02/19/90 Flood Damage Prevention Text AmendmentIT2 g6
&R 14 18 1.2 -AP 90
GAYLE P. HOLDER
REM`IER:Of_OEEDS .
ORDINANCE AMENDING AN ORDINANCE ENTITLMNETT COUNTY. NO
FLOOD DAMAGE PREVENTION ORDINANCE
FOR HARNETT COUNTY, NORTH CAROLINA
ADOPTED April 4, 1988
(amended February 19, 1990)
WHEREAS, this Board adopted an Ordinance on April 4, 1988
entitled "Flood Damage Prevention Ordinance for Harnett County,
North Carolina "; and
WHEREAS, this Board is of the opinion that the amendments
set forth below are necessary to the clear and efficient working
of the Ordinance; and
WHEREAS, said amendments have been submitted to the Harnett
County Planning Board for review and recommendation, where they
have been favorably reported; and
WHEREAS, pursuant to N. C. Gen. Statutes 153A and 143, after
notice as by law provided, a public hearing has been held
concerning adoption of the amendments;
NOW, THEREFORE, BE IT ORDAINED:
That the Flood Damage Prevention Ordinance for Harnett County be
revised to read as follows:
FLOOD DANAGE PREVENTION ORDINANCE
ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND
OBJECTIVES
SECTION A. Statutory Authorization
The Legislature of the State of North Carolina has in Part 6, Article 21
of Chapter 143; parts 3 and 4 of Article 18 of Chapter 153A; and Article
6 of Chapter 153A of the N. C. General statutes, delegated the responsi-
bility to local governmental units to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry.
Therefore, the Board of Commissioners of Harnett County, North Carolina
does ordain as follows:
SECTION B. Findings of Fact "
(1) The flood hazard areas of the Harnett 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 and relief,
and impairment of the tax base, all of which adversely affect the
public health, safety and general welfare.
(2) These flood losses are caused by the cumulative effect of
obstructions in 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 inade-
quately elevated, flood-proofed, or otherwise protected from flood
damages.
SECTION C. Statement of Purpose
It is the purpose of this ordinance to promote the public health, safety
and general welfare and to minimize public and private losses due to
flood conditions in specific areas by provisions designed to:
(1) restrict or prohibit uses which are dangerous to health, safety,
and property due to water or erosion hazards, or which result in
damaging increases in erosion or in flood heights or velocities;
(2) require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
(3) control the alteration of natural flood plains, stream channels,
and natural protective barriers, which are involved in the
accommodation of flood waters;
(4) control filling, grading, dredging, and other development which
may increase erosion or flood damage; and
(5) prevent or regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards
to other lands.
SECTION D. Objectives
The objectives of this ordinance are:
(1) to protect human life and health;
(2) to minimize expenditure of public money for costly flood control
projects;
(3) to minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general
public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, and streets and
bridges located in flood plains;
(6) to help maintain a stable tax base by providing for the sound use
and development of flood -prone areas in such a manner as to
minimize flood blight areas; and
(7) 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 ordi-
nance 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 local administrator's
interpretation of any provision of this ordinance or a request for a
variance.
"Addition (to an existing building)" means any walled and roofed expan-
sion to the perimeter of a building in which the addition is connected
by a common load- bearing wall other than a fire wall. Any walled or
roofed addition which is connected by a fire wall or is separated by
independent perimeter load-bearing walls is new construction.
"Area of shallow flooding" means a designated AO or VO Zone on a commu-
nity's Flood Insurance Rate Map (FIRM) with base flood depths from one
to three feet where a clearly defined channel does not exist, where the
path of flooding is unpredictable and indeterminate, and where velocity
flow may be evident.
"Area of Special Flood Hazard" is the land in the flood plain within a
community subject to a one percent or greater chance of flooding in any
given year.
"Base Flood" means the flood having a one percent chance of being
equaled or exceeded in any given year.
"Basement" means that portion of a building having its floor subgrade
(below ground level) on all sides.
"Breakaway wall" means a wall that is not part of the structural support
of the building and is intended through its design and construction to
collapse under specific lateral loading forces without causing damage to
the elevated portion of the building or the supporting foundation
system.
