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HomeMy WebLinkAboutAgenda - 02-02-1981 AGENDA ORANGE COUNTY BOARD OF COMMISSIONERS FEBRUARY 2, 1981 COMMISSIONERS' ROOM, ORANGE COUNTY COURTHOUSE HILLSBOROUGH, NORTH CAROLINA 10:00 A.M. 1. Does any Board Member desire to modify this agenda? 2. Does any member of this audience desire to comment about: A. Matters on this agenda? B. Matters not on this agenda? 3. The Clerk submits Minutes of Meetings held January 5 and January 7, 1981 for Board consideration. 4. A report from the Social Services Director concerning additional funding for the Chore Services program. 5. Reports from the Community Development and Recreation staffs con- cerning: A. Park development B. Rehabilitation progress C. A neighborhood redevelopment plan. 6. A report of bids received for jail kitchen equipment. 7. The Architect's analysis of and recommendation concerning jail Mds. 8. The Manager recommends the Board fund the balance needed to complete the jail and renovations attendant to office moves through adoption of a Project Ordinance for $215,000. 9. The Manager recommends the Board remove the freeze on capital pur- chases imposed by the Board pending completion of plans to finance the jail facility. 10. The Tax Collector recommends the Annual Tax Lien sale be held Monday, June 1st. 11. The Tax Collector reports the County held in 1980 tax liens on real property at the end Of January. 12. A Resolution affirming a policy of equal employment opportunity as part of County personnel practices. 13. The Purchasing Agent will respond to questions concerning vehicle prices and performance records posed by the Board on January 26th. 14. The County Attorney will present an Ordinance regulating the operation of Ambulance services in Orange County. 15. A preliminary engineering report dealing with waste water disposal in the Efland Estates Subdivision. 16. A. Resolution establishing a special ii‘d,of Equalization and Review for Orange County and; A. Consideration of per diem and allowances for its members; B. Naming Board members. 17. The Chair will, review seven commitments the Board of Commissioners made at the conclusion of the Human Services Conference. 18. The Planning Board recommends approval of the preliminary plan for Cornwallis Hills Subdivision. 19. A calendar of events leading to consideration of a Flood Plain Ordi- nance: N, A: Proposed Flood Plain Ordinance presented to the Board of Commission February 2nd; B. A public hearing on the Proposed Flood Plain Ordinance February 17th; C. Consideration of the Proposed Flood Plain Ordinance Mardi 2nd; D. March 16th final date for adoption of Ordinance. 20. The Manager recommends the Board adopt, effective March 1st, both Sedimentation and Erosion Control fees, and rezoning, subdivision and road inspection fees (as shown in attachment # 20) . 21. Appointments: A. The Cheeks Township Recreation Advisory Council Seat is vacant. 'J ' ` | - � -_- . " . � joseph I. O2ts��^f, architect , aia ~ ' po'box 2615; chapel hill, nc 27514. e19'942-4645 !' _ February 2, 1981 _ . ' Orange County Commissioners 106 E. Margaret Lane Hillsborough, North Carolina Re: Bids: Jail Facility ^ ' Hillsborough, North Carolina ' ' "( '. Project Number: 7603708, F\ A-2 Dear Commissioners: -� Bids were taken on the Jail ify on 19 January 1981' Due to a lack of the legal number of bidders;� thnae,, hor the kitchen equipment contract, we rebid the kitchen equipment contract as of 30 January 1no)' The new kitchen equipment bids wore opened by Mr. Dat+is and myself, having two that bid in the first bidding process. received only two h��, the same _ Food Equipment Contract Company bid $31,380, + kept the same bid as previously stated of $25"200'10' Therefore the apparent low bidder is Gardner-Benoit. We are submitting to you a break down of the bids as received on 19 January 1981 and a prepared chart that will show the actual bid as it relates to our estimate. In addition we have shown the difference between our estimate and ' ' the low bidder as well as the difference between the high and low bidder of each category. � , The total bid, i.e. all prime contractors added - is in the amount of o1,096,949'00' If the County wishes t add the alternate taken on the • generator it should include an additional $17,632'00, If this.is to be done it would bring the total to $1,114,581'00 We are also including break down of the items and our estimate of these items that were added to the facility during the review process that took about 60 days. The items added represent changes requested by the Commissioners, State Agencies, and Orange County Health Department. During the construction phase, the County cov10 incur additional expenses to . ' ^ ` ` `^ ` / ^ . `� ��� . . ^ � : - - -� ' _ .�' - —_ - ` � 1981 February , Page 2 ' • consultants for testing +h� +i | / area as well as concrete during times pay that it is being placed on the Job' This is standard in all construction r«»tnacts and is at the e d|scrw+ion of the Architects/Owner. We would u|d hmve no other way +ode�e 0 |ma if they are meeting the specification requirements fs without these tests. In addition County additional expense to Duke Power for providing |oct 1cal service to the building and it includes furnishing the transformer. This latter expense would be in the area of $1,500.00 and this is simply our mstlma+e' We are requesting g underground service and the for the difference between overhead and underground. The overhead service would be f'~~^ i.e. no charge, and the underground would cost due to trenching. . We do recommend strongly the County underground to the building. As in the Grady Brown Project, if rock is encountered during excavation or drilling of elevator r, an additional expense will be necessary. We have reviewed all the bids with the bid documents and find no apparent overlapping of bids between prime contractors. The windows were bid by Roanoke Iron Company and the other companies did not include them in their bid. On our tabulation sheet we show an amount of $243,500.80 for the low ^ the actual base bid is $2O5j000'00 =�~~' of the ~— equipment. Mr. Gledhill , we advise to sign a ~'- -- -- by Iron at $205,000'00 and then we shall add the � -- ��"`=-^ with Roanoke | r $38,500.00 as a change order. This Th| would cover all the windows and instal- , lotion of these in the building. . � Having reviewed all the bids we would recommend to the County the low bidders as follows: | ` General Contractor: Security Building Company Jail Equipment: Roanoke iron & Bridge, Inc, Plumbing: Condor Mechanical Contractors, Inc. Heating & Cooling: Comfort Engineer, Inc. Electrical : Pendergraph & Thomerson Kitchen Equipment: Gardner-Benoit. Should there be any questions we would be happy to discuss them with you NIPPA • Jos,' L. Nassif /) /tecf '—' { ' �� � '..' . -4 .1 5.., . 4 . ,.5: 00 BID OPENING 19 JANUARY 1981 r -----==----- W £-. I- < . < ,,,••• CI.: W Z Z W t- W ...7 cc) 0 w t-'-.L.; V) til-) 0 (i) - - w o w w co co co 6-- 8- .< I- -,,,, 0 0 ,0 a ,0 cc w- co 6 ce CE ti- 1--z , . - >-. „....,›. W 04 <oz, I-- cc Co cc = == WI- W Z at * (A f.>:..41) Z W Z Cr <W Cr.44 w _.- ,...)‹ cx< W 72."W 1.3.I 1- 0 . ' <-, <-) 1.1. -'-0 1.1.. = Z 1:-"j •<=E r--- E i. tn 3- 0 r•-) }- 0•11 EL 1.0' LI-F-0 U..0 : '.: • • 8 0 1: to - L.,C..) I- '-' <'-' CI Win CI= - -. -----. - --.- , • GC $365,055 $ 63,700 $428,755 $ 479,500 $ 50,745 3 63,728 - -- JE 182,037 27,250 209,287 243,500 * • -.... 34,213 34,000 --------- -- P 89,165 27,600 116,765 140,680 23,915 64,320 - - ■., ,, - H/AC 98,322 5,200 103,522 124,723 21,201 36,277 . . . , ELEC. 66,246 4,600 70,846 85,346 ** 14,500 18,221 , --'-- -- -- , KIT 14,650 6,550 21,200 23,200 . : , =77 TOTAL 815,575 134,900 950,475 1,096,949 146,574 225,766 -----_--„_-__ ..,.- -.- . ... .. -- --- - ., • . _ * Includes Windows (others did not) .. ** Add Alternate # El, Generator Not Included - Add $17,632 : • *" Only Two Bids Submitted By Law Did Rebid . • . . . .. 