the portion of a structure or other development that must be compared to the
regulatory flood protection elevation to determine regulatory compliance. For structures within Special
Flood Hazard Areas designated as Zone Al -A30, AE, A, A99, or AO, the reference level is the top of
the lowest inhabited floor.
Regulatory flood protection elevation means the elevation to which all structures and other
development located within the Special Flood Hazard Areas have been determined. Within areas where
BFE's have been determined, this elevation shall be the BFE plus two (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.
Repetitive loss means flood - related damages sustained by a structure on two (2) separate
occasions during any 10 -year period for which the cost of repairs at the time of each such flood event,
on the average, equals or exceeds twenty -five percent (25 %) of the market value, or the tax value in the
absence of recent comparative sales, of the structure before the damage occurred.
Retrofitting means measures, such as flood proofing, elevation, construction of small levees, and
other modifications, taken on an existing building or its yard to protect it from flood damage.
Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook,
etc.
Salvage yard means property used for the storage, collection, and/or recycling of any type of
equipment whatsoever, whether industrial or non - commercial, and including but not limited to vehicles,
appliances and related machinery.
Solid waste disposal facility means any facility involved in the disposal of solid waste, as defined
in NCGS 130A- 290(a)(35).
Solid waste disposal site defined as in NCGS 130A- 290(a)(36).
Special flood hazard area (SFHA) means the land in the floodplain subject to a one (1 %) percent
or greater chance of being flooded in any given 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
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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 is principally above ground.
Substantial damage means damage of any origin sustained by a structure during any one year
period whereby the cost of restoring the structure to its before - damaged condition would equal or exceed
50 percent of the market value of the structure before the damage occurred. See definition of
"substantial improvement." Substantial damage also means flood - related damage sustained by a
structure on two separate occasions during a 10 -year period for which the cost of repairs at the time of
each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure
before the damage occurred.
Substantial improvement means any combination of repairs, reconstruction, rehabilitation,
addition, or other improvement of a structure, taking place during any one year period whereby the cost
of which equals or exceeds 50 percent of the market value of the structure before the start of
construction of the improvement. This term includes structures, which have incurred substantial
damage, regardless of the actual repair work performed. The term does not, however, include either any
correction of existing violations of State or Orange County health, sanitary, or safety code specifications
which have been identified by the Orange County code enforcement official and which are the minimum
necessary to assure safe living conditions, or any alteration of a historic structure provided that the
alteration will not preclude the structure's continued designation as a historic structure.
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.
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, Ord. of 10 -03 -2005, eff. 10 -03 -2005)
Cross references: Definitions generally, § 1 -2.
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Sec. 42 -37. Lands to which this Ordinance Applies.
This Ordinance shall apply to all SFHAs within the jurisdiction, including Extra - Territorial
Jurisdictions (ETJ), if applicable, of Orange County and within the jurisdiction of any other Orange
County whose governing body agrees, by resolution, to such applicability.
(Ord. of 8 -28 -1995, § 3.1, eff. 8 -28 -1995, Ord. of 10 -03 -2005, eff. 10 -03 -2005)
Sec. 42 -38. Basis for establishing the Special Flood Hazard Areas.
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 February 2, 2007, which with accompanying supporting data, and any revision thereto, including
Letters of Map Amendment or Revision, are adopted by reference and declared to be a part of this
Ordinance. The SFHA also include those defined through standard engineering analysis for private
developments or by governmental agencies, but not incorporated into the FIRM. This includes, but is
not limited to, detailed flood data:
1. Detailed flood data generated as a requirement of Section 42 -69 (11/12) of this Ordinance;
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, Ord. of 10 -03 -2005, eff. 10 -03 -2005)
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, Ord. of 10 -03 -2005, eff. 10 -03 -2005)
Sec. 42 -40. Abrogation and greater restrictions.
This Ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this Ordinance and any other Ordinance conflict or overlap
whichever imposes the more stringent restrictions shall prevail.
(Ord. of 8 -28 -1995, § 3.5, eff. 8 -28 -1995, Ord. of 10 -03 -2005, eff. 10 -03 -2005)
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Sec. 42 -41. Interpretation.
In the interpretation and application of this Ordinance, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and,
3. Deemed to neither limit nor repeal any other powers granted under State statutes.
(Ord. of 8- 284995, § 3.6, eff. 8 -28 -1995)
Sec. 42 -42. Penalties for violation.
