HomeMy WebLinkAbout2019-11-04 RM Exhibits Exhibit
Book. X �T_ Page 3(
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description: Sapling Circle (remaining portion) located within the
Meadowbrook (section 11) and Sun Coast Villas (section 8)
subdivisions in New Hanover County (Division File No: 1281-N)
WHEREAS, a petition has been filed with the Board of County Commissioners of
the County of New Hanover requesting that the above described road(s), the location of
which has been indicated on a map, be added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners is of the opinion that the above
described road(s) should be added to the Secondary Road System, if the road(s) meets
minimum standards and criteria established by the Division of Highways of the
Department of Transportation for the addition of roads to the System.
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County
of New Hanover that the Division of Highways is hereby requested to review the above
described road(s), and to take over the road(s)for maintenance if they meet established
standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the 4`h day of November, 2019.
WI " .�: m• 'and and official seal this the 4th day of November, 2019.
Z •
K !�berleigh G. C�' ell, Clerk to the Board
.!41 New Hanover County Board of Commissioners
Form SR-2
Please Note: Forward directly to the District Engineer, Division of Highways.
B oak�tXLLpage :o Z ,,t,..,
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
DIABETES AWARENESS MONTH PROCLAMATION
WHEREAS, 1 in 10 adults in North Carolina report having been diagnosed with diabetes, a serious
disease with no cure; and
WHEREAS, an estimated 53,000 North Carolinians are newly diagnosed with diabetes annually; 1
and
WHEREAS, approximately 1 in 4 persons with diabetes are unaware they have the disease; and
WHEREAS, the theme for National Diabetes Month in 2019 is "Take Diabetes to Heart: Linking
Diabetes to Cardiovascular Disease"; and
WHEREAS, having diabetes means a person is more likely to develop heart disease and to have a
greater chance of a heart attack or stroke; and
WHEREAS, over time, high blood sugar from diabetes can damage your blood vessels and the
nerves that control your heart; and
WHEREAS, adults with diabetes are nearly twice as likely to die from heart disease or stroke as
people without diabetes.
NOW,THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that
November 2019 will be recognized as "Diabetes Awareness Month" in New Hanover County.
Furthermore, we encourage our community to learn and take action on measures to prevent the
potential damage to cardiovascular health from diabetes such as healthy eating, regular exercise,
managing cholesterol and blood sugar levels, reducing stress, and avoid smoking.
ADOPTED this the 4th day of November, 2019.
NEW HANOVER COUNTY
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Ky r erleigh G. C ell, Clerk to the Board rd.
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Exhibit �. Pa e 3(2 3
Book_X__._L_ 9 e4t.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ADOPTION AWARENESS MONTH PROCLAMATION
WHEREAS, every child deserves the chance to grow up in a loving, stable family, and adoption is
a beautiful way to build a family. In 2017, an estimated 59,430 children were adopted nation-
wide from a public agency and 1,528 children were adopted from foster care in North Carolina;
and
WHEREAS, adoption is the goal for many special needs children in foster care. In North Carolina
there are an estimated 2,908 foster children and nationwide an estimated 123,000 children
waiting to be adopted annually; and
WHEREAS, some special needs children are teenagers, and some have physical, emotional and
behavioral challenges. They are children of all races. Many have been neglected, abandoned,
abused, and/or exposed to drugs and alcohol. Others are brothers and sisters who want to grow
up together and they need our care and security; and
WHEREAS, many children find permanent homes through adoption by their foster families or
relatives, thereby creating an ongoing need for new foster and adoptive families. 58 children in
New Hanover County found permanence through adoption this past fiscal year.
NOW,THEREFORE,BE IT PROCLAIMED by the New Hanover County Board of Commissioners that
November 2019 will be recognized as"Adoption Awareness Month" in New Hanover County.The
Board thanks all adoptive mothers and fathers for their commitment to children. Furthermore,
the Board encourages our community to honor the special needs of New Hanover County's
children in hopes of securing a permanent, loving family for each and every child regardless of
race, age, gender, health, emotional or behavioral condition or past distress.
ADOPTED this the 4th day of November, 2019.
NEW HA► e, ER COUNTY
it�(
on.than B. ., Chairman
I
ATT ,T:
AA/ 4 - � 0
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K berleigh G. owell, Clerk to the Board
Exhibit XLZ Page •116.
New Hanover County Monthly Collection Report for September 2019
Current Year 2019-2020
Real Estate Personal Property Motor Vehicles Combined
Scroll/Billed $ 146,529,196.28 $ 9,356,559.74 $ 2,836,498.78 $ 158,722,254.80
Abatements $ (7,414.83) $ (83,231.84) $ (90,646.67)
Adjustments $ 597.68 $ - $ 597.68
Total Taxes Charged $ 146,522,379.13 $ 9,273,327.90 $ 2,836,498.78 $ 158,632,205.81
Collections to Date $ 18,363,646.69 $ 948,930.47 $ 2,836,498.78 $ 22,149,075.94
*Refunds $ 6,960.95 $ - $ 6,960.95
Write-off $ (193.09) $ (765.51) $ (958.60)
Outstanding Balance $ 128,165,500.30 $ 8,323,631.92 $ - $ 136,489,132.22
Collection Percentage 12.53 10.24 100.00 13.96
YTD Interest Collected $ - $ - $ 24,774.62 $ 24,774.62
Total 2019-2020 Collections YTD $ 22,166,889.61
Prior Years 2009-2018
Real Estate Personal Property Motor Vehicles Combined
Scroll $ 1,461,488.76 $ 4,153,832.71 $ 497,337.43 $ 6,112,658.90
Abatements $ (4,446.85) $ (19,091.57) $ - $ (23,538.42)
Adjustments $ - $ 926.74 $ 926.74
Total Levy $ 1,457,041.91 $ 4,135,667.88 $ 497,337.43 $ 6,090,047.22
Collections to Date $ 243,421.82 $ 75,164.66 $ 1,369.41 $ 319,955.89
*Refunds $ 21,707.81 $ 2,550.49 $ 435.21 $ 24,693.51
Write-off $ (1.37) $ (119.13) $ (3.70) $ (124.20)
Outstanding Balance $ 1,235,326.53 $ 4,062,934.58 $ 496,399.53 $ 5,794,660.64
YTD Interest Collected $ 34,620.05 $ 10,288.41 $ 545.92 $ 45,454.38
Total Prior Year Collections YTD $ 340,716.76
(Grand Total All Collections YTD $ 22,507,606.37 I
*Detailed information for Refunds can be found in the Tax Office
NEW H• ••COUNTY /
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New Hanover County Debt Service Monthly Collection Report for September 2019
Current Year 2019-2020
Real Estate Personal Property Motor Vehicles Combined
Scroll/Billed $ 19,335,872.17 $ 1,227,494.56 $ 374,166.06 $ 20,937,532.79
Abatements $ (978.45) $ (10,983.28) $ - $ (11,961.73)
Adjustments $ 78.86 $ - $ - $ 78.86
Total Taxes Charged $ 19,334,972.58 $ 1,216,511.28 $ 374,166.06 $ 20,925,649.92
Collections to Date $ 2,417,628.00 $ 121,470.92 $ 374,166.06 $ 2,913,264.98
*Refunds $ - $ - $ -
Write-off $ (25.51) $ (101.47) $ (126.98)
Outstanding Balance $ 16,917,319.07 $ 1,094,938.89 $ - $ 18,012,257.96
Collection Percentage 12.50 9.99 100.00 13.92
YTD Interest Collected $ - $ - $ 3,029.80
(Total 2019-2020 Collections YTD $ 2,913,264.98 I
Prior Years 2009-2018
Real Estate Personal Property Motor Vehicles Combined
Scroll $ 125,470.73 $ 202,521.88 $ - $ 327,992.61
Abatements $ (331.57) $ (1,533.73) $ (1,865.30)
Adjustments $ 122.29 $ 122.29
Total Levy $ 125,139.16 $ 201,110.44 $ - $ 326,249.60
Collections to Date $ 26,579.28 $ 6,082.21 $ - $ 32,661.49
*Refunds $ 459.59 $ 184.41 $ - $ 644.00
Write-off $ (7.22) $ (16.24) $ - $ (23.46)
Outstanding Balance $ 99,012.25 $ 195,196.40 $ - $ 294,208.65
YTD Interest Collected $ 2,947.08 $ 561.64 $ - $ 3,508.72
Total Prior Year Collections YTD $ 35,526.21
*Detailed information for Refunds can be found in the Tax Office
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Book N/T Page 1 .1 C.
New Hanover County Fire District Monthly Collection Report for September 2019
Current Year 2019-2020
Real Estate Personal Property Motor Vehicles Combined
Scroll/Billed $ 8,766,218.38 $ 727,801.00 $ 216,764.63 $ 9,710,784.01
Abatements $ (504.45) $ (4,622.20) $ (5,126.65)
Adjustments $ 4,902.64 $ - $ 4,902.64
Total Taxes Charged $ 8,770,616.57 $ 723,178.80 $ 216,764.63 $ 9,710,560.00
Collections to Date $ 1,063,868.84 $ 54,398.18 $ 216,764.63 $ 1,335,031.65
*Refunds $ - $ - $ -
Write-off $ (20.10) $ (72.80) $ (92.90)
Outstanding Balance $ 7,706,727.63 $ 668,707.82 $ - $ 8,375,435.45
Collection Percentage 12.13 7.53 100.00 13.75
YTD Interest Collected $ - $ - $ 1,837.90 $ 1,837.90
Total 2019-2020 Collections YTD $ 1,336,869.55
Prior Years 2009-2018
Real Estate Personal Property Motor Vehicles Combined
Scroll $ 81,964.20 $ 227,599.09 $ 28,922.46 $ 338,485.75
Abatements $ (621.72) $ (198.15) $ (819.87)
Adjustments $ 136.29 $ 136.29
Total Levy $ 81,342.48 $ 227,537.23 $ 28,922.46 $ 337,802.17
Collections to Date $ 9,766.86 $ 4,398.03 $ 51.95 $ 14,216.84
*Refunds $ - $ 103.82 $ 103.82
Write-off $ (4.89) $ (10.62) $ (0.39) $ (15.90)
Outstanding Balance $ 71,570.73 $ 223,232.40 $ 28,870.12 $ 323,673.25
YTD Interest Collected $ 1,302.34 $ 520.27 $ 36.87 $ 1,859.48
Total Prior Year Collections YTD $ 16,076.32
'Grand Total All Collections YTD $ 1,352,945:87 I
*Detailed information for Refunds can be found in the Tax Office
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NEW 4V ' COUNTY
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Exhibit,3�J
Booker Page
AGENDA: November 4,2019
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2020 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending
June 30,2020.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Provide health/wellness education,programs,and services
Fund: Fire District
Department: Fire Rescue
E 4.enditure: Decrease Increase Total
BA 20-016 Firefi:u tin. •ui.-Communications $ 46,145 $ 46,145
BA 20-018 Firefi_ tin: •ui s Vision 9,500 $ 9,500
S 55,645 $ 55,645
Revenue: Decrease Increase Total
BA 20-016 Homeland Securi Grant Revenue $ 46,145 $ 46,145
BA 20-018 DPPR Grant Revenue $ 9,500 $ 9,500
wr,. c4 illIFIF '. $ 55,645
Prior to Actions Total if Actions
Today Taken
Departmental Budget I $ 16,515,028 I $ 16,571673
Section 2: Explanation
BA 20-016 Under the terms of the US Department of Homeland Security and the grant recipient,NC
Emergency Management,funding is awarded to New Hanover County Fire Rescue as a subrecipient to fund
projects related to Homeland Security planning,operations,equipment purchases,training or exercises.