"Building" means any structure built for support, shelter, or enclosure
for an occupancy or storage.
"Development" means any man -made change to improved or unimproved real
estate, including, but not limited to, buildings or other structures,
mining, dredging, filling, grading, paving, excavating, drilling
operations, or permanent storage of materials or equipment.
"Elevated building" means a non- basement building built to have the
lowest floor elevated above the ground level by means of fill, solid
foundation perimeter walls, pilings, columns (posts and piers), shear
walls, or breakaway walls.
, I•
"Existing Construction" any structure for which the "start of
construction" commenced before the effective date of the county's first
floodplain management ordinance which was adopted on April 4, 1988.
"Existing manufactured home park or manufactured home subdivision" means
a manufactured home park or subdivision for which the construction of
facilities for servicing the lots on which the manufactured homes are to
be affixed (including at a minimum the installation of utilities, the
construction of streets, and either final site grading or the pouring of
concrete pads) is completed before the effective date of the floodplain
management regulations adopted by the county on April 4, 1988.
"Expansion.of an existing manufactured home park or subdivision" means
the preparation of additional sites by the construction of facilities
for servicing the lots on which the manufactured homes are to be affixed
(including the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads).
"Flood" or "Flooding" means a general and temporary condition of partial
or complete inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters; and,
(2) the unusual and rapid accumulation of runoff of surface waters
from any source.
"Flood Hazard Boundary Map (FIIBM)" means the official map issued by the
Federal Emergency Management Agency where the boundaries of the areas of
special flood hazard have been defined as Zone A.
"Flood Insurance Rate Map (FIRM)" means an official map of a community,
on which the Federal Emergency Management Agency has delineated both the
areas of special flood hazard and the risk premium zones applicable to
the community.
"Flood Insurance Study" is the official report provided by the Federal
Emergency Management Agency. The report contains flood profiles, as
well as the Flood Boundary Floodway Map and the water surface elevation
of the base flood.
" 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.
"Floor" means the top surface of an enclosed area in a building (includ-
ing basement), i.e., top of slab in concrete slab construction or top of
wood flooring in wood frame construction. The term does not include the
floor of a garage used solely for parking vehicles.
"Functionally dependent facility" means a facility which cannot be used
for its intended purpose unless it is located or carried out in close
proximity to water, such as a docking or port facility necessary for the
loading and unloading of cargo or passengers, shipbuilding, ship repair,
or seafood processing facilities. The term does not include long -term
storage, manufacture, sales, or service facilities.
"Highest Adjacent Grade" means the highest natural elevation of the
ground surface, prior to construction, next to the proposed walls of the
structure.
"Historic Structure" means any structure that is
a. Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or
preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National
Register:
b. Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a
registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic
district:
C. Individually listed on a state inventory of historic places in
states with historic preservation programs which have been
approved by the Secretary of the Interior; or
d. Individually listed on a local inventory of historic places in
communities with historic preservation programs that have been
certified either:
1. By an approved state program as determined by the Secretary
of the Interior, or
2. Directly by the Secretary of the Interior in states without
approved programs.
"Mangrove stand" means an assemblage of mangrove trees which is mostly
low trees noted for a copious development of interlacing adventitious
roots above the ground and which contains one or more of the following
species: black mangrove (Avicennianitida); red mangrove (Rhizophora
mangle); white mangrove (Longunculariaracemosa); and buttonwood
(Conocarpus erecta).
"Manufactured home" means a building, transportable in one or more
sections, which is.built on a permanent chassis and designed to be used
with or without a permanent foundation when connected to the required
utilities. The term also includes park trailers, travel trailers, and
similar transportable structures placed on a site for 180 consecutive
days or longer and intended to be improved property.
"Mean Seal Level" means the average height of the sea for all stages of
the tide. It is used as a reference for establishing various elevations
within the flood plain. For purposes of this ordinance, the term is
synonymous with National Geodetic Vertical Datum (NGVD).
a
"National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is a
vertical control used as a reference of establishing varying elevations
within the flood plain.
