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The Floodplain Administrator shall perform, but not be limited to, the following duties:
(A) Review all floodplain development applications and issue permits for all proposed development within special flood hazard areas to assure that the requirements of this chapter have been satisfied;
(B) Review all proposed development within special flood hazard areas to assure that all necessary local, state and federal permits have been received, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334;
(C) Notify adjacent communities and the State Department of Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program, prior to any alteration or relocation of a watercourse, and submit evidence of this notification to the Federal Emergency Management Agency (FEMA);
(D) Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is maintained;
(E) Prevent encroachments into floodways and non-encroachment areas, unless the certification and flood hazard reduction provisions of § 151.064 are met;
(F) Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) of all attendant utilities of all new or substantially improved structures, in accordance with the provisions of § 151.041(C);
(G) Obtain the actual elevation (in relation to mean sea level) to which the new or substantially improved structures and all utilities have been floodproofed, in accordance with the provisions of § 151.041(C);
(H) Obtain actual elevation (in relation to mean sea level) of all public utilities, in accordance with the provisions of § 151.041(C);
(J) Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas, floodways or non-encroachment areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this subchapter;
(K) When base flood elevation (BFE) data has not been provided in accordance with the provisions of § 151.021, obtain, review and reasonably utilize any BFE data, along with floodway data or non-encroachment area data available from a federal, state or other source, including data developed pursuant to § 151.062(B)(2), in order to administer the provisions of this chapter;
(L) When base flood elevation (BFE) data is provided, but no floodway or non-encroachment area data has been provided in accordance with the provisions of § 151.021, obtain, review and reasonably utilize any floodway data and/or non-encroachment area data available from a federal, state or other source in order to administer the provisions of this chapter;
(M) When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a parcel in a special flood hazard area is above the base flood elevation (BFE), advise the property owner of the option to apply for a letter of map amendment (LOMA) from FEMA. Maintain a copy of the LOMA issued by FEMA in the floodplain development permit file;
(N) Permanently maintain all records that pertain to the administration of this chapter and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended;
(O) Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the Floodplain 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 Floodplain Administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action;
(P) Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered or repaired in violation of this chapter, the Floodplain 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 reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor;
(Q) Revocation of floodplain development permits as required. The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing, stating the reason(s) 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 floodplain development permit mistakenly issued in violation of an applicable state or local law may also be revoked;
(R) Make periodic inspections throughout all special flood hazard areas within the jurisdiction of the community. The Floodplain Administrator and each member of his or her 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;
(S) Follow through with corrective procedures of § 151.043;
(T) Review, provide input and make recommendations for variance requests.
(U) Maintain a current map repository to include, but not be limited to, the FIS report, FIRM and other official flood maps and studies adopted in accordance with the provisions of § 151.021, including any revisions thereto, including letters of map change, issued by FEMA. Notify state and FEMA of mapping needs.
(V) Coordinate revisions to FIS reports and FIRMs, including letters of map revision based on fill (LOMR-Fs) and letters of map revision (LOMRs).
(Ord. eff. 10-6-2003; Ord. eff. 3-12-2012; Ord. eff. 8-11-2014; Ord. eff. 11-10-2014)
(A) Violations to be corrected. When the Floodplain Administrator finds violations of applicable state and local laws, it shall be his or her 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 cited in the notification.
(B) 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 Floodplain Administrator shall give the owner written notice, by certified or registered mail to the owner’s last known address or by personal service, stating that:
(1) The building or property is in violation of the floodplain management regulations;
(2) A hearing will be held before the Floodplain Administrator at a designated place and time, not later than ten 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
(3) Following the hearing, the Floodplain Administrator may issue an order to alter, vacate or demolish the building; or to remove fill as applicable.
(C) Order to take corrective action. If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator shall find that the building or development is in violation of this chapter, he or she shall make an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than 60 calendar days, nor more than 150 calendar days. Where the Floodplain Administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in a lesser period as may be feasible.
(D) Appeal. Any owner who has received an order to take corrective action may appeal the order to the local elected governing body, by giving notice of appeal in writing to the Floodplain Administrator and the Clerk, within ten days following issuance of the final order. In the absence of an appeal, the order of the Floodplain 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.
(E) Failure to comply with order. If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made, or fails to comply with an order of the governing body following an appeal, the owner shall be guilty of a misdemeanor and shall be punished in the discretion of the court.
