§ 22-34. Administration.
(a)
Designation of floodplain administrator. The chief building inspector or his designee is hereby appointed to administer and implement the provisions of this article.
(b)
Duties and responsibilities of the floodplain administrator. Duties of the floodplain administrator shall include, but not be limited to:
(1)
Review of all floodplain development applications and issue permits for all proposed development within special flood hazard areas to assure that all requirements of this article have been satisfied.
(2)
Advising permittee that additional federal or state permits (wetlands, endangered species, erosion and sedimentation control, CAMA, riparian buffers, mining, etc.) may be required, and if specific federal or state permits are known, requiring that copies of such permits be provided and maintained on file with the floodplain development permit.
(3)
Notifying adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program prior to any alterations or relocation of a watercourse, and submitting evidence of such notification to FEMA.
(4)
Ensuring that maintenance is provided within the altered or relocated portion of such watercourse so that the flood-carrying capacity is not diminished.
(5)
Obtaining the actual elevation (in relation to mean sea level) of the reference level (including the basement) and all attendant utilities of all new or substantially improved structures in accordance with subsection (e)(1) of this section.
(6)
Obtaining the actual elevation (in relation to mean sea level) to which all new or substantially improved structures and utilities have been floodproofed in accordance with subsection (e)(1) of this section.
(7)
Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with subsection (e)(1) of this section.
(8)
When floodproofing is utilized for a particular structure, the floodplain administrator shall obtain certifications from a state registered professional engineer or architect in accordance with subsection (e)(2) of this section and subsection 22-35(b)(2).
(9)
Where interpretation is needed as to the exact location of the boundaries of the special flood hazard areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the floodplain administrator shall 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 article.
(10)
When the lowest ground elevation of a parcel or structure in a special flood hazard area is above the base flood elevation, advise the property owner of the option to apply for a letter of map amendment (LOMA) from FEMA. Maintain a copy of the letter of map amendment (LOMA) issued by FEMA in the floodplain development permit file.
(11)
Making 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 this article and 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 town at any reasonable hour for the purposes of inspection or other enforcement action.
(12)
Issue stop work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this article, 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 reasons(s) for the stoppage, and the conditions(s) under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor.
(13)
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 any applicable state or local law may be revoked.
(14)
Permanently maintain all records pertaining to the administration of this article and making these records available for public inspection.
(15)
Providing the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program with two copies of the maps delineating new corporate limits within six months from date of annexation or change in corporate boundaries.
(16)
Make periodic inspections throughout all special flood hazard areas within the jurisdiction of the town. 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.
(17)
Follow through with corrective procedures of subsection 22-34(f).
(18)
Review, provide input, and make recommendations for variance requests.
(19)
Maintain a current map repository to include, but not limited to, the FIS report, FIRM and other official flood maps and studies adopted in accordance with subsection 22-33(b) of this article, including any revisions thereto including letters of map change, issued by FEMA. Notify state and FEMA of mapping needs.
(20)
Coordinate revisions to FIS reports and FIRMS, including letters of map revision based on fill (LOMR-F) and letters of map revision (LOMR).
(c)
Floodplain development application requirements. Application for a floodplain development permit shall be made to the floodplain administrator on forms furnished by him 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)
Plot plans in duplicate 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, location of 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 subsection 22-33(b) 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 subsection 22-33(b);
d.
The base flood elevation (BFE) where provided as set forth in subsection 22-33(b);
e.
The old and new location of any watercourse that will be altered or relocated as a result of proposed development;
f.
The boundary and designation date of the CBRS area or OPA, if applicable; 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.
The elevation in relation to mean sea level of the proposed reference level (including the basement) of all new and substantially improved structures; and
b.
Elevation in relation to mean sea level to which any non-residential structure in zone AE will be floodproofed; and
c.
Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed;
(3)
If floodproofing, a floodproofing certificate (FEMA Form 81-65) with supporting data and an operational plan that includes, but is 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 article 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, open foundation on columns/posts/piers/piles/shear walls).
b.
Openings to facilitate equalization of hydrostatic flood forces on walls in accordance with subsection 22-35(b)(5) when solid foundation perimeter walls are used in zones AE.
c.
The following, in coastal high hazard areas, in accordance with subsection 22-35(b)(5)d. and subsection 22-35(c):
1.
V-Zone certification with accompanying plans and specifications verifying the engineered structure and any breakaway wall designs.
2.
Plans for open wood lattice or insect screening, if applicable.
3.
Plans for non-structural fill, if applicable. If non-structural fill is proposed, it must demonstrated through coastal engineering analysis that the proposed fill would not result in any increase in the base flood elevation 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 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, etc.)
(8)
Documentation for placement of recreational vehicles and/or temporary structures, when applicable, to ensure subsections 22-35(b)(4) and (b)(6) of this article are met.
(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 the plot plan) showing the location of the proposed watercourse alteration and relocation.
(d)
Floodplain development 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 subsection 22-33(b).
(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)
The flood openings requirements, if in zones AE.
(7)
Limitations of use of the enclosures below the lowest floor, not to exceed 300 square feet in area, (i.e. parking, building access and limited storage only).
(8)
A statement, if in zone VE, that there shall be no alteration of sand dunes which would increase potential flood damage.
(9)
A statement, if in zone VE, that there shall be no fill used for structural support.
(e)
Floodplain development certification requirements.
(1)
Elevation certificates.
a.