"New construction" means any structure for which the "start of construc-
tion" commenced after (the effective date of the first floodplain
management code, ordinance, or standard based upon specific technical
base flood elevation data which establishes the area of special flood
hazard) or (specific date). The term also includes any subsequent
improvements to such structure.
"New manufactured home park or subdivision" means a manufactured home
park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed
(including at a minimum, the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads) is completed on or after the effective date of floodplain
management regulations adopted by a community.
"Recreational vehicle" means a vehicle which is:
a. built on a single chassis;
b. 400 square feet or less when measured at the largest
horizontal projection;
C. designed to be self - propelled or permanently towable by a
light duty truck; and
d. designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel,
or seasonal use.
"Start of Construction" (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (P.L. 97 -348),
includes substantial improvement and means the date the building permit
was issued, provided the actual start of construction, repair, recon-
struction, or improvement was within 180 days of the permit date. The
actual start means the first placement of permanent construction of a
building (including a manufactured home) on a site, such as the pouring
of slabs or footings,' installation of piles, construction of columns, or
any work beyond the stage of excavation or the placement of a manufac-
tured home on a foundation. Permanent construction does not include
land preparation, such as clearing, grading and filling; nor does it
include the installation of streets and /or walkways; nor does it include
excavation for a basement, footings, piers or foundations or the.erec- .
tion 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 building. For a
substantial improvement, the actual start of construction means the
first alteration of any wall, ceiling, floor, or other structural part
of a building, whether or not that alteration affects the external
dimensions of the building.
"Structure" means a walled and roofed building that is principally above
ground, a manufactured home, a gas or liquid storage tank, or other
man -made facilities or infrastructures.
"Substantial damage" means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged
condition would equal or exceed 50 percent of the market value of the
structure before the damage occurred.
"Substantial Improvement" means any combination of repairs, reconstruc-
tion, alteration, or improvements to a building, taking place during the
life of a building, in which the cumulative cost equals or exceeds fifty
percent of the market value of the building. The market value of the
building should be (1) the appraised value of the building prior to the
start of the initial repair or improvement, or (2) in the case of
damage, the value of the building prior to the damage occurring. This
term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. 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 building. The term does not, however,
include any project for improvement of a building required to comply
with existing health, sanitary, or safety code specifications which have
been identified by the Code Enforcement Official and which are solely
necessary to assure safe living conditions.
"Substantially improved existing manufactured home parks or subdivi-
sions" is where the repair, reconstruction, rehabilitation, or improve-
ment of the streets, utilities, and pads equals or exceeds 50 percent of
the value of the streets, utilities, and pads before the repair, recon-
struction, or improvement commenced.
"Variance" is a grant of relief from the requirements of this ordinance
which permits construction in a manner otherwise prohibited by this
ordinance where specific enforcement would result in unnecessary
hardship.
ARTICLE 3. GENERAL PROVISIONS
SECTION A. Lands to Which This Ordinance Applies
This ordinance shall apply to all areas of special flood hazard within
the jurisdiction of Harnett County.
SECTION B. Basis for Establishing the Areas of Special Flood Hazard
The areas of special flood hazard identified by the Federal Emergency
Management Agency in its Flood Hazard Boundary Maps, dated April 16,
1990, with accompanying maps and other supporting data, and any revision
thereto are adopted by reference and.declared to be a part of this
ordinance.
SECTION C. Establishment of Development Permit
A Development Permit shall be required in conformance with the provi-
sions of this ordinance prior to the commencement of any development
activities.
SECTION D. Compliance
No structure or land shall hereafter be located, or extended, converted,
or structurally altered without full compliance with the terms of this
ordinance and other applicable regulations.
SECTION E. Abrogation and Greater Restrictions
This ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants or deed restrictions. However, where this
ordinance and another conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
SECTION F. Interpretation
In the interpretation and application of this.ordinance, all provisions
shall be: (1) considered as minimum requirements, (2) liberally con-
strued in favor of the governing body, and (3) deemed neither to limit
nor repeal any other powers granted under state statutes.