New Hanover County Fire Rescue has been awarded a grant to procure a small,portable satellite
communications system. This equipment would provide limited voice and data communications in the
event that conventional voice and data infrastructure was not available either due to location or catastrophic
failure. This equipment could also be used to support the Emergency Operations Center,field operations
or any other location where voice and data communications are required with limited or no existing service.
No county match is required.
BA 20-018 Under the direction of NC Emergency Management,there are regional Domestic Planning and
Preparedness Response(DPPR)committees that are multi-disciplined and multi jurisdictional. The goal of
the group is to work with local representatives on preparedness following the events of September 11,
2001. Each year,local agencies are asked to submit projects that fall under this umbrella for approval and
funding. New Hanover County Fire Rescue submitted a request for night vision equipment as a possible
project for funding and has been awarded a grant for purchase of this equipment. The night vision
equipment will be used in water rescue and search situations during times of low light or low visibility.
This will allow an expansion of our current capability while responding to incidents in the lower
Intracoastal Waterway,creeks and the Cape Fear River. No county match is required.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment(s)20-016&20-018 amending the
annual budget ordinance for the fiscal year ending June 30,2020,is adopted.
Adopted,this 4th day of November,2019.
(SEAL) o oU1NT
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O 'a an Barfield an
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a 411141 611 04„ellad
Fj> K berleigh G.Croj I,Clerk to the Board
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Exhibit
Book YLZ_ Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION OF SUPPORT FOR THE INSTALLATION OF AN ADDITIONAL
SOUTHBOUND EXIT LANE ON US-17 ONTO MARKET STREET IN PORTERS NECK
WHEREAS, the New Hanover County Board of Commissioners considers public safety one of its
most important responsibilities; and
WHEREAS, the safe and efficient movement of traffic is a key element of public safety for
residents and visitors; and
WHEREAS, the NC Department of Transportation has identified a high impact/low cost roadway
project to provide an additional southbound exit lane on US-17 onto Market Street in Porters
Neck; and
WHEREAS, the cost of the improvement, estimated at $400,000, is to be funded by the State of
North Carolina; and
WHEREAS, the proposed improvement is an important element in improving traffic mobility at
the proposed location.
NOW THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners
hereby supports installation of the proposed additional exit lane at the US-17/Market Street
Interchange at an estimated cost of$400,000 to be funded by the State of North Carolina.
ADOPTED this the 4th day of November, 2019.
NEW HA► •VER COUNTY
GO, N7Y,.v0
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0 4 athan Ba Jr., hairman
• ATTEST:
1, 01 -
K 4 berleigh G. Cro ell, Clerk to the Board
Exhibit
Book X'1— Page 31°
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING ORDINANCE
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED October 6, 1969 respectively and subsequently amended
CASE:TA19-03
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as
amended be, and the same is hereby further amended to read as follows in the section(s) noted:
The following language indicated in red shall be added to the Zoning Ordinance:
ARTICLE II:DEFINITIONS
Section 23: Definitions
Diameter at Breast Height(DBH)—The diameter or width of the main stem of a tree as measured
4.5 feet above the natural grade at its base. Whenever a branch, limb, defect, or abnormal
swelling of the trunk occurs at this height,the diameter at breast height(DBH)shall be measured
at the nearest point above or below 4.5 feet at which a normal diameter occurs.
Specimen Tree—Any Live Oak tree that is 36"diameter at breast height (DBH)or larger.
ARTICLE VI:SUPPLEMENTARY DISTRICT REGULATIONS
Section 62.1-9:Tree Removal
(7/01)
(1) Permits Required — No person, directly or indirectly, shall remove any regulated or
specimen tree from public or private property without first obtaining a tree removal
permit from the County Zoning Administrator. A tree removal permit is required
before any clearing,grading or other authorizations may be issued including soil and
sedimentation control permits and building permits. An approved tree removal
permit for new construction shall apply to the entire site.A tree removal permit may
be either attached to the submitted site plan or the site plan may be clearly marked
for either approval or denial.
(2) Procedure —Application for tree removal permits shall be submitted to the County
Zoning Administrator on forms prepared by the County. The Zoning Administrator
shall review all complete applications for tree removal permits and act to grant or
deny the permit in accordance with this section within 5 working days of submittal.
In applying the provisions of this article,the applicant shall follow normal landscaping
practices and may seek technical assistance from landscaping or horticulture
professionals, as appropriate.
(A) The removal of any specimen tree is prohibited on any parcel unless exempt
according to this Article.
TA19-03 Order Page 1
(B) Landowners may request a variance from the Zoning Board of Adjustment
related to the removal of specimen trees when site specific conditions meet
the criteria for a variance according to Article XII.
(3) Waivers, Exemptions and Exceptions
(A) The County Zoning Administrator may waive this section during an
emergency such as a hurricane,tornado, windstorm,tropical storm,flood or
other natural disaster.
(B) If any regulated tree, including specimen trees, shall be determined to be in
a hazardous condition so as to (1) immediately endanger the public health,
safety,or welfare,or(2)cause an immediate disruption of public services,the
Zoning Administrator may authorize the removal of the tree without a written
permit. Following removal, the Zoning Administrator may determine that
replacement with additional trees is necessary. In making such determination
the Zoning Administrator shall utilize such professional criteria and technical
assistance as may be necessary.
(C) The Zoning Administrator may permit or require a reduction in required
street yards, landscape islands, foundation plantings, setbacks, or other
dimensional, parking, or landscaping standards for the purpose of retaining
significant or specimen trees.
(4) Criteria for Permits—Tree removal permits shall be issued upon a determination by
the County Zoning Administrator that the application complies with all applicable
standards of this section and that any of the following conditions exist:
(A) That essential site improvements cannot be accommodated on the site
without the removal of regulated trees;
(B) The regulated tree is dead, severely diseased, injured, or in danger of falling
close to existing or proposed structures; For those regulated trees which
meet or exceed the definitions of"SIGNIFICANT"Tree,their removal must be
mitigated as directed in Section 62.1-3. If the tree is determined to have died
or is significantly damaged as a result of natural disaster then no mitigation
will be required unless the tree is needed to meet the minimum number
required on the site;
(C) The regulated tree is causing disruption of existing utility service or causing
passage problems up the right-of-way;
(D) The regulated tree is posing an identifiable threat to pedestrian or vehicular
safety;
(E) The regulated tree violates state and local safety standards;
(F) Removal of the regulated tree is necessary to enhance or benefit the health
or condition of adjacent trees or property
(G) The removal of any SIGNIFICANT Tree as defined by this Ordinance must be
mitigated according with the following standards:
1. The total caliper inches of all significant trees proposed for removal shall
be totaled and doubled.The resultant number of caliper inches must be
planted back on the site with 2-3"caliper trees as a minimum.
2. If in the determination of the Zoning Administrator, the site cannot
accommodate the required number of trees, then only the amount of
trees which can be accommodated on the site will be replaced and the
TA19-03 Order Page 2
remainder of caliper inches shall be mitigated through a payment in lieu
of providing on-site trees. This payment shall be made into the County
Tree Improvement Fund to be used for planting of public spaces in the
general vicinity of the project. The amount of the payment shall be in
accordance with the pricing standards in the
County Fee Schedule.
3. Any mitigation trees required as a result of the removal of significant
trees shall not be counted to meet the requirements of the bufferyard,
buffers or interior parking requirements. These trees must be provided
in addition to any tree required by this section.
(5) Failure to obtain a tree removal permit prior to any timber harvest may result in a
three or five-year delay in obtaining a building permit or approval of any development
or subdivision plan. (2/06/06)
(6) Specimen Tree Removal Penalty—If a specimen tree is removed without a permit,the
penalty for this violation shall be twice the mitigation fee.
Section 2. Any Ordinance or any part of any ordinance in conflict with this ordinance,to the extent
of such conflict, is hereby repealed.
Section 3. This ordinance is adopted in the interest of the public health,safety,morals and general
welfare of the inhabitants of the County of New Hanover, North Carolina and subject to the
conditions also approved as part this action, shall be in full force and effect from and after its
adoption.
Section 4. The County Commissioners find, in accordance with the provisions of NCGS 153A-341,
that this zoning ordinance amendment is:
Consistent with the purposes and intent of the Comprehensive Plan because the
proposal will provide flexibility in site design to accommodate business success while
protecting large Live Oak trees that are important to the character of the area. The
County Commissioners also find approval of the amendment to be reasonable and
in the public interest because it will encourage conservation and enhance the unique
environment, character,and history of the County.
Adopted the 4th day of November, 2019.
e & .I
J�,cr•NO R
` y Jo athan/
ld, r.,Chairman
m
Attest:
O
fS7ABUSt��
Crowell, Clerk to the Board
TA19-03 Order Page 3
Exhibit
Book XLPage 4Sek
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE FLOOD DAMAGE PREVENTION ORDINANCE
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED April 3, 1978 respectively and subsequently amended
CASE:TA19-02
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Flood Damage Prevention Ordinance of the County of New Hanover adopted April
3, 1978, as amended be, and the same is hereby further amended to read as follows in the
section(s) noted:
The following language indicated in red shall be added to the Flood Damage Prevention
Ordinance:
ARTICLE 3. GENERAL PROVISIONS.
SECTION B. BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS.
The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS)
agreement between the State of North Carolina and FEMA in its FIS dated August 28, 2018
December 6, 2019 for New Hanover County and associated DFIRM panels, including any digital
data developed as part of the FIS, which are adopted by reference and declared a part of this
ordinance. Future revisions to the FIS and DFIRM panels that do not change flood hazard data
within the jurisdictional authority of New Hanover County are also adopted by reference and
declared a part of this ordinance. Subsequent Letter of Map Revisions(LOMRs) and/or Physical
Map Revisions(PMRs) shall be adopted within 3 months.
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION.
SECTION H.STANDARDS FOR COASTAL A ZONES(ZONE CAZ) LiMWA
No s+etefitial•Structures in CAZs shall be designed and constructed to meet V Zone
requirements, including requirements for breakaway walls. However,the NFIP regulations also
require flood openings in walls surrounding enclosures below elevated buildings in CAZs(see
Technical Bulletin 1, Openings in Foundation Walls and Walls of Enclosures). Breakaway walls
used in CAZs must have flood openings that allow for the automatic entry and exit of
floodwaters to minimize damage caused by hydrostatic loads. Openings also function during
smaller storms or if anticipated wave loading does not occur with the base flood.