Violation of the provisions of this Ordinance or failure to comply with any of its requirements,
including violation of conditions and safeguards established in connection with grants of variance or
special exceptions, shall constitute a Class 3 misdemeanor. Any person who violates this Ordinance or
fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than
$200.00 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, Ord. of 10 -03 -2005, eff. 10 -03 -2005)
Secs. 42- 43 -42 -65. Reserved.
Division 2. ADNIINISTRATION.*
*Cross references: Administration, ch.2.
Sec. 42 -66. Designation of Floodplain Administrator.
The Zoning Officer hereinafter referred to as the " Floodplain Administrator ", is hereby
appointed to administer and implement the provisions of this Ordinance.
(Ord. of 8 -28 -1995, § 3.3, eff. 8 -28 -1995, Ord. of 10 -03 -2005, eff. 10 -03 -2005)
Sec. 42 -67. Establishment of floodplain development permit.
- A floodplain development permit shall be required conforming to the provisions of this
Ordinance prior to the commencement of any development activities within SFHA as determined in
Section 42 -37.
(Ord. of 8 -28 -1995, § 3.3, eff. 8 -28 -1995, Ord. of 10 -03 -2005, eff. 10 -03 -2005)
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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 him or her prior to any
development activities proposed to be located within flood prone areas. The following items/
information shall be presented to the Floodplain Administrator to apply for a floodplain
development permit.
a) A plot plan drawn to scale which shall include, but shall not be limited to, the following
specific details of the proposed floodplain development:
i. The nature, location, dimensions, and elevations of the area of
development/disturbance; existing and proposed structures, driveways, utility
systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and
other development;
ii. The boundary of the SFHA as delineated on the FIRM or other flood map as
determined in Section 42 -37 or a statement that the entire lot is within the SFHA;
iii. Flood zone(s) designation of the proposed development area as determined on the
FIRM or other flood map as determined in Section 42 -37;
iv. The boundary of the floodway(s) or non - encroachment area(s) as determined in
Section 42 -37;
v. The Base Flood Elevation (BFE) where provided as set forth in Section 42 -37;
Section 42 -69 (11/12); or Section 42 -91;
vi. The old and new location of any watercourse that will be altered or relocated as a
result of proposed development;
vii. Preparation of the plot plan by or under the direct supervision of a North Carolina
licensed professional Land Surveyor or Professional Engineer and certified by them.
b) Proposed elevation, and method thereof, of all development within a SFHA including but
not limited to:
i. Elevation in relation to mean sea level of the proposed reference level (including
basement) of all structures;
ii. Elevation in relation to mean sea level to which any non - residential structure in Zone
AE, A, or AO will be flood- proofed;
iii. Elevation in relation to mean sea level to which any proposed utility systems will be
elevated or flood proofed;
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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:
i. Proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall,
solid backfilled foundation, open foundation on columns /posts /piers /piles /shear wall);
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.)
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.
i) If a watercourse is proposed to be altered and/or relocated, a description of the extent of
watercourse alteration or relocation, an engineering report on the effects of the proposed
project on the flood - carrying capacity of the watercourse and the effects to properties
located both upstream and downstream; and a map, drawn to scale, (if not shown on plot
plan) showing the location of the proposed watercourse alteration or relocation.
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.
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f. A statement that no fill material shall encroach into the floodway or non - encroachment
area of any watercourse, if applicable.
g. If in an A, AO, AE or Al -30 zone, specify the minimum foundation opening
requirements
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 be at the permit holder's risk. The floodplain
administrator shall review the certificate data submitted. Deficiencies detected by such
review shall be corrected by the permit holder immediately and before further work being
permitted to proceed. Failure to submit the certification or failure to make required
corrections shall be cause to issue a stop -work order for the project.
b. A Final As -Built Elevation Certificate (FEMA Form 81 -31) is required after construction
is completed and prior to Certificate of Compliance /Occupancy issuance. It shall be the
duty of the permit holder to submit to the Floodplain Administrator a certification of final
as -built construction of the elevation of the reference level and all attendant utilities.
Elevation certification shall be prepared by, or under the direct supervision of, a North
Carolina licensed professional Land Surveyor or Professional Engineer and certified by
the same. The Floodplain Administrator shall review the certificate data submitted.