5 ......, -,, ; ) . . _ . . . , . . . . . .. . . ,..., . . • . .. • • . . . • . . • , . . . . . . . . ., . . . . • ,,Ceti-.N.t 1 . . . • . . .. •. ■ •• • ...... . . • • . . . .. . .. . .. • • . . . . . . . . . - . .. • . . • . • . . . . . .. . . . . • . . . . .. . •. , . . . - *' .4.......- • . •• . . . ...., . . . . . • . •. ...„. r•-• ----- . ---- 0 t..1 1)I • -. . ..... 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'.•,.:..,,•::,.., , ..„.,.... . . „ . ... . . : .•:,.. ,, : .•:.: ,.: ,., • :. .,_ . - .. . . ... - . 90 4 j ORANGE COUNTY BAR ASSOCIATION Post Office Box 1202' Chapel Hill,North Carolina 27514 January 31, 1981 Anne Barnes, Chairman Orange County Commissioners Orange County Court Rouse Hillsborough, North Carolina Re: ORANGE COUNTY JAIL Dear Anne, The Orange County Bar Association, at its most recent meeting held January 29, L981, passed the enclosed Resolu- tion. I am therefore transmitting it to the Commissioners for their consideration. The Dar continues to offer its assistance to the County in resolving the problems attendant in housing detainees. Thanking you and the other Commissioners for your usual good cooperation, I am, Sincerely, Dorothy C. Birnholz, President ORANGE COUNTY BAR ASSOCIATION ENCLOSURE cc: Donald G. Willhoit Norman Walker . Norman- Gustaveson Richard Whitted F , - . -• - :.:•,r7: , :,,,.. . -:•.. ■ .' , •:. . '..' .. :.. : . . ...., . RESOLUTION During the past several years, and nore particularly during the past few nonths, the Orange County Bar has noted the substantial efforts made by the County Commissioners to improve jail conditions in Orange County. We recognize the inordinate amount of time and energy that has been devoted towards correcting the deficiencies in the current jail and towards beginning construction of a . _ now facility, and appreciate the Commissioners' concern and work on this issue. ::,. ';'.,.• . Although we know that plans for a new facility have already been drawn up . .„ . , .. . and put out for bids, two problems have recently come to our attention which we ,. . - ... feel merit serious reconsideration of the current plans, even if this results in .. , , ; .. .... same delay in the beginning of construction. These problems relate to the amount of living space provided in each cell, and the need for an indoor exercise room. , • As we understand the current plans, they call for thirty-five (35) square feet of living space for each inmate in each one-person cP11. While this meets the bare minimum required under ourrent,NOrth Carolina regulations, it is sub- St2ntially less than the minimum required by many recognized correctional standards. For example, the American Correctional'.Association's Manual of Standards (1977) ..... . provides for a minimum of sixty (60), square feet peralgmate for inmates kept in the cell for less than ten hours adaY and eighty (2 square feet per inmate for those confined ten hours or more; the Federal Standards for Corrections recently adopted by the United States Department Of Justice also requires between sixty (60) and eighty (80) square feet per inmate; and the National Sheriff's Association Handbook on Jail Architecture requires seventy (70) square feet per prisoner. ... _. • Given the wide disparity between these standards and the minimum currently required in North Carolina, it is entirely possible that the North Carolina standards will be amended, leaving Orange County with a costly new jail that is rot in compliance with state regulations. More importantly, a civil rights action brought in federal court by prisoners held in the thirty-five (35) square foot . cells could result in a finding that the cell size is unconstitutional under the Eighth Amendment and an order that the new jail be modified, at considerable public expense- In fact, these same potential problems recently caused the public officials in Catawba County to modify their plans for a new jail by substantially increasing the 0,...Juunt of cell-space per inmate. Similar concerns exist with regard to the lack of an indoor exercise room. The American Correctional Association Standards for Adult local Detention Facilities states that "indoor space should be provided for . . . a moderate amount of physical exercise throughout the year . . . . Exercise and recreation are essenf-ial to good hoAlth." Again, the failure to provide such a room may result in a new jail that is susceptible to a constitutional challenge and the expenditure of more money to renovate the facility than would be required to incorporate an exercise room into the original design. : . g - In light of these problems, the Orange County Bar Association respectfully requests that the Commissioners of Orange County: .-.' . . . , . • . .. ' . , - , . - , . ..... . . • if r • ," ! 8��. 4 # _..... n.+vL.rw.7.t•.-.:......w.vu.._...-r .r ...s !ti r. _._... »._«...— .. .4 _..»......... ..rte.. ..»,...._.... ,......... (1) Rave the current plans designate a room for indoor exercise sufficient to meet constitutional. standards; (2) Review the American Correctional Association Manual of Standards, the Federal Standards for Corrections, and the National Sheriff's Association Handbook on Jail Architecture to make sure that the plans for the eceew Orange County Jail are substantially in with these recognized standards. Respectfully submitted, ORANGE COUNTY BAR ASSOCIATION Dorothy C. Bernholz, President r L ' c'y DATE: February 2, 1981 TO: Orange County Board of Commissioners FROM: John T. Horner, Director of Revenue SUBJECT: Unpaid Real Property and Tax Lien Sale The Orange County Department of Revenue reports the following unpaid' taxes that are liens on real property for the year 1980. COUNTY $ 767,129.09 CHAPEL HILL $ 295,639.03 .> ( 93%, ) CARRBORO $ 78,541.67 HILLSBOROUGH .$ 29,749.71 TOTAL $1,171,059.50 The Revenue Office recommends the Tax Lien Sale be held on the first Monday in June. If this is agree- able the following date can be set. June 1, 1981 - efil . . . _ „ RESOLUTION • AFFIRMING A POLICY OF EQUAL EMPLOYMENT OPPORTUNITY , AS PART OF COUNTY PERSONNEL PRACTICES Whereas, it is the Policy of Orange County to provide equal opportunity in its employment on the basis of merit and fitness and without discrimination because of race, color, religion, sex or national origin; Whereas, the Congress of the United States enacted, "The Equal Employment Opportunity Act of 1972" and the North Carolina General Assemble enacted G.S. 126-16 entitled "Equal Employment Opportunity by State departments and agencies and local political subdivisions" ; ' Whereas, the Board of Commissioners, ish to announce its commitment on behalf of Orange County to equal employment oppertunity, in order to strengthen and assure equal employment opportunity in Orange.tounty Government, • NOW, THEREFORE, BE IT RESOLVED THAT THE ORANGE COUNTY COMMISSIONERS state that equal employment opportunity for all persons is a fundamental County policy; and ; I . That, to the maximum extent possible, the same employment opportunities, • . : -- without regard to race, sex, color, national origin.; religion, age, physical • handicaps (except where age, sex, or physical handicap constitute a bonafide occupational qualification), will be provided to all; and That special programs of affirmative action be implemented when required to assure equal employment opportunity; and • That equal employment opportunity will affect all employment practices including, but not limited to, recruiting, hiring, promotions, transfers, training, compensation, benefits, layoffs, and terminations; and That the County Manager, the Personnel Director, and all management and supervisory personnel are responsible for equal employment opportunity practices. • Adopted this the day of ,4;..,6-4,a.„.