An elevation certificate (FEMA Form 81-31) may be required prior to the actual start of any new construction if determined necessary by the floodplain administrator. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of elevation of the reference level, in relation to mean sea level. 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 81-31) is required after the reference level is established. Within 21 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. Any work done within the 21 calendar-day-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 the required corrections shall be cause to issue a stop-work order for the project.
c.
A final as-built elevation certificate (FEMA 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. 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 to a certificate of compliance/occupancy.
(2)
Floodproofing certificate. If non-residential floodproofing is used to meet the regulatory food protection elevation requirements, a floodproofing certificate (FEMA Form 81-65), with supporting data and an operational plan, 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 floodproofed design elevation of the reference level and all attendant utilities in relation to mean sea level. 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 and 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.
(3)
If a manufactured home is placed within zone AE and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required per subsection 22-35(b)(3).
(4)
If a watercourse is to be altered or relocated, a description of the extent of the 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 be submitted by the permit applicant prior to issuance of a floodplain development permit.
(5)
Certification exemptions. The following structures, if located within zone AE, are exempt from the elevation/floodproofing certification requirements specified in subsections (1)a. and (1)b. above:
a.
Recreational vehicles meeting requirements of subsection 22-35(b)(4);
b.
Temporary structures meeting requirements of subsection 22-35(b)(6) and,
c.
Accessory structures less than 150 square feet meeting requirements of subsection 22-35(b)(7).
(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 article 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 article. This certification is not a substitute for an elevation certificate.
(f)
Corrective procedures.
(1)
Violations to be corrected. When the floodplain administrator finds violations of applicable state and local laws, it shall be his 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 on the property he owns.
(2)
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 him written notice, by certified mail, to his last known address or by personal service that:
a.
The building or property is in violation of the flood damage prevention ordinance;
b.
A hearing will be held before the floodplain administrator at a designated place and time, not later than ten working 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
c.
Following the hearing, the floodplain administrator may issue such order to alter, vacate or demolish the building; or to remove fill as appears appropriate.
(3)
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 article, he shall make an order in writing to the owner, requiring the owner to remedy the violation within such period not less than 60 days, nor more than 180 calendar days, as the floodplain administrator may prescribe; provided, however, that where the floodplain administrator finds that there is imminent danger to life or other property, he may issue an order that corrective action be taken in such lesser period as may be feasible.
(4)
Appeal. Any owner who has received an order to take corrective action may appeal the order to the board of adjustment by giving notice of appeal in writing to the floodplain administrator and the town 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 board of adjustment shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.
(5)
Failure to comply with order. If the owner of a building or property fails to comply with an order to take corrective action from which no appeal has been taken, or fails to comply with an order of the board of adjustment following an appeal, he shall be guilty of a misdemeanor and shall be punished in the discretion of the court.
(g)
Variance procedures. Variance procedures shall be in accordance with subsection 48-594(c) and the following additional provisions:
(1)
The board of adjustment, as established by the town, shall hear and decide requests for variances from the requirements of this article.
(2)
Any person aggrieved by the decision of the board of adjustment may appeal such decision to superior court, as provided in N.C.G.S. ch. 7A.
(3)
Variances may be issued for:
a.
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 the variance is the minimum necessary to preserve the historic character and design of the structure.
b.
Functionally dependent facilities if determined to meet the definition as stated in section 22-32, of this article, provided provisions of subsections 22-34(g)(10)b. and c. have been satisfied, and such facilities are protected by methods that minimize flood damages.
c.
Any other type of development, provided it meets the requirements stated in this section.
(4)
In passing upon such applications, the board of adjustment shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this article and the:
a.
Danger that materials may be swept onto other lands to the injury of others;
b.
Danger to life and property due to flooding or erosion damage;
c.
Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
d.
Importance of the services provided by the proposed facility to the community;
e.
Necessity to the facility of a waterfront location as defined under section 22-32 of this article as a functionally dependant facility, where applicable;
f.
Availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
g.
Compatibility of the proposed use with existing and anticipated development;
h.
Relationship of the proposed use to the current land use plan and floodplain management program for that area;
i.
Safety of access to the property in times of flood for ordinary and emergency vehicles;
j.
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
k.
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.
(5)
A written report addressing each of the above factors shall be submitted with the application for a variance.
(6)
Upon consideration of the factors listed in subsection (g)(4) of this section and the purposes of this article, the board of adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.
(7)
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 built and that such construction below the base flood elevation increases risks to life and property, and that the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to $25.00 per $100.00 of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their insurance.
(8)
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.
(9)
Conditions for variances.
a.
Variances may not be issued when the variance will make the structure in violation of other federal, state or local laws, regulations or ordinances.
b.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
c.
Variances shall only be issued upon:
1.
A showing of good and sufficient cause;
2.
A determination that failure to grant the variance would result in exceptional hardship; and
3.
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.
d.
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.
e.
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.
(10)
A variance may be issued for solid waste disposal facilities, 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:
a.
The use serves a critical need in the community.
b.
No feasible locations exist for the use outside the SFHA.
c.
The reference level of any structure is elevated or floodproofed to at least the regulatory flood protection elevation.
d.
The use complies with all other applicable federal, state and local laws.
e.
The town has notified the Secretary of the North Carolina Department of Crime Control and Public Safety of its intention to grant a variance at least 30 calendar days prior to granting the variance.
(Ord. No. 06-08-030, § I, 8-2-2006)