Deficiencies detected by such review shall be corrected by the permit holder immediately
and prior to Certificate of Compliance /Occupancy issuance. In some instances, another
certification may be required to certify corrected as -built construction. Failure to submit
the certification or failure to make said corrections required shall be cause to withhold the
issuance of a Certificate of Compliance /Occupancy.
c. If a manufactured home is placed within Zone 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).
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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
Al -30, are exempt from the elevation/flood proofing certification requirements specified
in items a. and b. above:
i. Recreational vehicles meeting requirements of Section 4- 92(4);
ii. Temporary structures meeting requirements of Section 42- 92(6); and
iii. Accessory Structures with any dimension that is twelve feet or greater in height,
width, or depth, meeting requirements of Section 42- 92(7).
(Ord. of 8 -28- 1995, § 4.2, eff. 8 -28 -1995, Ord. of 10 -03 -2005, eff. 10 -03 -2005)
Sec. 42 -69. Duties and responsibilities of the floodplain administrator.
Duties of the Floodplain Administrator shall include, but not be limited to:
1. Review all floodplain development applications and issue permits for all proposed
development within flood prone areas to ensure that the requirements of this Ordinance have
been satisfied.
2. Advise permittee that additional Federal or State permits (i.e., Wetlands, Erosion and
Sedimentation Control, Riparian Buffers, Mining, etc.) may be required, and if specific
Federal or State permits are known, require that copies of such permits be provided and
maintained on file with the floodplain development permit.
3. Notify adjacent communities and the North Carolina Department of Crime Control and
Public Safety, Division of Emergency Management, State Coordinator for the NFIP prior to
any alteration or relocation of a watercourse, and submit evidence of such notification to
FEMA.
4. Ensure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood - carrying capacity is not diminished.
5. Prevent encroachments within floodways and non - encroachment areas unless the
certification and flood hazard reduction provisions comply with Section 42 -93.
6. Obtain actual elevation (in relation to mean sea level) of the reference level (including
basement) of all attendant utilities of all new or substantially improved structures, according
to Section 42- 68(3).
2 18
7. Obtain the actual elevation (in relation to mean sea level) to which the new or substantially
improved structures and all utilities have been flood proofed, according to Section 42- 68(3).
8. Obtain actual elevation (in relation to mean sea level) of all public utilities, according to
Section 42- 68(3).
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 and/or non - encroachment area
data available from a Federal, State, or other source, including data developed pursuant to
Section 42 -94, in order to administer the provisions of this Ordinance.
12. When BFE data is provided, but no floodway nor non - encroachment area data has been
provided according to Section 42 -37, obtain, review, and reasonably utilize any floodway
data, and/or non - encroachment area data available from a Federal, State, or other source in
order to administer the provisions of this Ordinance.
13. When the exact location of boundaries of the SFHAs conflict with the current, natural
topography information at the site, the property owner may apply and be approved for a
Letter of Map Amendment (LOMA) by FEMA. The Floodplain Administrator in the
floodplain development permit file will maintain a copy of the LOMA issued from FEMA
14. Permanently maintain all records pertaining to the administration of this Ordinance and make
these records available for public inspection during normal business hours.
15. Make on -site inspections of work in progress. As the work pursuant to a floodplain
development permit progresses, the Floodplain Administrator shall make as many
inspections of the work as may be necessary to ensure that the work is being done according
to the provisions of the local ordinance and the terms of the permit. In exercising this power,
the Floodplain Administrator has a right, upon presentation of proper credentials, to enter on
any premises within the jurisdiction of the Orange County at any reasonable hour for the
purposes of inspection or other enforcement action.
16. Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and/or
other official flood maps /studies adopted under Section 42 -37 of this Ordinance, including
any revisions thereto including LOMA), issued by State and/or FEMA.
17. Notify State and FEMA of mapping needs.
18. Issue stop -work orders as required. Whenever a building or part thereof is being constructed,
reconstructed, altered, or repaired in violation of this Ordinance, the Floodplain
Administrator may order the work to be immediately stopped. The stop -work order shall be
19
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.