*/ , 1981 • . e..01 /4/ AN ORDINANCE REGULATING THE OPERATION OF AMBULANCE SERVICES AND THE ADMINISTRATION OF EMERGENCY MEDICAL ASSISTANCE I ' IN ORANGE COUNTY, NORTH CAROLINA WHEREAS, the private operation of ambulances for the transportation of persons injured, infirm, and invalid is a business vested with great public interest; and WHEREAS, it is essential and necessary for the public good and welfare and for the ,preservation of the health and safety of the citizens/of Orange County, that a prompt, adequate, and efficient'ambalance service should be available to the citizens of Orange County; and WHEREAS, the Orange County Board of Commissioners has found and hereby declares a public necessity for the regulation of the private operation of ambulances in Orange County; and WHEREAS, the administration of emergency medical assistance to injured persons is a matter of great public interest and concern; and WHEREAS, it is essential and necessary for the public safety and welfare of the citizens of Orange County, North Carolina that such persons as regularly respond to requests for emergency aid and assistance and regularly administer medical aid to injured persons in emergency medical situations be properly trained and instructed in their tasks; and 1 WHEREAS, the Orange County Board of Commissioners has found and hereby declares a public necessity for the - I • ‘.1 - • :; •;• — — - • regulation of the administration of emergency medical assistance in Orange County; NOW THEREFORE, be it ordained by the Orange County, North Carolina Board of Commissioners as follows: Section 1. Definitions. The following words and phrases, when used in this article, shall have the following prescribed meanings, except • - , when the context clearly indicates a different meaning: , a. Ambulance - any privately or publicaly-owned motor vehicle or aircraft that is Specifically designed or constructed and equipped and it intended to be used for and is maintained or operated for the transportation of patients, including 'f6neral coaches or hearses, which otherwise 'comply under the provisions of this ordinance, except any such motor vehicle or aircraft owned by or operated under the direct control of the United States. • b. Ambulance Attendant - a person certified as an ambulance attendant by the office of emergency medical • services, North Carolina Medical Care Commission in accordance with rules and regulations adopted by the North Carolina Medical Care Commission. c. Certificate - a permit issued by the Orange County Board of Commissioners granting the right, privilege , • and duty to regularly respond to requests for emergency aid • - . and assistance and the right, privilege and duty to _ regularly administer medical aid and assistance to patients : in emergency medical situations. , ' • -2- , . „ I • d. Emergency Medical Technician - A person r-E certified as an emergency medical technician by the office of emergency medical services, North Carolina Medical Care Commission in accordance with rules and regulations adopteki by the North Carolina Medical Care Commission. e. Franchise - a permit issued by the Orange County Board of Commissioners granting the right, privilege, and duty to operate an ambulance or ambulances. f. Board - the Board of Commissioners of Orange County. g. Patient - an individual who is sick, injured, wounded, or otherwise incapacitated or helpless. This includes any person being transported to medical attention or from medical attention in an ambulance. h. Person - any individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind including any governmental agency other than the United States. Section 2. Franchise Required. A. No person, either as owner, agent or otherwise shall furnish, operate, conduct, maintain, advertise or s otherwise engage in or profess to be engaged in the business or service of the transportation of patients upon the public ways of Orange County without first having applied for and obtained a franchise from the Orange County Board of Commissioners authorizing such operation. An ambulance -3- k .'id' :�_ .. .....iir!.Ca .wC..i wnro.: _....�.•�..u�...S.... . .}� ''ak., :Gtr. .._.,...._,...__..1.:.,..._ . . 1/41' V operated by an agency of the United States shall not be required to be licensed hereunder. B. No ambulance shall be operated for ambulance purposed and no individual shall drive, attend or permit an ambulance to be operated for such purposes on the public ways of Orange County unless it is occupied by at least one emergency medical technician who shall be responsible for the medical aspects of the Mission prior to arrival at the hospital and assuming no other per.SOn of higher certification or license is available, and one. ambulance attendant who shall be responsible for the operation of the vehicle and rendering assistance to the .emergencY medical technician during the duration of the mission. C. provided, however, that no such requirement shal be required for an ambulance which is rendering assistance to a licensed ambulance in the case of a major catastrophe or emergency in which the licensed ambulances of Orange County are insufficient or unable to cope or is operated from a location or headquarters outside of Orange County in order to transport patients who are picked up beyond the limits of Orange County to locations within Orange County. But no such outside ambulance shall be used to pick up patients within Orange County for transportation to locations within Orange County unless the requirements of subsection B of this section are met. Section 3. Application for a franchise. . . All persons applying to the Board for a franchise -4- • , , , 4 2 1 for the operation of one or more ambulances shall file with the Board a written application setting forth the following: a. The name and address of applicant and of the owner of the ambulance; b. The trade or other ficitious name, if any, under which the applicant does business and proposes to do business; c. The training and experience of the applicant in I - the transportation and care of patients; d. A description of each ambulance including thF make, model, and year of manufiCture, motor and chassis number, current state or federal aviation agency lcense number, the length of time the ambulance has been in use and the color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate applicant's ambulance; e. A financial statement of the applicant indicating the net worth of the owner of applicant over and above all debts, judgments, claims and demands whatsoever; f. Whether there are any unsatisfied judgments of record against such owner and, if so, the title of all actions and the amount of judgments unsatisfied; g. Court record, if any, of applicant. Provided 5 if applicant is a corporation, partnership, association or other organization, the court record of any of the officers , directors and supervising employees thereof, including general manager or director; -5- h. Whether there are any liens, mortgages or other encumbrances on such ambulances and, if so, the amount and character thereof; I. And, such other information as the Board may, in its discretion, require. Section 4. Granting a franchise. Upon receipt of an application for a franchise, the Board shall fix the time and place' for hearing the applicant. No franchise shall issue unless the Board shall find, after the hearing, that the public convenience and necessity require the proposed ambulance service. Determining whether the public convenience and necessity require the operation of an ambulance or ambulances for which application for a franchise is made, the Board shall consider and investigate the statements made in the application, the adequacy of existing ambulance service, the financial responsibility, experience and character of the applicant, the public need for additional service, the ability of existing holders of franchises to provide any necessary additional service and any other factors pertinent to such determination. If the Board finds that the public convenience and necessity require the proposed ambulance service, the Board shall grant a franchise upon the terms and conditions prescribed by this ordinance. -6- z ,rr Section 5. Term of franchise. The franchise granted shall be for such term and under such conditions as the Board may deem necessary and shall cover such area of