SECTION G. Warning and Disclaimer of Liability
The degree of flood protection required by this ordinance is considered
reasonable for regulatory purposes and is based on scientific and
engineering consideration. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural
causes. This ordinance does not imply that land outside the areas of
special flood hazard or uses permitted within such areas will be free
from flooding or flood damages. This ordinance shall not create liabil-
ity on the part of the Harnett County or by any officer or employee
thereof for any flood damages that result from reliance on this ordi-
nance or any administrative decision lawfully made thereunder.
SECTION H. Penalties for Violation
Violation of the provisions of this ordinance or failure to comply with
any of its requirements, including violation of conditions and safe-
guards established in connection with grants of variance or special
exceptions, shall constitute a misdemeanor. Any person who violates
this ordinance or fails to comply with any of its requirements shall,
upon conviction thereof, be fined not more than $50 or imprisoned for
not more than 30 days, or both, and in addition shall pay all costs and
expenses involved in the case. Each day such violation continues shall
be considered a separate offense. Nothing herein contained shall
prevent Harnett County from taking such other lawful action as is neces-
sary to prevent or remedy any violation.
ARTICLE 4. ADMINISTRATION
SECTION A. Designation of Local Administrator
The Flood Damage Prevention Officer is hereby appointed to administer
and implement the provisions of this ordinance.
SECTION B. PERMIT PROCEDURES
Application for a Development Permit shall be made to the local adminis-
trator on forms furnished by him or her prior to any development activi-
ties, and may include, but not be limited to, the following plans in
duplicate drawn to scale showing the nature, location, dimensions, and
elevations of the area in question; existing or proposed structures,
earthen fill, storage of materials or equipment, drainage facilities,
and the location of the foregoing. Specifically, the following
information is required:
(1) Application Stage.
(a) Elevation in relation to mean sea level of the proposed lowest
floor (including basement) of all buildings;
(b) Elevation in relation to mean seal level to which any
nonresidential building will be flood - pruofed;
(c) Certificate from a registered professional engineer or
architect that the nonresidential flood - proofed building will
meet the flood - proofing criteria in Article 5, Section B (2);
(d) Description of the extent to which any watercourse will be
altered or relocated as result of proposed development; and
(2) Construction Stage.
Provide a floor elevation or flood - proofing certification after the
lowest floor is completed, after replacement of the horizontal
structural members of the lowest floor. Upon placement of the
lowest floor, or flood - proofing by whatever construction means, or
upon placement of the horizontal structural members of the lowest
floor, whichever is applicable, it shall be the duty of the permit
holder to submit to the local administrator a certification of the
elevation of the lowest floor, flood - proofed elevation, or the
elevation of the lowest portion of the horizontal structural
members of the lowest floor, whichever is applicable, as
built, in relation to mean sea level. Said certification
shall be prepared by or under the direct supervision of a
registered land surveyor or professional engineer and
certified by same. When flood - proofing is utilized for a
particular building, said certification shall be prepared by
or under the direct supervision of a professional engineer or
architect and certified by same. Any work undertaken prior to
submission of the certification shall be at the permit
holder's risk. The local administrator shall review the floor
elevation survey data submitted. Deficiencies detected by
such review shall be corrected by the permit holder
immediately and prior to further progressive work being
permitted to proceed. Failure to submit the survey or failure
to make said corrections required hereby, shall be cause to
issue a stop -work order for the project.
SECTION C. DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR
Duties of the Flood Damage Prevention Officer shall include, but not be
limited to:
(1) Review all development permits to assure that the permit require-
ments of this ordinance have been satisfied;
(2) Advise permittee that additional federal or state permits may be
required, and if specific federal or state permits are known,
require that copies of such permits be provided and maintained on
file with the development permit.
(3) Notify adjacent communities and the N.C. Department of Crime
Control and Public Safety, Division of Emergency Management, State
Coordinator for the National Flood Insurance Program prior to any
alteration or relocation of a watercourse, and submit evidence of
such notification to the Federal Emergency Management Agency.
(4) Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood- carrying capacity is
not diminished.
(5) Verify and record the actual elevation (in relation to mean sea
level) of the lowest floor (including basement) of all new or
substantially improved buildings, in accordance with Article 4,
Section B (2).