19. Revocation of floodplain development permits, as required. The Floodplain Administrator
may revoke and require the return of the floodplain development permit by notifying the
permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for
any substantial departure from the approved application, plans, or specifications; for refusal
or failure to comply with the requirements of State or local laws; or for false statements or
misrepresentations made in securing the permit. Any floodplain development permit
mistakenly issued in violation of an applicable State or local law may also be revoked.
20. Make periodic inspections throughout all SFHAs within the Orange County jurisdiction. The
Floodplain Administrator and each member of the Planning and Inspections Department shall
have a right, upon presentation of proper credentials, to enter on any premises within the
territorial jurisdiction of the department at any reasonable hour for the purposes of inspection
or other enforcement action.
21. Follow through with corrective procedures of Section 42 -70.
22. Coordinate Letters of Map Change and FIS/FIRM revisions with other County departments,
State of North Carolina, and FEMA.
(Ord. of 8 -28 -1995, § 4.2, eff. 8 -28 -1995, Ord. of 10 -03 -2005, eff. 10 -03 -2005)
Sec. 42 -70. Corrective procedures.
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 their property.
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 of this Ordinance;
b. A hearing will be held before the Floodplain Administrator at a designated place and
time, not later than ten (10) business days before the date of the notice, at which time he
the owner shall be entitled to be heard in person or by counsel and to present arguments
and evidence pertaining to the matter; and
Following the hearing, the Floodplain Administrator may issue such order to alter,
vacate, or demolish the building; or to remove fill as appears appropriate.
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3. Order to Take Corrective Action: If, upon a hearing held pursuant to the notice prescribed
above, the Floodplain Administrator shall find that the building or development is in
violation of this Ordinance, he or she shall make an order in writing to the owner, requiring
the owner to remedy the violation within 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
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, Ord. of 10 -03 -2005, eff. 10 -03 -2005)
Sec. 42 -71. Variance procedures.
1. The Board of Adjustment as established by Orange County, hereinafter referred to as the
"appeal board ", shall hear and decide requests for variances from the requirements of this
Ordinance.
2. Any person aggrieved by the decision of the appeal board may appeal such decision to the
Court within thirty (30) business days, as provided in Chapter 7A of the North Carolina
General Statutes.
3. Variances may be issued for the repair or rehabilitation of historic structures upon the
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
4. In passing upon such variances, the appeal board shall consider all technical evaluations, all
relevant factors, all standards specified in other sections of this Ordinance, and:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the Orange County;
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e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations, not subject to flooding or erosion damage, for
the proposed use;
g. The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the Land Use Element of the Orange County
Comprehensive Plan and floodplain management program for that area;
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
1. The request for a variance is not after - the -fact or for a situation of one's own making.
5. A written report addressing each of the above factors shall be submitted with the application
for a variance.
6. Upon consideration of the factors listed above and the purposes of this Ordinance, the appeal
board may attach such reasonable conditions to the granting of variances as it deems
necessary to further the purposes of this Ordinance.
7. Variances shall not be issued within any designated floodway or non - encroachment area if
any increase in flood levels during the base flood discharge would result.
8. Conditions for Variances:
a. Variances may not be issued when the variance will make the structure in violation of
other Federal, State, or local laws, regulations, or ordinances.
b. Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
c. Variances shall only be issued upon:
i. A showing of good and sufficient cause;
ii. A determination that failure to grant the variance would result in exceptional
hardship;
iii. A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, or extraordinary public expense, create
nuisance, cause fraud on or victimization of the public, or conflict with existing local
laws or ordinances; and,
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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
storage facilities that are located in SFHAs if all of the following conditions are met. A
floodplain development permit may be issued for such development only if a variance is
granted.
a. The use serves a critical need in the Orange County.
b. No feasible location exists for the use outside the SFHA.
c. The reference level of any structure is elevated or flood proofed to at least the regulatory
flood protection level.
d. The use complies with all other applicable federal, state and local laws.
e. Orange County has notified the Secretary of the North Carolina Department of Crime
Control and Public Safety of its intention to grant a variance at least thirty (30) days
before granting the variance.
(Ord. of 8 -28- 1995, § 4.5, eff. 8 -28 -1995, Ord. of 10 -03 -2005, eff. 10 -03 -2005)
Secs. 42 -72 — 42 -90. Reserved.
DIVISION 3. PROVISIONS FOR FLOOD HAZARD REDUCTION.
See. 42 -91 General Standards.
