HomeMy WebLinkAboutAgenda - 08-03-1995 - IX-E } 1
O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 3, 1995
Action Agenda
Item # =X-F_
SUBJECT: ADVERTISEMENT - AUGUST 28, 1995 PUBLIC HEARING
DEPARTMENT: PLANNING PUBLIC HEARING Yes _x.-No
ATTACHMENT(S) : INFORMATION CONTACT:
Proposed Legal Notice Mary Willis
Proposed Public Hearing Items Extension 2583
TELEPHONE NUMBERS:
Hillsborough-732-8181
Durham -688-7331
Mebane -227-2031
Chapel Hill -967-9251
PURPOSE: To consider the legal notice for the quarterly public
hearing scheduled for August 28, 1995.
BACKGROUND: The next regular quarterly public hearing is scheduled for
August 28, 1995. The Board of Commissioners reviews
proposals to be considered at public hearing for
consistency with general County policy and presentation
format. Items to be considered at the August 28, 1995
public hearing include the following:
1. Revisions to I-40/Old NC 86 Economic Development
District
The I-40/Old NC 86 Economic Development District was
adopted by the Board of Commissioners on January 17,
1995. Comments received during the public hearing
process included requests by two individuals who owned
parcels which were partially in the proposed EDD to
have the entirely of their parcels included in the
EDD. Comments also included a request that the
perimeter buffer adjacent to Old NC 86 north of Cates
Creek be reduced due to the limited lot depth and
Hillsborough's adoption of EDD district standards
across Old NC 86.
2. SUP-1-95 Reba and Roses
A Special Use Permit application has been submitted
for non-residential use of a historic property. The
property, owned by Laura Baldwin, is located at the
northwest corner of Baldwin Road and St. Mary's Road.
The Special Use Permit is requested in order for the
applicant to continue the use of farm buildings on the
property for a greenhouse and gift shop.
2
3. Financial Guarantee of Landscape and Buffer
Requirements
The proposed amendment would add language to Section
IV-B-8-e of the Subdivision Regulations and Article 12
of the Zoning Ordinance to specify that the amount of
the financial guarantee of installation of landscape
materials required for subdivision or site plan
approval includes the costs of both purchase and
installation of plant materials.
4. Flood Damage Prevention Ordinance
On June 21, staff from the NC Division of
Environmental Management conducted a Community
Assistance Visit with Planning and Inspections Staff
to discuss its implementation of the Flood Damage
Prevention Ordinance. The Flood Damage Prevention
Ordinance implements the Flood Damage Insurance
Program of the Federal Emergency Management Agency
(FEMA) .
Since the last Community Assistance Visit to Orange
County, held in 1989, there have been revisions to the
model ordinance prepared by FEMA. It is proposed
that the existing ordinance be replaced with the
current model ordinance used by FEMA. The differences
between the Orange County Flood Damage Prevention
Ordinance and the FEMA model ordinance are largely
technical.
Approval of the notice will permit advertisement on August
17 and August 24, 1995 as required by the N.C. General
Statutes. The notice must be mailed on or before August
11, 1995.
The Planning Board considered the proposed ordinance text
amendments at its July 17, 1995 meeting and recommended
that they be presented at the August, 1995 public hearing
for citizen comment.
RECOMMENDATION: The Administration recommends approval of the Notice of
Public Hearing for August 28, 1995.
3
NOTICE OF PUBLIC HEARING
ORANGE COUNTY BOARD OF CON IISSIONERS
A public hearing will be held in the Superior Courtroom of the Orange County Courthouse(New), 106 East
Margaret Lane, Hillsborough, North Carolina, on Monday, August 28, 1995 at 7:30 p.m. for the purpose
of giving all interested citizens an opportunity to speak for or against the following items:
ORANGE COUNTY LAND USE PLAN AMENDMENT
1. CP-1-95 I-40/Old NC 86 Economic Development District Activity Node Expansion
REVISE the Orange County Land Use Plan to expand the boundary of the I-40/Old NC 86
Economic Development Activity Node to include the entirety of lots 4.47.C.7 and 4.45..2E in the
Node. Portions of both lots are currently included in the Activity Node. The additional area
proposed to be added to the Activity Node totals about 37 acres. Lot 4.47.C.7,owned by Allen and
Sally Addison, is located in the northwest quadrant of the I-40/Old NC 86 interchange. The
portion of the lot proposed to be included in the Activity Node is located on the northwest side of
Cates Creek, and contains about 33 acres. Lot 4.45..2E, owned by Hugh and Carolyn Moren, is
located in the northeast quadrant of the interchange. The portion of the property proposed to be
included in the Activity Node consists of about four acres adjacent to Stagecoach Run.
The current Land Use Plan Designation of the affected portion of the Addison property is 10-Year
Transition. The current Land Use Plan Designation of the affected portion of the Moren property
is Rural Residential. The proposed Land Use Plan Designation is ED - Economic Development
Activity Node.
ORANGE COUNTY ZONING ATLAS AMENDMENTS
1. Z-6-95 I-40/Old NC 86 Economic Development District Expansion
REVISE the Orange County ZONING ATLAS to expand the boundary of the I-40/01d NC 86
Economic Development District (EDD) to include the entirety of lots 4.47.C.7 and 4.45..2E.
Portions of both lots are currently included in the EDD. The additional area proposed to be added
to the district totals about 37 acres. Lot 4.47.c.7, owned by Allen and Sally Addison, is located in
the northwest quadrant of the I-40/Old NC 86 interchange. The portion of the lot proposed to
be included in the EDD is located on the northwest side of Cates Creek, and contains about 33
acres. Lot 4.45..2E, owned by Hugh and Carolyn Moren, is located in the northeast quadrant of
the interchange. The portion of the property proposed to be included in the EDD consists of about
four acres adjacent to Stagecoach Run.
The properties described above are currently zoned R-1 (Rural Residential). The'proposed zoning
EDD - Economic Development District, with a designation of either Primary or Secondary
Development Area.
2. SUP-1-95 Reba and Roses
Non-Residential Mixed Use/Reuse of a Historic Structure is proposed on a 16-acre parcel described
as lot 5.14..21A, located on the northwest corner of Baldwin Road and St. Mary's Road. A
greenhouse/gardening/gift shop currently operates within a structure previously used as a farm
building. A historic residence is also located on the property. Non-residential use of historic
structures is allowed in the AR zoning district with approval of a Class A Special Use Permit by
the Board of Commissioners.
4
ORANGE COUNTY ZONING ORDINANCE TEXT AMENDMENTS
1. Amend SECTION 3.2 (Landscape Design) of the ECONOMIC DEVELOPMENT DISTRICTS
DESIGN MANUAL to eliminate or reduce the requirement for a 100'buffer around the boundary
of an Economic Development District in the following instances: where the district boundary is a
jurisdictional boundary only, and the Economic Development District Design Manual has been
adopted by the neighboring jurisdiction; or where the boundary is formed by a road classified as
a major arterial highway. The Economic Development Districts Design Manual is incorporated by
reference in Article 6.29.3 of the Orange County Zoning Ordinance.