Orange County as the Board shall, deem necessary, provided that any franchise granted may be suspended or revoked by the Board after a hearing held upon thirty (30) days notice to any franchise holder. No franchise granted may be sold, assigned, or transferred nor in any way vest in any person other, than the applicant to whom the franchise is granted. Section 6. State regulations'. All ambulances operated by holders of franchises granted hereunder shall be subject to all applicable laws and regulations of the State of North Carolina. Section 7. County regulations. A. Every ambulance operated under a franchise granted hereunder shall be occupied as prescribed in Section 2B of this ordinance. B. Every ambulance franchised hereunder shall carry public liability insurance against injury to persons and property damage in an amount not less than [$100,090 in respect to any one person, [300,00Q in respect to any one accident, and 050,00;0 in respect to property damage. Section B. Operation of Ambulances. The operator of an ambulance franchised hereunder --7- 1 � shall operate said ambulance in a careful manner and shall • comply with all statutory speed limits, right of way regulations, and all other highway safety laws enacted by the State of North Carolina and all municipal ordinances of cities and towns in which such ambulance is being operated, • whether such vehicles are being operated on official business, an emergency or otherwise. Section 9. Certificate Required. A. No person, either as agent, employee or otherwise, shall regularly respond to requests for emergency aid and assistance within Orange County and render aid and assistance to patients in emergency situations within Orange County without first having applied for and received a certificate from the Orange County Board of Commissioners authorizing such activity. Section 10. Application for Certificate. All persons applying to the Board for a certificate to regularly respond to requests for emergency medical aid and assistance shall file with the Board a written application setting forth the following: a. The name and address of the applicant and of the owner of any vehicle to be used in responding to the requests for emergency aid and assistance; b. The trade name, organizational title or other adopted name, if any, under which the applicant operates; -8- tsWt, • y 1' c. In the case of any group or association of individuals, a list or roster of the members or affiliates of the organization, their individual addresses, the emergency medical training and experiences of each member, special medical skills or capabilities of each member, continuing medical education and training programs of the organization, communication capabilities and requirements of the organization's communication system, medical equipment and supplies available for use by the organization and all sources of income to the organization; d. Such other information as the Board, in its discretion, may require. Section 11. Granting a Certificate. Upon receipt of an application for a certificate, the Board shall fix the time and place for hearing the applicant. No certificate shall issue unless the Board shall find, after the hearing, that the public convenience and necessity require that such certificate issue. Determining whether the public convenience and necessity require the issuance of such certificate, the Board shall consider and investigate the statements made in the application, the adequacy of existing emergency medical services, the experience and training of the applicants, the public need for such service and any other factors pertient to such a determination. If the Board finds that the public convenience and necessity require the issuance of such ..- certificate, the Board shall grant a certificate upon the -g_ w ...-, 5 terms and conditions set forth in this ordinance. Section 12. Terms of the Certificate. The certificate granted shall be for such term and under such conditions as the Board may deem necessary and shall cover such area of Orange County as the Board shall deem necessary, provided that any franchise granted may be suspended or revoked by the Board after a hearing held upon thirty (30) days notice to the certificate holder. 'No certificate may be sold, assigned pr transferred nor in any way vest in any other person than the applicant to whom the certificate issues. Section 13. Violatons. Violation of any provision of this ordinance is a misdemeanor punishable as provided in N.C. Gen, Stat. S14-4. This ordinance may also be enforced by injunction or other appropriate remedy as provided by law. Section 14. Separability. 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. -10— s v f : • Section 15. Ordinances Repealed. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 16. Effective Date. This ordinance shall become effective on March 1, 1981 —11— ' ;1..,:l':' '' '''''• .... . . ' . . ,',, ,i2 :,„,,,,, .: • .. - ..„ . . . /5 . ....,, ... .: ) i. 4 :. , ,, • -4.,,.. , , ....■ ' * . '0 .. . .. , u. . ., . • 1111 . ,,..,.,..,THE JOHN R. McADAMS COMPANY INC. i . . • CONSULTING ENGINEERS • , , 100 HAYES BUILDING,GLEN LENNOX CENTER,CHAPEL HILL i . P.O BOX 2896,CHAPEL HILL,NORTH CAROLINA 27514 (919)967 T079 , _.... ORANGE COUNTY, NORTH CAROLINA . i INTERIM REPORT ON FEASIBILITY STUDY ON SOLUTION TO SANITARY SEWER PROBLEM ' '• EFLAND ESTATES SUBDIVISION . OCO 8002 . . This interim report provides only the results of the investigation and • 1 analysis of the Efland Estates sewer problem. The purpose of this report is . to provide guidance in a decision to apply for grants to fund the construction of a solution to the problem. . , .. ',"... I. REGIONAL vs LOCAL SOLUTION it is this firm's opinion that the problem should be addressed only as it applies to Efland Estates Subdivision, and not to the greater Efland area. The factors behind this opinion are . . , A. There are no other identified septic tank failures in the greater area, and no impending failures are known. . . — B. The greater area is in a water supply watershed, and stimulation . . of development is undesirable. C. Regional solution becomes extremely expensive (into the millions). D. The normal means of funding regional. sewerage works is through EPA; but EPA funds could not be available until October, 1982. E. Qualifications for other sources of funding are better if the project focuses specifically on the existing health threat in Efland Estates. II. WASTEWATER FACILITIES • A. On-Site Collection System 1. 8" gravity collection system $136,400 . . 2. Pressure collection system with pump at each . .•"::'''.:::".;.:.,.. •-• '-'-: house $149,700 ---\ . . . . . - . . • . ' . T ,.., _ . • , .. ,- - - . , •'1: .. :'.. ''''; (.; • , '.4. ' H . I ' . .. ',. . . - . . EFLAND ESTATES SUBDIVISION INTERIM REPORT PAGE 2 . i B. Off-Site Transportation or Treatment System 1. Low pressure injection system $ 90,000 2. Recirculating sand filter $ 45,000 3. Package treatment plant $ 65,000 4. Pump to To of Hillsborough $293,000 5. Pump to Mebane (Mebane not interested in accepting the wastewater) $200,000 ..-,..:*. IiI.. FUNDING SOURCrq , . , •- A. EPA -- not a viable source for immediate funding. 