In all SFHAs the following provisions are required:
1. All new construction and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure.
2. All new construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.
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3. All new construction or substantial improvements shall be constructed by methods and
practices that minimize flood damages.
4. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service
facilities shall be designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding. These include but are
not limited to HVAC equipment, water softener units, bath/kitchen fixtures, ductwork,
electric meter panelsiboxes, utility /cable boxes, appliances (washers, dryers, refrigerator,
etc.), hot water heaters, and electric outlets /switches.
5. All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system.
6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
7. On -site waste disposal systems shall be located and constructed to avoid impairment to them
or contamination from them during flooding.
8. Any alteration, repair, reconstruction, or improvements to a structure, which complies with
the provisions of this Ordinance, shall meet the requirements of "new construction" as
contained in this Ordinance.
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 setbacky 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,
i)
Prussic acid,
b)
Ammonia,
j)
Magnesium,
c)
Benzene,
k)
Nitric acid,
d)
Calcium carbide,
1)
Oxides of nitrogen,
e)
Carbon disulfide,
m)
Phosphorus,
f)
Celluloid,
n)
Potassium,
g)
Chlorine,
o)
Sodium,
h)
Hydrochloric acid,
p)
Sulfur,
q) Acetylene gas,
r) Gasoline and any petroleum
product,
s) Lumber,
t) Charcoal or coal dust
u) Polychlorinated biphenyls
(PCBs),
v) Polynuclear aromatic
hydrocarbons (PAHs),
w) Volatile organic compounds
(VOCs), or
x) Any priority pollutants listed in
Table 1 of Section 307 of the
Clean Water Act (P.L. 92 -500),
as amended
13. 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.
14. Any inhabited structure within any SFHA shall have unobstructed, dry access during a
regulatory flood event.
15. New fill material within any SFHA shall be prohibited.
(Ord. of 8 -28 -1995, § 5.1, eff. 8 -28 -1995, Ord. of 10 -03 -2005, eff. 10 -03 -2005)
Sec. 42 -92. Specific standards.
In all SFHAs where BFE data has been provided, as set forth in Section 42 -37 or 42 -69, the
following provisions are required:
1. Residential Construction. New construction within the SFHA shall be prohibited.
Substantial improvement of any existing residential structure (including manufactured
homes) shall have the reference level, including basement, elevated no lower than two feet
above the regulatory flood protection elevation, as defined in Article 2 of this Ordinance.
Should solid foundation perimeter walls be used to elevate a structure, opening sufficient to
automatically facilitate equalization of hydrostatic flood forces on exterior walls shall be
provided pursuant to Section 42.
2. Non - Residential Construction. New construction within the SFHA shall be prohibited.
Substantial improvement of any existing commercial, industrial, or other non - residential
structure shall have the reference level, including basement, elevated no lower than the
regulatory flood protection elevation. Structures located in 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.
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a. New or replacement manufactured homes shall be elevated so that the reference level of
the manufactured home is no lower than the regulatory flood protection elevation.
b. Manufactured homes shall be securely anchored to an adequately anchored foundation to
resist flotation, collapse, or lateral movement according to the State of North Carolina
Regulations for Manufactured/Mobile Homes, 1995 Edition, and any revision thereto
adopted by the Commissioner of Insurance pursuant to NCGS X143- 143.15 or a certified
engineered foundation._ Additionally, when the elevation would be met by an elevation of
the chassis thirty -six (36) inches or less above the grade at the site, reinforced piers or
other foundation elements of at least equivalent strength shall support the chassis. When
the elevation of the chassis is above thirty -six (36) inches in height, an engineering
certification is required.
c. All foundation enclosures or skirting shall be according to Section 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 approve 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
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.
26
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, AE, and Al -30 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;
ii. The total net area of all openings must be at least one (1) square inch for each square
foot of enclosed area subject to flooding;
iii. If a building has more than one enclosed area, each area must have openings on
exterior walls to allow floodwaters to directly enter and exit;
iv. The bottom of all required openings shall be no higher than one (1) foot above the
adjacent grade;
v. Openings may be equipped with screens, louvers, or other opening coverings or
devices provided they permit the automatic flow of floodwaters in both directions;
and
vi. Foundation enclosures made of flexible vinyl or sheet metal skirting are not
considered enclosures for regulatory and flood insurance rating purposes, and
therefore, do not require openings. Masonry or wood underpinning, regardless of
structural status, is considered an enclosure and requires hydrostatic openings as
outlined above to comply with this Ordinance.
b. The enclosed areas shall be used solely for parking of vehicles, building access, or
storage. Access to the enclosed area shall be the minimum necessary to allow for parking
of vehicles (garage door) or limited storage of maintenance equipment used in connection
with the premises (standard exterior door) or entry to the living area (stairway or
elevator). The interior portion of such enclosed area shall not be partitioned or finished
into separate rooms.
