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HomeMy WebLinkAboutAgenda - 08-28-1995 - C 3 4 O R A N G E C O U N T Y BOARD OF COMMISSIONERS PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: August 28, 1995 Action Agenda Item # C 3 SUBJECT: FLOOD DAMAGE PREVENTION ORDINANCE TEXT AMENDMENT DEPARTMENT: PLANNING PUBLIC HEARING _X—Yes No ATTACHMENT(S) : INFORMATION CONTACT: Mary Willis Existing FDPO Extension 2583 Proposed FDPO (replacement) TELEPHONE NUMBERS: Hillsborough-732-8181 Durham -688-7331 Mebane -227-2031 Chapel Hill -967-9251 PURPOSE: To receive citizen comment on replacement of the Flood Damage Prevention Ordinance. BACKGROUND: 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, 44 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, 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 substantive changes in the FEMA model ordinance include the following: 1) 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. 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. 45 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. RECOMONDATION: The Planning Staff recommends approval of the proposed amendment. 46 47 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, 4b 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.) Existing 49 FLOOD DAMAGE PREVENTION ORDINANCE ARTICLE 1. STATUTORY AUTHORIZATION,FINDINGS OF FACT,PURPOSE AND OB.TECTIVES 1.1 STATUTORY AUTHORIZATION The Legislature of the State of North Carolina has in Part 6 of Chapter 143 of the North Carolina General Statutes (G.S. Sections 143-215.51 et. seg.) "Floodway Regulation," delegated the responsibility to local governments to regulate the use of areas of special flood hazard consistent with the purposes therewith and for purposes which the State does not regulate either by permit or a formal approval system. Therefore, the Board of County Commissioners of Orange County, North Carolina does ordain as follows: 1.2 FINDINGS OF FACTS (a) The flood hazard areas of Orange County are subject to periodic inundation which results in loss of life, property, health and safety, disruption of commerce and governmental services, extraordinary public expenditures for 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 flood plains 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, flood-proofed, or otherwise protected from flood damage. 1.3 STATE OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (a) restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion or due to flood heights or velocities; (b) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (c) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (d) control filling, grading, dredging and other development which may increase erosion or flood damage; and 1 5 Existing �� (e) prevent or regulate the construction of flood barrier which will unnaturally divert flood waters or which may increase flood hazards to other lands. 1.4 OBJECTIVES (a) to protect human life and health; (b) to minimize expenditure of public money for costly flood control projects; (c) to minimize the need for rescue and relief efforts associated with a flood and general public; (d) 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; (e) 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 minimize future flood blight areas; and (f) to insure that potential home buyers are notified that property is in a flood area. ARTICLE 2. DEFINITIONS (AMENDED 2-19-91) 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. "Addition (to an existing b_ ilk" means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction. "Appul" means a request from a review of the Zoning Officer's interpretation of any provision of this ordinance. "Area of Shallow Flooding" means a designated AO or VO Zone on a community's Flood Insurance Rate Map ( MNI) 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 equaled or exceeded in any given year. "Artificial obstruction" means any obstruction, which is not a natural obstruction, including any which, while not a significant obstruction in itself, is capable of accumulating debris and, 1) Existing 51 thereby, reducing the flood-carrying capacity of the stream. "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year, also known as the 100-year flood. "Basement" means the 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 architect's certificate. "Building" means any structure 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 Building" means a non-basement building (a) built, in the case of a building in Zones Al-A30, AE, A, A99, AO, AH, B, C, or X to have the top of the elevated floor, or in the case of a building in Zones V1-V30, VE, or V to have the bottom of the lowest horizontal structure member of the elevated floor above the ground 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, AO, 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. In the case of Zones Vl-V30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the area below is enclosed by means of breakaway walls if the breakaway walls meet the standards of Article 5, Section B(5) of this ordinance. "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 the effective date of this ordinance. "Expansion to an Existing Manufactured Home Park or Subdivision" means the preparation of 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 "Flooding" 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, Existing (2) the unusual and rapid accumulation of runoff of surface waters from any source. "Flood Hazard Boundary Man (FHM)" 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 MaR (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 Stud v" 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. "Fl w " 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 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 Adjacent 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 the 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 the 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. "Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or floor resistant enclosure, usable solely for parking of vehicles, building access, or I Existing - 5.3 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 is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". "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. "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 Park 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 affixed (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 the effective date of this ordinance. "Non-Conforming Building or Use" means any legally existing building or use which fails to comply with the provisions of the ordinance. "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. "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 non-compliance. 