201 Plan modifi- cation required. Lengthy environmental review, Funds available in October of 1982 at the earliest. B. HUD Imminent Threat to Health -- excellent possible sources. . „ .., ._, Applicant simply requests assistance from the HUD Area Manager. The existence of an eminent threat to health must be confirmed by an -----. . [ authority other than the applicant. HUD is non-committal on whether Efland Estates would be eligible; convincing evidence would be required. If Area Manager becomes convinced, he invites a full application from the applicant. A-95 review is waived. HUD may issue the applicant a letter to proceed to incur costs to alleviate the imminent threat. C. North Carolina Clean Water Bond Grant -- funds are available, but their maximum participation is 50% of the non-Federal share, not to exceed 25% of the total project cost. Thus, if HUD paid 90%, State would pay 5%; if HUD paid 75%, State would pay 12.5%; if HUD paid 50% or less, State would pay 25%, and in all cases the balance must be made up by the locality. D. Recommendation -- Apply for 100% funding from HUD imminent threat to health program. It _ . _ . . . _ •• . _ ' . , .1. •.' • , . . - ;•: • _. , . . . • . „ . )„1 ORANGE COUNTY, NORTH CAROLINA : . FEBRUARY 2, 1981 • RESOLUTION TO APPLY FOR ASSISTANCE FROM THE HUD IM/NT THREAT TO HEALTH • PROGRAM FOR EFLAND ESTATES SEWERS WHEREAS the Community of Efland Estates in Orange County is experiencing the failure of virtually all the septic tanks in the community, and WHEREAS the Orange County Board of Health has declared the subdivision a health hazard in December of 1980, and WHEREAS the residents of Efland Estates cannot affect a solution to their sewerage problem without financial assistance for that solution, NOW, THEREFORE, BE IT RESOLVED by the Orange County Commissioners; THAT Orange County shall apply to the US Department of Housing and Urban Development (HUD) for a grant for:construction of sewerage facilities to alleviate the health hazard in Efland Estates, under the HUD Imminent Threat to Health Program and THAT the engineering firm The John R. McAdams Company, Inc, be directed, under the existing January 6 engineering agreement, to make the application to HUD, together withsuch assurances, reports, and documentation as may be required by HUD. • . . '• • • ' • • . . • :- • .., ; ,. .. ._. , :t A'.: it, .„ ., . t .• . 16 . . . . . • , • NORTH CAROLINA . .- • RESOLUTION ORANGE COUNTY WHEREAS pursuant to N.C. Gen, Stat. §105-322 the Board of Equalization and Review of Orange County is presently - - composed of the members of the Board of County Commissioners ,---- , , • of Orange County; and , . WHEREAS the Board of Commissioners of Orange County . . is authorized to appoint a special Board of Equalization and . . Review to carry out the duties imposed by N.C. Gen. Stat. S105- . . . . , . 322; and .., . WHEREAS the Board of Commissioners of Orange County . . deem it advisable to appoint a special Board of Equalization . . .. , .. and Review and by this resolution provide for the membership • qualifications, terms of office and the manner of filling of -. . . vacancies on the special Board of Equalization and Review; ,. IT IS THEREFORE RESOLVED: ,,.... . . 1. The special Board of Equalization and Review of - - -. . Orange County is hereby created. ' - • '.' . - 2. The Orange County special Board of Equalization . , and Review shall consist of 7 members, each to serve for a ......, term beginning on the date of appointment and ending on Monday, August 3, 1981 3. Vacancies occuring and existing on the Orange '-' County special Board of Equalization and Review shall be filled by the Orange County Board of Commissioners at their next , . ., -..., regular meeting after the occurance of the vacancies. 4. Each member of the special Orange County Board of - . Equalization and Review shall-be a resident of Orange County • and have the statutory qualifications necessary to hold the public office of County Commissioner in Orange County. In -- ' addition the Board of Commissioners of Orange County, in _..... , . selecting members of the special Board of Equalization and COLEMAN.BERNHOLZ, DICKERSON.BERNIIOLZ. Review, may consider: GLEDHILL &1-1ARGRAve ATTORNEYS AT LAW a. The length of time a candidate has resided . . . CHAPEL HILL.N C. • , . . HILLSBOROUOH.N.C in Orange County, . , b. Whether and to what extent a candidate owns real property located within Orange County, c. Whether and to what extent a candidate is familiar with the value of real property located within Orange County, d. Whether and to what extent a candidate has had formal education in real estate appraising, e. The geographical composition of the special Board of Equalization and Review within Orange County, f. Any other matters that the Board deems appropriate. The Orange County Board of Commissioners shall appoint members to the special Board of Equalization and Review of Orange County in the same,inanner as it uses for other appointmen s After the members of the special Board of Equalization and Review of Orange County have been appointed, the Orange County Board of Commissioners shall-designate a chairman of the special Board and shall fix such compensation and allowances for the members as it deems appropriate. Upon motion duly made and seconded, the foregoing resolution was passed upon the following vote: Ayes: Commissioners Barnes, Gustaveson, Walker, Witted and Willhoit Noes: Commissioners , -6- I, Paulette Pridgen-Pond, Clerk to the Board of County Commissioners, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the recorded proceedings of a meeting of the Orange County Board of Commissioners held on February 2, 1981 , as it relates to the resolution hereinabove set forth. -2- WITNESS my hand and official seal of the said Board COLEMAN,BERNHOLZ. DICKERSON,BERNHOLZ this the 2nd day of February , 1981. GLEDHILL &.HARGRAVE CHAP L HI AT LAW (7a,hzx:)r / .��CHAPEL HILL.N C H N C. Paulette Pri•gen-Pttnd Clerk to the Orange County Board of Commissioners ' ri [, ' - � c-' ` i ' ~01 ~ e}�/ • ` ' ^ AGENDA ATTACHMENT 17 ! HUMAN SERVICES CONFERENCE 1980 , ^ r Orange County Board of Commissioners In the end-of-conference small group session, all five Commissioners met with the County administrative staff members t to share thoughts and ideas, to evaluate the Conference experience. The Commissioners agreed: 1) To continue their support for and interaction with the Human Services Advisory Commission. 2) To continue the direct involvement of Commissioners as members of human services boards, such as Board of Social Services, Mental Health Board, Public Health Board, Senior Citizen Board, JOCCA, HSAC, Recreation Commission, etc. 3\ To try to convert the experience into action with 3) subsequent discussion on the Board of Commissioners and agency boards. ^ 4) ~^ promote better understanding with agencies and the regarding the limitations of the Board of Commissioners, e.g.public ' --lity of mandates and requirements, funding limi- tations, etc. `'- 5) To continue to grapple wYth State and Federal policies in efforts toward �� and coordination with other levels of government, and to continue efforts to affect policy contact with individual legislators and active participation in the TJC0G, NCACC, and NACO. 6) To start afresh to look for new sources of funding, both public and private. 7) To insist on coordination of services, where possible, particularly through the budget process. These were presented to the Conference in its final session. -�' -` ^ -_-____� ' '__ __-__ - � r,^ . � } 2e'1 /&2 ORANGE COUNTY PL.AN,':.LNG DEPARTMENT Trr't':T,SBOEOUGR NORM CAROLINA. 27278 Y MEMO TO: Ptr. S. /h. Cattis, County Manager PROM: Orange County Planning Department DATE: January 23, 1981 BE Planning Board recommendation on'Cornwallis Hills Subdivision This case as referred to the Planning Board for their consideration at the January 19, 1981 meeting: of the Planning Board... The Planning Board recommends: Approval, • • L _✓ ' - - ----_ -.: ' `-..."•.:71,, .•• . 1 ,•...)..), _ ,....r - - , I)•.1/f 1• - . • t.) 4 c..:L.) ..' - - CATTACI-MEZI r DI C) • . ... cn • • L- .0 03 • • r . ,- • p.. 1 ; . I i ! • '..0 •--) I • c ' . , il • 11C ! • ,r1 0 0 0- 0 . - • . ■ r. i I . I• 1 I i ' I 0 ■ r Z E r ca - • a") - j. '. . . . . • ei!2. ..0 I 1• 1 i • 0 ...I 1 A- 1 -4 ° 00 • . •• 0 • , .-I 0 i •. •a: • 't•-• 0 • 11 c° ' .. 1 . 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Y " ..y, .rt • • y• ip i.4•."-••4'+'i• •_:'" ▪ ?' •:•%z;..= •i•,t;"rr a. • .i ••Y " :. _ ,..„1....1,7..,...,...,,,,,,,,,T..., i. ..• _. .i. � u . .'x • ^- 4z"Jf. .'r?•'i:'4" ..*T4-7.1....._,.«w.H„ +. k"i:- :^•-r•.,... ... • _• t"«. w ,. .. ' fiA o347� _ .• ... • .., : ., . r .c • A II " r 1 __ . ' FC aea " 114.8,4 AC». . : . . . . - . .. ,.. ....,. , , :. . : ,. . ......,.. . , . . . .. ,. . ; ,,,,,.... ...i MItim d Willaharriatiq , .. 