(6)- Verify and record the actual elevation (in relation to mean sea
level) to which the new or substantially improved buildings have
been flood proofed, in accordance with Article 4, Section B (5).
(7) Verify and record the actual elevation (in relation to mean sea
level) to which the new or substantially improved buildings have
been flood-proofed, in accordance with Article 4, Section B (2).
(8) When flood - proofing is utilized for a particular building, the
local administrator shall obtain certification from a registered
professional engineer or architect in accordance with Article 5,
Section B (2).
(9) Where interpretation is needed as to the exact location of bounda-
ries 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 local administrator 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.
(10) When base flood elevation data or floodway data has not been
provided in accordance with Article 3, Section B, then the local
administrator shall obtain, review and reasonably utilize any base
flood elevation data and floodway data available from a federal,
state or other source in order to administer the provisions of
Article 5.
(11) All records pertaining to the provisions of this ordinance shall be
maintained in the office of the local administrator and shall be
open for public inspection.
SECTION D. VARIANCE PROCEDURES.
(1) The Board of Adjustment as established by the Board of Commission-
ers shall hear and decide appeals and requests for variances from
the requirements of this ordinance.
(2) 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 local administrator in the enforcement or
administration of this ordinance.
(3) Any person aggrieved by the decision of the Board of Adjustment or
any taxpayer may appeal such decision to the Superior Court, as
provided in Chapter 7A of the N. C. General Statutes.
(4) Variances may be issued for the repair or rehabilitation of
historic structures (see definition) upon a determination that the
proposed repair or rehabilitation will not preclude the structure's
continue designation as a historic structure and the variance is
the minimum to preserve the historic character and design of the
structure.
(5) In passing upon such applications, the Board of Adjustment shall
consider all technical evaluations, all relevant factors, all
standards specified in other sections of this ordinance, and:
(a) the danger that materials may be swept onto other lands to the
injury of others;
(b) the danger to life and property due to flooding or erosion
damage;
(c) the susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individu-
al owner;
(d) the importance of the services provided by the proposed
facility to the community;
(e) the necessity to the facility of a waterfront location, in the
case of a functionally dependent facility;
(f) the availability of alternative locations, not subject to
flooding or erosion damage, for the proposed use;
(g) the compatibility of the proposed use with existing and
anticipated development;
(h) the relationship of the proposed use to the comprehensive plan
and flood plain management program for that area;
(i) the safety of access to the property in time of flood for
ordinary and emergency vehicles;
(j) the expected height, velocity, duration, rate of rise and
sediment transport of the flood waters and the effects of wave
action, if applicable, expected at the site; and,
(k) the costs of providing governmental services during and after
flood conditions including maintenance and repair of public
utilities and facilities such as sewer, gas, electrical, and
water systems, and streets and bridges.
(6) Upon consideration of the factors listed above and the purposes of
this ordinance, the Board of Adjustment may attach such conditions
to the granting of variances as it deems necessary to further the
purposes of this ordinance.
(7) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would
result.
(8) Conditions for Variances:
(a) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood
hazard, to afford relief; and in the instance of a historical
building, a determination that the variance is the minimum
necessary so as not to destroy the historic character and
design of the building.
(b) Variances shall only be issued upon (i) a showing of good and
sufficient cause, (ii) a determination that failure to grant
the variance would result in exceptional hardship, and; (iii)
a determination that the granting of a variance will not
result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisance,
cause fraud on or victimization of the public, or conflict
with existing local laws or ordinances.
.1' v
0
(c) Any applicant to whom a variance is granted shall be given
written notice specifying the difference between the bass
flood elevation and the elevation to which the building is to
be built and stating that the cost of flood insurance will be
commensurate with the increased risk resulting from the
reduced lowest floor elevation.
(d) The local administrator shall maintain the records of all
appeal actions and report any variances to the Federal Emer-
gency Management Agency upon request.
a
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS.
In all areas of special flood hazard the following provisions are
required:
(1) New construction and substantial improvements shall be anchored to
prevent flotation, collapse or. lateral movement of the structure;
(2) Manufactured homes shall be anchored to prevent floatation,
collapse, or lateral movement. Methods of anchoring may include,
but are not limited to, use of over - the -top or frame ties to ground
anchors. This standard shall be in addition to and consistent with
applicable state requirements for resisting wind forces.