(1) All new construction and substantial improvements shall be elevated so
that the bottom of the lowest horizontal structural member of the lowest floor
(excluding pilings or columns) is no lower than the regulatory flood protection elevation.
Floodproofing shall not be utilized on any structures in Coastal A Zones to satisfy the
regulatory flood protection elevation requirements.
TA19-02 Order Page 1
(2) All new non residential construction and substantial improvements shall have the space
below the lowest horizontal structural member free of obstruction so as not to impede
the flow of flood waters,with the following exceptions:
(a) Open wood, plastic or other latticework or insect screening may be permitted
below the lowest floor for aesthetic purposes only and must be designed to
wash away in the event of wave impact and in accordance with the provisions of
Article 5, Section B(4)(e)(i). Design plans shall be submitted in accordance with
the provisions of Article 4,Section B(1)(d)(iii)(2); or
(b) Breakaway walls may be permitted provided they meet the criteria set forth in
Article 5,Section B(4)(e)(ii). Design plans shall be submitted in accordance with
the provisions of Article 4,Section B(1)(d)(iii)(1).
(3) All new ;tial construction and substantial improvements shall include, in
Zones CAZ, flood openings to automatically equalize hydrostatic flood forces on walls by
allowing for the entry and exit of floodwaters. To meet this requirement,the openings
must either be certified by a professional engineer or architect or meet or exceed the
design criteria in Article 5,Section B(4)(d).
(4) Concrete pads, including patios, decks, parking pads,walkways, driveways, etc. must
meet the provisions of Article 5,Section G(5).
(5) All new construction and substantial improvements shall meet the
provisions of Article 5,Section G(3)
(6) A registered professional engineer or architect shall certify that the design,
specifications and plans for construction are in compliance with the provisions of Article
4,Section B and Article 5,Section G(3) and (4), on the current version of the North
Carolina V-Zone Certification form or a locally developed V-Zone Certification form.
(7) Recreational vehicles may be permitted in Coastal A Zones provided that they meet the
Recreational Vehicle criteria of Article 5,Section B(6)(a).
(8) Fill/Grading must meet the provisions of Article 5, Section G(11)
(9) Decks and patios must meet the provisions of Article 5 Section G(15)and (16).
(10) In coastal high hazard areas, development activities other than buildings and structures
must meet the provisions of Article 5, Section G(17).
TA19-02 Order Page 2
•
Section 2. Any Ordinance or any part of any ordinance in conflict with this ordinance,to the extent
of such conflict, is hereby repealed.
Section 3. This ordinance is adopted in the interest of the public health,safety,morals and general
welfare of the inhabitants of the County of New Hanover, North Carolina and subject to the
conditions also approved as part this action, shall be in full force and effect from and after its
adoption.
Section 4. The County Commissioners find, in accordance with the provisions of NCGS 153A-341,
that this ordinance amendment is:
CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it
promotes environmentally responsible growth by identifying those areas most at risk for
flooding impacts in the unincorporated county and provides for measures to mitigate
the effects of flooding on development in those areas consistent with minimum NFIP
requirements. In addition,the amendment will allow structures in the Coastal A Special
Flood Hazard areas to have the one to three story buildings recommended for single-
family and multi-family residences across place types. In addition, it is reasonable and in
the public interest because the proposal incorporates and codifies the most up to date
Flood Insurance Rate Maps and Ordinance provisions, providing mitigation measures for
those areas determined to be most at risk for flooding impacts in the unincorporated
County. Additionally, adoption of the request ensures continued eligibility in the NFIP
and provides consistency in the application of ordinance provisions for structures in
Special Flood Hazard Areas.
Adopted the 4th day of November, 2019.
!
. ;than Ba''�•��, Chairman
G0,0siY.NO
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Attest:
1114 It
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m Crowell, Clerk to the Board
TA19-02 Order Page 3
Exhibit
Book_ Page 312S10
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING ORDINANCE
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED October 6, 1969 respectively and subsequently amended
CASE:TA19-02
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as
amended be,and the same is hereby further amended to read as follows in the section(s) noted:
The following language indicated in red shall be added to the Zoning Ordinance:
Zoning Ordinance
51.3-2: Dimensional Requirements:
(1) Minimum lot area: 30,000 sq.ft.
(2) Minimum lot width: 115 feet
(3) Minimum side yard: 20 feet
(4) Minimum front yard: 40 feet
(5) Minimum rear yard: 30 feet
(6) Maximum height: 35 feet
The maximum allowable height for piling supported structures which are located in "Coastal
High Hazard Areas,V-Zones" or Coastal A Zones as defined by A4 74 of the New Hanover
County Code Flood Damage Prevention Ordinance shall be 44 feet.
51.4-2: Dimensional Requirements:
(1) Minimum Lot area 20,000 Square Feet
(2) Minimum Lot width 90 feet
(3) Minimum Front Yard 30 feet
(4) Minimum Side Yard 15 feet
(5) Minimum Rear Yard 25 feet
(6) Maximum Height 35 feet
The maximum allowable height for piling supported primary structures which are located in
"Coastal High Hazard Areas, V-Zones", Coastal A Zones, and/or Ocean Hazard Areas as defined
by the Coastal Resources Commission shall be 44 feet. (10/5/92)
TA19-02 Order Page 1
51.5-2: Conventional Residential Regulations
Dimensional Requirements:
(1) Minimum lot area 20,000 sq.ft. Duplex 35,000 sq.ft.
(2) Minimum lot width 90 feet
(3) Minimum front yard 30 feet
(4) Minimum side yard 15 feet
(5) Minimum rear yard 25 feet
(6) Maximum Height 35 feet
The maximum allowable height for piling supported primary structures which are located in
"Coastal High Hazard Areas, V-Zones", Coastal A Zones, and/or Ocean Hazard Areas as defined
by the Coastal Resources Commission shall be 44 feet. (10/5/92)
51.6-2: Conventional Residential Regulations
Dimensional Requirements:
(1) Minimum lot area 15,000 sq.ft. Duplex 25,000 sq.ft.
(2) Minimum lot width 80 feet
(3) Minimum front yard 25 feet
(4) Minimum side yard 10 feet
(5) Minimum rear yard 20 feet
(6) Maximum height 35 feet
The maximum allowable height for piling supported primary structures which are located in
"Coastal High Hazard Areas,V-zones", Coastal A Zones, and/or Ocean Hazard Areas as defined
by the Coastal Resources Commission shall be 44 feet. (10/5/92)
51.7-2: Conventional Residential Regulations
Dimensional Requirements:
(1) Minimum lot area: 10,000 square feet(2/16/87)
Duplexes: 15,000 sq. ft. (1/5/81)
(2) Minimum lot width 70 feet
(3) Minimum front yard 25 feet
(4) Minimum side yard 5 feet
(5) Minimum rear yard 20 feet
(6) Maximum height 35 feet
The maximum allowable height for piling supported primary structures which are located in
"Coastal High Hazard Areas,V-Zones", Coastal A Zones,and/or Ocean Hazard Areas as defined
by the Coastal Resources Commission shall be 44 feet. (10/5/92)
TA19-02 Order Page 2
51.8-5: All Medium Density Developments shall comply with the following requirements:
(6) Maximum allowable height for structures shall be 35 feet. However, the maximum
allowable height for piling supported primary structures which are located in "Coastal
High Hazard Areas, V-Zones", Coastal A Zones, and/or Ocean Hazard Areas as defined by
the Coastal Resources Commission shall be 44 feet.
Section 2. Any Ordinance or any part of any ordinance in conflict with this ordinance,to the extent
of such conflict, is hereby repealed.
Section 3. This ordinance is adopted in the interest of the public health,safety,morals and general
welfare of the inhabitants of the County of New Hanover, North Carolina and subject to the
conditions also approved as part this action, shall be in full force and effect from and after its
adoption.
Section 4. The County Commissioners find, in accordance with the provisions of NCGS 153A-341,
that this zoning ordinance amendment is:
CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it
promotes environmentally responsible growth by identifying those areas most at risk for
flooding impacts in the unincorporated county and provides for measures to mitigate
the effects of flooding on development in those areas consistent with minimum NFIP
requirements. In addition,the amendment will allow structures in the Coastal A Special
Flood Hazard areas to have the one to three story buildings recommended for single-
family and multi-family residences across place types. In addition, it is reasonable and in
the public interest because the proposal incorporates and codifies the most up to date
Flood Insurance Rate Maps and Ordinance provisions, providing mitigation measures for
those areas determined to be most at risk for flooding impacts in the unincorporated
County. Additionally, adoption of the request ensures continued eligibility in the NFIP
and provides consistency in the application of ordinance provisions for structures in
Special Flood Hazard Areas.
Adopted the 4th day of November, 2019.
/f'19/1.
IeV"'eNQ Jonath- a 'Id,Jr., Chairman
O ' ^ A
Attest:
'EsTABLIS'
m Crowell, Clerk to the Board
TA19-02 Order Page 3
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Bxhiook it N L Page cac
New Hanover County
Flood Damage
Prevention Ordinance
IC NTY .