7. Temporary structures. Prior to the issuance of a floodplain development permit for a
temporary structure, the following requirements shall be met:
27
a. Applicants shall submit to the Floodplain Administrator a plan for the removal of such
structure(s) in the event of a hurricane or flash flood warning notification. The plan shall
include the following information:
is 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.
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
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.
28
9. Additions /Improvements.
a. Additions and/or improvements to pre -FIRM structures whereas the addition and/or
improvements in combination with any interior modifications to the existing structure
are:
i. Not a substantial improvement as defined and does not require a zoning or building
permit, the addition and/or improvements shall be designed to minimize flood
damages and shall not be any more non - conforming than the existing structure.
ii. Substantial improvement as defined requiring a zoning or building permit, both the
existing structure and the addition and/or improvements shall comply with the
standards for new construction.
b. Additions to post -FIRM structures with no modifications to the existing structure shall
require only the addition to comply with the standards for new construction.
c. Additions and/or improvements to post -FIRM structures whereas the addition and/or
improvements in combination with any interior modifications to the existing structure
are:
i. Not a substantial improvement, the addition and/or improvements only must comply
with the standards for new construction; and,
ii. A substantial improvement, both the existing structure and the addition and/or
improvements must comply with the standards for new construction.
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, Ord. of 10 -03 -2005, eff. 10 -03 -2005)
Sec 42 -93. Specific Standards for floodplains without established base now 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
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.
29
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, Ord. of 10 -03 -2005, eff. 10 -03 -2005)
Sec. 42 -94. Subdivisions, manufactured home parks, and major developments.
All subdivisions, manufactured home par, and major development proposals located within
SFHAs shall:
1. Be consistent with the need to minimize flood damage.
2. Have public utilities and facilities such as sewer, gas, electric, cable, and water systems
located and constructed to minimize flood damage.
3. Have adequate drainage provided to reduce exposure to flood hazards
4. Have BFE data provided if development exceeds either of 50 lots /units or five acres. Such
BFE data shall be adopted by reference per Section 42 -37.
(Ord. of 8 -28 -1995, § 5.4, eff. 8 -28 -1995, Ord. of 10 -03 -2005, eff. 10 -03 -2005)
Sec. 42 -94a. Standards for floodplains with BFE but without established floodways or non -
encroachment areas.
Along rivers and streams where BFE data area is provided, but neither floodway not non -
encroachment areas are identified for a SFHA on the FIRM or in the FIS, no encroachments, including
fill, new construction, substantial improvements, or other development, shall be permitted unless
certification with supporting technical data by a North Carolina licensed Professional Engineer is
provided demonstrating that the cumulative effect of the proposed development, when combined with all
other existing and anticipated development, will not increase the water surface elevation of the base
flood by more than one foot at any point within Orange County.
(Ord. of 10 -03 -2005, eff. 10 -03 -2005)
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
30
areas due to the velocity of floodwaters that have erosion potential and carry debris and potential
projectiles. The following provisions shall apply to all development within such areas:
1. No encroachments, including fill, new construction, substantial improvements and other
developments shall be permitted unless it has been demonstrated through hydrologic and
hydraulic analyses, performed according to standard engineering practice, that the proposed
encroachment would not result in any increase in the flood levels 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.
(Ord. of 10 -03 -2005, eff. 10 -03 -2005)
Sec. 42 -94c. Standards for Floodplains without Established Base Flood Elevations.
Within the SFHAs established in Section 42 -37, where no BFE data has been provided, the
following provisions shall apply:
1. No encroachments, including fill, new construction, substantial improvements or new
development shall be permitted within a distance of twenty feet each side from top of bank or
five times the width of the stream whichever is greater, unless certification with supporting
technical data by a North Carolina licensed Professional Engineer is provided demonstrating
that such encroachments shall not result in any increase in flood levels during the occurrence
of the base flood discharge.