2. Amend ARTICLE 12.3 - LANDSCAPING AND BUFFER REQUIREMENTS (Plan Review and
Approval) to specify that security for landscaping requirements will include installation costs and
that no portion of the letter of credit will be released until all planting is complete.
ORANGE COUNTY SUBDIVISION REGULATIONS TEXT AMENDMENTS
1. Amend SECTION IV-B-8-LANDSCAPING AND BUFFER REQUIREMENTS (Landscape Plan
Review and Approval)to specify that security for landscaping requirements will include installation
costs and that no portion of the letter of credit will be released until all planting is complete.
ORANGE COUNTY FLOOD DAMAGE PREVENTION ORDINANCE
1. REPLACE the Orange County Flood Damage Prevention Ordinance to change various sections as
needed to provide consistency in format and content with the current model ordinance containing
requirements of the Federal Emergency Management Agency(FEMA). Changes in content of the
ordinance include several new definitions, revision of various technical requirements relating to
elevating and/or floodproofmg existing or new structures located within a floodplain,and of revision
plat plan requirements.
The specific text amendments proposed as described in this notice are available for public inspection at the
Orange County Planning Department.
All interested citizens are invited to attend this hearing and be heard. Public comment will be received
during the public hearing. Following the close of the public hearing, only evidence received in writing by
the date of the Planning Board meeting following the public hearing will be considered by the Board of
Commissioners for decision.
Changes may be made in the advertised proposals which reflect debate, objections and discussion at the
hearing.
Questions regarding the proposals may be directed to the Orange County Planning Department located
in the Planning and Agricultural Center, 306F Revere Road, Hillsborough, North Carolina. Office hours
are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call 732-8181 (Hillsborough), 688-
7331 (Durham),967-9251(Chapel Hill-Carrboro) or 227-2031(Mebane/Graham). Please ask for extension
2575 or 2585. You will be directed to a staff member who will answer your questions.
Marvin Collins, Planning Director
PUBLISH: News of Orange Chapel Hill Herald
August 16, 1995 August 17, 1995
August 23, 1995 August 24, 1995
5
PROPOSED ORDINANCE AMENDMENT
ORDINANCE: ZONING ATLAS
ZONING ORDINANCE
REFERENCE: Economic Development District Design Manual
ORIGIN OF AMENDMENT: Staff Planning Board
BOCC X Public
Other:
STAFF PRIORITY RECOMMENDATION: X High Middle Low
Comment:
PUBLIC HEARING DATE: August 28, 1995
PURPOSE: To consider revision of the perimeter boundary of the I-
40/Old NC 86 Economic Development District, and
provisions related to the 100 , perimeter buffer which
applies to all ED Districts.
IMPACTS/ISSUES: On January 17, 1995, the Board of Commissioners
approved a 720-acre EDD in the vicinity of the
I-40/Old NC 86 interchange.
During the public hearing process, major issues of
concern included whether or not certain areas
should be included in the EDD, the boundary
between Primary or Secondary Development Area, and
the width of the buffer required along a portion
of NC 86.
Economic Development District Boundary
One issue concerned whether or not a strip of
properties along NC 86 adjacent to Cornwallis
Hills should be included in the EDD. That issue
was resolved on June 26, 1995, when the Board of
Commissioners included the strip to the EDD and
designated it as Primary Overlay Area.
A second issue concerned two properties which are
located only partially within the EDD. One of
those properties is also split by the boundary
between Primary and Secondary Development Area.
• Hugh Moren, Jr. owns an 87-acre tract located in
the northernmost portion of the northeast
quadrant of the EDD. Almost all of the Moren
property was included in the EDD, with exception
of a small area containing about four acres
6
adjacent to Stagecoach Run. Of the area which
is in the EDD, about one-half is designated as
Primary Development Area, and the other half as
Secondary Development Area. The property owner
requested that the remaining acreage be included
in the EDD, and that the entirety of his
property be designated as Primary I.
• Allen and Sally Ann Addison own a 114-acre
parcel in the northwest quadrant of the EDD.
The portion of the parcel on the east side of
Cates Creek, about 2/3 of the total lot area,
was included in the EDD as Primary Development
Area. The property owner has requested that the
portion of the lot located on the west side of
Cates Creek also be included in the EDD.
The Ordinance Review Committee (ORC) discussed the
proposed boundary changes on July 5, 1995.
With regard to the Addison property, the ORC
recommended that the entirety of the parcel be
included in the EDD as Primary Development Area,
provided that adequate buffering was provided on the
north side of the property. The property to the
north, west of Cates Creek, is currently undeveloped
but may be developed in the future as an expansion of
Cornwallis Hills, at a density of three dwelling units
per acre.
With regard to the Moren property, the ORC recommended
that the remaining area owned by Moren be included in
the EDD, but that Secondary Development Area remain as
a buffer between the Primary Area and existing or
potential residential development to the east. The
ORC did discuss, however, the desirability of
reviewing the boundary between the Primary and
Secondary Development Areas to assure that it was in
a location which allowed for reasonable development of
land within the Secondary Area after taking buffer
requirements into account.
Width of Buffer Along NC 86
Section 3.2 (Landscape Design) of the EDD Design
Manual requires a 100-foot buffer along the perimeter
of the EDD and between Primary and Secondary
Development Areas. (see page 3.2.6 of Design Manual)
Old NC 86 north of Cates Creek forms the eastern
boundary of the EDD because the east side of Old NC 86
is in the jurisdiction of the Town of Hillsborough.
The EDD is very narrow in this area, with a depth of
about 500 feet north of the entrance to Cornwallis
6a
Hills, and a depth of about 300 feet south of the
entrance to Cornwallis Hills.
The attached letter from Tom Horne was received
shortly the EDD was initially adopted, prior to
inclusion of the strip to properties along Old NC 86
in the EDD as Primary Overlay Area. Mr. Horne Is
letter raised the issue of how the buffers affected
development of this narrow portion of the EDD,
particularly corner lots where three sides of the lot
would be subject to a 100' buffer.
• The purpose of the perimeter buffer of 100 ' is to
protect adjacent uses from potential impacts of the
EDD. On May 15, 1995, the Town of Hillsborough
rezoned the area bounded by Old NC 86, Cates Creek
and I-85 to Economic Development District, and has
incorporated the EDD Design Manual into its zoning
ordinance. Old NC 86 in this area forms the
perimeter of the portion of the EDD in Orange
County's jurisdiction, even though identical
regulations are now administered by the Town of
Hillsborough on the east side of Old NC 86. The
application of the perimeter buffer in this area
does not serve the purpose of separating
potentially incompatible uses since similar uses
would be allowed on the opposite side of Old NC 86.