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 (Public Law 97-348)), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, r Existing r J 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, the 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 of 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. " " means a water course that collects surface runoff from an area of one square mile or greater. "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 fifty 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 for 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. "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. "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 violations until such time as that documentation is provided. Existing ARTICLE 3. GENERAL PROVISIONS 3.1 LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special flood hazard within the jurisdiction of Orange County. 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Insurance Administration through a scientific and engineering report entitled "Flood Insurance Study for Orange County, North Carolina, Unincorporated Areas" dated September 16, 1980, with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps and any revision thereto are hereby adopted by reference and declared to be a part of this ordinance. ARTICLE 4. PROVLSIONS FOR FLOOD HAZARD REDUCTION 4.1 ARTIFICIAL OBSTRUCTIONS WITHIN FLOODWAYS PROHIBITED (a) No artificial obstructions may be located within the floodway of any stream, except as provided by this ordinance. No damageable portion of a structure located outside the floodway may be below the elevation what would be attained by the base flood if the stream were contained within the floodway. 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. (AMENDED 1-3-89) (b) Artificial obstructions existing in a floodway or floodway fringe on the effective date of this ordinance shall not be considered to be in violation of this ordinance. However, they may not be enlarged or replaced in part or in whole, without a permit, as provided by this ordinance. 4.2 PERMISSIBLE USES WITHIN FLOODWAYS The following uses may be made of floodways as a matter of right. Provided, however, all other permits and authorizations required by law, federal, state or local, shall be required by the Zoning Officer for any use of land in the floodway as provided in Article 5, Section 5.3 of this ordinance. (a) general farming, pasture, outdoor plant nurseries, horticulture forestry, wildlife sanctuary, game farm, and other similar agricultural, wildlife and related uses; (b) ground level loading areas, parldng areas, rotary aircraft ports and other similar ground level area uses; 51 Existing (c) lawns, gardens, play areas and other similar uses; (d) golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, hiking or horseback riding trails, open space and other similar private and public recreational uses. [AMENDED 4-27-81 TO REMOVE SUB-SECTION 4.2 (e)] 4.3 CONSTRUCTION WITHIN FLOODWAY AND FLOODWAY FRINGE RESTRICTED (AMENDED 4-22-86) (a) No structure may be constructed and no substantial improvement of an existing structure may take place within any floodway. (b) No new residential structure may be constructed and no substantial improvement of a residential structure may take place within any floodway fringe unless the lowest floor, including basement, is elevated to or above the base flood elevation. (c) For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: 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 shall be provided; the bottom of all openings shall be no higher than one foot above grade; openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (d) No new non-residential structure may be constructed and no substantial improvement of a non-residential structure may take place within any floodway fringe unless the lowest floor (including basement) of the structure or improvement is elevated above the base flood elevation or flood-proofed so that below the base flood level the structure, together with attendant utility and sanitary facilities, is water tight with walls substantially impermeable to the passage of water, will prevent water from entering or accumulating during conditions of flooding, and is capable of resisting hydrostatic of hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this section are satisfied and that flood-proofing methods used are adequate to withstand flood forces associated with the base flood. Such certification shall be provided to the Zoning Officer as set forth in Article 5.3 (g). (e) Whenever any portion of the floodway or floodway fringe is filled in with dirt, slopes shall be adequately stabilized to withstand the erosive force of the base a Existing flood. 4.4 WATER SUPPLY AND SANITARY SEWER SYSTEMS IN FLO DWAY AND FLOODWAY FRINGE Whenever any portion of a proposed development is located within a floodway or floodway fringe the agency or agencies responsible for certifying to the County the adequacy of the water supply and sewage disposal systems for the development shall be informed by the developer that a specified area within the development lies within a floodway or floodway fringe. Thereafter, approval of the proposed system by that agency shall constitute a certification that: (a) such water supply system is designed to minimize or eliminate infiltration of flood waters into it; (b) such sanitary sewer system is designed to eliminate infiltration of flood waters into it and discharges from it into flood waters; (c) any on-site sewage disposal system is located to avoid impairment to it or contamination from it during flooding. 4.5 MANUFACTURED HOMES (AMENDED 2-19-91) a. Manufactured homes that are placed or substantially improved within Zones Al-A30, AH, and AE on sites (a) outside a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or, (d) 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 to or 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 placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones Al-A30, AH, and AE that are not subject to the provisions of Article 5, Section B(3a) of this ordinance must be elevated so that either (i) the lowest floor of the manufactured home is elevated to or above the base flood elevation, or (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement. C. An evacuation plan must be developed for evacuation of all residents of a manufactured home park or subdivisions located within flood prone areas and Existing 5S filed with and approved by the county or local Emergency Management Coordinator. 