Flood Plain Management Ordinance1
FLOOD PLAIN MANAGEMENT ORDINANCE
FOR HARNETT COUNTY, NORTH CAROLINA
August 21, 1978
FLOOD PLAIN MANAGEMENT ORDINANCE
FOR HARNETT COUNTY, NORTH CAROLINA
August 21, 1978
RELATED SECTIONS
(Sections of the Ordinance that relate to the sections of the regulations.)
Federal Register, Vol. 41, No. 207 Flood Plain Management
Tuesday, October 26, 1976 Ordinance
Regulations Section
1910.3(b)
(1) .................... . 5.1
(2)
(a)
(2)
. . . . . . . . . . . . .
. . . . 5.2.4
(3)
5.1.1
(i) . . . . . . . . . . .
.1 a )
. . . . . . . . . 5.1 (
. . . . . . . . . .
. . . . . . . . . 5.1.1 (b)
. . . . . . . . . .
. . . . . . . . . 5.1.1(c)
(4)
....................
5.2
(i) ....................
5.2.1
(i i) . . . . . . . . .
. . . . . . . . . 5.2.2
. . . . . . . . . .
. . . . . . . . . 5.2.3
(5)
....................
5.3
(6)
(i) . . . . . . . . . . .
. . . . . . . . . 5.4
(ii) . . . . . . . . . . .
. . . . . . . . . 5.5
(3)
......................
5.2.5
(4)
.....................
5.6
(i)
.
. . . . . . . . . . . . . .
. . . . . . . . . 5.6.1
....................
5.6.2
(5)
....................
5.7
(i)
. . . . . . . . .
. . . . . . . . 5.7.1
(i i)
. . . . . . . . .
. . . . . . . . . 5.7.2
. . . . . . .
. . . . . . . . . 5.7
(6)
....................
5.10
(7)
. . . . . . . . . . .
. . . . . . . . . 5.10.1
(8)
....................
5.8
(i)
. . . . . . . . . .
. . . . . . . . . 5.8.1
(i i)
. . . . . . . . . .
. . . . . . . . . 5.8.2
. . . . . . . . .
. . . . . . . . . 5.8.3
(iv)
.........................
5.8.4
(9)
..................
5.9
1910. Subpart C (Analysis) . . . . . . . . . . Page 1, Whereas No. 6
HARNETT COUNTY FLOOD PLAI14 MANAGEMENT ORDINANCE
Whereas, many citizens of this country have suffered severe damages to
life, health, and property from flooding of the nation's waterways,.and
Whereas, the Congress of the United States and the General Assembly have
recognized such loss and damages and attempted to mitigate their severity
through a series of legislative acts, and
Whereas, through the enactment of a Federal Flood Insurance Program the
Congress has provided for financial support of flood victims and coupled such
support with requirements for action by local governments to minimize damage
from flooding, and
Whereas, the Board of Commissioners of Harnett County, North Carolina is
cognizant of the hazards of flooding, wishes to assist in the protection of
the citizens of Harnett County against such hazards, and wishes to allow
such citizens to take advantage of the Federal Flood Insurance Program, and
Whereas, the Federal Insurance Administration of the Department of
Housing and Urban Development has adopted revised regulations for the Federal
Flood Insurance Program, and officials of Harnett County have made a
thorough analysis of such revised regulations and desire to comply therewith,
NOW, THEREFORE, the Board of Commissioners of Harnett County, North
Carolina does ordain this Flood Plain Management Ordinance.
Section 1. Puraose and Authorit
The purpose of regulating these flood plains as set forth in this
ordinance and as authorized by Chapter 143, Article 21, Part 6 and Chapter
153A, Article 6, Partl2l of the General Statutes of North Carolina is to help
control and minimize the extent of floods by preventing obstructions which
inhibit water flow and increase flood height and damage and to otherwise
regulate the use of the flood hazard areas to prevent or minimize loss of
life, injuries, property damage, and other losses, both public and private,
in flood hazard areas and to promote the public health, safety and general
welfare of the citizens of Harnett County, North Carolina.