The Planning Staff recommends page 3.2.6 of the
Economic Development District Design Manual be
amended as follows:
. . . . To create transitions between neighborhoods
and areas of differing development intensities,
and separate incompatible land uses, a buffer of
100 feet in width is provided at the boundary of
Economic Development Districts, and between
Primary and Secondary Development Areas within the
districts. The 100-foot wide buffer need not be
provided when:
1 . The adjoining jurisdiction has adopted an
Economic Development District and all of the
following exist:
Al the boundary of an Orange County EDD
corresponds with the boundary of a
Planning jurisdiction of Orange County
and the Planning jurisdiction of another
local government; and
b the land located in the planning
jurisdiction of the local government is
zoned Economic Development District by
6b
that jurisdiction; and
gi the adjoining jurisdiction's Economic
Development District Design Manual is the
same as the Economic Development District
Design Manual of Orange Counnty; and
di the land located in the adjoining
jurisdiction is zoned the same (e.q.
Primary Development , Secondary
Development) as the land located in the
Orange County Economic Development
District.
OR
2. The boundary of the EDD is formed by a road
defined as a major arterial in the Orange
County Comprehensive Plan.
Development of lots which form corners in the EDD
perimeter boundary in the strip north of Cates
Creek could continue to have serious development
constraints even if the buffer along Old NC 86 were
eliminated. These corner lots are indicated on the
attached map. Unlike the lots which front only on
Old NC 86, these lots are adjacent to property
which is zoned for residential use only, and the
intent of the perimeter buffer is to provide
separation between potentially incompatible uses.
The Planning Staff recommends that current
regulations related to exceptions to design
standards continue to apply in the perimeter areas
not adjacent to an EDD. Current regulations
require that reductions in the perimeter buffer be
approved only by the Board of Commissioners through
a Special Use Permit.
7
February 27, 1995
Mr. Marvin Collins
Director of Planning
Orange County Planning Department
306F Revere Road
Hillsborough, NC 27278
Dear Mr. Collins:
As discussed, we would like to have the boundary lines of our
property extended for maximum inclusion within the EDD.
Also, please rezone our entire property as Primary 1 . The
enclosed letter from Charles Davis supports approval by the
adjacent property owner.
Thank you for your assistance and consideration.
Sincer y,
Hugh G. Moren, J
CHARLES W. DAVIS, JR. A. I.A. .
" r c h i t e c t
718 GRAHAM STREET 8
RALEIGH, N. C. 27605
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W.Allen Addison,M.D. P.O. Box 727
Walter L Thomas Professor 3115 Rippy Lane
Division of Gynecologic Specialties Hillsborough, NC 27278
Department of Obstetrics and Gynecology November 28, 19 9 4
Moses Carey, Chair
Orange County Board of Commissioners
P.O. Box 8181
Hillsborough, NC 27278
Dear Mr. Carey:
We appreciate the time and effort which has been directed by
the Commissioners of Orange County and other officials toward
orderly development designed to ultimately benefit the entire
county.
No one would prefer to see the rural atmosphere of Orange
County left entirely undisturbed more than we would. However, with
the Interstate Corridors and the growth of this strategic vicinity,
development will come. It must be carefully nurtured so as to
afford the county clean industry, acceptable commerce and decent
salaries for its citizens. This equates to a worthwhile tax base
for the county. With appropriate care -- as that which seems to be
being exercised -- this can be accomplished without unacceptable
alteration of the environment.
Most of our farm, which we have worked hard to develop and had
hoped to live on indefinitely, has been included in the economic
development district under current consideration. The northwest
corner (shown in red) was excluded, we understand, because the
lines were drawn to follow natural barriers. - After careful recent
personal reconnaissance, we maintain that no significant natural
barrier warrants this. We therefore urgently request that this
area of our property be included in the I-40/Old NC 86 Economic
Development District in order to avoid split use of our property
and the creation of a parcel of land without access.
Sincerely yours,
W. Allen Addison, M.D.
Sally Ann Addison
WP-A:dfd
Box 3296.Durham,North Carolina 127910•Telephone(919)684-4272•FAX(919)681-7483
10
January 31, 1995
Mr;--Marvin Collins, Director
Orange County Planning Department
306-F Revere Road
Hillsborough,NC 27278
Dear Marvin:
As discussed within our conversation earlier this week, I would like to request a review by
the Planning Board of the proposed buffers for the property beginning on Oakdale Drive
and moving South to I-40 on Old NC 86. It is obvious from the decisions made by the
County Commissioners that the original recommendation for assignment of Primary I to
these properties will not be acceptable.
The I-40/Old NC 86 Homeowners Association is working diligently to develop a
compromise utilization of our land that would reflect a conscientious effort to meet the
Planning Board and Commissioners' objectives. However, we would like for your group
to consider a reduction of the buffers, since the original Primary I zone has been deferred.
It is especially important that buffer restrictions for corner lots be explored, since buffers
are required on the front, back, and side. This reduces useable land tremendously without
any compensation. An example would be my property which adjoins the Cornwallis 10s
Subdivision on the South side of the main entrance to the subdivision. It is imperative that
buffer concessions be explored by the Planning Board as a reflection of their joint
commitment to reach a compromise zoning for our land.
Thanks again for your assistance and support in working with our association for
resolution of our concerns.
Sincerely,
Tom Horne
2611 Winningham Road
Chapel Frill,NC 27516
cc: Members, Old 86 NC Homeowners Association
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PROPOSED AMENDMENT 13
DOCUMENT: Zoning Ordinance, Article 12
Subdivision Regulations, Section IV-B-8
REFERENCES: LANDSCAPE AND BUFFER REQUIREMENTS
Article 12 .3 Plan Review and Approval
Section IV-B-8-b Landscape Plan Review and
Approval
ORIGIN OF AMENDMENT: X Staff Planning Board
BOCC Public
Other:
PUBLIC BEARING DATE: August 30, 1995
Purpose of Amendment:
To add language to the landscape and buffer requirements
in the Zoning Ordinance and Subdivision Regulations to
specify that the amount of a financial guarantee for
required landscaping shall include the cost to purchase
plant materials as well as labor costs for installation.
Impacts/ Issues:
Applicants for subdivision and site plan approval often
choose to delay planting required landscaping until the
appropriate season when conditions are suitable. To
record a subdivision plat or obtain a building permit,
the planting must be guaranteed for twelve months with
an approved letter of credit, escrow agreement, or
performance bond.
The amount of the guarantee is based on an estimate
prepared by a nursery operator, landscape contractor,
landscape architect, or other individual qualified to
calculate the cost to complete the required improvements
based on the approved landscape plan. In most cases,
the applicant proposes to install the landscaping
without hiring a contractor to do the work.
The difference in cost between an owner-installed job
and the services of a contractor is approximately 2.5 to
3 times the wholesale plant price. For example, a 5-6-
foot red maple tree may have a wholesale price of $20.
