09/18/95 Flood Damage Prevention Text AmendmentOrd;ry -vi« Iio�kl I!��e x(31'
HARNETT COUNTY
NORTH CAROLINA
FILED FI /
SAutiL! ,! PAGE
'95 SEP 25 AM 8 36
GAYLE.P. HOLDER
REGISTER OF DEEDS
HARNETT COUNTY, NO
NATIONAL FLOOD INSURANCE
FLOOD DAMAGE PREVENTION ORDINANCE
ADOPTED
9/18/95
NATIONAL FLOOD INSURANCE
FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND
OBJECTIVES.
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of North Carolina has in Part 6, Article 21
of Chapter 143; Parts 3, and 4 of Article 18 of Chapter 153A; and
Article 6 of Chapter 153A of the North Carolina General Statutes,
delegated the responsibility to local governmental units to adopt
regulations designed to promote the public health, safety, and general
welfare of its citizenry. Therefore, the Board of Commissioners of
Harnett County, North Carolina does ordain as follows:
SECTION B.FINDINGS OF FACT
(1) The flood hazard areas of 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 of flood protection and relief, and impairment of
the tax base, all of which adversely affect the public health, safety,
and general welfare.
(2) These flood losses are caused by the cumulative effect of
obstructions in the floodplain causing increases in flood heights and
velocities, and by the occupancy in flood hazard areas by uses
vulnerable to floods or hazardous to other lands which are inadequately
elevated, floodproofed, or otherwise unprotected from flood damages.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health,
safety, and general welfare and to 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, of 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;
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(3) control the alteration of natural floodplains, stream channels, and
natural protective barriers which are involved in the accommodation
of flood waters;
(4) control filling, grading, dredging, and other development which may
increase erosion or flood damage; and,
(5) prevent or regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards
to other lands.
SECTION D. OBJECTIVES
The objectives of this ordinance are:
(1) to protect human life and health;
(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, streets, and
bridges located in floodplains;
(6) to help maintain a stable tax base by providing for the sound use
and development of flood prone areas in such a manner as to
minimize flood blight areas; and,
(7) to insure that potential home buyers are notified that property is
in a flood area.
ARTICLE 2.
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.
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"Accessory Structure" means structures which are located on the same
parcel of property as the principal structure and the use of which is
incidental to the use of the principal structure. Garages, carports and
storage sheds are common urban accessory structures. Pole barns, hay
sheds and the like qualify as accessory structures on farms, and may or
may not be located on the same parcel as the farm dwelling or shop
building.
"Addition (to an existing building)" means an extension or increase in
the floor area or heights of a building or structure. Additions to
existing buildings shall comply with the requirements for new
construction, unless the addition, renovation or reconstruction to any
building, that was constructed prior to the initial Flood Insurance
Study for that area, and the addition, renovation or reconstruction does
not equal 50% of the present market value of the structure. Where a fire
wall is provided between the addition and the existing building, the
addition(s) shall be considered a separate building and must comply with
the standards for new construction.
"Appeal" means a request from a review of the local administrator's
interpretation of any provision of this ordinance.
"Area of shallow flooding" means a designated AO or VO Zone on a
community's Flood Insurance Rate Map (FIRM) with base flood depths from
one to three feet where a clearly defined channel does not exist, where
the path of flooding is unpredictable and indeterminate, and where
velocity flow may be evident.
"Area of special flood hazard" is the land in the floodplain within a
community subject to a one percent or greater chance of being flooded in
any given year.
"Base flood" means the flood having a one percent chance of being
equaled or exceeded in any given year.
"Basement" means that lowest level or story which has its floor subgrade
on all sides.
"Breakaway wall" means a wall that is not part of the structural support
of the building and is intended through its design and construction to
collapse under specific lateral loading forces without causing damage to
the elevated portion of the building or the supporting foundation
system. A breakaway wall shall have design safe loading resistance of
not less that 10 and no more than 20 pounds per square foot. A wall with
loading resistance of more than 20 pounds per square foot requires a
professional engineer or architect's certificate.
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"Building" means any structure built for support, shelter, or enclosure
for any occupancy or storage.
"Development" means any man -made change to improved or unimproved real
estate, including, but not limited to, buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations, or storage of equipment or materials.
"Elevated building" means a non- basement building (a) built, in the case
of a building in Zones Al -A30, AE, A, A99, A, AH, B, C, or X to have the
top of the elevated floor, above the ground by means of pilings, columns
(posts and piers) , shear walls parallel to the floor of water and, (b)
adequately anchored so as not to impair the structural integrity of the
building during a flood up to the magnitude of the base flood. In the
case of Zones Al -A30, AE, A, A99, A0, AH, B, C, and X, "elevated
building" also includes a building elevated by means of fill or solid
foundation perimeter walls with openings sufficient to facilitate the
unimpeded movement of flood waters.