Section 2. Intent
This ordinance is intended to permit only that development within
the flood hazard area which is appropriate in light of the probability of
flood damage and presents a reasonable social and economic use of land in
relation to the hazards involved. The regulations hereinafter set forth in
this ordinance shall apply to all property located within the hazard areas
as shown on the Official Flood Hazard Boundary Maps which are incorporated
herein by reference and made a part of this ordinance.
1
Section 3. Territorial Covera
The provisions of this ordinance shall be applied within the
boundaries of Harnett County.
Section 4. Definitions
4.1 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 given year. The area may be designated as
Zone A on the Flood Hazard Boundary Map. After detailed rate-
making has been completed in preparation for publication of
the Flood Insurance Rate Map, Zone A usually is refined into
Zones A, A0, Al -99, V0, and VI -30.
4.2 Base flood means the flood having a one percent chance of
einb�` g equalled or exceeded in any given year.
4.3 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.
4.4 Flood or Flooding means:
(a) A general and temporary condition of partial or complete
inundation of normally dry land areas from:
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of
surface waters from any source.
3. Mudslides (i.e.,.mudflows) which are proximately
caused or precipitated by accumulations of water
on or under the ground.
(b) The collapse or subsidence of land along the shore of a
lake or other body of water as a result of erosion or
undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an
unusually high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated
force of nature, such as flash flood or an abnormal
tidal surge, or by some similarly unusual and unforeseeable
event which results in flooding as defined above in
4.4(a) 1.
4.5 Flood elevation determination means a determination by the
Federal Insurance Administrator.of the water surface elevations
of the base flood, that is, the flood level that has a one
percent or greater chance of occurrence in any given year.
4.6 Flood Hazard Boundary Map (FHBM) means an official map of a
community, issued by the Federal Insurance Administrator,
where the boundaries of the flood, mudslide (i.e., mudflow)
related erosion areas having special hazards have been designated
as Zone A, M, and /or E.
4.7 Flood insurance means the insurance coverage provided under
the program.
4.8 Flood Insurance Rate Map (FIRM) means an official map of a
community on which the Federal Insurance Administrator has
delineated both the special hazard areas and the risk premium
zones applicable to the community.
4.9 Flood Plain or Floor -Prone Area means any land area susceptible
to being inundated by water from any source (see definition of
"Flooding ").
4.10 Flood Plain Management means the operation of an overall
program of corrective and preventive measures for reducing
flood damage, including but not limited to emergency preparedness
plans, flood control works and flood plain management regulations.
4.11 Flood related erosion means the collapse or subsidence of land
along the shore of a lake or other body of water as a result of
undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually
high water level in a natural body of water, accompanied by a
severe storm, or by an unanticipated force of nature, such as
a flash flood or an abnormal tidal surge, or by some similarly
unusual and unforeseeable event which results in flooding.
4.12 Floodway - see "Regulatory floodway ".
4.13 Regulatory 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 a designated
height.
4.14 Structure means, for flood plain management purposes, a walled
and roofed building, including a gas or liquid storage tank,
that is principally above ground, as well as a mobile home.
Structure for insurance coverage purposes, means a walled and
roofed building, other than a gas or liquid storage tank, that
is principally above ground and affixed to a permanent site, as
well as a mobile home on foundation. For the latter purpose,
the term includes a building.while in the course of
construction, alteration or repair, but does not include
building materials or supplies intended for use in such
construction, alteration or repair, unless such materials or
supplies are within an enclosed building on the premises.
4.15 Substantial improvement means any repair, reconstruction, or
improvT ems a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure either,
(a) before the improvement or repair is started, or (b) if
the structure has been damaged, and is being restored, before the
damage occurred. For the purpose 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, includes either (1) any project for improvement of a
structure to comply with 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 Register of Historic Places or a State
Inventory of Historic Places.
Section 5. Requirements
All proposed development, new construction and substantial'improve-
ments in the designated Flood Hazard Boundary Area will be subject to the
following requirements:
5.1 Permits are required for all proposed construction and other
developments, including the placement of mobile homes and
prefabricated buildings, within Zone A on the Flood Hazard
Maps or the Flood Insurance Rate Maps.