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AB LiSHEo
Adopted by the
New Hanover County
Board of County Commissioners
November 4, 2019
1
TABLE OF CONTENTS
ARTICLE 1. STATUTORY AUTHORIZATION,FINDINGS OF FACT,PURPOSE AND OBJECTIVES 3
SECTION A. STATUTORY AUTHORIZATION 3
SECTION B. FINDINGS OF FACT 3
SECTION C. STATEMENT OF PURPOSE .3
SECTION D. OBJECTIVES .3
ARTICLE 2. DEFINITIONS 4
ARTICLE 3. GENERAL PROVISIONS 10
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES 10
SECTION B. BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS AND FUTURE
CONDITIONS FLOOD HAZARD AREAS.. 10
SECTION C. ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT10
SECTION D. COMPLIANCE 10
SECTION E. ABROGATION AND GREATER RESTRICTIONS 11
SECTION F. INTERPRETATION 11
SECTION G. WARNING AND DISCLAIMER OF LIABILITY 11
SECTION H. PENALTIES FOR VIOLATION 11
ARTICLE 4. ADMINISTRATION 11
SECTION A. DESIGNATION OF FLOODPLAIN ADMINISTRATOR .11
SECTION B. FLOODPLAIN DEVELOPMENT APPLICATION,PERMIT& CERTIFICATIONREQUIREMENTS11
(1) Application Requirements 11
(2) Permit Requirements 13
(3) Certification Requirements 13
(4) Determinations for Existing Buildings and Structures... 15
SECTION C. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR 15
SECTION D. CORRECTIVE PROCEDURES ..17
SECTION E. VARIANCE PROCEDURES .18
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION 19
SECTION A. GENERAL STANDARDS 19
SECTION B. SPECIFIC STANDARDS 21
(1) Residential Construction 21
(2) Non-Residential Construction 21
(3) Manufactured Homes 21
(4) Elevated Buildings 21
(5) Additions/Improvements 23
(6) Recreational Vehicles 24
(7) Temporary Non-Residential Structures 24
(8) Accessory Structures .24
(9) Tanks 25
(10) Other Development 25
SECTIONC. RESERVED 26
SECTION D. STANDARDS FOR FLOODPLAINS WITHOUTH ESTABLISHED BASE FLOOD ELEVATIONS 26
SECTION E. STANDARDS FOR RIVERINE FLOODPLAINS WITH BFE BUT WITHOUT ESTABLISHED
FLOODPLAINS OR NON-ENCROACHMENT AREAS 26
SECTION F. FLOOD WAYS AND NON-ENCROACHMENT AREAS.. 26
SECTION G. COASTAL HIGH HAZARD AREAS(ZONES VE) 27
SECTION H. STANDARDS FOR COASTAL A ZONES(ZONE CAZ)................. 30
SECTION I. STANDARDS FOR AREAS OF SHALLOW FLOODING(ZONE AO) 31
ARTICLE 6. LEGAL STATUS PROVISIONS 32
SECTION A. EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FDPO 32
SECTION B. EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PERMITS 32
SECTION C. SEVERABILITY 32
SECTION D. EFFECTIVE DATE . . . 32
SECTION E. ADOPTION CERTIFICATION 32
2
FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE 1. STATUTORY AUTHORIZATION,FINDINGS OF FACT,PURPOSE AND OBJECTIVES.
SECTION A. STATUTORY AUTHORIZATION.
The Legislature of the State of North Carolina has in Part 6,Article 21 of Chapter 143;Parts 3 and 4 of Article 18 of Chapter
153A; and Part 121,Article 6 of Chapter 153A of the North Carolina General Statutes, delegated to local governmental units
the responsibility to adopt regulations designed to promote the public health,safety,and general welfare.
Therefore,the Board of Commissioners of New Hanover County,North Carolina,does ordain as follows:
SECTION B. FINDINGS OF FACT.
(1) The flood prone areas within the jurisdiction of New Hanover County are subject to periodic inundation which results
in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary
public expenditures of flood protection and relief,and impairment of the tax base,all of which adversely affect the public
health,safety,and general welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights
and velocities and by the occupancy in flood prone areas of uses vulnerable to floods or other hazards.
SECTION C. STATEMENT OF PURPOSE.
It is the purpose of this ordinance to promote public health, safety, and general welfare and to minimize public and private
losses due to flood conditions within flood prone areas by provisions designed to:
(1) Restrict or prohibit uses that are dangerous to health,safety, and property due to water or erosion hazards or that result
in damaging increases in erosion,flood heights or velocities;
(2) Require that uses vulnerable to floods,including facilities that serve such uses,be protected against flood damage at the
time of initial construction;
(3) Control the alteration of natural floodplains,stream channels,and natural protective barriers,which are involved in the
accommodation of floodwaters;
(4) Control filling,grading,dredging,and all other development that may increase erosion or flood damage;and
(5) Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or which may increase
flood hazards to other lands.
SECTION D. OBJECTIVES.
The objectives of this ordinance are to:
(1) Protect human life,safety,and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the
general public;
(4) Minimize prolonged business losses and interruptions;
(5) Minimize damage to public facilities and utilities (i.e. water and gas mains, electric, telephone, cable and sewer lines,
3
streets,and bridges)that are located in flood prone areas;
(6) Minimize damage to private and public property due to flooding;
(7) Make flood insurance available to the community through the National Flood Insurance Program;
(8) Maintain the natural and beneficial functions of floodplains;
(9) Help maintain a stable tax base by providing for the sound use and development of flood prone areas;and
(10) Ensure that potential buyers are aware that property is in a Special Flood Hazard Area.
ARTICLE 2. DEFINITIONS.
Unless specifically defined below,words or phrases used in this ordinance shall be interpreted so as to give them the meaning
they have in common usage and to give this ordinance it's most reasonable application.
"Accessory Structure (Appurtenant Structure)" means a structure located on the same parcel of property as the principal
structure and the use of which is incidental to the use of the principal structure. Garages,carports and storage sheds are common
urban accessory structures. Pole barns,hay sheds and the like qualify as accessory structures on farms,and may or may not be
located on the same parcel as the farm dwelling or shop building.
"Addition(to an existing building)"means an extension or increase in the floor area or height of a building or structure.
"Alteration of a watercourse" means a dam, impoundment, channel relocation, change in channel alignment,channelization,
or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter,
impede,retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.
"Appeal"means a request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance.
"Area of Shallow Flooding"means a designated Zone AO or AH on a community's Flood Insurance Rate Map (FIRM) with
base flood depths determined to be from one(1)to three(3)feet. These areas are located where a clearly defined channel does
not exist,where the path of flooding is unpredictable and indeterminate,and where velocity flow may be evident.
"Area of Special Flood Hazard"see"Special Flood Hazard Area(SFHA)".
"Base Flood"means the flood having a one(1)percent chance of being equaled or exceeded in any given year.
"Base Flood Elevation(BFE)"means a determination of the water surface elevations of the base flood as published in the Flood
Insurance Study.When the BFE has not been provided in a"Special Flood Hazard Area",it may be obtained from engineering
studies available from a Federal, State, or other source using FEMA approved engineering methodologies. This elevation,
when combined with the"Freeboard",establishes the"Regulatory Flood Protection Elevation".
"Basement"means any area of the building having its floor subgrade(below ground level)on all sides.
"Board of Adjustment"means the New Hanover County Board of Adjustment charged with the responsibility of hearing and
deciding appeals and requests for variance from the requirements of this Ordinance.
"Breakaway Wall"means a wall that is not part of the structural support of the building and is intended through its design and
construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building of
the supporting foundation system.
"Building"see"Structure".
"Chemical Storage Facility"means a building,portion of a building,or exterior area adjacent to a building used for the storage
of any chemical or chemically reactive products.
"Coastal Area Management Act (CAMA)" means North Carolina's Coastal Area Management Act, this act, along with the
4
Dredge and Fill Law and the Federal Coastal Zone Management Act, is managed through North Carolina Department of
Environmental Quality(NCDEQ's)Division of Coastal Management(DCM).
"Coastal A Zone(CAZ)"means an area within a special flood hazard area,landward of a V zone or landward of an open coast
without mapped V zones; in a Coastal A Zone, the principal source of flooding must be astronomical tides, storm surges,
seiches, or tsunamis, not riverine flooding. During the base flood conditions, the potential for wave heights shall be greater
than or equal to 1.5 feet. Coastal A Zones are not normally designated on FIRMs. (see Limit of Moderate Wave Action
(LiMWA))
"Coastal Barrier Resources System(CBRS)" consists of undeveloped portions of coastal and adjoining areas established by
the Coastal Barrier Resources Act(CoBRA)of 1982,the Coastal Barrier Improvement Act(CBIA)of 1990,and subsequent
revisions, and includes areas owned by Federal or State governments or private conservation organizations identified as
Otherwise Protected Areas(OPA).
"Coastal High Hazard Area" means a Special Flood Hazard Area extending from offshore to the inland limit of a primary
frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The
area is designated on a FIRM,or other adopted flood map as determined in Article 3,Section B of this ordinance,as Zone VE.
"County"means New Hanover County,North Carolina,a political subdivision of the State of North Carolina.
"Design Flood": See"Regulatory Flood Protection Elevation."
"Development"means any man-made change to improved or unimproved real estate,including,but not limited to,buildings
or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or
materials.
"Development Activity"means any activity defined as Development which will necessitate a Floodplain Development Permit.
This includes buildings,structures,and non-structural items,including(but not limited to)fill,bulkheads,piers,pools,docks,
landings,ramps,and erosion control/stabilization measures.
"Digital Flood Insurance Rate Map(DFIRM)"means the digital official map of a community,issued by the Federal Emergency
Management Agency(FEMA), on which both the Special Flood Hazard Areas and the risk premium zones applicable to the
community are delineated.
"Disposal"means,as defined in NCGS 130A-290(a)(6),the discharge,deposit,injection,dumping,spilling,leaking,or placing
of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the
environment or be emitted into the air or discharged into any waters,including groundwaters.
"Elevated Building" means a non-basement building which has its lowest elevated floor raised above ground level by
foundation walls,shear walls,posts,piers,pilings,or columns.
"Encroachment"means the advance or infringement of uses,fill,excavation,buildings,structures or development into a special
flood hazard area,which may impede or alter the flow capacity of a floodplain.
"Existing building and existing structure"means any building and/or structure for which the"start of construction"commenced
before April 3, 1978.
"Existing Manufactured Home Park or Manufactured Home Subdivision"means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including, at a
minimum,the installation of utilities,the construction of streets,and either final site grading or the pouring of concrete pads)
is completed before the initial effective date of the floodplain management regulations adopted by the community.
"Expansion to an existing manufactured home park or manufactured home subdivision" means the preparation of additional
sites by the construction of facilities for serving the lot on which the manufactured homes are to be affixed (including the
installation of utilities,either fmal site grading or pouring of concrete pads,or the construction of streets).
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"Flood"or"Flooding"means a general and temporary condition of partial or complete inundation of normally dry land areas
from:
(a) The overflow of inland or tidal waters;and/or
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
"Flood Boundary and Floodway Map (FBFM)" means an official map of a community, issued by the FEMA, on which the
Special Flood Hazard Areas and the floodways are delineated. This official map is a supplement to and shall be used in
conjunction with the Flood Insurance Rate Map(FIRM).
"Flood Hazard Boundary Map(FHBM)"means an official map of a community, issued by the FEMA,where the boundaries
of the Special Flood Hazard Areas have been defined as Zone A.
"Flood Insurance"means the insurance coverage provided under the National Flood Insurance Program.
"Flood Insurance Rate Map(FIRM)"means an official map of a community, issued by the FEMA,on which both the Special
Flood Hazard Areas and the risk premium zones applicable to the community are delineated. (see also DFIRM)
"Flood Insurance Study(FIS)" means an examination, evaluation, and determination of flood hazards, corresponding water
surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the FEMA. The
Flood Insurance Study report includes Flood Insurance Rate Maps (FiRMs) and Flood Boundary and Floodway Maps
(FBFMs),if published.
"Flood Prone Area"see"Floodplain"
"Flood Zone"means a geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects
the severity or type of flooding in the area.
"Floodplain"means any land area susceptible to being inundated by water from any source.
"Floodplain Administrator"is the individual appointed to administer and enforce the floodplain management regulations.
"Floodplain Development Permit" means any type of permit that is required in conformance with the provisions of this
ordinance,prior to the commencement of any development activity.