"Existing manufactured home park or manufactured home subdivision" means
a manufactured home park or subdivision for which the construction of
facilities for servicing the lots on which the manufactured homes are to
be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of
concrete pads) is completed before April 16, 1990.
"Expansion to an existing manufactured home park or subdivision" means
the preparation of the additional sites by the construction of
facilities for servicing the lots on which the manufactured homes are to
be affixed (including the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete
slabs).
"Flood" or "flooding" means a general and temporary condition of partial
or complete inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters; and,
(2) the unusual and rapid accumulation of runoff of surface waters
from any source.
"Flood Hazard Boundary Map (FHBM)" means an official map of a community,
issued by the Federal Emergency Management Agency, where the boundaries
of the areas of special flood hazard have been defined as Zone A.
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"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 of other watercourse and the
adjacent land areas that must be reserved in order to discharge the base
flood without cumulatively increasing the water surface elevation more
than one foot.
"Floor" means the top surface of an enclosed area in a building
(including basement), i.e., top of slab in concrete slab construction or
top of wood flooring in wood frame construction. The term does not
include the floor of a garage used solely for parking vehicles.
"Functionally dependent facility" means a facility which cannot be used
for its intended purpose unless it is located or carried out in close
proximity to water, such as a docking or port facility necessary for the
loading and unloading of cargo or passengers, shipbuilding, ship repair,
or seafood processing facilities. The term does not include long -term
storage, manufacture, sales or service facilities.
"Highest Adjacent Grade" means the highest natural elevation of the
ground surface, prior to construction, next to the proposed walls of the
structure.
"Historic Structure" means any structure that is: (a)listed individually
in the National Register of Historic Places (a listing maintained by the
US Department of Interior) or preliminarily determined by the Secretary
of Interior as meeting the requirements for individual listing on the
National Register; (b)certified or preliminarily determined by the
Secretary of Interior as contributing to the historical significance of
a registered historic district or a district preliminarily determined by
the Secretary to qualify as a registered historic district: (c)
individually listed on a State inventory of historic places: (d)
individually listed on a local inventory of historic places in
communities with historic preservation programs that have been certified
(1)by an approved state program as determined by the Secretary of
Interior, or (2)directly by the Secretary of Interior in stated without
approved programs.
"Levee" means a man -made structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering practices
to contain, control, or divert the flow of water so as to provide
protection from temporary flooding.
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11Levee System" means a flood protection system which consists of a
levee, or levees, and associated structures, such as closure and
drainage devices, which are constructed and operated in accordance with
sound engineering practices.
"Lowest Floor" means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant enclosure, usable
solely for parking of vehicles, building access, or storage in an area
other than a basement area is not considered a buildings lowest floor
provided that such an enclosure is not built so as to render the
structure in violation of the applicable non- elevation design
requirements of this ordinance.
"Manufactured home" means a structure, transportable in one or more
sections, which is built on a permanent chassis and designed to be used
with or without a permanent foundation when connected to the require
utilities. The term "manufactured home" does not include a "recreational
vehicle ".
"Manufactured home park or subdivision" means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for
rent or sale.
"Mean Sea Level" means the average height of the sea for all stages of
the tide. It is used as a reference for establishing various elevations
within the floodplain. For purposes of this ordinance, the term is
synonymous with National Geodetic Datum (NGVD).
"National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is a
vertical control used as a reference for establishing varying elevations
within the floodplain.
"New construction" means structures for which the "start of
construction" commenced on or after the effective date of this ordinance
and includes any subsequent improvements to such structures.
"New manufactured home park or subdivision" Mean a manufactured home
park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed
(including at a minimum, the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
slabs) is completed on or after April 16, 1990.
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"Nonconforming building or use" means any legally existing building or
use which fails to comply with the provisions of the ordinance.
"Recreational vehicle" means a vehicle which is: (a)built on a single
chassis; (b)400 square feet or less when measured at the largest
horizontal projection; (c)designed to be self - propelled or permanently
towable by a light duty truck; and, (d)designed primarily not for use as
a permanent dwelling, but as temporary living quarters for recreational,
camping, travel, or seasonal use.
"Reference feature" is the receding edge of a bluff or eroding frontal
dune or, if such a feature is not present, the normal highwater line or
the seaward line of permanent vegetation if highwater line cannot be
identified.