5.1.1 Permit applications will be reviewed to determine
whether the proposed building sites will be reasonably
safe from flooding and flood related erosion. If a
proposed,building site is in a flood -prone area,
all new construction and substantial improvements
(including the placement of prefabricated buildings and
mobile homes) shall:
5.1.1.a. be designed (or modified) and adequately
anchored to prevent flotation, collapse or
lateral movement of the structure, and
5.1.1.b. be constructed with materials and utility
equipment resistant to flood damage, and
5.1.1.c. be constructed by methods and practices that
minimize flood damage.
5.2 Permit applications for subdivision proposals and other
proposed new development will be reviewed to determine
whether such proposals will be reasonably safe from flooding
and flood related erosion. If a subdivision proposal or
other proposed new development is in a flood -prone area,
such proposals shall be reviewed to assure that:
5.2.1 All such proposals are consistent with the need to
minimize flood damage within the flood -prone area, and
5.2.2 All public utilities and facilities, such as
sewer, gas, electrical, and water systems are
located and constructed to minimize or eliminate
flood damage, and
5.2.3 Adequate drainage is provided to reduce exposure to
flood hazards
5.2.4 All proposed development will be reviewed to assure
that all necessary permits have been received from those
governmental agencies from which approval is required
by Federal or State law, including Section 404 of the
Federal Water Pollution Control Act Amendments of 1972,
33 USC 1334.
5.2.5 All subdivision proposal's and other proposed new
developments greater than 50 lots or 5 acres, which-
ever is the lesser, are required to include with such
proposals the base flood elevation data.
5.3 Within flood -prone areas new and replacement water supply systems
are required to be designed to minimize or eliminate infiltration
of flood waters into the systems, and
5.4 All new and replacement sanitary sewage systems within flood -
prone areas are required to be designed to minimize or
eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters, and
5.5 All on -site waste disposal systems within flood -prone
areas are required to be located to avoid impairment to them or
contamination from them during flooding.
5.6 Any base flood elevation data available from a Federal, State
or other source shall be obtained, reviewed and reasonably
utilized until such other data has been provided by the Federal
Insurance Administrator, as criteria for requiring that:
5.6.1 all new construction and substantial improvements of
residential structures have the lowest floor
(including basement) elevated to or above the base
flood level, and
5.6.2 All new construction and substantial improvements of
non - residential structures have the lowest floor
(including basement) elevated or flood proofed to or above
the base flood level).
5
5.7 For the purpose of the determination of applicable flood
insurance risk premium rates within Zone A on the Flood Hazard
Boundary Map, the following information will be filed with
the Enforcement Officer of this ordinance:
5.7.1 the elevation (in relation to mean lea level) of the
lowest habitable floor (including basement) of all new
or substantially improved structures, and whether or
not such structures contain a basement, and
5.7.2 if the structure has been flood - proofed, the elevation
(in relation to mean sea level) to which the structure
was flood - proofed.
5.8 All mobile homes to be placed
Boundary Maps are required to
collapse or lateral movement
frame ties to ground anchors.
following manner:
within Zone.A on the Flood Hazard
be anchored to resist flotation,
by providing over - the -top and
This will be accomplished in the
5.8.1 over - the -top ties shall be provided at each of the
four corners of the mobile home, with two (2)
additional ties per side at intermediate locations.
Mobile homes less than fifty (50) feet long will require
only one (1) additional tie per side.
5.8.2 frame ties shall be provided at each corner of the home
with five (5) additional ties per side at intermediate
points. Mobile homes less than fifty (50) feet long
will require only four (4) additional ties per side.
5.8.3 all components of the anchoring system are required
to be capable of carrying a force of 4,800 pounds, and
5.8.4 any additions to the mobile home shall be similarly
anchored.
5.9 All mobile home parks and mobile home subdivisions located
within Zone A on the Flood Hazard Boundary Map, are required to
have filed an evacuation plan indicating alternate vehicular
access and escape routes with the appropriate Disaster Preparedness
Authorities.
5.10 The Enforcement Officer of this ordinance is required to notify,
in riverine situations, the adjacent communities and the
State Coordinating Office prior to any alteration or relocation
of a watercourse. He will submit copies of such notification
to the Federal Insurance Administrator. He will also assure that
5.10.1 the flood carrying capacity within the altered or
relocated portion of any watercourse is maintained.