2. If the requirements of Section 42 -94(1) are adhered to and BFE data are available from other
sources, all new construction and substantial improvements within such areas shall also
comply with all applicable provisions of this Ordinance and shall be elevated or flood
proofed according to elevations established according to Section 42- 69(11 /12). 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.
(Ord. of 10 -03 -2005, eff. 10 -03 -2005)
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:
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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 SFHAs, where no BFE has been established.
2. All new construction and substantial improvements of non - residential structures shall have
the option, in lieu of elevation, to be completely flood proofed together with attendant
utilities and sanitary facilities to or above that level so that any space below that level is
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, Ord. of 10 -03 -2005, eff. 10 -03 -2005)
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 thereof for which a floodplain development permit has
been granted by the Floodplain Administrator or his/her authorized agents before the time of passage of
this Ordinance; provided, however, that when construction is not begun under such outstanding permit
within a period of six (6) months subsequent to passage of this Ordinance or any revision thereto,
construction or use shall be in conformity with the provisions of this Ordinance.
(Ord., of 8 -28 -1995, § 5.5, eff. 8 -28 -1995, Ord. of 10 -03 -2005, eff. 10 -03 -2005)
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.
(Ord. of 10 -03 -2005, eff. 10 -03 -2005)
Sec. 42 -98. Effective date.
This Ordinance shall become effective upon adoption.
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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 third day of October 2005.
WITNESS my hand and the official seal of, this the day of
w
Clerk to BOCC
2005.
The Board awarded a contract for consulting services to J -Quad and Associates, LLC for
the development of a Ten Year Plan to End Homelessness in Orange County and authorized
the Chair to sign contingent upon final review by the County Attorney.
n. Allocation Plan for Supplemental Funding Authorized in FY2005 -06 Budget
The Board approved a funding plan to allocating a $50,000 Board approved appropriation.
The proposed plan includes the establishment of two permanent, part -time Circulation
Supervisor positions, one at the Cedar Grove branch and one at the Carrboro Cybrary effective
October 4, 2005.
o. Approval of Plan to Replace Services Previously Offered by Sheaffer House
The Board approved the recommendations of the work group, approved the transfer of
$165,000 from the outside agency fund to the Social Services budget, approved the contract
between Social Services and OPC for the liaison position and between Social Services and the
Caring Family Network for emergency placement services and authorized the Chair to sign the
contracts after review by the County Attorney and County staff.
P. Authorization to Release One -Time Supplemental Funding to OPC /LME to Facilitate
Divestiture of EIFS /OC & KidScope
This item was removed and placed at the end of the consent agenda for separate
consideration.
o Revisions to the Flood Damage Prevention Ordinance
The Board adopted the amended flood damage prevention ordinance.
VOTE ON CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM CONSENT AGENDA:
E Authorization to Release One -Time Supplemental Funding to OPC /LME to
Facilitate Divestiture of EIFSIOC & KidScope
The Board considered authorizing the release of a one -time County supplemental
appropriation in the amount of $57,468 to OPC /LME to facilitate the divestiture (transfer) of
EIFS /OC & KidScope to the Chapel Hill Training Outreach Project effective October 1, 2005.
Commissioner Jacobs said that the County Commissioners had promised people that
they would stand by them during the divestiture and this is an example of how they are doing
what they said they would do with one of the entities — KidScope. He said that there are five
entities lined up on the chart and he asked about the funds for these.
OPC /LME Director Judy Truitt said that the total cost of one month of operating
expenses for all of OPC service programs in Orange County was $464,855. OPC made the
decision that they would use $180,305 of the continuation of effort monies that OPC already
receives from the counties, which left a total in Orange County of $284,550 needed. They have
spread the $180,305 across all of the programs on the list. As they divest the other programs,
the total amount will be less than the one -month operating expenses because they will be using
other monies that have been set aside.
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to
authorize the release of a one -time County supplemental appropriation in the amount of
$57,468 to OPC /LME to facilitate the divestiture (transfer) of EIFS /OC & KidScope to the
Chapel Hill Training outreach Project effective October 1, 2005.
VOTE: UNANIMOUS
6. Resolutions or Proclamations