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