"Remedy a violation" means to bring the structure or other development
into compliance with State or local floodplain management regulations,
or if this is not possible, to reduce the impacts of its noncompliance.
Ways that impacts may be reduced include protecting the structure or
other affected development from flood damages, implementing the
enforcement provisions of the ordinance or otherwise deterring future
similar violations, or reducing Federal financial exposure with regard
to the structure or other development.
"Start of construction" (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (P.L. 97 -348),
includes substantial improvement, and means the date the building permit
was issued, provided the actual start of construction, repair
reconstruction, rehabilitation, addition, or improvement was within 180
days of the permit date. The actual start means the first placement of
permanent construction of a structure (including a manufactured home) on
a site, such as the pouring of slabs or footings, installation of piles,
construction of columns, or any work beyond the stage of excavation or
the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and /or walkways; nor does it include excavation for a basement,
footings, piers or foundations, or the erection of temporary forms; nor
does it include the installation of the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part of
the main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or
other structural part of the building, whether or not that alteration
affects the external dimensions of the building.
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"Structure" means, for floodplain management purposes, a walled and
roofed building, a manufactured home, including a gas or liquid storage
tank, or other man -made facilities or infrastructures that are
principally above ground.
"Substantial damage" means damage of any origin sustained by a structure
whereby the cost of the restoring the structure to its before damaged
condition would equal or exceed 50 percent of the market value of the
structure before the damage occurred. See definition of "substantial
improvement ".
"Substantial improvement" means any repair, reconstruction
rehabilitation, addition, or other improvement of a structure, the cost
of which equals or exceeds 50 percent of the market value of the
structure before the "start of construction" of the improvement. This
term includes structures which have incurred "substantial damage ",
regardless of the actual repair work performed. The term does not,
however, include either: (1) any project of improvement of a structure
to correct existing violations of State or local health, sanitary, or
safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe
living conditions; or, (2) any alteration of a historic structure,
provided that the alteration will not preclude the structure's continued
designation as a historic structure.
"Substantially improved existing manufactured home park or subdivision"
means where the repair, reconstruction, rehabilitation or improvement of
the streets, utilities and pads equals or exceeds 50 percent of the
value of the streets, utilities and pads before the repair,
reconstruction, or improvement commenced.
"Variance" is a grant of relief to a person from the requirements of
this ordinance which permits construction in a manner otherwise
prohibited by this ordinance where specific enforcement would result in
unnecessary hardship.
"Violation" mean the failure of a structure or other development to be
fully compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
Articles 4 and 5 is presumed to be in violation until such time as that
documentation is provided.
P
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 Insurance Study, 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
provisions of this ordinance prior to the commencement of any
development activities.
SECTION D. COMPLIANCE.
No structure or land shall hereafter be located, extended, converted, or
structurally altered without full compliance with the terms of this
ordinance and other applicable regulations.
SECTION E. ABROGATION AND GREATER RESTRICTIONS.
This ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However, where
this ordinance and another conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
SECTION F. INTERPRETATION.
In the interpretation and application of this ordinance all provisions
shall be: (1) considered as minimum requirements; (2) liberally
construed in favor of the governing body; and, (3) deemed neither to
limit nor repeal any other powers granted under state statutes.
SECTION G. WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this ordinance is considered
reasonable for regulatory purposes and is based on scientific and
engineering consideration. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man -made or natural
causes. This ordinance does not imply that land outside the areas of
special flood hazard or uses permitted within such areas will be free
from flooding or flood damages. This ordinance shall not create
liability on the part of Harnett County or by any officer or employee
thereof for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made hereunder.
SECTION H. PENALTIES FOR VIOLATION.
Violation of the provisions of this ordinance or failure to comply with
any of its requirements, including violation of conditions and
safeguards established in connection with grants of variance or special
exceptions, shall constitute a misdemeanor. Any person who violates this
ordinance or fails to comply with any of its requirements shall, upon
conviction thereof, be fined not more than $50.00 or imprisoned for not
more than 30 days, or both. Each day such violation continues shall be
considered a separate offense. Nothing herein contained shall prevent
Harnett County from taking such other lawful action as is necessary to
prevent or remedy any violation.
ARTICLE 4. ADMINISTRATION.
SECTION A. DESIGNATION OF LOCAL ADMINISTRATOR.
The Flood Damage Prevention Officer is hereby appointed to administer
and implement the provisions of this ordinance.
SECTION B. DEVELOPMENT PERMIT AND CERTIFICATION REQUIREMENTS.
