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Along rivers and streams where BFE data is provided, but neither floodway nor non-encroachment areas are identified for a special flood hazard area on the FIRM or in the FIS report, the following requirements shall apply to all development within such areas:
(B) No encroachments, including fill, new construction, substantial improvements or other development, shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
(Ord. passed 6-6-2005)
(A) Areas designated as floodways or non- encroachment areas are located within the special flood hazard areas established in § 151.07 of this chapter. The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of flood waters that have erosion potential and carry debris and potential projectiles.
(1) 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 Floodplain Administrator prior to issuance of floodplain development permit.
(2) If § 151.29(A) of this chapter is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this chapter.
(3) No manufactured homes shall be permitted, except replacement manufactured homes in an existing manufactured home park or subdivision; provided, the following provisions are met:
(a) The anchoring and the elevation standards of § 151.26(C) of this chapter; and
(b) The no encroachment standard of § 151.29(A) of this chapter are met.
(Ord. passed 6-6-2005)
ADMINISTRATION, ENFORCEMENT,
LEGAL PROVISIONS
LEGAL PROVISIONS
(A) The town’s Chief Building Inspector or his or her designee, hereinafter referred to as the Floodplain Administrator, is hereby appointed to administer and implement the provisions of this chapter and any county municipal interlocal agreements.
(B) The Floodplain Administrator shall perform, but not be limited to, the following duties:
(1) 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;
(2) Advise permittee that additional federal or state permits (wetlands, endangered species, erosion and sedimentation control, CAMA, riparian buffers, mining and the like) may be required, and require that copies of such permits be provided and maintained on file with the floodplain development permit;
(3) Notify adjacent communities and the state’s Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);
(4) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished;
(5) Prevent encroachments into floodways and non-encroachment areas unless the certification and flood hazard reduction provisions of § 151.28 of this chapter are met;
(6) Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and all attendant utilities of all new or substantially improved structures, in accordance with § 151.41(D) of this chapter;
(7) Obtain the actual elevation (in relation to mean sea level) to which the new or substantially improved structures and all utilities have been flood- proofed, in accordance with § 151.41(D) of this chapter;
(8) Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with § 151.41(D) of this chapter;
(9) When flood-proofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with §§ 151.26(B) and 151.41(D) of this chapter;
(10) Where interpretation is needed as to the exact location of boundaries of the special flood hazard 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;
(11) When base flood elevation (BFE) data has not been provided in accordance with § 151.07 of this chapter, obtain, review and reasonably utilize any base flood elevation (BFE) data, along with floodway data or non-encroachment area data available from a federal, state or other source, including data developed pursuant to § 151.27(B)(2) of this chapter, in order to administer the provisions of this chapter;
(12) When base flood elevation (BFE) data is provided, but no floodway nor non-encroachment area data has been provided in accordance with § 151.07 of this chapter, obtain, review and reasonably utilize any floodway data or non- encroachment area data available from a federal, state or other source in order to administer the provisions of this chapter;
(13) When the exact location of boundaries of the special flood hazard areas 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. Maintain a copy of the letter of map amendment (LOMA) issued by FEMA in the floodplain development permit file;
(14) Permanently maintain all records that pertain to the administration of this chapter and make these records available for public inspection;
(15) 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;
(16) 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;
(17) Revoke 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;
(18) 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;
(19) Follow through with corrective procedures of § 151.42 of this chapter; and
(20) Maintain a current map repository to include, but not limited to, the FIS report, FIRM and/or other official flood maps/studies adopted under § 151.07(B) of this chapter, including any revisions thereto including letters of map change, issued by state and/or FEMA. Notify state and FEMA of mapping needs.
(Ord. passed 6-6-2005)
(A) Permit required. A floodplain development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities within special flood hazard areas as determined in § 151.07 of this chapter.
(B) Application requirements. Application for a Floodplain development permit shall be made to the Floodplain Administrator prior to any development activities located within special flood hazard areas. The following items shall be presented to the Floodplain Administrator to apply for a floodplain development permit:
(1) A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:
(a) The nature, location, dimensions and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities and other development;
(b) The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in § 151.07 of this chapter, or a statement that the entire lot is within the special flood hazard area;
(c) Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in § 151.07 of this chapter;
(d) The boundary of the floodway(s) or non-encroachment area(s) as determined in § 151.07 of this chapter;
(f) The old and new location of any watercourse that will be altered or relocated as a result of proposed development; and
(g) Certification of the plot plan by a registered land surveyor or professional engineer.
(2) Proposed elevation, and method thereof, of all development within a special flood hazard area including, but not limited to:
(a) Elevation in relation to mean sea level of the proposed reference level (including basement) of all structures;
(b) Elevation in relation to mean sea level to which any non-residential structure in Zone AE, A or AO will be flood-proofed; and
(c) Elevation in relation to mean sea level to which any proposed utility systems will be elevated or flood-proofed.
(3) If flood-proofing, a flood-proofing certificate (FEMA Form 81-65) along with detailed back-up computations and operational plans that specify the location on a FIRM panel of flood- proofing measures, the entity responsible for transportation and installation according to the design within the warning time available, and maintenance of flood-proofing measures assuring their effectiveness when installed. Flood-proofing certificate and back-up computations and operational plans shall be certified by a registered professional engineer or architect to ensure that the non-residential flood-proofed development will meet the flood-proofing criteria in § 151.26(B) of this chapter.