"Floodplain Management"means the operation of an overall program of corrective and preventive measures for reducing flood
damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to,
emergency preparedness plans,flood control works,floodplain management regulations,and open space plans.
"Floodplain Management Regulations" means this ordinance and other zoning ordinances, subdivision regulations, building
codes,health regulations,special purpose ordinances,and other applications of police power. This term describes federal,state
or local regulations,in any combination thereof,which provide standards for preventing and reducing flood loss and damage.
"Floodproofing"means any combination of structural and nonstructural additions,changes,or adjustments to structures which
reduce or eliminate flood damage to real estate or improved real property,water and sanitation facilities, structures,and their
contents.
"Flood-resistant material" means any building product [material, component or system] capable of withstanding direct and
prolonged contact(minimum 72 hours)with floodwaters without sustaining damage that requires more than low-cost cosmetic
repair. Any material that is water-soluble or is not resistant to alkali or acid in water,including normal adhesives for above-
grade use,is not flood-resistant. Pressure-treated lumber or naturally decay-resistant lumbers are acceptable flooring materials.
Sheet-type flooring coverings that restrict evaporation from below and materials that are impervious, but dimensionally
unstable are not acceptable. Materials that absorb or retain water excessively after submergence are not flood-resistant. Please
refer to Technical Bulletin 2,Flood Damage-Resistant Materials Requirements,and available from the FEMA. Class 4 and 5
materials,referenced therein,are acceptable flood-resistant materials.
"Floodway"means the channel of a river or other watercourse,including the area above a bridge or culvert when applicable,
and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one(1)foot.
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"Floodway encroachment analysis"means an engineering analysis of the impact that a proposed encroachment into a floodway
or non-encroachment area is expected to have on the floodway boundaries and flood levels during the occurrence of the base
flood discharge. The evaluation shall be prepared by a qualified North Carolina licensed engineer using standard engineering
methods and models.
"Freeboard"means the height added to the BFE to account for the many unknown factors that could contribute to flood heights
greater than the height calculated for a selected size flood and floodway conditions,such as wave action,blockage of bridge or
culvert openings, and the hydrological effect of urbanization of the watershed. The BFE plus the freeboard establishes the
"Regulatory Flood Protection Elevation".
"Functionally Dependent Facility"means a facility which cannot be used for its intended purpose unless it is located in close
proximity to water, limited to a docking or port facility necessary for the loading and unloading of cargo or passengers,
shipbuilding,or ship repair. The term does not include long-term storage,manufacture,sales,or service facilities.
"Hazardous Waste Management Facility" means, as defined in NCGS 130A, Article 9, a facility for the collection, storage,
processing,treatment,recycling,recovery,or disposal of hazardous waste.
"Highest Adjacent Grade(HAG)"means the highest natural elevation of the ground surface,prior to construction,immediately
next to the proposed walls of the structure.
"Historic Structure"means any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the US Department of
Interior)or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing
on the National Register;
(b) Certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of
a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered
historic district;
(c) Individually listed on a local inventory of historic landmarks in communities with a"Certified Local Government
(CLG)Program";or
(d) Certified as contributing to the historical significance of a historic district designated by a community with a
"Certified Local Government(CLG)Program."
Certified Local Government(CLG)Programs are approved by the US Department of the Interior in cooperation with the
North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the
requirements of the National Historic Preservation Act of 1966 as amended in 1980.
"Letter of Map Change(LOMC)"means an official determination issued by FEMA that amends or revises an effective Flood
Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:
(a) Letter of Map Amendment(LOMA): An official amendment,by letter,to an effective National Flood Insurance
Program map. A LOMA is based on technical data showing that a property had been inadvertently mapped as
being in the floodplain,but is actually on natural high ground above the base flood elevation.A LOMA amends
the current effective Flood Insurance Rate Map and establishes that a specific property,portion of a property,or
structure is not located in a special flood hazard area.
(b) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones,
flood elevations,special flood hazard area boundaries and floodway delineations,and other planimetric features.
(c) Letter of Map Revision Based on Fill(LOMR-F): A determination that a structure or parcel of land has been
elevated by fill above the BFE and is,therefore,no longer located within the special flood hazard area. In order
to qualify for this determination,the fill must have been permitted and placed in accordance with the community's
floodplain management regulations.
(d) Conditional Letter of Map Revision(CLOMR): A formal review and comment as to whether a proposed project
complies with the minimum NFIP requirements for such projects with respect to delineation of special flood
hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study;upon
submission and approval of certified as-built documentation,a Letter of Map Revision may be issued by FEMA
to revise the effective FIRM.
"Light Duty Truck" means any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a
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vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less as defined in
40 CFR 86.082-2 and is:
(a) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle,or
(b) Designed primarily for transportation of persons and has a capacity of more than 12 persons;or
(c) Available with special features enabling off-street or off-highway operation and use.
"Limit of Moderate Wave Action(LiMWA)" means the boundary line given by FEMA on coastal map studies marking the
extents of Coastal A Zones(CAZ).
"Lowest Adjacent Grade (LAG)" means the lowest elevation of the ground, sidewalk or patio slab immediately next to the
building,or deck support,after completion of the building.
"Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant
enclosure,usable solely for parking of vehicles,building access,or limited storage in an area other than a basement area is not
considered a building's lowest floor,provided that such an enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of this ordinance.
"Manufactured Home" means a structure, transportable in one or more sections, which is built on a permanent chassis and
designed to be used with or without a permanent foundation when connected to the required utilities. The term"manufactured
home"does not include a"recreational vehicle".
"Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
"Market Value" means the building value, not including the land value and that of any accessory structures or other
improvements on the lot. Market value may be established by independent certified appraisal;replacement cost depreciated
for age of building and quality of construction(Actual Cash Value);or adjusted tax assessed values.
"New Construction"means structures for which the "start of construction" commenced on or after the effective date of the
initial floodplain management regulations and includes any subsequent improvements to such structures.
"Non-Encroachment Area (NEA)" means the channel of a river or other watercourse, including the area above a bridge or
culvert when applicable, and the adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one(1)foot as designated in the Flood Insurance Study report.
"Otherwise Protected Area(OPA)"see"Coastal Barrier Resources System(CBRS)".
"Post-FIRM"means construction or other development for which the"start of construction"occurred on or after July 17, 1978,
the effective date of the initial Flood Insurance Rate Map.
"Pre-FIRM"means construction or other development for which the"start of construction"occurred before July 17, 1978,the
effective date of the initial Flood Insurance Rate Map.
"Primary Frontal Dune(PFD)"means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward
and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides
and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct
change from a relatively steep slope to a relatively mild slope.
"Principally Above Ground"means that at least 51%of the actual cash value of the structure is above ground.
"Public Safety" and/or "Nuisance" means anything which is injurious to the safety or health of an entire community or
neighborhood,or any considerable number of persons,or unlawfully obstructs the free passage or use,in the customary manner,
of any navigable lake,or river,bay,stream,canal,or basin.
"Recreational Vehicle(RV)"means a vehicle,which is:
8
(a) Built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck;
(d) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational,
camping,travel,or seasonal use,and
(e) Is fully licensed and ready for highway use.
"Reference Level"is the top of the lowest floor for structures within Special Flood Hazard Areas designated as Zones A,AE,
AH,AO,A99.The reference level is the bottom of the lowest horizontal structural member of the lowest floor for structures
within Special Flood Hazard Areas designated as Zone VE.
"Regulatory Flood Protection Elevation"means the"Base Flood Elevation"plus the"Freeboard". In"Special Flood Hazard
Areas"where Base Flood Elevations(BFEs)have been determined,this elevation shall be the BFE plus two(2)feet of
freeboard. In"Special Flood Hazard Areas"where no BFE has been established,this elevation shall be at least two(2)feet
above the highest adjacent grade.
"Remedy a Violation"means to bring the structure or other development into compliance with state and community floodplain
management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be
reduced include protecting the structure or other affected development from flood damages, implementing the enforcement
provisions of the ordinance or otherwise deterring future similar violations,or reducing federal financial exposure with regard
to the structure or other development.
"Riverine"means relating to,formed by,or resembling a river(including tributaries),stream,brook,etc.
"Salvage Yard"means any non-residential property used for the storage,collection,and/or recycling of any type of equipment,
and including but not limited to vehicles,appliances and related machinery.
"Sand Dunes"means naturally occurring accumulations of sand in ridges or mounds landward of the beach.
"Shear Wall"means walls used for structural support but not structurally joined or enclosed at the end(except by breakaway
walls). Shear walls are parallel or nearly parallel to the flow of the water.
Solid Waste Disposal Facility"means any facility involved in the disposal of solid waste, as defined in NCGS 130A-290(a)
(35).
"Solid Waste Disposal Site"means,as defined in NCGS 130A-290(a)(36),any place at which solid wastes are disposed of by
incineration,sanitary landfill,or any other method.
"Special Flood Hazard Area(SFHA"means the land in the floodplain subject to a one percent(1%)or greater chance of being
flooded in any given year,as determined in Article 3,Section B of this ordinance.
"Start of Construction" includes substantial improvement, and means the date the building permit was issued provided the
actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180
days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings,the installation of piles,the construction of columns,or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing,grading, and filling;nor does it include the installation of streets and/or walkways;nor does it
include excavation for a basement, footings,piers,or foundations or the erection of temporary forms;nor does it include the
installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the
main structure. For a substantial improvement,the actual start of construction means the first alteration of any wall,ceiling,
floor,or other structural part of the building,whether or not that alteration affects the external dimensions of the building.
"Structure"means a walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage tank that is
principally above ground.
"Substantial Damage"means damage of any origin sustained by a structure during any five-year period whereby the cost of
restoring the structure to it's before damaged condition would equal or exceed 50 percent of the market value of the structure
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before the damage occurred. See defmition of"substantial improvement."
"Substantial Improvement"means any combination of repairs,reconstruction,rehabilitation, addition, or other improvement
of a structure,taking place during any five-year period for which the cost equals or exceeds 50 percent of the market value of
the structure before the "start of construction" of the improvement. This term includes structures which have incurred
"substantial damage",regardless of the actual repair work performed. The term does not,however,include either:
(a) Any correction of existing violations of state or community health,sanitary,or safety code specifications which
have been identified by the community code enforcement official and which are the minimum necessary to assure
safe living conditions;or
(b) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued
designation as a historic structure and the alteration is approved by variance issued pursuant to Article 4 Section
E of this ordinance.
"Temperature Controlled"means having the temperature regulated by a heating and/or cooling system,built-in or appliance.
"Variance"is a grant of relief from the requirements of this ordinance.
"Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain
management regulations. A structure or other development without the elevation certificate, other certifications, or other
evidence of compliance required in Articles 4 and 5 is presumed to be in violation until such time as that documentation is
provided.
"Water Surface Elevation (WSE)" means the height, in relation to NAVD 1988, of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
"Watercourse"means a lake,river,creek,stream,wash,channel or other topographic feature on or over which waters flow at
least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
ARTICLE 3. GENERAL PROVISIONS.