Section 6. Administration and Enforcement
6.1 Enforcement Officer. The Planning and Development Director for
Barnett County, North Carolina, shall be the Enforcement Officer
and as such shall administer and enforce this or Any
violation hereof shall constitute a misdemeanor. Provided, the
Enforcement Officer shall give any person in violation of this
ordinance a reasonable opportunity not to exceed thirty (30)
days to correct such violation before pursuing any other legal
remedy.
6.2 Building Permit. It shall be unlawful to use or permit the
use of any building or premises or part thereof hereafter created,
erected, changed, converted, altered or enlarged, wholly, or
partly in its use of structure, until a building permit shall
have been issued by the Enforcement Officer.
6.3 Duties of the Enforcement Officer.
6.3.1 Receive, review, and issue all permits required by
Section 5 of this ordinance.
6.3.2 Make inspections of work in progress and at completion,
issue orders to correct violations, bring any necessary
judicial actions against actual or threatened violations,
keep records, and take any other actions required in
order to adequately enforce this ordinance.
6.4 Plans and Specifications. To determine compliance with this ordinance
t -Fe —
Enforcement Officer shall review the plans and specifications
that are submitted in conformance with the North Carolina State
Building Code. The plans and specifications shall be
accompanied by a certificate prepared by the developer or builder
or his licensed architect, or his licensed engineer to determine
that the construction, alterations, repairs, or proposed
development complies with the provisions set forth in Section 5
above. Unless the certificate is prepared by a licensed
architect or licensed engineer, the Enforcement Officer-may deny
the permit if it appears there are no reasonable grounds for .
the certification.
6.5 Assurances. The Enforcement Officer may deny a permit unless
assurance is obtained from the appropriate branch of the
Department of Human Resources, or the Department of Natural
Resources & Community Development, or the local Health Depart-
ment that the said water supply and /or sanitary sewage systems
are in conformance with this regulation.
6.6 Other flood lain Tana ement ro rams. The Enforcement Officer
sha take into account lood plain management programs, if any,
already in effect in neighboring areas.
Section 7. General Provisions
7.1 The provisions of this ordinance apply at a minimum to all areas
identified by the Federal Insurance Administrator as flood plain
areas having special flood hazards, and
7.2 Provide that within the flood plain area having special flood
hazards, the laws and ordinance concerning land use and control
and other measures designed to reduce flood losses shall take
precedence over any conflicting laws, ordinances, or codes.
Section 8. Appeals Board
If the developer or builder desires to appeal the denial of the
Enforcement Officer for a permit, he will submit a written request within 30
days of the denial to the Harnett County Board of Commissioners stating his
reasons for requesting such appeal. The Board of Commissioners will constitute
the Appeals Board or they may appoint such Appeals Board members to act in their
stead. The decision of the Enforcement Officer may be reversed by the majority
of the members of the Appeals Board.
Section 9. Liability
The granting of a permit shall not constitute a guarantee or warranty
of any kind by the County, any officer, employee, or board, as to the safety or
practicability of any structure or uses thereof or any other plan proposed and
shall create no cause of action against or liability upon the County, officer,
employees or board for damage to property by flood or otherwise. This ordinance
does not imply that property inside or outside the flood hazard area will be free
from flood damage.
Section 10. Amendments
The Harnett County Board of Commissioners may from time to time
amend the terms of this ordinance to effect further compliance with the Federal
Flood Insurance Program. This entire ordinance may be revoked and rewritten or
amended as deemed appropriate by the Board of Commissioners.
Section 11. Severability
If any of the provisions of this ordinance or the application thereof
to any person or circumstances is held invalid, such invalidity shall not affect
other provisions or applications of the ordinance which can be given effect with-
out the invalid provisions or application, and to this end the provisions of this
ordinance are declared to be severable.
Section 12. Effective Date
This ordinance shall take effect and be in force from and after
its adoption by the Harnett County Board of Commissioners this twenty -first
day of August, 1978.
Passed and Adopted
Approved as to form and legal sufficiency
�tyAttorney
E