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HomeMy WebLinkAbout08211978nb-4\ HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, AUGUST 21, 1978 CALL TO ORDER PRAYER PUBLIC HEARING COMMUNITY DEVELOP- MENT ABE ELMORE JESSE ALPHIN BILL SHAW LARRY HAMILTON FLOOD PLAIN MANAGE- MENT ORDINANCE The Harnett County Board of Commissioners met in regular session on Monday, August 21, 1978, in the Commissioners Room, County Of- fice Building, Lillington, North Carolina, with the following members present: M. H. Brock, Bill Shaw, W. J. Cotton, Jr., Lloyd Stewart, and Chairman Jesse Alphin presiding. H. D. Carson, Clerk to the Board, and Edward H. McCormcik, County Attorney, were also present. Chairman Jesse Alphin called the meeting to order at 7:30 p.m. Commissioner Bill Shaw led the evening prayer. Chairman Alphin then called the meeting into a public hearing for the purpose of considering the full application for Community Development Discretionary Block Grants for Harnett County, North Carolina. Sam Sally, Director of the Harnett County Housing and Urban Development Office, made a presentation to the 15 persons present informing them that the pre- application had been approved in the full amount of $500,000. Therefore, the County is now preparing the full application which is due on September 15, 1978. This is the first of two public hearings to be held; the second public hearing will be held on September 11, 1978, in the Commis- sioners Room, County Office Building, Lillington, North Carolina at 7:30 p.m. Sam Sally informed the group that four program areas will be addressed in the full application-- Beaverdam, Shawtown, Wondertown, and Dunn Districtss 28 and 29. Also discus- sed were the following proposed activities which will take place in the four program areas: Housing improvement, code enforcement, demolition, rehabilitation counseling and loan servicing, tempor- ary family relocation and real property acquisition. The goals of this project were explained as being to rehabilitate 200 houses and to assist 1,200 persons throughout the County. A question -and answer time followed the presentation. Mr. Abe Elmore, Mayor of Dunn, requested to know what would happen if it cost more than $5,000 to rehabilitate a dwelling. Mr. Sally stated that the homeowner would have to supplement the remaining amount with their own resources or private or public resources. Commissioner Alphin requested to know what interest was applied and who qualified for a 312 loan? Mr. Sally informed the Commis- sioners that low and moderate income persons living in a program area will qualify. The loan is based on a 3 percent interest rate with time up to 20 years with maximum loan amounts of $27,000. Commissioner Shaw requested to know if all the #350,000 had to be used for housing? Mr. Sally explained that under the single - purpose grant only one activity could be entertained and this year it is housing. Therefore, all the funds will be used for house improvements. Larry Hamilton made an inquiry as to the income limits for Com- munity Development: Mr. Sally stated that 80 percent of the media income of Harnett County is the income limit for Community Deve- lopment. The median income for Harnett County is 6,937 and 80 percent of that is 5,880. This is based on a family of four. Chairman Jesse Alphin expressed his appreciation to those who participated in the public hearing and officially declared the hearing closed at 8 p.m. Commissioner Cotton moved for the adoption of the following Flood Plain Management Ordinance for Harnett County. Commissioner Stewart seconded the motion and the issue carried unanimously. Related Sections of the Ordinance that relate to the sections of the regulations. Federal Register, Vol. 41, No. 207 Tuesday, October 26, 1976 Regulations 1910.3 (b) (1) (2) (a) (2) (3) Section 5 1 5 2 4 5 1 1 5 1 1(a) 5 1 1(b) 5 1 1(c) 5 2 5 2 1 5 2 2 9 (9) 5.2.3 5.3 5.4 5.5 5.2.5 5.6 5.6.1 5.6.2 5.7 5.7.1 5.7.2 5.7 5.10 5.10.1 5.8 5.8.1 5.8.2 5.8.3 5.8.4 5.9 1910. Subpart (Analysis) Page 1, Whereas No.6 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 government 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. Purpose and Authority The purpose of regulating these flood plains as set forth in this ordinance and as authorize by Chapter 143. Article 21, Part 6 and Chapter 153A, Article 6, Part 121 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. Section 3. Territorial Coverage 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 sub- ject 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, AO, A1-99, VO, and VI -30. 253\ means the flood having a one percent chance of being equa e. 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 precipi- tated 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 cause by an unusually high water level in a natural body of water, accompanied by a severe storm, or by unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unfore seeable 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 exceed- ing 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 acreas 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 improvement of a structure, the cost of which equals or exceed 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 improve- ment of a structure to comply with existing state or local health, sanitary, or safety code specificatio's which are solely necessary to assure safe living conditions or (20 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 improvements in the designated Flood Hazard Boundary Area will be subject to the following requirements: 2 5.1 Permits are required for all proposed construction and other develo ments, 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 pro- posed building site is in a flood -prone area, all new construction and substantial improvements (includ- ing 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 equip- ment resistant to flood