A contractor may charge $50 to $60 to pick up the tree
at the nursery, deliver it to the site, plant it, water
it, provide mulch, pruning, and other maintenance as
necessary. Usually, the contractor's price includes a
guarantee to replace the tree during a specific time
period, generally one year or until the tree is
established.
In the event the County had to obtain funds guaranteed
14
by a bond, letter of credit, or escrow agreement, the
landscape improvements could only be completed if the
funds included labor costs as well as the cost of the
plant materials.
The proposed amendment to the landscape regulations
makes explicit the intent of the financial guarantee to
cover the cost to purchase and install required land-
scaping, that is, to include labor costs.
Existing and Proposed Text: [proposed text underlined]
Zoning Ordinance, Article 12
12.3 Plan Review and Approval
No building permit shall be issued until the required
landscaping plan has been submitted and approved., and
-allo certificate of occupancy shall be issued until the
landscaping is completed as certified by an on-site
inspection by the Zoning Officer, unless a performance
bond, letter of credit, or escrow agreement as a
guarantee of improvements has been posted.
The financial guarantee shall be accompanied by an
estimate of the cost to purchase and install the
required landscaping. The amount of the bond, letter
of credit, or escrow agreement shall be 110 percent of
the estimate.
Subdivision Regulations, Section IV-B-8
IV-B-8-b LANDSCAPE PLAN REVIEW AND APPROVAL
No subdivision shall be approved and no building
permit shall be issued until the required landscape
plan has been submitted and approved. No certifi-
cate of occupancy shall be issued until the land-
scaping according to the approved plan has been
installed inspected and approved by the Orange
County Planning and Inspections Department, unless
a performance bond or other acceptable guarantee of
improvements such as an escrow agreement or letter
of credit has been posted.
15
The financial guarantee shall be accompanied by an
estimate of the cost to purchase and install the
required landscaping. The amount of the bond,
letter of credit, or escrow agreement shall be 110
percent of the estimate.
ORDINANCE REVIEW COMMITTEE: 7/5/95
PLANNING BOARD:
BOCC:
16
PROPOSED ORDINANCE AMENDMENT
ORDINANCE: FLOOD DAMAGE PREVENTION ORDINANCE
REFERENCE:
ORIGIN OF AMENDMENT: Staff Planning Board
BOCC Public
x Other: FEMA
STAFF PRIORITY RECOMMENDATION: _x High Middle Low
PUBLIC HEARING DATE: August 28, 1995
PURPOSE OF AMENDMENT: To consider replacement of the Flood Damage
Prevention Ordinance.
IMPACTS/ISSUES: The National Flood Insurance Program (NFIP) is a federal
program administered by the Federal Emergency Management
Agency (FEMA) which enables property owners to purchase
insurance protection against losses from flooding. It is
designed to provide an insurance alternative to disaster
assistance. Participation in the NFIP is based on an
agreement between local communities and the federal
government which states that if a community will implement
and enforce measures to reduce future flood risks to new
construction in special flood hazard areas, the federal
government will make flood insurance available within the
community.
Flood insurance may be made available only in those areas
where the appropriate public body has adopted adequate
floodplain management regulations within its flood-prone
areas. Community participation in the program is not
mandatory, however, if a Presidential-declared disaster
due to flooding occurs in a non-participating community,
then no federal financial assistance can be provided for
repair or reconstruction of insurable buildings.
Orange County began participation in the NFIP on March 2,
1991, by adopting the Orange County Flood Damage
Prevention Ordinance. The Ordinance has been amended
periodically to maintain consistency with requirements of
the NFIP.
On June 21, 1995, a representative of the North Carolina
Division of Emergency Management met with Planning and
Inspections Staff for a NFIP Community Assistance Visit.
Community Assistance Visits are conducted periodically
with each participating community. The purpose of the
meetings is to provide technical assistance to the
community and to provide an opportunity to assess the
effectiveness of the community's floodplain ordinance and
its management practices. Orange County's zoning,
17
subdivision, and other regulations exceed requirements of
the NFIP in that development within floodplains is not
allowed, even if the structure is elevated or floodproofed
in accordance with NFIP requirements.
The Planning Staff was, however, provided with a model
ordinance for use by local jurisdictions, which includes
some changes since the last update to the Flood Damage
Prevention Ordinance in 1991. The text of the model
ordinance is for the most part the same as that found in
the Orange County Flood Damage Prevention Ordinance,
although the County ordinance is organized and numbered
differently.
The changes in the model ordinance which are considered by
FEMA to be substantive in nature include the following:
1) addition of several new definitions;
2) revision of several definitions related to the
expansion, renovation and improvement of existing
structures or facilities to establish a limit above
which such changes must meet current requirements; and
3) revision of various technical requirements relating to
elevating and/or flood-proofing existing or new
structures located within the floodplain.
4) revision of plot plan requirements.
Because the provisions of the zoning ordinance,
particularly those applicable to watershed protection
overlays, are considerable more restrictive than FEME
requirements, the changes will have little or no impact on
development, but will assure technical consistency with
FEMA regulations.
The Planning Staff recommends that the existing Flood
Damage Prevention Ordinance be replaced with the new model
ordinance in order to assure consistency in content and
format with the National Flood Insurance Program technical
requirements.
(Since the Zoning Ordinance now applies to all of Orange
County's planning jurisdiction, the requirements of the
NFIP could be included in the Zoning Ordinance rather than
in a freestanding Flood Damage Prevention Ordinance.
Inclusion of these provisions in the Zoning Ordinance,
which would allow for the elimination of the FDPO as a
separate Ordinance, will be undertaken in the future
during the process of creating a Unified Development
Ordinance. Replacement of the FDPO rather than
incorporation of its provisions into the Zoning Ordinance
is proposed at this time due to FEMA deadlines for
adoption of amendments, which require that the proposed
amendments be presented for public hearing as soon as
possible..)
18
PROPOSED ORDINANCE
FLOOD DM1AGE PREVENTION ORDINANCE
ARTICLE 1. STATUTORY AUTHORIZATION,FINDINGS OF FACT,PURPOSE AND
OBJECTIVES.
SECTION A. 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 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:
SECTION B. FINDINGS OF FACT.
(1) The flood hazard areas 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.
(2) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases
in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or
hazardous to other lands which are inadequately elevated, floodproofed, or otherwise unprotected from
flood damages.
SECTION C. STATEMENT OF PURPOSE.
It is the purpose of this ordinance to promote the public health, safety, and general welfare and to
minimise public and private losses due to flood conditions in specific areas by provisions designed to:
(1) 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 or in flood heights or velocities;
(2) require that uses vulnerable to floods,including facilities which serve such uses,be protected against
flood damage at the time of initial construction;
(3) control the alteration of natural floodplains,stream channels,and natural protective barriers which
are involved in the accommodation of flood waters;
(4) control filling, grading, dredging, and other development which may increase erosion or flood
damage; and,
(5) prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or
which may increase flood hazards to other lands.