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES.
This ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction of New Hanover County.
SECTION B. BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS.
The Special Flood Hazard Areas are those identified under the Cooperating Technical State(CTS)agreement between the State
of North Carolina and FEMA in its FIS dated December 6, 2019 for New Hanover County and associated DFIRM panels,
including any digital data developed as part of the FIS,which are adopted by reference and declared a part of this ordinance.
Future revisions to the FIS and DFIRM panels that do not change flood hazard data within the jurisdictional authority of New
Hanover County are also adopted by reference and declared a part of this ordinance. Subsequent Letter of Map Revisions
(LOMRs)and/or Physical Map Revisions(PMRs)shall be adopted within 3 months.
SECTION C. ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT.
A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance prior to the
commencement of any development activities within Special Flood Hazard Areas determined in accordance with the provisions
of Article 3,Section B of this ordinance.
SECTION D. COMPLIANCE.
No structure or land shall hereafter be located,extended,converted,altered,or developed in any way without full compliance
with the terms of this ordinance and other applicable regulations.
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SECTION E. ABROGATION AND GREATER RESTRICTIONS.
This ordinance is not intended to repeal,abrogate,or impair any existing easements,covenants,or deed restrictions. However,
where this ordinance and another conflict or overlap,whichever imposes the more stringent restrictions shall prevail.
SECTION F. INTERPRETATION.
In the interpretation and application of this ordinance,all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body;and
(c) Deemed neither to limit nor repeal any other powers granted under State statutes.
SECTION G. WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this ordinance 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 ordinance does not imply that land outside the Special Flood Hazard Areas or uses permitted
within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of New
Hanover County or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made hereunder.
SECTION H. PENALTIES FOR VIOLATION.
Violation of the provisions of this ordinance 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 NC G.S. § 143-215.58. Any person who violates this ordinance or fails to comply with any of its requirements
shall,upon conviction thereof,be fined not more than$100.00 or imprisoned for not more than thirty(30)days,or both. Each
day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent New Hanover
County from taking such other lawful action as is necessary to prevent or remedy any violation.
ARTICLE 4. ADMINISTRATION.
SECTION A. DESIGNATION OF FLOODPLAIN ADMINISTRATOR
The Planning Manager, hereinafter referred to as the "Floodplain Administrator", is hereby appointed to administer and
implement the provisions of this ordinance. In instances where the Floodplain Administrator receives assistance from others
to complete tasks to administer and implement this ordinance, 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
ordinance.
SECTION B. FLOODPLAIN DEVELOPMENT APPLICATION,PERMIT AND CERTIFICATION
REOUIREMENTS.
(1) 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) A plot plan drawn to scale which shall include,but shall not be limited to,the following specific details of the
proposed floodplain development:
(i) 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
11,
facilities,and other development;
(ii) The boundary of the Special Flood Hazard Area as delineated on the FIRM or other flood map as
determined in Article 3, Section B, or a statement that the entire lot is within the Special Flood Hazard
Area;
(iii) Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood
map as determined in Article 3,Section B;
(iv) The boundary of the floodway(s)or non-encroachment area(s)as determined in Article 3, Section B;
(v) The Base Flood Elevation(BFE)where provided as set forth in Article 3,Section B;Article 4,Section C;
or Article 5,Section D;
(vi) The old and new location of any watercourse that will be altered or relocated as a result of proposed
development;and
(vii) The boundary and designation date of the Coastal Barrier Resource System (CBRS) area or Otherwise
Protected Areas(OPA),if applicable;and
(viii) The certification of the plot plan by a registered land surveyor or professional engineer.
(b) Proposed elevation, and method thereof, of all development within a Special Flood Hazard Area including but
not limited to:
(i) Elevation in relation to NAVD 1988 of the proposed reference level(including basement)of all structures;
(ii) Elevation in relation to NAVD 1988 to which any non-residential structure in Zones A,AE,AH,AO,A99
will be floodproofed;and
(iii) Elevation in relation to NAVD 1988 to which any proposed utility systems will be elevated or
floodproofed.
(c) If floodproofmg,a Floodproofing 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 floodproofmg measures.
(d) A Foundation Plan, drawn to scale, which shall include details of the proposed foundation system to ensure all
provisions of this ordinance are met. These details include but are not limited to:
(i) 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
(ii) Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with
Article 5,Section B(4)(d)when solid foundation perimeter walls are used in Zones A,AE,AH,AO,
A99.
(iii) The following, in Coastal High Hazard Areas, in accordance with the provisions of Article 5, Section
B(4)(e)and Article 5,Section G and(Article 5,Section H if applicable):
(1) V-Zone Certification with accompanying plans and specifications verifying the engineered structure
and any breakaway wall designs;
(2) Plans for open wood,plastic,or other 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
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adjacent properties.
(e) Usage details of any enclosed areas below the lowest floor.
(f) 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.
(g) Certification that all other Local, State and Federal permits required prior to floodplain development permit
issuance have been received.
(h) Documentation for placement of Recreational Vehicles and/or Temporary Structures,when applicable,to ensure
that the provisions of Article 5, Section B,subsections(6)and(7)of this ordinance are met.
(i) 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.
(2) Permit Requirements. The Floodplain Development Permit shall include,but not be limited to:
(a) 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.).
(b) The Special Flood Hazard Area determination for the proposed development in accordance with available data
specified in Article 3,Section B.
(c) The Regulatory Flood Protection Elevation required for the reference level and all attendant utilities.
(d) The Regulatory Flood Protection Elevation required for the protection of all public utilities.
(e) All certification submittal requirements with timelines.
(f) 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 Article 5, Section F have been met.
(g) The flood openings requirements,if in Zones A,AE,AH,AO,A99.
(h) Limitations of below BFE enclosure uses(if applicable). (i.e.,parking,building access and limited storage
only).
(i) A statement, if in Zone VE,that there shall be no alteration of sand dunes which would increase potential flood
damage.
(j) A statement, if in Zone VE,that there shall be no fill used for structural support.
(k) A statement,that all materials below BFE/RFPE must be flood resistant materials.
(3) Certification Requirements.
(a) Elevation Certificates
(i) An Elevation Certificate(FEMA Form 086-0-33)is required after the reference level is established. Within
seven(7)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(7)day calendar period and prior to submission
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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.
(ii) 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 2
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 2 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 3" x 3".Digital photographs are acceptable.
(b) Floodproofing Certificate
(i) 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.
(ii) 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.
(c) 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 in accordance with the
provisions of Article 5,Section B(3)(b).
(d) 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.
(e) Certification Exemptions. The following structures, if located within Zones A, AE,AH, AO, A99, are exempt
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from the elevation/floodproofmg certification requirements specified in items(a)and(b)of this subsection:
(i) Recreational Vehicles meeting requirements of Article 5, Section B(6)(a);
(ii) Temporary Structures meeting requirements of Article 5,Section B(7);and
(iii) Accessory Structures that are 150 square feet or less or$3,000 or less and meeting requirements of Article
5,Section B(8).
(f) 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 ordinance 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 ordinance. This certification is not a
substitute for an Elevation Certificate.
(4) 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:
(a) 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;
(b) 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;
(c) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial
damage;and
(d) 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
ordinance is required.
SECTION C. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
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 ordinance have been satisfied.
(2) 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.
(3) 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).
(4) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying
capacity is maintained.
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(5) Prevent encroachments into floodways and non-encroachment areas unless the certification and flood hazard reduction
provisions of Article 5, Section F are met.
(6) Obtain actual elevation(in relation to NAVD 1988)of the reference level(including basement)and all attendant utilities
of all new and substantially improved structures,in accordance with the provisions of Article 4,Section B(3).
(7) 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 Article 4,Section B(3).
(8) Obtain actual elevation(in relation to NAVD 1988)of all public utilities in accordance with the provisions of Article 4,
Section B(3).
(9) When floodproofing is utilized for a particular structure,obtain certifications from a registered professional engineer or
architect in accordance with the provisions of Article 4,Section B(3)and Article 5,Section B(2).
(10) 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 article.
(11) When BFE data has not been provided in accordance with the provisions of Article 3, Section B, 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 Article 5,Section D(2)(c),in order to administer the provisions of
this ordinance.
(12) When BFE data is provided but no floodway or non-encroachment area data has been provided in accordance with the
provisions of Article 3, Section B,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 ordinance.
(13) 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.
(14) Permanently maintain all records that pertain to the administration of this ordinance and make these records available
for public inspection,recognizing that such information may be subject to the Privacy Act of 1974,as amended.
(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 ordinance, 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 or in charge of 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, and 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 the 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
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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 Article 4,Section D.
(20) Review,provide input,and make recommendations for variance requests.
(21) 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 and studies adopted in accordance with the provisions of Article 3,Section
B of this ordinance, including any revisions thereto including Letters of Map Change, issued by FEMA. Notify State
and FEMA of mapping needs.
(22) Coordinate revisions to FIS reports and FIRMs,including Letters of Map Revision Based on Fill(LOMR-Fs)and Letters
of Map Revision(LOMRs).
SECTION D. CORRECTIVE PROCEDURES.
(1) 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 such notification.
(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 the owner written notice,by certified or registered mail to the
owner's last known address or by personal service,stating:
(a) That the building or property is in violation of the floodplain management regulations;
(b) That a hearing will be held before the Floodplain Administrator at a designated place and time,not later than ten
(10)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) That following the hearing, the Floodplain Administrator may issue an order to alter, vacate, or demolish the
building;or to remove fill as applicable.
(3) Order to Take Corrective Action:If,upon a hearing held pursuant to the notice prescribed above,the Floodplain
Administrator shall fmd 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 sixty(60)calendar days,nor more than one-hundred eighty(180)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 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 administrator within thirty(30)days following the written notice. 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.
Any person aggrieved by the decision of the Board of Adjustment may appeal such decision to the superior court within
thirty(30)days of the signing of the order of the Board. Such appeal shall be in the nature of certiorari.
(5) 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 Class 1 misdemeanor pursuant to NC G.S. § 143-215.58 and shall be punished at the
discretion of the court.
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SECTION E. VARIANCE PROCEDURES.
(1) The Board of Adjustment as established by New Hanover County, hereinafter referred to as the "appeal board", shall
hear and decide requests for variances from the requirements of this ordinance.
(2) Any person aggrieved by the decision of the appeal board may appeal such decision to the Court,as provided in Chapter
7A of the North Carolina General Statutes.
(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 that 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 Article 2 of this ordinance,
provided provisions of Article 4,Section E(9)(b),(c),and(e)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
(c) Any other type of development provided it meets the requirements of this Section.