Application for a Development Permit shall be made to the local
administrator on forms furnished by him or her prior to any development
activities. The Development Permit may include, but not be limited to,
plans in duplicate drawn to scale showing: the nature, location,
dimensions, and elevations of the area in question; existing or proposed
structures; and the location of fill material, storage area, and
drainage facilities. Specifically, the following information is
required:
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(1) A plot plan that shows the 100 year floodplain contour or a
statement that the entire lot is within the floodplain must be
provided by the development permit applicant when the lot is within
or appears to be within the floodplain as mapped by the Federal
Emergency Management Agency or the floodplain identified pursuant
to either Article 4, Section C(10) or Article 5 Sections C and D.
the plot plan must be prepared by or under the direct supervision
of a registered land surveyor or professional engineer and
certified by same.
(2) The plot plan required by Article 4, Section B(1) must show the
floodway, if any, as identified by the Federal Emergency Management
Agency or the floodway identified pursuant to either Article 4,
Section C(10) or Article 5, Section C.
(3) Where base flood elevation data is provided as setforth in Article
3 Section B, or Article 4, Section C(10), the application for a
Development Permit within the flood hazard area shall show:
(a) the elevation (in relation to mean sea level) of the lowest
floor (including basement) of all new and substantially improved
structures, and
(b) if the structure has been floodproofed in accordance with
Article 5, Section B(2), the elevation ( in relation to mean sea
level) to which the structure was floodproofed.
(4) Where the base flood elevation data is not provided, the
application for a development permit must show construction of the
lowest floor at least 2 feet above the highest adjacent grade.
(5) Where any watercourse will be altered or relocated as a result of
proposed development, the application for a development permit
shall include: a description of the extent of watercourse
alteration or relocation: an engineering report on the effects of
the proposed project on the flood - carrying capacity of the
watercourse and the effects to properties located both upstream and
downstream; and a map showing the location of the proposed
watercourse alteration or relocation.
(6) When a structure is floodproofed, the applicant shall provide a
certificate from a registered professional engineer or architect
that the non - residential floodproofed structure meets the
floodproofing criteria in Article 5, Section B(2).
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(7) A floor elevation or floodproofing certification is required after
the lowest floor is completed. Within twenty -one (21) calendar days
of establishment of the lowest floor elevation, or floodproofing by
whatever construction means, whichever is applicable, it shall be
the duty of the permit holder to submit to the local administrator
a certification of the elevation of the lowest floor, or
floodproofed elevation, whichever is applicable, as built, in
relation to mean sea level. Said certification shall be prepared by
or under the direct supervision of a registered land surveyor or
professional engineer and certified by same. When flood - proofing is
utilized for a particular building, said certification shall be
prepared by or under the direct supervision of a professional
engineer or architect and certified by same. Any work done within
the twenty -one (21) day calendar period and prior to submission of
the certification shall be at the permit holders 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 shall be cause to issue a
stop -work order for the project.
SECTION C. DEITIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR.
Duties of the local administrator shall include, but not be limited to:
(1) Review all development permits to assure that the requirements of
this ordinance have been satisfied.
(2) Advise permittee that additional Federal or State permits may be
required, and if 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 North Carolina Department of
Crime Control and Public Safety, Division of Emergency, State
Coordinator for the National Flood Insurance Program prior to any
alteration or relocation of a watercourse, and submit evidence of
such notification 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.
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(5) Prevent encroachments within floodways unless the certification and
flood hazard reduction provisions of Article 5 are met.
(6) obtain actual elevation (in relation to mean sea level) of the
lowest floor (including basement) of all new or substantially
improved structures, in accordance with Article 4, Section B(7).
(7) obtain the actual elevation (in relation to mean sea level) to
which the new or substantially improved structures have been
floodproofed, in accordance with Article 4, Section B(7).
(8) When floodproofing is utilized for a particular structure, obtain
certifications from a registered professional engineer or architect
in accordance with Article 5, Section B(2).
(9) Where interpretation is needed as to the exact location of
boundaries of the areas of special flood hazard (for example, where
there appears to be a conflict between a mapped boundary and actual
field conditions), made 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, obtain, review,
and reasonably utilize any base flood elevation data and floodway
data available from a Federal, State, or other source, including
data developed pursuant to Article 5, Section D(4), in order to
administer the provisions of this ordinance.
(11) When the exact location of boundaries of the areas special flood
hazards conflict with the current, natural topography information
at the site the property owner may apply and be approved for a
Letter of Map Amendment (LOMA) by FEMA. A copy of the Letter of Map
Amendment issued from FEMA will be maintained by the local
administrator in the permit file.
(12) Make on -site inspections of projects in accordance with Article 4,
Section D.
(13) Serve notices of violations, issue stop -work orders, revoke permits
and take corrective actions in accordance with Article 4, Section
D.