damage and 5.1.1.c. be constructed by methods and practices that mini- mize 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 publi 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 proposals and other proposed new development greater than 50 lots or 5 acreas, whichever 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 residen ial 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 proffed to or above the base flood level). - 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 "sea 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 within Zone A on the Flood Hazard Boundary Maps are required to be anchored to resist flotation, collapse or lateral movement by providing over - the -top and frame ties to ground anchors. This will be accomplished in the following manner: 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 require 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 255` the Flood Hazard vehicular access situations, the relocation of a Administrator. 5.9 All mobile home parks and mobile home subdivision located with Zone A on Boundary Map, are required to have filed an evacuation plan indicating alternate and escape routes with the appropriate Disaster Preparedness Authorities. 5.10 The Enforcement Officer of this ordinance is required to notify, in riverin adjacent communities and the State Coordinating Office prior to any alteration or watercourse. He will submit copies of such notification to the Federal Insurance 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 Harnett County, North Carolina, shall be the Enforcement Officer and as such shall administer and enforce this ordinance. Any violation hereof shall constitute a misdemeanor. Provided, the Enforcement Officer shal 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, keel 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 the 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 certifi- cate prepared by the developer or builder or his licensed architect, or his licensed engineer to determir 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 not 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 and Community Development, or the local Health Department that the said water supply and /or sanitary sewage systems are in conformance with this regulation. 6.6 Other flood plain management programs. The Enforcement Officer shall take into account flood 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 y 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 concerning land use and control and other measures designed to reduce flood losses shall take precedence over any conflicting laws, ordinances, or codes. laws and ordinances ection 8. Appeals Board If the developer or builder desires to appeal the denial of the Enforcement fficer for a permit, he will submit a written request within 30 days of the denial to the Harnett ounty Board of Commissioners stating his reasons for requesting such appeal. The Board of Commissioners ill constitute the Appeals Board or they may appoint such Appeals Board or they may appoint such ppeals Board members to act in their stead. The decision of the Enforcement Officer may be reversed by he majority of the members of the Appeals Board. ection 9. Liability The granting of a permit shall not constitute a guarantee or warranty of ny kind by the County, any officer, employee, or board, as to the safety or practicality of any tructure or uses thereof or any other plan proposed and shall create no cause of action against or iability upon the County, officer, employees or board for damage to property by flood or otherwise. is ordinance does not imply that property inside or outside the flood hazard area will be free from lood damage. ection 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 Commission rs. 256 Section 11. Severability If any of the provisions of this ordinance or the application thereof to any persons or circumstances is held invalid, such invalidity shall not affect other provisions or applica- tions of the ordinance which can be given effect without the invalid provision or application, and to this and 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-Aigust, 1978. Passed and adopted s/ H. D. Carson, Jr: Clerk to the Board Approved as to £onu and legal sufficiency s/ "Edward H. McCormick County Attorney BIDS -- CRAWLER AND Commissioner Brock presented the report from the Bid Committee HURST POWER TOOL and recommended that the bid for the crawler tractor be awarded to North Carolina Equipment Company for the amount of $91,281.69 this price includes State tax and that the bid for the Hurst power tools be awarded to Life Protections Systems in the amount of $11,232, this price includes State tax. Commissioner Shaw presented a progress report on the Harnett Cou- nty Ambulance Metal Building. PROGRESS REPORT AMBULANCE BUILDING N.C. ASSOCIATION OF COUNTY COM. VOTING DELEGATES STATEMENT OF INVEST_ MENTS SR 1132 VOTING MACHINES COMMITTEE ADJOURNMENT Commissioner Stewart moved for the appointment of Commissioner M. H. Brock to serve as voting delegate and Commissioner W. J. Cotton, Jr., to serve as alternate voting delegate at the North Carolina Association of County Commissioners 1978 Annual Confer- ence in Asheville, North Carolina. Commissioner Shaw seconded the motion and the issue passed. M. H. Brock, County Manager, presented the Statement of Invest- ments Report to the Board. Commissioner M. H. Brock presented a petition for SR 1132 to be paved to the Board of Commissioners and recommended that this petitionbe forwarded to the Department of Transportation in Fayetteville. It was the recommendation of the Board that a committee consist - ing of M. H. Brock, Lloyd G. Stewart, W. J. Cotton, Jr., and some members of the Board of Elections be organized to investi- gate the possibility of purchasing voting machines for Harnett County. The meeting adjourned at 8:30 p.m. eca�g retaxv '