(Ord. eff. 10-6-2003; Ord. eff. 3-12-2012; Ord. eff. 8-11-2014; Ord. eff. 11-10-2014) Penalty, see § 151.999
(A) The Board of Adjustment, as established by the town, hereinafter referred to as the “Appeal Board,” shall hear and decide requests for variances from the requirements of this chapter.
(B) Any person aggrieved by the decision of the Appeal Board may appeal the decision to the Court, as provided in G.S. Chapter 7A.
(C) Variances may be issued for:
(1) The repair or 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 that the variance is the minimum necessary to preserve the historic character and design of the structure;
(2) Functionally dependent facilities, if determined to meet the definition as stated in § 151.005, provided the provisions of divisions (I)(2),(3) and (5) of this section have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety; or
(3) Any other type of development, provided it meets the requirements of this section.
(D) In passing upon variances, the Appeal Board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter and:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of that damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the community;
(5) The necessity to the facility of a waterfront location as a functionally dependent facility, as defined in § 151.005, where applicable;
(6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(9) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters, and the effects of wave action, if applicable, expected at the site; and
(11) 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.
(E) A written report addressing each of the above factors shall be submitted with the application for a variance.
(F) Upon consideration of the factors listed above and the purposes of this chapter, the Appeal Board may attach any conditions to the granting of variances as it deems necessary to further the purposes and objectives of this chapter.
(G) Any applicant to whom a variance is granted shall be given written notice, specifying the difference between the base flood elevation (BFE) and the elevation to which the structure is to be built, and that such construction below the BFE increases risks to life and property, and that the issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.
(H) The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and the State of North Carolina upon request.
(I) Conditions for variances:
(1) Variances may not be issued when the variance will make the structure in violation of other federal, state or local laws, regulations or ordinances;
(2) Variances shall not be issued within any designated floodway or non-encroachment area if the variance would result in any increase in flood levels during the base flood discharge.
(3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;
(4) Variances shall only be issued prior to development permit approval.
(5) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship; and
(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(J) A variance may be issued for solid waste disposal facilities or sites, hazardous waste management facilities, salvage yards and chemical storage facilities that are located in special flood hazard areas, provided that all of the following conditions are met:
(1) The use serves a critical need in the community;
(2) No feasible location exists for the use outside the special flood hazard area;
(3) The reference level of any structure is elevated or floodproofed to at least the regulatory flood protection level;
(4) The use complies with all other applicable federal, state and local laws; and
(5) The town has notified the Secretary of the State Department of Public Safety of its intention to grant a variance at least 30 days prior to granting the variance.
(Ord. eff. 10-6-2003; Ord. eff. 3-12-2012; Ord. eff. 8-11-2014; Ord. eff. 11-10-2014)
PROVISIONS FOR FLOOD HAZARD REDUCTION
In all special flood hazard areas, the following provisions are required:
(A) All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure;
(B) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;
(C) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damages;
(D) 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 to the regulatory flood protection elevation. These include but are not limited to HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, hot water heaters and electric outlets/switches;
(E) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
(F) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems, and discharges from the systems into floodwaters;
(G) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;
(H) Any alteration, repair, reconstruction or improvements to a structure in compliance with the provisions of this chapter shall meet the requirements of “new construction” as contained in this chapter;
(I) Nothing in this chapter shall prevent the repair, reconstruction or replacement of a building or structure existing on the effective date of this chapter, and located totally or partially within the floodway, non-encroachment area or stream setback; provided there is no additional encroachment below the regulatory flood protection elevation in the floodway, non-encroachment area or stream setback; and provided that the repair, reconstruction or replacement meets all of the other requirements of this chapter;
(J) New solid waste disposal facilities, hazardous waste management facilities, salvage yards and chemical storage facilities shall not be permitted, except by variance as specified in § 151.044(J). A structure or tank for chemical or fuel storage incidental to an allowed use, or to the operation of a water treatment plant or wastewater treatment facility, may be located in a special flood hazard area only if the structure or tank is either elevated or floodproofed to at least the regulatory flood protection elevation, and certified according to § 151.041(C);
(K) All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage;
(L) All subdivision proposals and other development proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize flood damage;
(M) All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards;
(N) All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
(O) When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements.
(P) When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and the highest base flood elevation (BFE) shall apply.
(Ord. eff. 10-6-2003; Ord. eff. 3-12-2012; Ord. eff. 8-11-2014; Ord. eff. 11-10-2014)
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