(4) In passing upon variances, the appeal board shall consider all technical evaluations, all relevant factors, all standards
specified in other sections of this ordinance,and:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the
individual owner;
(d) The importance of the services provided by the proposed facility to the community;
(e) The necessity to the facility of a waterfront location as defined under Article 2 of this ordinance as a functionally
dependent facility,where applicable;
(f) The availability of alternative locations,not subject to flooding or erosion damage,for the proposed use;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(i) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(j) 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
(k) 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.
(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 above and the purposes of this ordinance, the appeal board may attach such
conditions to the granting of variances as it deems necessary to further the purposes and objectives of this ordinance.
(7) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the 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. Such notification shall be maintained with a record of all variance actions,including justification for their
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issuance.
(8) The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the FEMA and
the State of North Carolina upon request.
(9) Conditions for Variances:
(a) Variances shall 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 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.
(c) Variances shall only be issued upon a determination that the variance is the minimum necessary,considering the
flood hazard,to afford relief.
(d) Variances shall only be issued prior to development permit approval.
(e) Variances shall only be issued upon:
(i) A showing of good and sufficient cause;
(ii) A determination that failure to grant the variance would result in exceptional hardship;and
(iii) 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.
(10) 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.
(a) The use serves a critical need in the community.
(b) No feasible location exists for the use outside the Special Flood Hazard Area.
(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) New Hanover County has notified the Secretary of the North Carolina Department of Public Safety of its intention
to grant a variance at least thirty(30)calendar days prior to granting the variance.
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION.
SECTION A. GENERAL STANDARDS.
In all Special Flood Hazard Areas,the following provisions are required:
(1) All new construction and substantial improvements shall be designed(or modified)and adequately anchored to prevent
flotation,collapse,and lateral movement of the structure.
(2) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant
to flood damage in accordance with the most current version of FEMA Technical Bulletin 2,Flood Damage-Resistant
Materials Requirements.
(3) All new construction and substantial improvements shall be constructed by methods and practices that minimize flood
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damages.
(4) All new electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment shall be
located at or above the RFPE or designed and installed to prevent water from entering or accumulating within the
components during the occurrence of the base flood. These include, but are not limited to, HVAC equipment, water
softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, water heaters, and
electric outlets/switches.
(a) Replacements part of a substantial improvement, electrical, heating, ventilation, plumbing, air conditioning
equipment,and other service equipment shall also meet the above provisions.
(b) Replacements that are for maintenance and not part of a substantial improvement,may be installed at the original
location provided the addition and/or improvements only comply with the standards for new construction
consistent with the code and requirements for the original structure.
(5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters
into the system.
(6) 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 flood waters.
(7) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from
them during flooding.
(8) Nothing in this ordinance shall prevent the repair,reconstruction, or replacement of a building or structure existing on
the effective date of this ordinance 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 such repair,reconstruction,or replacement meets all of the
other requirements of this ordinance.
(9) New solid waste disposal facilities and sites,hazardous waste management facilities,salvage yards,and chemical storage
facilities shall not be permitted, except by variance as specified in Article 4, Section E(10). 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 in accordance with the provisions of
Article 4, Section B(3).
(10) All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage.
(11) 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.
(12) All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure
to flood hazards.
(13) 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.
(14) 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.
(15) 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 BFE shall apply.
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SECTION B. SPECIFIC STANDARDS.
In all Special Flood Hazard Areas where BFE data has been provided,as set forth in Article 3,Section B,or Article 5,Section
D,the following provisions,in addition to the provisions of Article 5,Section A,are required:
(1) Residential Construction. New construction and substantial improvement of any residential structure (including
manufactured homes) shall have the reference level,including basement,elevated no lower than the Regulatory Flood
Protection Elevation,as defined in Article 2 of this ordinance.
(2) Non-Residential Construction. New construction and substantial improvement of any commercial,industrial,or other
non-residential structure shall have the reference level,including basement,elevated no lower than the Regulatory Flood
Protection Elevation,as defined in Article 2 of this ordinance. Structures located in Zones A,AE,AH,AO,A99 may
be floodproofed to the Regulatory Flood Protection Elevation in lieu of elevation provided that all areas of the structure,
together with attendant utility and sanitary facilities, below the Regulatory Flood Protection Elevation are watertight
with walls substantially impermeable to the passage of water, using structural components having the capability of
resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. For AO Zones,the floodproofmg elevation
shall be in accordance with Article 5,Section I(2). A registered professional engineer or architect shall certify that the
floodproofmg standards of this subsection are satisfied. Such certification shall be provided to the Floodplain
Administrator as set forth in Article 4,Section B(3),along with the operational plan and the inspection and maintenance
plan.
(3) Manufactured Homes.
(a) New and replacement manufactured homes shall be elevated so that the reference level of the manufactured home
is no lower than the Regulatory Flood Protection Elevation,as defined in Article 2 of this ordinance.
(b) Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation,collapse,
and lateral movement,either by certified engineered foundation system, or in accordance with the most current
edition of the State of North Carolina Regulations for Manufactured Homes adopted by the Commissioner of
Insurance pursuant to NCGS 143-143.15. Additionally,when the elevation would be met by an elevation of the
chassis thirty-six(36)inches or less above the grade at the site,the chassis shall be supported by reinforced piers
or engineered foundation. When the elevation of the chassis is above thirty-six (36) inches in height, an
engineering certification is required.
(c) All enclosures or skirting below the lowest floor shall meet the requirements of Article 5, Section B(4).
(d) An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or
substantially damaged manufactured home parks or subdivisions located within flood prone areas.This plan shall
be filed with and approved by the Floodplain Administrator and the local Emergency Management Coordinator.
(4) Elevated Buildings. Fully enclosed area,of new construction and substantially improved structures,which is below the
lowest floor or below the lowest horizontal structural member in VE zones:
(a) Shall not be designed or used for human habitation,but shall only be used for parking of vehicles,building access,
or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area
shall be the minimum necessary to allow for parking of vehicles(garage door)or limited storage of maintenance
equipment(standard exterior door),or entry to the living area(stairway or elevator). The interior portion of such
enclosed area shall not be finished or partitioned into separate rooms,except to enclose storage areas;
(b) Shall not be temperature-controlled or conditioned with equipment below the Regulatory Flood Protection
Elevation.
(c) Shall be constructed entirely of flood resistant materials at least to the Regulatory Flood Protection Elevation;
and
(d) Shall include,in Zones A,AE,AH,AO,A99 flood openings to automatically equalize hydrostatic flood forces
on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either
be certified by a professional engineer or architect or meet or exceed the following minimum design criteria:
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(i) A minimum of two flood openings on different sides of each enclosed area subject to flooding;
(ii) The total net area of all flood openings must be at least one(1)square inch for each square foot of enclosed
area subject to flooding;
(iii) If a building has more than one enclosed area, each enclosed area must have flood openings to allow
floodwaters to automatically enter and exit;
(iv) The bottom of all required flood openings shall be no higher than one (1) foot above the higher of the
interior or exterior adjacent grade;
(v) Flood openings may be equipped with screens,louvers,or other coverings or devices,provided they permit
the automatic flow of floodwaters in both directions;and
(vi) Enclosures made of flexible skirting are not considered enclosures for regulatory purposes,and,therefore,
do not require flood openings.Masonry or wood underpinning,regardless of structural status,is considered
an enclosure and requires flood openings as outlined above.
(e) Shall,in Coastal High Hazard Areas(Zone VE),either be free of obstruction or constructed with breakaway
walls,open wood,plastic or other latticework or insect screening,provided they are not part of the structural
support of the building and are designed so as to breakaway,under abnormally high tides or wave action
without causing damage to the elevated portion of the building or supporting foundation system or otherwise
jeopardizing the structural integrity of the building. The following design specifications shall be met:
(i) Material shall consist of open wood,plastic,or other latticework or insect screening;or
(ii) Breakaway walls shall meet the following design specifications:
(1) Breakaway walls may have flood openings that allow for the automatic entry and exit of floodwaters
to minimize damage caused by hydrostatic loads,per Article 5, Section B(4)(d)(i-vi);and
(2) Design safe loading resistance shall be not less than 10 nor more than 20 pounds per square foot;or
(3) Breakaway walls that exceed a design safe loading resistance of 20 pounds per square foot(either by
design or when so required by State or local codes) shall be certified by a registered professional
engineer or architect that the breakaway wall will collapse from a water load less than that which
would occur during the base flood event, and the elevated portion of the building and supporting
foundation system shall not be subject to collapse,displacement,or other structural damage due to the
effects of wind and water loads acting simultaneously on all building components(structural and non-
structural). The water loading values used shall be those associated with the base flood. The wind
loading values used shall be those required by the North Carolina State Building Code.
(iii) Concrete pads, including patios, decks, parking pads, walkways, driveways, pool decks, etc. the
following is required:
(1) Shall be structurally independent of the primary structural foundation system of the structure and shall
not adversely affect structures through redirection of floodwaters or debris;and
(2) Shall be constructed to breakaway cleanly during design flood conditions,shall be frangible,and shall
not produce debris capable of causing damage to any structure. (The installation of concrete in small
segments(approximately 4 feet x 4 feet)that will easily break up during the base flood event,or score
concrete in 4 feet x 4 feet maximum segments is acceptable to meet this standard).
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(3) Reinforcing, including welded wire fabric, shall not be used in order to minimize the potential for
concreted pads being a source of debris;and
(4) Pad thickness shall not exceed 4 inches;or
(5) Provide a Design Professional's certification stating the design and method of construction to be used
meet the applicable criteria of this section.
(6) The provisions above shall not apply to non-residential or multi-family construction that is designed
by a professional engineer and constructed with self-supporting structural slabs capable of remaining
intact and functional under base flood conditions,including expected erosion.
(f) Fill/Grading
(i) Minor grading and the placement of minor quantities of nonstructural fill may be permitted for
landscaping and for drainage purposes under and around buildings and for support of parking slabs,pool
decks,patios and walkways.
(ii) The fill material must be similar and consistent with the natural soils in the area.
(iii) The placement of site-compatible,non-structural fill under or around an elevated building is limited to
two (2) feet. Fill greater than two (2) feet must include an analysis prepared by a qualified registered
design professional demonstrating no harmful diversion of floodwaters or wave runup and wave reflection
that would increase damage to adjacent elevated buildings and structures.
(iv) Nonstructural fill with fmished slopes that are steeper than five(5)units horizontal to one(1)unit vertical
shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates
no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to
adjacent elevated buildings and structures.
(5) Additions/Improvements.
(a) Additions and/or improvements to pre-FIRM structures when the addition and/or improvements in combination
with any interior modifications to the existing structure are:
(i) Not a substantial improvement, the addition and/or improvements must be designed to minimize flood
damages and must not be any more non-conforming than the existing structure.
(ii) A substantial improvement, with modifications/rehabilitations/improvements to the existing structure or
the common wall is structurally modified more than installing a doorway,both the existing structure and
the addition must comply with the standards for new construction.
(b) Additions to pre-FIRM or post-FIRM structures that are a substantial improvement with no
modifications/rehabilitations/improvements to the existing structure other than a standard door in the common
wall,shall require only the addition to comply with the standards for new construction.