SECTION D. OBJECTIVES.
The objectives of this ordinance are:
(1) to protect human life and health;
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(2) to minimize expenditure of public money for costly flood control projects;
(3) to mi tee the need for rescue and relief efforts associated with flooding and generally undertaken
at the expense of the general public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and utilities such as water and gas mains, electric,telephone
and sewer lines, streets, and bridges located in floodplains;
(6) to help maintain a stable tax base by providing for the sound use and development of flood prone
areas in such a manner as to minimise flood blight areas; and,
(7) to insure that potential home buyers are notified that property is in a flood area.
ARTICLE 2. DEFMITIONS.
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" means structures which are 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 buildine)"means an extension or increase in the floor area or height of a building
or structure. Additions to existing buildings shall comply with the requirements for new construction,
unless the addition,renovation or reconstruction to any building,that was constructed prior to the initial
Flood Insurance Study for that area, and the addition, renovation or reconstruction does not equal 50%
of the present market value of the structure. Where a fire wall is provided between the addition and the
existing building, the addition(s) shall be considered a separate building and must comply with the
standards for new construction.
"Appeal"means a request from a review of the local administrator's interpretation of any provision of this
ordinance.
"Area of shallow floodind'means a designated AO or VO Zone on a community's Flood Insurance Rate Map
(FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
"Area of special flood hazard"is the land in the floodplain within a community subject to a one percent or
greater chance of being flooded in any given year.
"Base flood"means the flood having a one percent chance of being equaled or exceeded in any given year.
"Basement" means that lowest level or story which has its floor subgrade on all sides.
"Breakaway wall" means a wall that is not part of the structural support of the building and is intended
through its design and construction to collapse under specific lateral loading forces without causing damage
to the elevated portion of the building or the supporting foundation system. A breakaway wall shall have
a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. A wall
with loading resistance of more than 20 pounds per square foot requires a professional engineer or
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architect's certificate.
"B means any structure built for support, shelter, or enclosure for any occupancy or storage.
"Development" means any man-made 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.
"Elevated buildind'means a non-basement building(a)built,in the case of a building in Zones Al-A30,AE,
A, A99, A0, AH, B, C, or X to have the top of the elevated floor, above the ground by means of pilings,
columns (posts and piers), shear walls parallel to the flow of water and, (b) adequately anchored so as not
to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In
the case of Zones Al-A30, AE, A, A99, A0, AH, B, C, and X, "elevated building" also includes a building
elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the
unimpeded movement of flood waters.
"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)is completed before (insert
date flood damage prevention ordinance was originally adopted.)
"Expansion to an existing manufactured home park or subdivision"means the preparation of the additional
sites by the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including the installation of utilities, the construction of streets, and either final site grading or
the pouring of concrete slabs).
"Flood"or"floo ' means a general and temporary condition of partial or complete inundation of normally
dry land areas from:
(1) the overflow of inland or tidal waters; and,
(2) the unusual and rapid accumulation of runoff of surface waters from any source.
"Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Federal
Emergency Management Agency, where the boundaries of the areas of special flood hazard have been
defined as Zone A.
"Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Federal
Emergency Management Agency has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
"Flood Insurance Study" is the official report provided by the Federal Emergency Management Agency.
The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface
elevation of the base flood.
"Floodwa 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 foot.
"Floor" means the top surface of an enclosed area in a building (including basement), i.e., top of slab in
concrete slab construction or top of wood flooring in wood frame construction. The term does not include
the floor of a garage used solely for parking vehicles.
"Functionally dependent facility" means a facility which cannot be used for its intended purpose unless it
is located or carried out in close proximity to water, such as a docking or port facility necessary for the
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loading and unloading of cargo or passengers,shipbuilding,ship repair,or seafood processing facilities.The
term does not include long-term storage, manufacture, sales, or service facilities.
"Highest Adiacent Grade"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: (a)listed individually in the National Register of Historic
Places (a listing maintained by the US Department of Interior) or preliminarily determined by the
Secretary of Interior as meeting the requirements for individual listing on the National Register; (b)
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; (c)individually listed on a State inventory of historic places; (d)individually
listed on a local inventory of historic places in communities with historic preservation programs that have
been certified(1)by an approved state program as determined by the Secretary of Interior, or(2) directly
by the Secretary of Interior in states without approved programs.
"Levee" means a man-made structure, usually an earthen embankment, designed and constructed in
accordance with sound engineering practices to contain,control,or divert the flow of water so as to provide
protection from temporary flooding.
"Levee System" means a flood protection system which consists of a levee, or levees, and associated
structures, such as closure and drainage devices, which are constructed and operated in accordance with
sound engineering practices.
"Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished
or flood resistant enclosure, usable solely for parking of vehicles, building access, or 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".
"Manufactured home nark or subdivision"means a parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
"Mean Sea Level" means the average height of the sea for all stages of the tide. It is used as a reference
for establishing various elevations within the floodplain. For purposes of this ordinance, the term is
synonymous with National Geodetic Vertical Datum (NGVD).
"National Geodetic Vertical Datum(NGVD)"as corrected in 1929 is a vertical control used as a reference
for establishing varying elevations within the floodplain.
"New construction" means structures for which the "start of construction" commenced on or after the
effective date of this ordinance and includes any subsequent improvements to such structures.
"New manufactured home Dark or 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 awed
(including at a minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete slabs) is completed on or after
(insert date flood damage prevention ordinance was originally adopted)
"Nonconforming building or use"means any legally existing building or use which fails to comply with the
provisions of the ordinance.
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"Recreational vehicle" means a vehicle which is: (a) built on a single chassis; (b) 400 square feet or less
when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently
towable by a light duty truck; and, (d) designed primarily not for use as a permanent dwelling, but as
temporary living quarters for recreational, camping, travel, or seasonal use.
"Reference feature" is the receding edge of a bluff or eroding frontal dune or, if such a feature is not
present,the normal high water line or the seaward line of permanent vegetation if high-water line cannot
be identified.
"Remedy a violation"means to bring the structure or other development into compliance with State or local
floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance.
Ways that impacts may be reduced include protecting the structure or other affected development from
flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future
similar violations, or reducing Federal financial exposure with regard to the structure or other
development.
"Start of construction" (for other than new construction or substantial improvements under the Coastal
Barrier Resources Act (P.L. 97-348), includes substantial improvement, and means the date the building
permit was issued,provided the actual start of construction,repair,reconstruction,rehabilitation,addition,
or improvement was within 180 days of the permit date. The actual start means 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, for floodplain management purposes, a walled and roofed building, a manufactured
home, including a gas or liquid storage tank, or other man-made facilities or infrastructures that are
principally above ground.