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(14) Maintain all records pertaining to the administration of this
ordinance and make these records available for public inspection.
SECTION D. ADMINISTRATIVE PROCEDURES.
(1) Inspections of Work in Progress: As the work pursuant to a permit
progresses, the local administrator shall. make as many inspections
of the work as may be necessary to ensure that the work is being
done according to the provisions of the local ordinance and the
terms of the permit. In exercising this power, the administrator
has a right, upon presentation of proper credentials, to enter on
any premises within the territorial jurisdiction at any reasonable
hour for the purposes of inspection or other enforcement action.
(2) Stop -Work Orders: Whenever a building or part thereof is being
constructed, reconstructed, altered, or repaired in violation of
this ordinance, the administrator may order the work to be
immediately stopped. The stop -work order shall be in writing and
directed to the person doing the work. The stop -work order shall
state the specific work to be stopped, the specific reasons for the
stoppage, and the conditions under which the work may be resumed.
Violation of a stop -work order constitutes a misdemeanor.
(3) Revocation of Permits: The local administrator may revoke and
require the return of the development permit by notifying the
permit holder in writing stating the reason for the revocation.
Permits shall be revoked for any substantial departure from the
approved application, plans, or specifications; for refusal or
failure to comply with the requirements of State or local laws; or
for false statements or misrepresentations made in securing the
permit. Any permit mistakenly issued in violation of an applicable
State or local law may also be revoked.
(4) Periodic Inspections: the local administrator and each member of
his inspections department shall have a right, upon presentation of
proper credentials, to enter on any premises within the territorial
jurisdiction of the department at any reasonable hour for the
purposes of inspection or other enforcement action.
(5) Violations to be Corrected: When the local administrator finds
violations of applicable State and local laws, it shall be his duty
to notify the owner or occupant of the building of the violation.
The owner or occupant shall immediately remedy each of the
violations of law in the property he owns.
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(6) Actions in Event of Failure to Take Corrective Action: If the owner
of a building or property shall fail to take prompt corrective
action, the administrator shall give him written notice, by
certified or registered mail to his last known address or by
personal service,
(a) that the building or property is in violation of the Flood
Damage Prevention Ordinance:
(b) that a hearing will be held before the local administrator at
a designated place and time, not later than 10 days after the
date of the notice, at which time the owner shall be entitled
to be heard in person or by counsel and to present arguments
and evidence pertaining to the matter; and,
(c) that following the hearing, the local administrator may issue
such order to alter, vacate, or demolish the building; or to
remove fill as appears appropriate.
(7) Order to Take Corrective Action: If, upon a hearing held pursuant
to the notice prescribed above the administrator shall find that
the building or development is in violation of the Flood Damage
Prevention Ordinance, he shall make an order in writing to the
owner, requiring the owner to remedy the violation within such
period, not less than 60 days, the administrator may prescribe;
provided that where the administrator finds that there is imminent
danger to life or other property, he may order that corrective
action be taken in such lesser period as may be feasible.
(8) Appeal: Any owner who has received an order to take corrective
action may appeal from the order to the local elected governing
body by giving notice of appeal in writing to the administrator and
the clerk within 10 days following issuance of the final order. In
the absence of an appeal, the order of the administrator shall be
final. The local governing body shall hear an appeal within a
reasonable time and may affirm, modify and affirm, or revoke the
order.
(9) Failure to Comply with Order: If the owner of a building or
property fails to comply with an order to take corrective action
from which no appeal has been taken, or fails to comply with an
order of the governing body following an appeal, he shall be guilty
of a misdemeanor and shall be punished in the discretion of the
court.
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SECTION E. VARIANCE PROCEDURES.
(1) The Board of Adjustments as established by the Board of
Commissioners shall hear and decide requests for variances from the
requirements of this ordinance.
(2) Any person aggrieved by the decision of the appeal board or any
taxpayer may appeal such decision to the Court, as provided in
Chapter 7A of the North Carolina General Statutes.
(3) variances may be issued for the repair of rehabilitation of
historic structures upon the determination that the proposed repair
or rehabilitation will not preclude the structure's continued
designation as a historic structure and the variance is the minimum
necessary to preserve the historic character and design of the
structure.
(4) In passing upon such applications, the appeal board shall consider
all technical evaluations, all relevant factors, all standards
specified in other sections of this ordinance, and:
(a) the danger that materials may be swept onto other lands to the
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
individual owner;
(d) the importance of the services provided by the proposed
facility to the community;
(e) the necessity to the facility of a waterfront location, where
applicable;
(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 floodplain management program for that area;
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(i) the safety access to the property in times of flood for
ordinary and emergency vehicles;
(j) the expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters and the effects of wave
action, if applicable, expected at the site; and,
(k) the costs of providing governmental services during and after
flood conditions including maintenance and repair of public
utilities and facilities such as sewer, gas, electrical and
water systems, and streets and bridges.
