§ 152.412 WARNING AND DISCLAIMER OF LIABILITY.

   The degree of flood protection required by this subchapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by man-made or natural causes. This subchapter does not imply the land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This subchapter shall not create liability on the part of the Town of Swansboro or by any officer or employee thereof for any flood damages that result from reliance on this subchapter or any administrative decision lawfully made hereunder.

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2020-O3, passed 6-8-2020)

§ 152.413 PENALTIES FOR VIOLATION.

   Violations of the provisions of this subchapter 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 Class 1 misdemeanor pursuant to G.S. §143-215.58. Any person who violates this subchapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $100 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 the Town of Swansboro from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2020-O3, passed 6-8-2020)

PART II: ADMINISTRATION

§ 152.425 DESIGNATION OF FLOODPLAIN ADMINISTRATOR.

   The Planner, hereinafter referred to as the Floodplain Administrator, or designee, is hereby appointed to administer and implement the provisions of this chapter. In instances where the Floodplain Administrator receives assistance from others to complete tasks to administer and implement this chapter, the Floodplain Administrator shall be responsible for the coordination and community’s overall compliance with the National Flood Insurance Program and the provisions of this chapter.

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2020-O3, passed 6-8-2020)

§ 152.426 FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT AND CERTIFICATION REQUIREMENTS.

   (A)   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 . A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development :

      (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 § 152.407, 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 § 152.407.

         (d)   The boundary of the floodway (s) or non-encroachment area(s) as determined in § 152.407;

         (e)   The base flood elevation (BFE) where provided as set forth in § 152.407, § 152.427(K) and (L), or § 152.442;

         (f)   The old and new location of any watercourse that will be altered or relocated as a result of proposed development;

         (g)   The boundary and designation date of the Coastal Barrier Resource System (CBRS) area or otherwise protected areas (OPA), if applicable; and

         (h)   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 NAVD 1988 of the proposed reference level (including basement) of all structures;

         (b)   Elevation in relation to NAVD 1988 to which any non-residential structure in Zones A, AE, AH, AO, A99 will be flood-proofed; and

         (c)   Elevation in relation to NAVD 1988 to which any proposed utility systems will be elevated or flood-proofed;

      (3)   If flood proofing, a flood-proofing certificate (FEMA Form 086-0-34) with supporting data, an operational plan, and an inspection and maintenance plan that include, but are not limited to, installation, exercise, and maintenance of floodproofing measures.

      (4)   A foundation plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this subchapter 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);

         (b)   Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with § 152.441(D), when solid foundation perimeter walls are used in Zones A, AE, AH, AO, and A99;

         (c)   The following, in coastal high hazard areas, in accordance with § 152.441(D) and § 152.445 (and § 152.446 if applicable):

            1.   V-zone certification with accompanying plans and specifications verifying the engineered structure and any breakaway wall designs; in addition, prior to the certificate of compliance/occupancy issuance, a registered professional engineer or architect shall certify the finished construction is compliant with the design, specifications and plans for VE Zone construction;

            2.   Plans for open wood latticework or insect screening, if applicable; and

            3.   Plans for non-structural fill, if applicable. If non-structural fill is proposed, it must be demonstrated through coastal engineering analysis that the proposed fill would not result in any increase in the BFE or otherwise cause adverse impacts by wave ramping and deflection on to the subject structure or adjacent properties.

      (5)   Usage details of any enclosed areas below the lowest floor.

      (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)   Certification that all other local, state and federal permits required prior to floodplain development permit issuance have been recieved;

      (8)   Documentation for placement of recreational vehicles and/or temporary structures, when applicable, to ensure § 152.441(F) and (G) are met; and

      (9)   A description of proposed watercourse alteration or relocation, when applicable, including and 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.

   (B)   Permit requirements. The floodplain development permit shall include, but not be limited to:

      (1)   A complete description of all the development to be permitted under the floodplain development permit (e.g. house, garage, pool, septic, bulkhead, cabana, pier, bridge, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials, etc.);

      (2)   The special flood hazard area determination for the proposed development in accordance with available data specified in § 152.407;

      (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 or other development shall encroach into the floodway or non-encroachment area of any watercourse unless the requirements of § 152.444 have been met;

      (7)   The flood openings requirements, if in Zones A, AE, AH, AO, A99;

      (8)   Limitations of below BFE enclosure uses, (i.e., parking, building access and limited storage only);

      (9)   A statement, if in Zone VE, that there shall be no alteration of sand dunes which would increase potential flood damage;

      (10)   A statement, if in Zone VE, that there shall be no fill used for structural support;

      (11)   A statement, that all materials below BFE/RFPE must be flood resistant materials.

   (C)   Certification requirements.