2. 8 . Top EnC HI335303UGH. NORTH CMtOUNA 27Z7 /.Cto* •: ' '.'• " '• • Asolu34-4*on a...m.460.4n S.0..Wao Wofir Banc*H.lasmos . lopposier , A.D.•A.MO .0,,,' VOL..* Sem4S4u. 1 . , --/. -' . 1 IbDtrma.1... Prif_44, CL4/4Pako ---- :,..• .,': R.1.1 a&sreloa■ '4.4.1141V sr . . . 40101101. . January 16, 1981 " ..- .. . , . ... ' . • . . ... ,. . . Mr. Eddie 'Kirk Orange County Planning Office . . Orange County Courthouse Hillsborough, N. C. 27278 Dear Mr.- In official session cin Monday, January 12, 1981, the Hillsborough Town Board agreed to permit the Cornwallis Subdivision to connect to the Town's water and sewer lines. At this meeting, Mr. Phil Post dis- cussed with the Board the benefits of moving a 20,000 gallon storage tank to the Cornwallis Subdivision area and upgrading the pumping sta- tion to the area'. The Town Board informed Mr. Post the Town would be unable to provide financial assistance for the proposed project, since . ! the Town presently has unfinished on-going wter-sewer projects within • the Town limits. Mr. Post was asked to submit to the Town his proposal for moving the 20,000 gallon storage tank and for upgrading the pumping station to the area. Should you have further questions regarding this matter, please contact me. • Sincerely, 4 . • . ' Ag j ha Johns 5, Town Clerk . , . , . ..,,.".. :.• . . ..' . , . ... . , • ' • s . .. , , •..:,- . ." '. . , . . ..- •.`, „....,, . . • ..-: , . .. . . . .,. ' • .- . ., . : . . . . . . . Wsi ^ ..t.' (ATTACEDMIEE D-2) .. •-• 'e.srm-,,,.., , .. I - ,,,L ...... - i 1 r •>, - • • . • ,,-.. .. . • ('''«.....,..0'. , . . STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION . 1, Graham, North Carolina 27253 JAMES B.HUNT J R. GOVERNOR December 12, 1980 DIVISiON OF HIGHW THOMAS W.BRAOSHAVV,JR. SECRETARY ■ . , • i ■ 14r. Orange Eddie IckP3.annin. g Department t Hil_lsborou,gh, North Carolina 27278 .3, Subject: Preliminary Plan - Cornwallis Rills Off at 1009 (Old 86) . “ . Dear Kr. Kirk: ,. I We have reviewed the preliminary plan. for Cornwallis Iii.11 and offer the following comments. t 1. The centerline radius at, the intersection with ,Sii. 1009 . . , . needs to be increased to improve the al.i.goment o.f the ?... intersect:Lott. ; . fl 2. There are two (2) sets of reverse curves an tae loop road. that vtifl create sight distance problems at the t" cul-de-sac intersections if they are not improare.d. ...- t 3. The proposed landscaped islands in the cul-de-sac are I , not acceptable. 4. Final approval of the horizoatal. alignment Idli be made when the ocastructd.otl plans are approved. 5. Standard sigh,t distances 'wifl be required. at Pll inter- , sections. If there are any goestions7 please let us latair,r. . /ours lr- , truly, S. It..., ones .DISMOT ENGINEM. I SITJAIAB:jbh cc: Fhi_li.p Post and Associ.atee _ . . . . . , ORANGE (30-IIINTY PLAIN-NINO DEPARTMENT yrrx.sBoRouGEE NOR CAROLINA. 29278 osAt tt n \*** Zate\ MEMO TO: County Managers Office FROM: Planning Staff DATE: January 30, 198i SUBJECT: Alternatives for the application of the Flood Damage Prevention Ordinance. The Planning Staff feels there are two distinct alternatives possible for the Flood Damage Prevention Ordinance. Basically, the two alternatives are Alternative B, which would allow no development within the flood plain or Alternative A, which would allow some development provided the first floor elevation is higher the Base Flood elevation (Alternative A is contained in Section 4.2 of the draft ordinance) Alternative B would require few changes in the attached ordinance. The major changes would occur in Article 4, Section 4.3 which would read: 4.3 Construction within Floodwa s and Flood.lains Restricted a. No structure may be constructed and no substantial improvement of an existing structure may take place within any floodway of floodplain, other than allowed in 4.2; Section 4.3 (h), 4,3 (c), and 4.3 (d) woulrd be deleted under Alternative „•• B. /le 1 7/1f- .,z/e..411 go°9 FLOOD DAMAGE PREVENTION ORDINANCE . Li I,A ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES 1.1 STATUTORY AUTHORIZATION The Legislature of the State of North Carolina has in Section 110 of the Flood Disaster Protection Act of 1968 (Title XIII of the Housing and Urban Development Act of 1968 (Pub. L. 90-448), 42 U.S.C. 4001-4128, and 44 CFR Part 67.4(a) delegated the responsibility to local governmental units to adopt regulations designed to promote the b public health, safety, and general welfare of its citizenry. Therefore, the Board of County 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 for flood protection add 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 cnantlative 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 darAges. • 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 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 flood plains, stream channels, and natural protective barriers which are involved in the accomodation of flood waters; (d) control filling, grading, dredging and other development which may or flood damage; and", t 2 7 •j Tj 0`'p r or regulate the construction of flood barriers which will Ce) prevent 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 - flood 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 j , bridges located in flood plains; (f) to help maintain a stable tax base by providing for the sound use ' and development of flood prone areas it such a manner as to minimize future flood blight areas; and, (g) to insure that potential home buyers are notified that property is in a flood area. ARTICLE 2. DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "Appeal" means a request for a review of the building inspector's interpretation of any provision of this ordinance or a request for a variance. "Area of special flood hazard'! is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any giren year. • "Base flood" means the flood having a one percent chance of being equalled or • exceeded in any given year. Also known as the 100-year flood. "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. "Existing mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation I utilities, either final site grading or the pouring of concrete pads', and the construction of streets) is completed before the effective date of this ordinance. "Ex.ansion to an existin. mobile home •ark or mobile home subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets). "FloodLErlikndile means a general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation or runoff of Surface waters from any source. "Flood Hazard Boundary Map (FHBM)" means the official maps for Orange County, issued by the Federal Insurance Administrat.ion, where the boundaries of the areas of special flood hazard have been deaigriated as Zone A. "Flood Insurance Rate Map (FIRM)" Means the official maps for Orange County, on which the Federal Insurance Administration 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 written for Orange County by the Federal Insurance Administration. The report contains flood profiles, as well _ as the Flood Hazard Boundary—Floodway Map and the water surface elevation of the • base flood. HI2,2911213.1e any land area not in the floodway susceptible to being inundated by water from the base flood, and designated on the Flood Hazard Boundary Map prepared by the U.S. Department of Housing and Urban Development, or:if. nof designated on the maps, then designated in the Soil Survey of Orange County as Altavista (AA), Chewacl, (Ch), or Congaree (Cp) soils, or these soils are identified by a site survey and attendant topography, vegetation patterns, and physical flood evidence, such as mark on trees or vegetation. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. As used in this ordinance, the term refers to that area designated as floodway on the Flood Hazard Boundary Map, prepared by the U.S. Department of Housing and Urban Develop- , ment, a aopy of which is on file in the Planning Department. • "Habitable Floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A - , floor used only for storage is not a habitable floor. "Mobile Home" a portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semi—permanent foundation having a neasuzement, of over thirty—tworEeetin_LEmgal.nnd over eight feet in width. 