(5) The findings listed above shall be submitted to the appeal board,
in writing, and included in the application for a variance.
(6) Upon consideration of the factors listed above and purposes of this
ordinance, the appeal board may attach such conditions to the
granting of variances as it deems necessary to further the purposes
of this ordinance.
(7) Variances shall not be issued within any designation floodway if
any increase in flood levels during the base flood discharge would
result.
(8) Conditions for Variances:
(a) Variances may not be issued when the variance will make the
structure in violation of other Federal, State, or local laws,
regulations, or ordinances.
(b) Variances shall only be issued upon determination that the
variance is the minimum necessary, considering the flood
hazard, to afford relief.
(c) Variances shall only be issued upon (i) a showing of good and
sufficient cause; (ii) a determination that failure to grant
the variance would result in exceptional hardship; and, (iii)
a determination that the granting of a variance will not
result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisance,
cause fraud on or victimization of the public, or conflict
with existing local laws or ordinances.
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(d) Any applicant to whom a variance is granted shall be given
written notice specifying the difference between the base
flood elevation to which the structure is to be built and a
written statement that the cost of flood insurance will be
commensurate with the increased risk resulting from the
reduced lowest floor elevation. Such notification shall be
maintained with a record of all variance actions.
(e) The local administrator shall maintain the records of all
appeal actions and report any variances to the Federal
Emergency Management Agency upon request.
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION.
SECTION A. GENERAL STANDARDS
In all areas of special flood hazard the following provisions are
required:
(1) All new construction and substantial improvements shall be anchored
to prevent flotation collapse, or lateral movement of the
structure;
(2) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood
damage;
(3) All new construction or substantial improvements shall be
constructed by methods and practices that minimize flood damages;
(4) electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities shall be designed and /or
located so as to prevent water from entering or accumulating within
the components during conditions of flooding;
(5) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems
and discharges from the systems into flood waters;
W.
(7) On -site waste disposal systems shall be located and constructed to
avoid impairment to them or contamination from them during
flooding; and,
(8) Any alteration, repair, reconstruction, or improvements to a
structure which is in compliance with the provisions of this
ordinance, shall meet the requirements of "new construction" as
contained in this ordinance.
(9) Non - Conforming Buildings or Uses. Non - conforming buildings or uses
may not be enlarged, replaced, or rebuilt unless such enlargement
or reconstruction is accomplished in conformance with the
provisions of this ordinance. Provided, however, nothing in this
ordinance shall prevent the repair, reconstruction, or replacement
of a building or structure existing on the effective date of this
ordinance and located totally or partially within the Floodway
Zone, provided that the bulk of the building or structure below
base flood elevation in the Floodway Zone is not increased and
provided that such repair, reconstruction, or replacement meets all
of the other requirements of this ordinance.
SECTION B. SPECIFIC STANDARDS.
In all areas of special flood hazard where base flood elevation data has
been provided, as set forth in Article 3, Section B, or Article 4,
Section C(10), the following provisions are required:
(1) Residential Construction. New construction or substantial
improvement of any residential structure (including manufactured
homes) shall have the lowest floor, including basement, elevated no
lower than 2 feet above the base flood elevation. Should solid
foundation perimeter walls be used to elevate a structure, openings
sufficient to facilitate the unimpeded movements of flood waters
shall be provided.
(2) Non - Residential Construction. New construction or substantial
improvement of any commercial, industrial, or non - residential
structure (including manufactured homes) shall have the lowest
floor, including basement, elevated no lower than 2 feet above the
level of the base flood elevation. Structures located in A -zones
may be floodproofed in lieu of elevation provided that all areas of
the structure below the required elevation are watertight with
walls substantially impermeable to the passage of water, using
structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effect of buoyancy. A
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registered professional engineer or architect shall certify that
the standards of this subsection are satisfied. Such certification
shall be provided to the official as set forth in Article 4,
Section B(7).
(3) Manufactured Homes.