4.6 SPECIAL PROVISIONS FOR SUBDIVISIONS (a) An applicant for final plat approval of a subdivision shall be informed by the Planning Department of the use and construction restrictions contained in Article 4, Sections 4.1 thru 4.5 if any portion of the land to be subdivided lies within the floodway or floodway fringe. (b) The final plat of any subdivision containing land that lies within a floodway or floodway fringe may not be approved unless the plat shows the boundary of the floodway or floodway fringe and any lots created by the plat partly or wholly within the floodway or floodway fringe area are clearly labeled: "Use of land within a floodway or floodway fringe is substantially restricted by the Orange County Flood Damage Prevention Ordinance." ARTICLE 5. ADNIINISTRATION 5.1 PERMITS REQUIRED (a) Permits shall be required for all development in conformance with the provisions of this ordinance. The granting of a permit under the provisions of this ordinance shall in no way affect any other type of approval required by any other statue or ordinance of the State or any political subdivision of the state, or of the United States, but shall be construed as an added requirement. (b) No permit for the construction of any structure to be located within a floodway or floodway fringe shall be granted unless the applicant has first obtained the permit required by this ordinance. 5.2 DESIGNATION OF ZONING OFFICER The Zoning Officer is hereby appointed to administer and implement the provisions of this ordinance. 5.3 DUTIES AND RESPONSIBTi.PTiFr$ OF THE ZONING OFFICER (AMENDED 4-22-86) Duties of the Zoning Officer shall include, but not be limited to: (a) Review all applications for building permits and grading permits to assure that the requirements of this ordinance have been satisfied. (b) Advise permittee that additional federal or state permits may be required, and if specific federal and state permits are known, require that copies of such permits Existing C be provided and maintained on file with the development permit. (c) Notify adjacent communities and the North Carolina Department of Natural Resources and Community Development prior to any alteration or relocation of a stream, and submit evidence of such notification to the Federal Insurance Administration. (d) Assure that maintenance is provided within the altered or relocated portion of said stream so that the flood carrying capacity is not diminished. (e) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures. (f) Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood- proofed. (g) When flood-proofing is utilized for a particular structure, the Zoning Officer shall obtain certification from a registered professional engineer or architect that the non-residential flood-proofed structure meets the flood-proofing criteria in Article 4 Section 4.3(c). (h) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Zoning Officer shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this ordinance. (i) When base flood elevation data has not been provided in accordance with Article 3, Section 3.2, the Zoning Officer shall obtain, review and reasonably, utilize any base flood elevation and floodway data from a federal, state or other source, in order to administer the provisions of this ordinance. (j) All records pertaining to the provisions of this ordinance shall be maintained in the office of the Zoning Officer and shall be open for public inspection. 5.4 PERMIT PROCEDURES FOR STRUCTURES TO BE LOCATED IN THE FLOODWAY AND FI.00DWAY FRINGE (AMENDED 4-22-86) Application for a permit shall be made to the Zoning Officer. Information requested on the application shall include all information as provided for on a building permit. In addition the following shall be required: (a) Plot plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question. c Existing (b) Existing or proposed structures, fill storage of materials, drainage facilities, and the location of the foregoing. (c) Elevation in relation to mean sea level of the lowest floor (including basement) of all structures. (d) Elevation in relation to mean sea level to which any non-residential structure has been flood-proofed. (e) A certificate from a registered professional engineer or. architect that a non-residential flood-proofed structure meets the flood-proofing criteria in Article 4, Section 4.3(c). (f) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (g) Provision of a floor elevation or flood-proofing certification after the lowest floor is completed. Within twenty-one calendar days of establishment of the lowest floor elevation, or flood-proofing by whatever construction means, it shall be the duty of the permit holder to submit to the Zoning Officer a certification of the elevation of the lowest floor or flood-proofed 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 day calendar period and prior to submission of the certification shall be at the permit holder's risk. The Zoning Officer 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. 5.5 V CE PROCED F_R (a) The Board of Adjustment is hereby authorized by the Orange County Board of Commissioners to hear and decide appeals and requests for variances from the requirements of this ordinance. (b) The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Zoning Officer in the enforcement or administration of this ordinance. (c) Every final decision granting or denying a permit under this ordinance shall be subject to review as provided in N.C. Gen. Stat.