4 fi Mobile home shall also mean a doublewide mobile home which is two or more portable manufactured housing units designed for transportation on their own chassis which connect on site for placement on a temporary or semi—permanent foundation of over thirty-two feet in length and over eight feet in width. "Mobile Home Space" a parcel of land occupied or intended to be occupied by one and only one mobile home, and for the exclusive use of the occupants of said mobile 1—me._ "New Construction" means structures for which the "start of construction" commenced on or after the effective date of this ordinance. "New mobile home park or mobile home subdivision" means a lot in single ownership (or contiguous parcels) proposed to be used for the placement of two or more mobile homes for use as dwelling units for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this ordinance. "Start of construction" means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation, including the relocatio — of a structure. Permanent construction does not 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 as part of the main structure. For structure (other than a mobile home) without a basement dr poured footings, the "start of construction" includes the first permanent framing or assembly of - . the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of ; streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. "Structure" means a walled and roofed building that is principally above ground, as well as a mobile home. "Substantial improvement" means, for a structure built prior to the enactment of this ordinance, any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty perceich of the market value of the structure (11 hafnre the improvement or repair is started, or (2) if the structure • • CI 1,1 ( - has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either. (1) any project for improvement of a structure to complyywith existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Registers of Historic Places or the State of North Carolina Inventory of Historic Places. "Variance" a relaxation of the terms of this ordinance where such variance will not be contrary to the public interest and, where, owing to conditions peculiar • to the property and not the result of actions or the situation of the applicant, a literal, enforcement of the ordinance would result in unnecessary and undue hardship. A variance is authorized only for the dimensional controls of this ordinance; establishment or expansion of a use otherwise prohibited shall hot be permitted by a variance. 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 "The Flood Insurance Study for Orange County, North Carolina," 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. In addition to the above designated areas it is the intention of Orange County to regulate building development in areas not covered by the FHBH. These areas are defined as alluvial soils on the SCS soils survey of Orange County. No building shall be allowed in an area designated as having alluvial soils.,7 ARTICLE 4. PROVISIONS FOR FLOOD HAZARD REDUCTION 4.1 ARTIFICIAL OBSTRUCTIOUS WITHIN FLOODWAYS PROHIBITED (a) No artificial obstructions may be located within any 1122111.1T11, except • , - r asiprovided in 4.2. (b) For purposes of this section, an artificial obstruction is any obstruction, other than a natural obstruction, that is capable of reducing the flood carrying capacity of a Stream or,that may accumulate debris and thereby reduce the flood carrying capacity of a stream. A natural obstruction includes any rock, tree, gravel, or analogous natural matter that is an obstruction and has been located within the floodway by a nonhuman cad 4.2 PERMISSIBLE USES WITHIN FLOODWAYS The following uses may be made of floodways as a matter of right and are not subject to 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, parking areas, aircraft runways and other similar ground level area uses; (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; (e) streets, bridges, overhead utility lines, railway lines and rights-of-way, ; creek and storm drainage facilities, sewage or waste treatment plant outlets, dams, water supply intake structures, and other similar public, community or utility uses; (f) temporary facilities (for a specified number of days) such as displays, circuses, carnivals, or similar transient amusement enterprises; (g) boat docks, ramp, piers or similar structures. 4.3 CONSTRUCTION WITHIN FLOODWAYS AND FLOODPLAINS RESTRICTED (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 flooL_ plain unless the lowest habitable floor is elevated to or above the base flood level. (c) No new nonresidential structure may be constructed and no substantial improvements of a nonresidential structure may take place within any floodplain unless the lowest floor (including basement) of the structure or improvement is elevated or floodproofed to or above the base flood 1--.1 • • thl ••■ (d) Whenever any portion of a floodplain is filled in with fill dirt, slopes shall be adequately stabilized to withstand the erosive force of the base flood. 4.4 WATER SUPPLY AND SANITARY SEVER Systems in Floodways and Floodplains. (a) Whenever any portion of a proposed development is located within a flood- way or floodplain 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 floodplain. 'Thereafter approval of the proposed system by that agency shall consti tute a certification that: (1) such water supply system is designed to minimize or eliminate infiltration of flood waters into it. (2) such sanitary sewer system is designed to eliminate infiltration. . o of flood waters into it and discharges from it into flood waters. (3) any on-site sewage disposal system is located to avoid impairment to it or contamination from it during flooding. , I , 4.5 MOBILE HOMES (a) No mobile home shall be placed in a floodway except in an existing mobile - home park or existing mobile home subdivision. (b) All mobile homes located in the floodway after the adoption of this ordinance shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that: (1) over-the-top ties be provided at each end of the mobile home, with one additional tie per side at an intermediate location on mobile homes of less than fifty feet and one additional tie per side for mobile homes of fifty feet or more. (2) frame ties be provided at each corner of the mobile home with four additional ties per side at intermediate points for mobile homes less than fifty feet long and one additional fie for mobile homes of fifty feet or longer. (3) all components of the anchoring system be capable of carrying a force of 4,800 pounds, and (4) any additions to the mobile home be similarly anchored. 4:6) Main 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 4.1 thru 4.5 if any portion of the land to be subdivided lies within a floodway or floodplain. (b) Final plat approval for any subdivision containing land that lies within a floodway or floodplain may not be given unless the plat shows the boundary of the floodplain or floodway and any lots created by the pli_ partly or wholly within floodway or floodplain areas are clearly labled use of land within a floodway or floodplain is substantially restricted by the Orange County Flood Damage Prevention Ordinance. ' 1 ARTICLE 5. ADMINISTRATION 5.1 BUILDING PERMIT REQUIRED" _ ` Building Permits shall be required in conformance with the provisions of this ordinance. 5.2 DESIGNATION OF BUILDING INSPECTOR The building inspector is hereby appointed to administer and implement the prov4 sions of this ordinance. 