      (1)   Elevation certificates.

         (a)   An elevation certificate (FEMA Form 086-0-33) 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 NAVD 1988. 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 086-0-33) 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 NAVD 1988. 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 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 finished construction elevation certificate (FEMA Form 086-0-33) 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. 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. The finished construction elevation certificate certifier shall provide at least two photographs showing the front and rear of the building taken within 90 days from the date of certification. The photographs must be taken with views confirming the building description and diagram number provided in Section A. To the extent possible, these photographs should show the entire building including foundation. If the building has split-level or multi-level areas, provide at least two additional photographs showing side views of the building. In addition, when applicable, provide a photograph of the foundation showing a representative example of the flood openings or vents. All photographs must be in color and measure at least three inches by three inches. Digital photographs are acceptable.   

      (2)   Floodproofing certificate.

         (a)   If non-residential floodproofing is used to meet the regulatory flood protection elevation requirements, a floodproofing certificate (FEMA Form 086-0-34), with supporting data, an operational plan, and an inspection and maintenance plan are 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 floodproofed design elevation of the reference level and all attendant utilities, in relation to NAVD 1988. Floodproofing 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, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. 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.

         (b)   A final finished construction floodproofing certificate (FEMA Form 086-0-34), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the issuance of a certificate of compliance/occupancy. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to NAVD 1988. Floodproofing certificate 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, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to certificate of occupancy. 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 deny a certificate of compliance/occupancy.

      (3)   If a manufactured home is placed within Zones A, AE, AH, AO, A99 and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required per § 152.441(C).

      (4)   If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; a professional engineer’s certified 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 Zones A, AE, AH, AO, A99, are exempt from the elevation/flood-proofing certification requirements specified in divisions (C)(1) and (2) of this section:

         (a)   Recreational vehicles meeting requirements of § 152.441(F) (1);

         (b)   Temporary structures meeting requirements of § 152.441(G); and

         (c)   Accessory structures less than 150 square feet or less with a cost of $5,000 or less and meeting requirements of § 152.441(H).

      (6)   A V-Zone certification with accompanying design plans and specifications is required prior to issuance of a floodplain development permit within coastal high hazard areas. It shall be the duty of the permit applicant to submit to the Floodplain Administrator said certification to ensure the design standards of this subchapter are met. A registered professional engineer or architect shall develop or review the structural design, plans, and specifications for construction and certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this chapter. This certification is not a substitute for an elevation certificate. In addition, prior to the certificate of compliance/occupancy issuance, a registered professional engineer or architect shall certify the finished construction is compliant with the design, specifications and plans for VE Zone construction.

   (D)   Determinations for existing buildings and structures . For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:

      (1)   Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;

      (2)   Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;

      (3)   Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and

      (4)   Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the NC Building Code and this chapter is required.

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2021-O3, passed 6-8-2020)

§ 152.427 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.

   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 ordinance 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 North Carolina 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 such notification to the Federal Emergency Management Agency (FEMA);

   (D)   Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained;

   (E)   Prevent encroachments into floodway s and non-encroachment areas unless the certification and flood hazard reduction provisions of § 152.444 are met;

   (F)   Obtain actual elevation (in relation to NAVD 1988) of the reference level (including basement) and all attendant utilities of all new or substantially improved structures, in accordance with § 152.426(C);

   (G)   Obtain actual elevation (in relation to NAVD 1988) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the provisions of § 152.426(C);

   (H)   Obtain actual elevation (in relation to NAVD 1988) of all public utilities in accordance with § 152.426(C);

   (I)   When flood-proofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with §§ 152.426(C) and 152.441(B);

   (J)   Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas, floodway s, 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 §152.407, 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 § 152.442(B), in order to administer the provisions of this subchapter;

   (L)   When base flood elevation (BFE) data is provided but no floodway or non-encroachment area data has been provided in accordance with § 152.407, 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 subchapter;

   (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 BFE, advise the property owner of the option to apply for a letter of map amendment (LOMA) from FEMA. However, if the property is to be removed from the V Zone it must not be located seaward of the landward toe of the primary frontal dune. 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 subchapter 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 subchapter, 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)   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, and specifications; for refusal or failure to comply with the requirements of state or local laws or for false statements or misrepresentations make 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 § 152.428;

   (T)   Review, provide input, and make recommendations for variance requests;

   (U)   Maintain a current map repository to include, but not limited to, historical and effective FIS Report, historical and effective FIRM and other official flood maps/studies adopted in accordance with the provisions of § 152.407, including any revisions thereto including Letters of Map Change , issued by FEMA. Notify State and FEMA of mapping needs; and

   (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. 2005-O3, passed 3-15-2005; Am. Ord. 2020-O3, passed 6-8-2020)