"Substantial damage" means damage of any origin sustained by a structure 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 improvement"means any repair,reconstruction,rehabilitation,addition,or other improvement
of a structure,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: (1) any project of improvement of a structure to correct existing violations of State or local health,
sanitary, or safety code specifications which have been identified by the local code enforcement official and
which are the minimum necessary to assure safe living conditions; or, (2) any alteration of a historic
structure,provided that the alteration will not preclude the structure's continued designation as a historic
structure.
"Substantially improved eying manufactured home nark or subdivision" means where the repair,
reconstruction,rehabilitation or improvement of the streets,utilities and pads equals or exceeds 50 percent
of the value of the streets,utilities and pads before the repair,reconstruction,or improvement commenced
"Variance" is a grant of relief to a person from the requirements of this ordinance which permits
construction in a manner otherwise prohibited by this ordinance where specific enforcement would result
in unnecessary hardship.
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"Violation" means the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance required in Articles 4 and 5 is presumed
to be in violation until such time as that documentation is provided.
ARTICLE 3. GENERAL PROVISIONS.
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES.
This ordinance shall apply to all areas of special flood hazard within the jurisdiction of Orange County
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD.
The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood
Insurance Study, dated March 16, 1981, with accompanying maps and other supporting data, and any
revision thereto are adopted by reference and declared to be a part of this ordinance.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT.
A Development Permit shall be required in conformance with the provisions of this ordinance prior to the
commencement of any development activities.
SECTION D. COMPLIANCE.
No structure or land shall hereafter be located, extended, converted, or structurally altered without full
compliance with the terms of this ordinance and other applicable regulations
SECTION E. 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 another conflict or overlap,whichever imposes the more
stringent restrictions shall prevail.
SECTION F. INTERPRETATION.
In the interpretation and application of this ordinance all provisions shall be: (1) considered as minimum
requirements; (2) liberally construed in favor of the governing body; and, (3) deemed neither to limit nor
repeal any other powers granted under state statutes.
SECTION G. WARNING AND DISCLARVIER 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.
Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land
outside the areas of special flood hazard 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.
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SECTION H. 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 misdemeanor. Any person who violates this ordinance or fails to comply with
any of its requirements shall,upon conviction thereof, be fined not more that$50.00 or imprisoned for not
more than 30 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.
ARTICLE 4. ADMINISTRATION.
SECTION A. DESIGNATION OF LOCAL ADMINISTRATOR.
The Zoning Officer is hereby appointed to administer and implement the provisions of this ordinance.
SECTION B. DEVELOPMENT PERMIT AND CERTIFICATION REQUIREMENTS.
Application for a Development Permit shall be made to the local administrator on forms furnished by him
or her prior to any development activities. The Development Permit may include, but not be limited to,
plans in duplicate drawn to scale showing. the nature, location, dimensions,and elevations of the area in
question; existing or proposed structures; and the location of fill materials, storage areas, and drainage
facilities. Specifically, the following information is required:
(1) A plot plan that shows the 100 year floodplain contour or a statement that the entire lot is within
the floodplain must be provided by the development permit applicant when the lot is within or
appears to be within the floodplain as mapped by the Federal Emergency Management Agency or
the floodplain identified pursuant to either Article 4, Section C(10) or Article 5 Sections C and D.
The plot plan must be prepared by or under the direct supervision of a registered land surveyor or
professional engineer and certified by same.
(2) The plot plan required by Article 4, Section B(1) must show the floodway, if any, as identified by
the Federal Emergency Management Agency or the floodway identified pursuant to either Article
4, Section C(10) or Article 5, Section C.
(3) Where base flood elevation data is provided as set forth in Article 3 Section B, or Article 4, Section
C(10), the application for a Development Permit within the flood hazard area shall show:
(a) the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new
and substantially improved structures, and
(b) if the structure has been floodproofed in accordance with Article 5, Section B(2), the elevation
(in relation to mean sea level) to which the structure was floodproofed.
(4) Where the base flood elevation data is not provided,the application for a development permit must
show construction of the lowest floor at least 2 feet above the highest adjacent grade.
(5) Where any watercourse will be altered or relocated as a result of proposed development, the
application for a development permit shall include: 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 showing the location of the proposed watercourse alteration or relocation.
(6) When a structure is floodproofed, the applicant shall provide a certificate from a registered
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professional engineer or architect that the non- residential floodproofed structure meets the
floodproofing criteria in Article 5, Section B(2).
(7) A floor elevation or floodproofing certification is required after the lowest floor is completed Within
twenty-one (21) calendar days of establishment of the lowest floor elevation, or floodproofing by
whatever construction means, whichever is applicable, it shall be the duty of the permit holder to
submit to the local administrator a certification of the elevation of the lowest floor, or floodproofed
elevation, whichever is applicable, as built, in relation to mean sea level. Said certification shall be
prepared by or under the direct supervision of a registered land surveyor or professional engineer
and certified by same. When flood-proofing is utilized for a particular building, said certification
shall be prepared by or under the direct supervision of a professional engineer or architect and
certified by same. Any work done within the twenty-one (21) day calendar period and prior to
submission of the certification shall be at the permit holder's risk. The local administrator shall
review the floor elevation survey data submitted Deficiencies detected by such review shall be
corrected by the permit holder immediately and prior to further progressive work being permitted
to proceed Failure to submit the survey or failure to make said corrections required hereby shall
be cause to issue a stop-work order for the project.
SECTION C. DUTIES AND R.ESPONSIBII.ITEES OF THE LOCAL ADMINISTRATOR.
Duties of the local administrator shall include, but not be limited to:
(1) Review all development permits to assure that the requirements of this ordinance have been
satisfied
(2) Advise permittee that additional Federal or State permits may be required, and if spec Federal
or State permits are known,require that copies of such permits be provided and maintained on file
with the 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 National Flood Insurance
Program prior to any alteration or relocation of a watercourse, and submit evidence of such
notification to the Federal Emergency Management Agency.
(4) Assure 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 unless the certification and flood hazard reduction
provisions of Article 5 are met.
(6) Obtain actual elevation (in relation to mean sea level) of the lowest floor (including basement) of
all new or substantially improved structures, in accordance with Article 4, Section B(7).
(7) Obtain the actual elevation (in relation to mean sea level) to which the new or substantially
improved structures have been floodproofed, in accordance with Article 4, Section B(7).
(8) When floodproofing is utilized for a particular structure, obtain certifications from a registered
professional engineer or architect in accordance with Article 5, Section B(2).
(9) Where interpretation is needed as to the exact location of boundaries of the area of special flood
hazard (for example, where there appears to be a conflict between a mapped boundary and actual
fleld 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 this
article.
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(10) When base flood elevation data or floodway data has not been provided in accordance with Article
3, Section B, obtain,review,and reasonably utilize any base flood elevation data and floodway data
available from a Federal, State, or other source, including data developed pursuant to Article 5,
Section D(4), in order to administer the provisions of this ordinance.
(11) When the exact location of boundaries of the areas special flood hazards 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. A copy of the Letter of Map Amendment issued
from FEMA will be maintained by the local administrator in the permit file.