-Section 143-215.57(c). (d) In passing upon an appeal or request for variance, the Board of Adjustment shall Existing 6 � consider all technical evaluations, all relevant factors, and standards specified in other sections of this ordinance, and: (1) the danger that materials may be swept onto other lands to the injury of others; (2) the danger to life and property due to flooding or erosion damage; (3) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) the importance of the services provided by the proposed facility to the community; (5) the necessity to the facility of a waterfront location, where applicable; (6) the availability of alternative'locations, not subject to flooding or erosion damage, for the proposed use; (7) the compatibility of the proposed use with existing and anticipated development; (8) the relationship of the proposed use to the comprehensive plan and floodplain management program for the area; (9) the safety of access to the property in times of flood for ordinary and emergency vehicles; (10) 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. (e) Upon consideration of the factors listed above and purposes of this ordinance, the Board of Adjustment may attach such conditions to the granting of a variance as it deems necessary to further the purposes of this ordinance. (f) Conditions of Variances (1) A variance shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief and shall not be issued within any designated floodway or floodway fringe if any increase in flood levels during the base flood discharge would result. (2) A variance 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 to the applicant; 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 nuisances, r Existing cause fraud on or victimization of the public, or conflict with other laws or ordinances. (3) 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 built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. ARTICLE 6. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any greater restrictions imposed by existing easements, covenants, or deed restrictions. Wherever the provisions of any other law, ordinance or regulation impose higher standards than are required by the provisions of this ordinance, the provisions of such law, ordinance or regulation shall govern. ARTICLE 7. 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. ARTICLE 8. VIOLATIONS AND PENALTIES (a) Any violation of this ordinance shall constitute a misdemeanor. (b) Failure to remove any artificial obstruction or enlargement or replacement thereof that violates this ordinance shall constitute a separate violation of this ordinance for each 10 days that such failure continues after written notice from the Zoning Officer of the violation. (c) In addition to any other remedy available to Orange County by law, Orange County is hereby empowered to institute any appropriate action or proceeding to restrain or prevent any violation of this ordinance, or to require any person, firm or corporation which has committed any violation of this ordinance to remove a violating obstruction or restore the conditions existing before the placement of the obstruction. ARTICLE 9. LIABILITY FOR DAMAGES Pursuant to N.C. Gen. Stat. Section 143-215.60, no action for damages sustained because of injury caused by obstruction for which a permit has been granted under this ordinance shall be brought against the State of North Carolina or Orange County or their employees or agents. Existing ARTICLE 10. OTHER In the interpretation and application of this ordinance all provision shall be (1) considered as minimum requirements; (2) liberally construed in favor of the protection of the public health, safety, and welfare. Section headings have been included in this ordinance merely for convenience or reference. They are not to be considered part of, or to be used in interpreting, this ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. ARTICLE 11. EFFECTIVE DATE This ordinance shall become effective on March 2, 1981. Upon motion duly made and seconded, this ordinance was adopted by the Board of Commissioners of Orange County by the following vote: Ayes: Commissioners Anne Bames, Norman Gustaveson, Norman Walker, Richard Whitted, and Donald Willhoit. Noes: None. I, Beverly Blythe, Clerk to the Board of Commissioners for Orange County, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of an ordinance entitled "Flood Damage Prevention Ordinance" adopted by the said Board at a meeting held on March 2, 1981, and amended April 27, 1981, April 22, 1986, March 24, 1987, September 20, 1988, January 3, 1989 and February 19, 1991. The proceedings are recorded in the Minute Book of the Board. The ordinance is recorded in the Orange County Ordinance Book. Beverly A. w Date Clerk to the Board of Commissioners s�� Proposed FLOOD DAMAGE PREVENTION ORDINANCE ARTICLE 1. STATUTORY AUTHORIZATION FINDINGS OF FACT PURPOSE AND OBJECTIVES 1.1 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: 1.2 FINDINGS OF FACT (a) 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. (b) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed, or otherwise unprotected from flood damages. 1.3 STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions_ in specific 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 or in flood heights or velocities; (b) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (c) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; I • 6 Proposed (d) control filling, grading, dredging, and other development which may increase erosion or flood damage; and, (e) prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. 1.4 OBJECTIVES The objectives of this ordinance are: (a) to protect human life and health; (b) to minimize expenditure of public money for costly flood control projects; (c) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (d) to minimize prolonged business interruptions; (e) 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; (f) 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 minimize flood blight areas; and, (g) to insure that potential home buyers are notified that property is in a flood area. ARTICLE 2. DEFINITIONS (AMENDED 2-19-91) 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 building,)" 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 2 Proposed 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 flooding" 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" 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 architect's certificate. "Building" 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 building" 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 March 21, 1981. 3 Proposed 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 "flooding" 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. "F w " 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 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 Adjacent 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 4 Proposed 69 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 park 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 park 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 affixed (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 March 2, 1981. "Nonconformine building or use" means any legally existing building or use which fails to comply with the provisions of the ordinance. 