(a) Manufactured homes that are placed or substantially improved
on sites (i)outside a manufactured home park or subdivision;
(ii)in a new manufactured home park or subdivision; (iii)in an
expansion to an existing manufactured home park or
subdivision; or, (iv)in an existing manufactured home park or
subdivision on which a manufactured home has incurred
"substantial damage" as the result of a flood, must be
elevated on a permanent foundation such that the lowest floor
of the manufactured home is elevated no lower than 2 feet
above the base flood elevation and be securely anchored to an
adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
(b) Manufactured homes that are to be placed or substantially
improved on sites in an existing manufactured home park or
subdivision that are not subject to the provisions or Article
5, Section B(3a) of this ordinance must be elevated so that
the lowest floor of the manufactured home is elevated no lower
than 2 feet above the base flood elevation, and be securely
anchored to an adequately anchored foundation to resist
flotation, collapse, and lateral movement.
(c) Manufactured .homes shall be anchored to prevent flotation,
collapse, or lateral movement. For the purpose of this
requirement, manufactured homes must be anchored to resist
flotation, collapse, or lateral movement in accordance with
the Regulations for Mobile Homes and Modular Housing adopted
by the Commissioner of Insurance pursuant to NCGS 143.15.
Additionally, when the elevation would be met by an elevation
of the chassis at least 36 inches or less above the grade at
the sight, the chassis shall be supported by reinforced piers
or other foundation elements of at least equivalent strength.
When the elevation of the chassis is above 36 inches in height
an engineering certification is required.
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(d) An evacuation plan must be developed for evacuation of all
residents of all new, substantially improved or substantially
damaged manufactured home parks or subdivisions located within
flood prone areas. This plan shall be filed with and approved
by the local administrator and the local Emergency Management
coordinator.
(4) Recreational Vehicles. A recreational vehicle is ready for highway
use if it is on wheels or jacking system, is attached to the site
only by quick- disconnect type utilities and security devices, and
has no permanently attached additions. Recreation vehicles placed
on sites shall either:
(a) be on site for fewer than 180 consecutive days and be fully
licensed and ready for highway use; or
(b) meet the requirements of Article 4, Section B and Article 5,
Sections A and B(3).
(5) Elevated Buildings. New construction or substantial improvements of
elevated buildings that include fully enclosed areas that are
usable solely for the parking of vehicles, building access or
storage in an area other than a basement and which are subject to
flooding shall be designed to preclude finished living space and be
designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters.
(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 grand; 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.
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(b) Access to the enclosed area shall be the minimum necessary to
allow for parking of vehicles (garage door) or limited storage
of maintenance equipment used in connection with the premises
(standard exterior door) or entry to the living area (stairway
or elevator).
(c) The interior portion of such enclosed area shall not be
partitioned or finished into separate rooms, except to enclose
storage areas.
(6) Temporary Structures. prior to the issuance of a development
permit, for a temporary structure, the following requirements must
be met:
(a) All applicants must submit to the local administrator prior to
the issuance of the development permit a plan for the removal
of such structure(s) in the event of a hurricane or flash
flood warning notification. The plan must include the
following information:
(i) a specified time period for which the temporary use
will be permitted;
the name, address and phone number of the
individual responsible for the removal of the
temporary structure;
(iii) the time frame prior to the event at which a
structure will be removed (i.e. minimum of 72 hours
before landfall of a hurricane or immediately upon
flood warning notification);
(iv) a copy of the contract or other suitable instrument
with a trucking company to insure the availability
of removal equipment when needed; and
(v) designation, accompanied by documentation, of a
location outside the floodplain to which the
temporary structure will be moved.
(b) The above information shall be submitted in writing to the
local administrator for review and written approval.
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(7) Accessory Structure. When accessory structures (sheds, detached
garages, etc.) with a value of $3,000 or less, are to be placed in
(a) Accessory structures shall be used for human habitation
(including work, sleeping, living, cooking or restroom areas);
(b) Accessory structures shall be designed to have low flood
damage potential;
(c) Accessory structures shall be constructed and placed on the
building site so as to offer the minimum resistance to the
flow of floodwaters;
(d) Accessory structures shall be firmly anchored in accordance
with Article 5, Section A(1);
(e) Service facilities such as electrical and heating equipment
shall be installed in accordance with Article 5 Section A(4);
and
(f) Openings to relieve hydrostatic pressure during a flood shall
be provided below base flood elevation in conformance with
Article 5 Section B(5).
(8) Floodways. Located within areas of special flood hazard established
in Article 3, Section B, are areas designated as floodways. The
floodway is an extremely hazardous area due to the velocity of
flood waters which carry debris and potential projectiles and has
erosion potential. The following provisions shall apply within such
areas:
(a) No encroachments, including fill, new construction,
substantial improvements and other developments shall be
permitted unless it has been demonstrated through hydrologic
and hydraulic analyses performed in accordance with standard
engineering practice that the proposed encroachment would not
result in any increase in the flood levels during the
occurrence of the base flood. Such certification and technical
data shall be presented to the local administrator.