(12) Make on-site inspections of projects in accordance with Article 4, Section D.
(13) Serve notices of violations, issue stop-work orders, revoke permits and take corrective actions in
accordance with Article 4, Section D.
(14) Maintain all records pertaining to the administration of this ordinance and make these records
available for public inspection.
SECTION D. ADMINISTRATIVE PROCEDURES.
(1) Inspections of Work in Progress: As the work pursuant to a permit progresses, the local
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 administrator has a right, upon presentation of proper credentials, to
enter on any premises within the territorial jurisdiction at any reasonable hour for the purposes of
inspection or other enforcement action.
(2) Stop-Work Orders: Whenever a building or part thereof is being constructed, reconstructed,
altered, or repaired in violation of this ordinance, the 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. The stop-work order shall state the specific work to be stopped, the specific reasons for the
stoppage,and the conditions under which the work may be resumed. Violation of a stop-work order
constitutes a misdemeanor.
(3) Revocation of Permits: The local administrator may revoke and require the return of the
development permit by notifying the permit holder in writing stating the reason 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 permit mistakenly issued
in violation of an applicable State or local law may also be revoked.
(4) Periodic Inspections: The local administrator and each member of his 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.
(5) Violations to be Corrected: When the local administrator finds violations of applicable State and
local laws,it shall be his 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 in the property he owns.
(6) 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 administrator shall give him written notice, by certified
or registered mail to his last known address or by personal service,
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(a) that the building or property is in violation of the Flood Damage Prevention Ordinance;
(b) that a hearing will be held before the local administrator at a designated place and time, not
later than 10 days after the date of the notice, at which time the owner shall be entitled to
be heard in person or by counsel and to present arguments and evidence pertaining to the
matter; and,
(c) that following the hearing, the local administrator may issue such order to alter, vacate, or
demolish the building, or to remove fill as appears appropriate.
(7) Order to Take Corrective Action If,upon a hearing held pursuant to the notice prescribed above,
the administrator shall find that the building or development is in violation of the Flood Damage
Prevention Ordinance, he shall make an order in writing to the owner, requiring the owner to
remedy the violation within such period, not less than 60 days, the administrator may prescribe;
provided that where the administrator finds that there is imminent danger to life or other property,
he may order that corrective action be taken in such lesser period as may be feasible.
(8) A=eal: Any owner who has received an order to take corrective action may appeal from the order
to the local elected governing body by giving notice of appeal in writing to the administrator and the
clerk within 10 days following issuance of the final order. In the absence of an appeal, the order
of the administrator shall be final. The local governing body shall hear an appeal within a
reasonable time and may affirm, modify and affirm, or revoke the order.
(9) 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 shall be guilty of a misdemeanor and shall be punished
in the discretion of the court.
SECTION E. VARIANCE PROCEDURES.
(1) The Board of Adjustment as established by Orange County shall hear and decide requests for
variances from the requirements of this ordinance.
(2) Any person aggrieved by the decision of the appeal board or any taxpayer may appeal such decision
to the Court, as provided in Chapter 7A of the North Carolina General Statutes.
(3) Variances may be issued for the repair of 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 applications, 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 hVury 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 community;
(e) the necessity to the facility of a waterfront location, where applicable;
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(f) the availability of alternative locations, not subject to flooding or erosion damage, for the
proposed use;
(p) the compatibility of the proposed use with existing and anticipated development;
(h) the relationship of the.proposed use to the 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; and,
(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.
(5) The findings listed above shall be submitted to the appeal board, in writing, and included in 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 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 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;and, (iii)
a determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety,extraordinary public expense,create nuisance,cause fraud
on or victimization of the public, or conflict with existing local laws or ordinances.
(d) Any applicant to whom a variance is granted shall be given written notice specifying the
difference between the base flood elevation 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 lowest floor elevation. Such notification shall be
maintained with a record of all variance actions.
(e) The local administrator shall maintain the records of all appeal actions and report any
variances to the Federal Emergency Management Agency upon request.
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ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION.
SECTION A. GENERAL STANDARDS,
In all areas of special flood hazard the following provisions are required:
(1) All new construction and substantial improvements shall be anchored to prevent flotation,collapse,
or lateral movement of the structure;
(2) All new construction and substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage;
(3) All new construction or substantial improvements shall be constructed by methods and practices
that minimize flood damages;
(4) Electrical,heating,ventilation,plumbing,air conditioning equipment,and other service facilities shall
be designed and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding
(5) All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood waters;
(7) On-site waste disposal systems shall be located and constructed to avoid impairment to them or
contamination from them during flooding and,
(8) Any alteration, repair, reconstruction, or improvements to a structure which is in compliance with
the provisions of this ordinance,shall meet the requirements of"new construction"as contained in
this ordinance.
(9) Non-Conforming Buildings or Uses. Non-conforming buildings or uses may not be enlarged,
replaced,or rebuilt unless such enlargement or reconstruction is accomplished in conformance with
the provisions of this ordinance. Provided, however, nothing in this ordinance shall prevent the
repair,reconstruction,or replacement of a building or structure eidsting on the effective date of this
ordinance and located totally or partially within the Floodway Zone, provided that the bulk of the
building or structure below base flood elevation in the Floodway Zone is not increased and provided
that such repair, reconstruction, or replacement meets all of the other requirements of this
ordinance.
SECTION B. SPECIFIC STANDARDS.
In all areas of special flood hazard where base flood elevation data has been provided, as set forth in
Article 3, Section B, or Article 4, Section C(10), the following provisions are required:
(1) Residential Construction. New construction or substantial improvement of any residential structure
(including manufactured homes) shall have the lowest floor, including basement, elevated no lower
than two feet above the base flood elevation. Should solid foundation perimeter walls be used to
elevate a structure,openings sufficient to facilitate the unimpeded movements of flood waters shall
be provided.
(2) Non-Residential Construction. New construction or substantial improvement of any commercial,
industrial, or non-residential structure(including manufactured homes)shall have the lowest floor,
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including basement, elevated no lower than two feet above the level of the base flood elevation.
Structures located in A-zones may be floodproofed in lieu of elevation provided that all areas of the
structure below the required 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 registered 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 Article 4, Section B(7).
(3) Manufactured Homes.
(a) Manufactured homes that are placed or substantially improved on sites (i) outside a
manufactured home park or subdivision; (ii) in a new manufactured home park or subdivision;
(iii) in an expansion to an existing manufactured home park or subdivision; or, (iv) in an
existing manufactured home park or subdivision on which a manufactured home has incurred
"substantial damage"as the result of a flood,must be elevated on a permanent foundation such
that the lowest floor of the manufactured home is elevated no lower than feet above
the base flood elevation and be securely anchored to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
(b) Manufactured homes that are to be placed or substantially improved on sites in an existing
manufactured home park or subdivision that are not subject to the provisions of Article 5,
Section B(3a) of this ordinance must be elevated so that the lowest floor of the manufactured
home is elevated no lower than two feet above the base flood elevation, and be securely
anchored to an adequately anchored foundation to resist flotation, collapse, and lateral
movement.