5 Proposed "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 _ 6 1 Proposed 7 t structure to correct iexisting 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 existing manufactured home park 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. "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 3.1 LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special flood hazard within the jurisdiction of Orange County 3.2 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. 3.3 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. 3.4 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 7 .. Proposed 3.5 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. 3.6 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. 3.7 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. 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. 3.8 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. is 1 ARTICLE 4. ADMINISTRATION 4.1 DESIGNATION OF LOCAL ADMINISTRATOR The Zoning Officer is hereby appointed to administer and implement the provisions of this ordinance. 4.2 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 8 Proposed r3 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: (a) 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 4.30) or Article 5 Sections 5.3 and 5.4. The plot plan must be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. (b) The plot plan required by Article 4, Section 4.2(a) must show the floodway, if any, as identified by the Federal Emergency Management Agency or the floodway identified pursuant to either Article 4, Section 4.30) or Article 5, Section 5.3. (c) Where base flood elevation data is provided as set forth in Article 3 Section 3.2, or Article 4, Section 4.30), the application for a Development Permit within the flood hazard area shall show: (1) the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures, and (2) if the structure has been floodproofed in accordance with Article 5, Section 5.2(b), the elevation (in relation to mean sea level) to which the structure was floodproofed. (d) 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. (e) 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. (f) When a structure is floodproofed, the applicant shall provide a certificate from a registered professional engineer or architect that the non- residential floodproofed structure meets the floodproofing criteria in Article 5, Section 5.2(b). (g) 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 9 Proposed ~ L 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. 4.3 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR Duties of the local administrator shall include, but not be limited to: (a) Review all development permits to assure that the requirements of this ordinance have been satisfied. (b) Advise permittee that additional Federal or State permits 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 development permit. (c) 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. (d) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. (e) Prevent encroachments within floodways unless the certification and flood hazard reduction provisions of Article 5 are met. (f) 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 4.2(g). (g) 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 4.2(g)'. (h) When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with Article 5, Section 5.2(b). 10 Proposed �+ (i) Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (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 this article. (j) When base flood elevation data or floodway data has not been provided in accordance with Article 3, Section 3.2, 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 5.4(d), in order to administer the provisions of this ordinance. (k) 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. (1) Make on-site inspections of projects in accordance with Article 4, Section 4.4. (m) Serve notices of violations, issue stop-work orders, revoke permits and take corrective actions in accordance with Article 4, Section 4.4. (n) Maintain all records pertaining to the administration of this ordinance and make these records available for public inspection. 4.4 ADMINISTRATIVE PROCEDURES (a) 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. (b) SJgp 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. i 1 (c) 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 11 l Proposed 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. (d) 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. (e) 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. (f) 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, (1) that the building or property is in violation of the Flood Damage Prevention Ordinance; (2) 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, (3) 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. (g) 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. (h) ApRal: 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. 12 Proposed -, (i) 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,t he shall be guilty of a misdemeanor and shall be punished in the discretion of the court. 4.5 VARIANCE PROCEDURES (a) The Board of Adjustment as established by Orange County shall hear and decide requests for variances from the requirements of this ordinance. (b) 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. (c) 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. (d) 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: (1) the danger that materials may be swept onto other lands to the injury of others; (2) the danger to life and property due to flooding or erosion damage; (3) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) the importance of the services provided by the proposed facility to the community; (5) the necessity to the facility of a waterfront location, where applicable; (6) the availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (7) the compatibility of the proposed use with existing and anticipated development; (8) the relationship of the proposed use to the comprehensive plan and floodplain management program for that area; 13 Proposed (9) the safety of access to the property in times of flood for ordinary and emergency vehicles; (10) 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, (11) 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. (e) The findings listed above shall be submitted to the appeal board, in writing, and included in the application for a variance. (f) 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. (g) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (h) Conditions for Variances: (1) Variances may not be issued when the variance will make the structure in violation of other Federal, State, or local laws, regulations, or ordinances. (2) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (3) 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. (4) 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. (5) The local administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. 