(b) If Article 5, Section B(8) (a) is satisfied, all new
construction and substantial improvements shall comply with
all applicable flood hazard reduction provisions of Article 5.
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(c) No manufactured homes shall be permitted, except in an
existing manufactured home park or subdivision. A replacement
manufactured home may be placed on a lot in an existing
manufactured home park or subdivision provided the anchoring
and the elevation standards of Article 5, Section B(3) are
met.
SECTION C. STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD
ELEVATIONS AND /OR FLOODWAYS.
Located within the areas of special flood hazard established in Article
3, Section B, are small streams where no base flood data has been
provided or where no floodways have been identified. The following
provisions apply within such areas:
(1) No encroachments, including fill, new construction, substantial
improvements or new development shall be permitted within a
distance of the stream bank equal to the setback established by the
Coastal Area Management Act (CAMA) regulations. Where no setback is
established by LAMA regulations, the area of no encroachment shall
be twenty fee each side from top of bank, unless certification with
supporting technical data by a registered professional engineer is
provided demonstrating that such encroachments shall not result in
any increase in flood levels during the occurrence of the base
flood discharge.
(2) If Article 5, Section C(1) is satisfied and base flood elevation
data is available from other sources, all new construction and
substantial improvements within such areas shall comply with all
applicable flood hazard ordinance provisions of Article 5 and shall
be elevated or floodproofed in accordance with elevations
established in accordance with Article 4, Section C(10) . When base
flood elevation data is not available from a Federal, State, or
other source, the lowest floor, including basement, shall be
elevated at least two (2) feet above the highest adjacent grade.
SECTION D. STANDARDS FOR SUBDIVISION PROPOSALS.
(1) All subdivision proposals shall be consistent with the need to
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;
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(3) All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood hazards; and,
(4) Base flood elevation data shall be provided for subdivision
proposals and other proposed development which is greater than the
lesser of fifty lots or five acres.
SECTION E. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES).
Located within the areas of special flood hazard established in Article
3, Section B, are areas designated as shallow flooding. These areas
have special flood hazards associated with base flood depths of one (1)
to three (3) feet where a clearly defined channel does not exist and
where the path of flooding is unpredictable and indeterminate. The
following provisions shall apply within such areas:
(1) All new construction and substantial improvements of residential
structures shall have the lowest floor, including basement,
elevated to the depth number specified on the Flood Insurance Rate
Map, in feet, above the highest adjacent grade. If no depth number
is specified, the lowest floor, including basement, shall be
elevated at least two (2) feet above the highest adjacent grade.
(2) All new construction and substantial improvements of non-
residential structures shall:
(a) have the lowest floor, including basement, elevated to the
depth number specified on the Flood Insurance Rate Map, in
feet, above the highest adjacent grade. If no depth number is
specified, the lowest floor, including basement, shall be
elevated at least two (2) feet above the highest adjacent
grade; or,
(b) be completely floodproofed together with attendant utility and
sanitary facilities to or above that level so that any space
below that level is watertight with walls substantially
impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy.
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ARTICLE 6. LEGAL STATUS PROVISIONS
SECTION A. EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD
DAMAGE PREVENTION ORDINANCE.
This Ordinance in part comes forward by re- enactment of some of the
provisions of the flood damage prevention ordinance enacted 4/16/90 as
amended, and it is not the intention to repeal but rather to re -enact
and continue to enforce without interruption of such existing
provisions, so that all rights and liabilities that have accrued
thereunder are reserved and may be enforced. The enactment of this
ordinance shall not affect any action, suit or proceeding instituted or
pending. All provisions of the flood damage prevention ordinance of
Harnett County enacted on 4/16/90, as amended, which are not re- enacted
herein are repealed.
SECTION B. EFFECT UPON OUTSTANDING BUILDING PERMITS.
Nothing herein contained shall require any change in the plans,
construction, size or designated use of any building, structure or part
thereof for which a building permit has been granted by the Chief
Building Inspector or his authorized agents before the time of passage
of this ordinance; provided, however, that when construction is not
begun under such outstanding permit within a period of sixty (60) days
subsequent to passage of this ordinance, construction or use shall be in
conformity with the provisions of this ordinance.
SECTION C. EFFECTIVE DATE
This ordinance shall become effective upon adoption.
SECTION D. ADOPTION CERTIFICATION
Duly adopted this 18th day of September, 1995.
HARNETT COUNTY BOARD OF COMMISSIONERS
ATTEST:
Kay olanchard, Clerk to the
Beatrice
vice Chairman
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