(4) A foundation plan drawn to scale which shall include details of the proposed foundation system to ensure all provisions of this chapter are met. These details include, but are not limited to:
(a) The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear walls); and
(b) Openings to facilitate equalization of hydrostatic flood forces on walls in accordance with § 151.26(D) of this chapter, when solid foundation perimeter walls are used in Zones A, AO, AE and A1-30.
(5) Usage details of any enclosed areas below the regulatory flood protection elevation;
(6) Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical and water systems to be located and constructed to minimize flood damage;
(7) Copies of all other local, state and federal permits required prior to floodplain development permit issuance (wetlands, endangered species, erosion and sedimentation control, CAMA, riparian buffers, mining and the like);
(8) Documentation for placement of recreational vehicles and/or temporary structures, when applicable, to ensure § 151.26(F) and (G) of this chapter are met; and
(9) A description of proposed watercourse alteration or relocation, when applicable, including 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 (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.
(C) Permit requirements. The floodplain development permit shall include, but not be limited to:
(1) A description of the development to be permitted under the floodplain development permit;
(2) The special flood hazard area determination for the proposed development per available data specified in § 151.07 of this chapter;
(3) The regulatory flood protection elevation required for the reference level and all attendant utilities;
(4) The regulatory flood protection elevation required for the protection of all public utilities;
(5) All certification submittal requirements with timelines;
(6) A statement that no fill material shall encroach into the floodway or non-encroachment area of any watercourse, as applicable;
(7) The minimum opening requirements, if in Zone A, AO, AE or A1-30; and
(8) Limitations of below BFE enclosure uses, if applicable (i.e., parking, building access and limited storage only).
(D) Certification requirements.
(1) Elevation certificates.
(a) An elevation certificate (FEMA Form 81-31) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to mean sea level. Elevation certification shall be prepared by, or under direct supervision of, a registered land surveyor or professional engineer and certified by same. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.
(b) An elevation certificate (FEMA Form 81-31) or flood-proofing certificate (FEMA Form 81-65) is required after the reference level is established. Within seven calendar days of establishment of the reference level elevation, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to mean sea level. Elevation certification shall be prepared by, or under the direct supervision of, a registered land surveyor or professional engineer and certified by same. Any work done within the seven-day calendar period and prior to submission of the certification shall be at the permit holder’s risk. The Floodplain Administrator shall review the certificate 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 certification or failure to make required corrections shall be cause to issue a stop-work order for the project.
(c) A final as-built elevation certificate (FEMA Form 81-31) is required after construction is completed and prior to certificate of compliance/ occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. Elevation certification shall be prepared by, or under the direct supervision of, a registered land surveyor or professional engineer and certified by same. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to certificate of compliance/ occupancy issuance. In some instances, another certification may be required to certify corrected as- built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a certificate of compliance/ occupancy.
(2) Flood-proofing certificate. If non- residential flood-proofing is used to meet the regulatory flood protection elevation requirements, a flood-proofing certificate (FEMA Form 81-65) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the flood-proofed design elevation of the reference level and all attendant utilities, in relation to mean sea level. Flood-proofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a certificate of compliance/ occupancy.
(3) Foundation certification. If a manufactured home is placed within Zone A, AO, AE or A1-30 and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required per § 151.26(C) of this chapter.
(4) Other submissions. If a watercourse is to be altered or relocated, 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 shall all be submitted by the permit applicant prior to issuance of a floodplain development permit.
(5) Certification exemptions. The following structures, if located within Zone A, AO, AE or A1-30, are exempt from the elevation/flood-proofing certification requirements specified in divisions (D)(1) and (D)(2) above:
(a) Recreational vehicles meeting requirements of § 151.26(F)(1) of this chapter;
(b) Temporary structures meeting requirements of § 151.26(G) of this chapter; and
(c) Accessory structures less than 150 square feet meeting requirements of § 151.26(H) of this chapter.
(Ord. passed 6-6-2005)
(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 pertaining to his, her or their property.
(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:
(1) The building or property is in violation of the flood damage prevention ordinance;
(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 appears appropriate.
(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 the flood damage prevention ordinance, he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than 60 days, nor more than 90 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 such 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, he or she shall be guilty of a misdemeanor and shall be punished at the discretion of the court.
(Ord. passed 6-6-2005)
(A) The town’s Planning Board as established by the Board of Commissioners, hereinafter referred to as the “Appeal Board”, shall hear and decide requests for variances from the requirements of this chapter in areas not governed by municipalities. The Board of Commissioners or its designees will be the first appeal authority for those applicants within county municipalities or their ETJs (extra-territorial jurisdictions).
(B) Any person aggrieved by the decision of the Appeal Board may appeal such decision to the Court, as provided in G.S. Ch. 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 dependant facilities if determined to meet the definition as stated in § 151.05 of this chapter; and
(3) Any other type of development; provided, it meets the requirements stated in 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 such 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 defined under § 151.05 of this chapter as a functionally dependant facility, 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 flood waters 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 such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(G) Variances shall not be issued within any designated floodway or non-encroachment area if any increase in flood levels during the base flood discharge would result.
(H) Conditions for variances.
(1) Variances shall 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 only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(3) 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.
(4) 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 a written statement that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced reference level elevation. Such notification shall be maintained with a record of all variance actions.
(5) The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and the state upon request.
(Ord. passed 6-6-2005)
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