14 Proposed ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION 5.1 GENERAL STANDARDS In all areas of special flood hazard the following provisions are required: (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure; (b) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; (c) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damages; (d) 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; (e) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (f) 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; (g) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding; and, (h) 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. (i) 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 existing 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. 5.2 SPECIFIC STANDARDS In all areas of special flood hazard where base flood elevation data has been provided, as set forth in Article 3, Section 3.2, or Article 4, Section 4.30), the following 15 k 80 provisions are required: Proposed (a) 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. (b) Non-Residential Construction. New construction or substantial improvement of any commercial, industrial, or non-residential structure (including manufactured homes) shall have the lowest floor, 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 4.2(g). (c) Manufactured Homes. (1) '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 two feet above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (2) 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 5.2(c)(1) 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. (3) 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 16 i Proposed 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. (4) 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. (d) 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: (1) be on site for fewer than 180 consecutive days and.be fully licensed and ready for highway use; or (2) meet the requirements of Article 4, Section 4.2 and Article 5, Sections 5.1 and 5.2(c). (e) Elevated Buildings. 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. (1) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: (a) 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; (b) The bottom of all openings shall be no higher than one foot above grade; and, .(c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. 17 Proposed (2) 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). (3) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms, except to enclose storage areas. (f) Temporary Structures. Prior to the issuance of a development permit, for a temporary structure, the following requirements must be met: (1) 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: (a) a specified time period for which the temporary use will be permitted; (b) the name, address and phone number of the individual responsible for the removal of the temporary structure; (c) 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); (d) a copy of the contract or other suitable instrument with a trucking company to insure the availability of removal equipment when needed; and (e) designation, accompanied by documentation, of a location outside the floodplain to which the temporary structure will be moved. (2) The above information shall be submitted in writing to the local administrator for review and written approval. (g) 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: (1) Accessory structures shall not be used for human habitation (including work, sleeping, living, cooking or restroom areas); (2) Accessory structures shall be designed to have low flood damage potential; 18 Proposed �3 (3) Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters; (4) Accessory structures shall be firmly anchored in accordance with Article 5, Section 5.1(a); (5) Service facilities such as electrical and heating equipment shall be installed in accordance with Article 5 Section 5.1(d); and (6) Openings to relieve hydrostatic pressure during a flood shall be provided below base flood elevation in conformance with Article 5 Section 5.2(e). (h) Floodways. Located within areas of special flood hazard established in Article 3, Section 3.2, 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: (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 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. (2) If Article 5, Section 5.2(h) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. (3) 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 an&the elevation standards of Article 5, Section 5.2(c) are met. 5.3 STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS AND/OR FLOODWAYS Located within the areas of special flood hazard established in Article 3, Section 3.2, 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: (a) 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. 19 f t Proposed 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. , (b) If Article 5, Section 5.3(a) is satisfied and base flood elevation data is available from other sources, all new construction and substantial improvements within such areas 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 4.30). 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. -5.4 STANDARDS FOR SUBDIVISION PROPOSALS (a) All subdivision proposals shall be consistent with the need to minimize flood damage; (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and, (d) 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. 5.5 STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES) Located within the areas of special flood hazard established in Article 3, Section 3.2, 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: (a) 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. (b) All new construction and substantial improvements of non-residential structures shall: (1) 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 20 Proposed highest adjacent grade; or, (2) 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 6.1 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. 6.2 EFFECT UPON OUTSTANDING BUILDING PERMIT 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. 6.3 EFFECTIVE DATE This ordinance shall become effective upon adoption. 21 Proposed 6.4 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 22