5.3 DUTIES AND RESPONSIBILITIES OF THE BUILDING INSPECTOR Duties of the building inspector shall include, but not be limited to: (a) Review all building 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 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 watercourse, and submit evidence of such notification to the Fe( al Insurance Administration. (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) 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. 1 t • .;". ■k• . (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 building inspector shall obtain certification from a registered professional engineer or architect. (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 building inspebtor shall 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.' (i) When base flood elevation data has not been provided in accordance with • Article 3, Section B, then the building inspector shall use the Orange County Soil Survey and any other data available from a federal, state or other source, in order to administer the provisions of Article 5. (j) Al]. records pertaining to the provisions of this ordinance shall be maintained in the office of the building inspector and shall be open . 1 for public inspection. • , 5.4 PERMIT PROCEDURES Application for a building permit shall be made to the building inspecbor. Information requested on the applicationr_shall include all information as:Ttovided for on a building permit. In addition the following may be required: (a) Plot plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question. (b) Existing or proposed structures, fill storage of materials; drainage • facilities, and the location of the foregoing. Specifically, the i! ' • . following information is required. • (c) Elevation in relation to mean sea level of the lowest floor (including basement of all structures. - i (d) Elevation in relation to mean sea level to which any non-residential • . structure has been flood-Proofed. (e) Provide a certificate from a registered professional engineer or architect that the non-residential flood-proofed structure meets the ' • . • flood-Proofing criteria in Article 5, Section B(2). (f) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 5.5 i,?V'i111TANCE PROCEDURES (a) The Board of Adjustment as authorized by the Orange County Board of Commissioners shall 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 building inspector in the enforcement or administration of this ordinance. (c) Any person aggrieved by the decision of the Board of Adjustment, or any taxpayer may appeal such decision to the Orange County Superior Court, as provided in Section 160A-388.of the North Carolina General Statutes. (d) Variances may be issued for the reconstructrkou, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State of North Carolina Inventory of Historic Places without regard to the procedures set forth in the remainder of this section. (e) In passing upon such applications, the Board of Adjustment shall consider all technical evaluations, all relevant factors; 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 effett 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 compatability of the proposed use with existing and anticipa!� development; (0) the relationship of the proposed use to the comprehensive plan and flood plain management program for that area; (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, ti (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. (f) UpOn consideration of the factors listed above and the purposes of this ordinance, the Board of Adjustment may attabh 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 shall only be issued upon a determination that the variancetis the minimum necessary, considering the flood hazard, to afford relief. (2) 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 to the applicant; and, (iii) a determination that the granting of a variance will not result in increased flop heights, additional, threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local 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 to be build and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (4) The building inspector shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 5.6 SPECIFIC STANDARDS In all areas of special flood hazard where base flood elevation data has been provided as set forth in Article 3, Section B, or Article 4, Section B (11), the following provisions are required: • (1) Residential Construction - New construction or substantial improvement of any residential structure shall have the lowest floor, including basement', eTevated to or above base flood ,J1 (2) lion-residential Construction - New construction or substantial improvement of any commercial, industrial or other non--residentiAl structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendent utility and sanitary facilities, be flood-proofed so that below the base flood level the structure is water tight with walls substantially impermeable to the passage of water and with structural 3 components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyance. 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 C(3). (3) Mobile Homes (a) No mobile home shall be placed in a floodway, except in an existing 1 mobile home park or existing mobile home subdivision. (b) All mobile homes "shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that: (i) over-the-top ties be provided at each end of the mobile home, with one additional tie per side at an intermediate location on mobile homes ofNless than fifty feet and one additional• tie per side for mobile homes of fifty feet or more. (ii) frameties be provided at each corner of the home with four additional ties per side at intermediate points for mobile homes less than fifty feet long and one additional tie for mobile homes of fifty feet or longer; (iii) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and, (iv) any additions to the mobile home be similarly anchored. (c) For new mobile home parks and subdivisions; for expansions to _ existing mobile home parks and subdivisions; for existing mobile home parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty percent of value of the streets, utilities and pads before the repair, reconstruction or improvement has commended; and, for mobile homes not placed in a mobile home park or subdivision require: (i) stands or lots are elevated on compacted fill or on pilings • so that the lowest floor of the,MObile home will be att) t:? - or above the:base flood level; (ii) adequate surface drainage and access for a hauler are provided; and, (iii) in the instance of elevation on pilings: (1) lots are large enough to permit steps; (2) piling foundations are placed in stable soil no more than ten feet apart, and, 1 ' (3) reinforcement is, provided for pilings more than six feet above the ground level. (4) Floodways — Located within areas of special flood hazard established in Article 3, Section B, are areas designated as floodways. Since the flood-watert which carry debris, potential projectiles and erosion potential, the following provisions shall, apply: • (a) Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurence • • of the base flood discharge. (b) If Article 5, Section B(4)(a), is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. (c) Prohibit the placement of any mobile homes, except in an existing mobile home park or existing mobile home subdivision. ARTICLE 6. 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 7. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any 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. • • 4 O 1=i.& : ' ARTICLE. 8. 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 protection of the public health;. safety, and welfare. ARTICLE 9. 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 considerations. 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 thereunder. ARTICLE 10. 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 adjudged in violation of this ordinance shall be punished as provided in G.S. 1A-4. Each day such violation continues shall be • • considered a sdparate offense. Nothing herein contained shall prevent Oranl. County from taking such other lawful action as is necessary to prevent or remedy • any violation. e