(3) New construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage;
(4) New construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage;
(5) Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities shall be designed and /or
located so as to prevent water from entering or accumulating within
the components during conditions of flooding;
(6) New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(7) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the.systems
and discharges from the systems into flood waters;
(8) On -site water disposal systems shall be located and constructed to
avoid impairment to them or contamination from them during
flooding; and
(9) Any alteration, repair, reconstruction or improvements to a
building which is in compliance with the provisions of this
ordinance, shall meet the requirements of "new construction" as
contained in this ordinance.
(10) Any alteration, repair, reconstruction, or improvements to a
building which is not in compliance with the provisions of this
ordinance, shall be undertaken only if said nonconformity is not
furthered, extended, or replaced.
SECTION B. SPECIFIC STANDARDS.
In all areas of special flood hazard where base flood elevation data has
been provided, as set forth in Article 3, Section B, or Article 4,
Section C (11), the following provisions are required:
(1) Residential Construction. New construction or substantial improve-
ment of any residential building (or manufactured home) shall have
the lowest floor, including basement, elevated no lower than two
feet above the base flood elevation. Should solid foundation
perimeter walls be used to elevate a structure, openings sufficient
to facilitate the unimpeded movements of flood waters shall be
provided in accordance with standards of Article 5,;Section B (3).
(2) Non - Residential Construction. New construction or substantial
improvement of any commercial, industrial, or non - residential
building (or manufactured home), shall have the lowest floor,
including basement, elevated no lower than two feet above the level
of the base flood elevation. Buildings located in A -zones may be
flood - proofed in lieu of elevation provided that all areas of the
building below the required elevation are water tight with wall
substantially impermiable to the passage of water, using structural
components having the capability of resisting hydrostatic and
hyrodynamic loads and the effect of buoyancy. A registered
professional engineer or architect shall certify that the standards
of this subsection are satisfied. Such certification shall be
provided to the official as set forth in Article 4, Section B (9).
(3) Elevated Buildings. New construction or substantial improvements
of elevated buildings that include fully enclosed areas formed by
foundation and other exterior walls below the base flood elevation
shall be designed to preclude finished living space and designed to
allow for the entry and exit of floodwaters to automatically
equalize hydrostatic flood forces on exterior walls.
(a) Designs for complying with this requirement must either be
certified by a professional engineer or architect or meet the
following minimum criteria:
(i) Provide a minimum of two openings having a total net area
of not less than one square inch for every square foot of
enclosed area subject to flooding;
(ii) The bottom of all openings shall be no higher than one
foot above grade; and,
(iii) Openings may be equipped with screens, louvers, valves or
other coverings or devices provided they permit the
automatic flow of floodwaters in both directions.
(b) Access to the enclosed area shall be the minimum necessary to
allow for parking of vehicles (garage door) or limited storage
of maintenance equipment used in connection with the premises
(standard exterior door) or entry to the living area (stairway
or elevator); and
(c) The interior portion of such enclosed area shall not be
partitioned or finished into separate.rooms...
(4) Standards for Manufactured Homes and Recreational Vehicles.
(a) All manufactured homes placed, or substantially improved, on
individual lots or parcels,,in expansions to existing
manufactured home parks or subdivisions, or in substantially
improved manufactured home parks,or. subdivisions, must meet
all the requirements for new construction., including elevation
and anchoring.
(b) All manufactured homes placed or substantially improved in an
existing manufactured home park,or subdivision must be
elevated so that:
(i). The lowest floor of the manufactured home is
elevated no lower than 2 feet above the level of the
base flood elevation, or
(ii). The manufactured home chassis is supported by
reinforced piers or other foundation elements of at
least an equivalent strength, of no less than 36
inches in height above grade.
(iii). The manufactured home must be securely anchored to
the adequately anchored foundation system to resist
flotation, collapse and lateral movement.
(iv). In an existing manufactured home park or subdivision
on which a manufactured home has incurred
"substantial damage" as the result of a flood, any
manufactured home placed or substantially improved
must meet the standards of Article 5, Section B
(4)(b)(i) and (iii) above.