(c) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement.
For the purpose of this requirement, manufactured homes must be anchored to resist
flotation,collapse, or lateral movement in accordance with the Regulations for Mobile Homes
and Modular Housing adopted by the Commissioner of Insurance pursuant to NCGS
143.143.15. Additionally, when the elevation would be met by an elevation of the chassis at
least 36 inches or less above the grade at the sight, the chassis shall be supported by
reinforced piers or other foundation elements of at least equivalent strength. When the
elevation of the chassis is above 36 inches in height an engineering certification is required.
(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 local administrator and
the local Emergency Management coordinator.
(4) Recreational Vehicles. A recreational vehicle is ready for highway use if it is on wheels or jacking
system, is attached to the site only by quick-disconnect type utilities and security devices, and has
no permanently attached additions. Recreation vehicles placed on sites shall either:
(a) be on site for fewer than 180 consecutive days and be fully licensed and ready for highway
use; or
(b) meet the requirements of Article 4, Section B and Article 5, Sections A and B(3).
(5) Elevated Buildin¢s. New construction or substantial improvements of elevated buildings that
include fully enclosed areas that are usable solely for the parking of vehicles, building access or
storage in an area other than a basement and which are subject to flooding shall be designed to
preclude finished living space and be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters.
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(a) Designs for complying with this requirement must either be certified by a professional
engineer or architect or meet the following minimum criteria:
(i) Provide a minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding;
(ii) The bottom of all openings shall be no higher than one foot above grade; and,
(iii) Openings may be equipped with screens,louvers,valves,or other coverings or devices
provided they permit the automatic flow of floodwaters in both directions.
(b) 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).
(c) The interior portion of such enclosed area shall not be partitioned or finished into separate
rooms, except to enclose storage areas.
(6) Temporary Structures. Prior to the issuance of a development permit, for a temporary structure,
the following requirements must be met:
(a) All applicants must submit to the local administrator prior to the issuance of the development
permit a plan for the removal of such structure(s) in the event of a hurricane or flash flood
warning notification. The plan must include the following information:
(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 (Le. 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 insure
the availability of removal equipment when needed; and
(v) designation, accompanied by documentation, of a location outside the floodplain to
which the temporary structure will be moved
(b) The above information shall be submitted in writing to the local administrator for review and
written approval.
(7) Accessory Structure. When accessory structures (sheds, detached garages, etc.) with a value of
$3,000 or less, are to be placed in the floodplain 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 in accordance with Article b, Section A(1);
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(e) Service facilities such as electrical and heating equipment shall be installed in accordance with
Article 5 Section A(4); and
(f) Openings to relieve hydrostatic pressure during a flood shall be provided below base flood
elevation in conformance with Article 5 Section B(5).
(8) Floodways. Located within areas of special flood hazard established in Article 3, Section B, are
areas designated as floodways. The floodway is an extremely hazardous area due to the velocity
of flood waters which carry debris and potential projectiles and has erosion potential. The following
provisions shall apply within such areas:
(a) 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 in accordance with 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
local administrator.
(b) If Article 5, Section BMW is satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of Article 5.
(c) No manufactured homes shall be permitted, except in an existing manufactured home park
or subdivision. A replacement manufactured home may be placed on a lot in an existing
manufactured home park or subdivision provided the anchoring and the elevation standards
of Article 5, Section B(3) are met.
SECTION C. STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD
ELEVATIONS AND/Oft FLOODWAYS.
Located within the areas of special flood hazard established in Article 3, Section B, are small streams
where no base flood data has been provided or where no floodways have been identified. The following
provisions apply within such areas:
(1) No encroachments, including fill,new construction, substantial improvements or new development
shall be permitted within a distance of the stream bank equal to the setback established by the
Coastal Area Management Act (CAMA) regulations. Where no setback is established by CAMA
regulations, the area of no encroachment shall be twenty feet each side from top of bank, unless
certification with supporting technical data by a registered 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 Article 5, Section C(1) is satisfied and base flood elevation data is available from other sources,
all new construction and substantial improvements within such area shall comply with all applicable
flood hazard ordinance provisions of Article 5 and shall be elevated or floodproofed in accordance
with elevations established in accordance with Article 4,Section C(10). When base flood elevation
data is not available from a Federal, State, or other source, the lowest floor, including basement,
shall be elevated at least two (2) feet above the highest adjacent grade.
SECTION D. STANDARDS FOR SUBDIVISION PROPOSALS.
(1) All subdivision proposals shall be consistent with the need to minimise flood damage;
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and
water systems located and constructed to minimise flood damage;
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(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards;
and,
(4) Base flood elevation data shall be provided for subdivision proposals and other proposed
development which is greater than the lesser of fifty lots or five acres.
SECTION E. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES).
Located within the areas of special flood hazard established in Article 3, Section B, are areas designated
as shallow flooding. These areas have special flood hazards associated with base flood depths of one (1)
to three (3) feet where a clearly defined channel does not exist and where the path of flooding is
unpredictable and indeterminate. The following provisions shall apply within such areas:
(1) All new construction and substantial improvements of residential structures shall have the lowest
floor,including basement,elevated to the depth number specified on the Flood Insurance Rate Map,
in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor,
including basement, shall be elevated at least two (2) feet above the highest adjacent grade.
(2) All new construction and substantial improvements of non-residential structures shall-
(a) have the lowest floor,including basement,elevated to the depth number specified on the Flood
Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is
speed,the lowest floor,including basement,shall be elevated at least two(2)feet above the
highest adjacent grade; or,
(b) be completely floodproofed together with attendant utility 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 capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy.
ARTICLE 6. LEGAL STATUS PROVISIONS
SECTION A. EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD
DAMAGE PREVENTION ORDINANCE.
This Ordinance in part comes forward by re-enactment of some of the provisions of the flood damage
prevention ordinance enacted March 2, 1981 as amended,and it is the intention to re-enact and continue
to enforce without interruption of such existing provisions, so that all rights and liabilities that have
accrued thereunder 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
SECTION B. EFFECT UPON OUTSTANDING BUILDING PERMITS.
Nothing herein contained shall require any change in the plans,construction,size or designated use of any
building, structure or part thereof for which a building permit has been granted by the Chief Building
Inspector or his authorized agents before the time of passage of this ordinance; provided, however, that
when construction is not begun under such outstanding permit within a period of sixty (60) days
subsequent to passage of this ordinance,construction or use shall be in conformity with the provisions of
this ordinance.
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SECTION C. EFFECTIVE DATE
This ordinance shall become effective upon adoption.
SECTION D.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 Commissioners of Orange County the day of . 199_.
WITNESS my hand and the official seal of, this the day of , 199_.
Orange County
Clerk to Board of Commissioners
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