(c) All recreational vehicles placed on sites must either:
(i). Be fully licensed and ready for highway use, or
(ii). The recreational vehicle must meet all the
requirements for new construction, including
anchoring and elevation requirements of Article 5,
Section B (4)(a) or (b), above
A recreational vehicle is ready for highway use if
it is on its wheels or jacking system, is attached
to the site only by quick disconnect type utilities
and security devices and has no permanently attached
structures.
(5) Floodways. Located within areas of special flood hazard estab-
lished in Article 3, Section B, are areas designated as floodways.
Since the floodway is an extremely hazardous area due to the
velocity of flood waters which carry debris, potential projectiles
and has erosion potential, the following provisions shall apply:
(a) No encroachments, including fill, new construction, substan-
tial improvements and other developments shall be permitted
unless certification (with supporting technical data) by a
registered professional engineer is provided demonstrating
that such encroachments shall not result in any increase in
flood levels during occurrence of the base flood discharge.
(b) If Article 5, Section B (5)(a) is satisfied, all new con-
struction and substantial improvements shall comply with all
applicable flood hazard reduction provisions of Article 5.
(c) No manufactured homes shall be permitted, except in an exist-
ing manufactured homes park or subdivision. A replacement
manufactured home may be placed on a lot in an existing
manufactured home park or subdivision provided the anchoring
standards of Article 5, Section A (2) and the elevation
standards of Article 5, Section B (1) and the encroachment
standards of Article 5, Section B (5)(a), are met.
SECTION C.
Located within the areas of special flood hazard established in Article
3, Section B, where streams exist but where no base flood data has been
provided or where base flood data has been provided without flood ways,
the following provisions apply:
(1) No encroachments, including fill material or structures shall be
located within areas of special flood hazard, unless certification
by a registered professional engineer is provided demonstrating
that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development will
not increase the water surface elevation of the base flood more
than one foot at any point within the community. The engineering
certification should be supported by technical data that conform to
standard hydraulic engineering principles.
(2) New construction or substantial improvements of buildings shall be
elevated or flood - proofed to elevations established in accordance
with Article 4, Section C (11).
SECTION D. STANDARDS FOR SUBDIVISION PROPOSALS.
(1) All subdivision proposals shall be consistent with the need to
minimize flood damage;
(2) All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical and water systems located
and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood hazards; and,
(4) Base-flood elevation data shall be provided for subdivision
proposals and other proposed development (including manufactured
home parks and subdivisions) which is greater.than the lesser of
fifty lots or five acres.
SECTION E. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES).
Located within the areas of special flood hazard established in Article
3, Section B, are areas designated as shallow flooding areas. These
areas have special flood hazards associated with base flood depths of
one to three feet (1' -3') where a clearly defined channel does not exist
and where the path of flooding is unpredictable and indeterminate. The
following provisions shall apply within such areas:
(1) All new construction and substantial improvements of residential
buildings shall have the lowest floor, including basement, elevated
to the depth number specified on the Flood Insurance Rate Map, in
feet, above the highest adjacent grade. If no depth number is
specified, the lowest floor, including basement, shall be elevated
at least two (2) feet above the highest adjacent grade.
(2) All new construction and substantial improvements of
non - residential structures shall:
(a) have the lowest floor, including basement, elevated to the
depth number specified on the Flood Insurance Rate Map, in
feet, above the highest adjacent grade. If no depth number is .
specified, the lowest floor, including basement, shall be
elevated at least two (2) feet above the highest adjacent
grade; or,
(b) be completely flood - proofed, together with attendant utility
and sanitary facilities, to or above that level so that any
space below that level is watertight with wall substantially
impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy.
�Q
-L'� 'tN • r
Vanessa W. Young, ler
to the card
day of February, 1990.
HARNETT COUNTY BOARD OF COMMISSIONERS
KAIMIE.TT COUNTY, M. Q p /�
FR • ED DAT /4-�6
BOfllc 94 5 PAGE 7—�7
REGISTER OF DEEDS
GAYLE P. HOLDER
L yd G. Stewart, Chairman