(c) Additions and/or improvements to post-FIRM structures when the addition and/or improvements in combination
with any interior modifications to the existing structure are:
(i) Not a substantial improvement, the addition and/or improvements only must comply with the standards
for new construction consistent with the code and requirements for the original structure.
(ii) A substantial improvement,both the existing structure and the addition and/or improvements must comply
with the standards for new construction.
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(d) Any combination of repair, reconstruction, rehabilitation, addition or improvement of a building or structure
taking place during a five(5)year period,the cumulative cost of which equals or exceeds 50 percent of the market
value of the structure before the improvement or repair is started must comply with the standards for new
construction. For each building or structure,the five(5)year period begins on the date of the first improvement
or repair of that building or structure subsequent to the effective date of this ordinance. Substantial damage also
means flood-related damage sustained by a structure on two separate occasions during a 10-year period for which
the cost of repairs at the time of each such flood event,on the average,equals or exceeds 25 percent of the market
value of the structure before the damage occurred. If the structure has sustained substantial damage,any repairs
are considered substantial improvement regardless of the actual repair work performed. The requirement does
not,however,include either:
(i) Any project for improvement of a building required to correct existing health, sanitary or safety code
violations identified by the building official and that are the minimum necessary to assume safe living
conditions.
(ii) Any alteration of a historic structure provided that the alteration will not preclude the structure's continued
designation as a historic structure.
(6) Recreational Vehicles. Recreational vehicles shall either:
(a) Temporary Placement
(i) Be on site for fewer than 180 consecutive days;or
(ii) Be fully licensed and ready for highway use.(A recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no
permanently attached additions.)
(b) Permanent Placement.Recreational vehicles that do not meet the limitations of Temporary Placement shall meet
all the requirements for new construction.
(7) Temporary Non-Residential Structures. Prior to the issuance of a floodplain development permit for a temporary
structure, the applicant must submit to the Floodplain Administrator a plan for the removal of such structure(s) in the
event of a hurricane, flash flood or other type of flood warning notification. The following information shall be
submitted in writing to the Floodplain Administrator for review and written approval:
(a) A specified time period for which the temporary use will be permitted. Time specified may not exceed three(3)
months,renewable up to one(1)year;
(b) The name,address,and phone number of the individual responsible for the removal of the temporary structure;
(c) The time frame prior to the event at which a structure will be removed(i.e.,minimum of 72 hours before landfall
of a hurricane or immediately upon flood warning notification);
(d) A copy of the contract or other suitable instrument with the entity responsible for physical removal of the
structure;and
(e) Designation,accompanied by documentation,of a location outside the Special Flood Hazard Area,to which the
temporary structure will be moved.
(8) Accessory Structures. When accessory structures(sheds,detached garages,etc.)are to be placed within a Special Flood
Hazard Area,the following criteria shall be met:
(a) Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking or
restroom areas);
(b) Accessory structures shall not be temperature-controlled;
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(c) Accessory structures shall be designed to have low flood damage potential;
(d) Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to
the flow of floodwaters;
(e) Accessory structures shall be firmly anchored in accordance with the provisions of Article 5,Section A(1);
(f) All service facilities such as electrical shall be installed in accordance with the provisions of Article 5, Section
A(4);and
(g) Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below Regulatory
Flood Protection Elevation in conformance with the provisions of Article 5,Section B(4)(d).
An accessory structure with a footprint less than 150 square feet or that is a minimal investment of$3,000 or less and
satisfies the criteria outlined above is not required to meet the elevation or floodproofmg standards of Article 5,Section
B(2). Elevation or floodproofmg certifications are required for all other accessory structures in accordance with Article
4,Section B(3).
(9) Tanks. When gas and liquid storage tanks are to be placed within a Special Flood Hazard Area, the following criteria
shall be met:
(a) Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation,collapse or
lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood,
including the effects of buoyancy assuming the tank is empty;
(b) Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated to or above the
Regulatory Flood Protection Elevation on a supporting structure that is designed to prevent flotation,collapse or
lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation
requirements of the applicable flood hazard area;
(c) Above-ground tanks,not elevated. Above-ground tanks that do not meet the elevation requirements of Article 5,
Section B (2) of this ordinance shall be permitted in flood hazard areas provided the tanks are designed,
constructed,installed,and anchored to resist all flood-related and other loads,including the effects of buoyancy,
during conditions of the design flood and without release of contents in the floodwaters or infiltration by
floodwaters into the tanks. Tanks shall be designed, constructed, installed,and anchored to resist the potential
buoyant and other flood forces acting on an empty tank during design flood conditions.
(d) Tank inlets and vents.•Tank inlets,fill openings,outlets and vents shall be:
(i) At or above the Regulatory Flood Protection Elevation or fitted with covers designed to prevent the inflow
of floodwater or outflow of the contents of the tanks during conditions of the design flood;and
(ii) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads,including the
effects of buoyancy,during conditions of the design flood.
(10) Other Development.
(a) Fences in regulated floodways and NEAs that have the potential to block the passage of floodwaters, such as
stockade fences and wire mesh fences,shall meet the limitations of Article 5,Section F of this ordinance.
(b) Retaining walls,sidewalks and driveways in regulated floodways and NEAs. Retaining walls and sidewalks and
driveways that involve the placement of fill in regulated floodways shall meet the limitations of Article 5,Section
F of this ordinance.
(c) Roads and watercourse crossings in regulated floodways and NEAs. Roads and watercourse crossings,including
roads,bridges,culverts,low-water crossings and similar means for vehicles or pedestrians to travel from one side
of a watercourse to the other side,that encroach into regulated floodways shall meet the limitations of Article 5,
Section F of this ordinance.
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SECTION C. RESERVED.
SECTION D. STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD
ELEVATIONS.
Within the Special Flood Hazard Areas designated as Approximate Zone A and established in Article 3, Section B, where no
BFE data has been provided by FEMA, the following provisions, in addition to the provisions of Article 5, Section A, shall
apply:
(1) No encroachments, including fill,new construction, substantial improvements or new development shall be permitted
within a distance of twenty (20) feet each side from top of bank or five times the width of the stream, whichever is
greater, unless certification with supporting technical data by a registered professional engineer is provided
demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base
flood discharge.
(2) The BFE used in determining the Regulatory Flood Protection Elevation shall be determined based on the following
criteria:
(a) When BFE data is available from other sources,all new construction and substantial improvements within such
areas shall also comply with all applicable provisions of this ordinance and shall be elevated or floodproofed in
accordance with standards in Article 5,Sections A and B.
(b) When floodway or non-encroachment data is available from a Federal,State,or other source,all new construction
and substantial improvements within floodway and non-encroachment areas shall also comply with the
requirements of Article 5,Sections B and F.
(c) All subdivision, manufactured home park and other development proposals shall provide BFE data if
development is greater than five (5) acres or has more than fifty(50) lots/manufactured home sites. Such BFE
data shall be adopted by reference in accordance with Article 3, Section B and utilized in implementing this
ordinance.
(d) When BFE data is not available from a Federal,State,or other source as outlined above,the reference level shall
be elevated or floodproofed(nonresidential)to or above the Regulatory Flood Protection Elevation,as defined in
Article 2.All other applicable provisions of Article 5, Section B shall also apply.
SECTION E. STANDARDS FOR RIVERINE FLOODPLAINS WITH BASE FLOOD ELEVATIONS BUT
WITHOUT ESTABLISHED FLOODWAYS OR NON-ENCROACHMENT AREAS.
Along rivers and streams where BFE data is provided by FEMA or is available from another source 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:
(1) Standards of Article 5,Sections A and B;and
(2) Until a regulatory floodway or non-encroachment area is designated,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(1)foot at any point within the community.
SECTION F. FLOODWAYS AND NON-ENCROACHMENT AREAS.
Areas designated as floodways or non-encroachment areas are located within the Special Flood Hazard Areas established in
Article 3, Section B. The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of
floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to
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standards outlined in Article 5, Sections A and B,shall apply to all development within such areas:
(1) No encroachments,including fill,new construction,substantial improvements and other developments shall be permitted
unless:
(a) It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the
occurrence of the base flood discharge,based on hydrologic and hydraulic analyses performed in accordance with
standard engineering practice and presented to the Floodplain Administrator prior to issuance of floodplain
development permit;or
(b) A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision
(LOMR)must also be obtained within six months of completion of the proposed encroachment.
(2) If Article 5,Section F(1)is satisfied,all development shall comply with all applicable flood hazard reduction provisions
of this ordinance.
(3) Manufactured homes may be permitted provided the following provisions are met:
(a) The anchoring and the elevation standards of Article 5,Section B(3);and
(b) The encroachment standards of Article 5,Section F(1).
SECTION G. COASTAL HIGH HAZARD AREA(ZONE VE).
Coastal High Hazard Areas are Special Flood Hazard Areas established in Article 3, Section B, and designated as Zones VE.
These areas have special flood hazards associated with high velocity waters from storm surges or seismic activity and,therefore,
all new construction and substantial improvements shall meet the following provisions in addition to the provisions of Article
5, Sections A and B:
(1) All new construction and substantial improvements shall:
(a) Be located landward of the reach of mean high tide;
(b) Comply with all applicable CAMA setback requirements.
(2) All new construction and substantial improvements shall be elevated so that the bottom of the lowest horizontal structural
member of the lowest floor(excluding pilings or columns) is no lower than the regulatory flood protection elevation.
Floodproofing shall not be utilized on any structures in Coastal High Hazard Areas to satisfy the regulatory flood
protection elevation requirements.
(3) All new construction and substantial improvements shall have the space below the bottom of the lowest horizontal
structural member of the lowest floor free of obstruction so as not to impede the flow of flood waters,with the following
exceptions:
(a) Open wood,plastic or other latticework or insect screening may be permitted below the lowest floor for aesthetic
purposes only and must be designed to wash away in the event of wave impact and in accordance with the
provisions of Article 5, Section B(4)(e)(i). Design plans shall be submitted in accordance with the provisions of
Article 4,Section B(1)(d)(iii)(2);or
(b) Breakaway walls may be permitted provided they meet the criteria set forth in Article 5, Section
B(4)(a),(b),(c)&(e)(ii). Design plans shall be submitted in accordance with the provisions of Article 4, Section
B(1)(d)(iii)(1).
(4) All new construction and substantial improvements shall be securely anchored to pile or column foundations. All pilings
and columns and the structure attached thereto shall be anchored to resist flotation, collapse,and lateral movement due
to the effect of wind and water loads acting simultaneously on all building components.
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(a) Water loading values used shall be those associated with the base flood.
(b) Wind loading values used shall be those required by the current edition of the North Carolina State Building
Code.
(5) For concrete pads, including patios, decks, parking pads, walkways, driveways, pool decks, etc. the following is
required:
(a) Shall be structurally independent of the primary structural foundation system of the structure and shall not
adversely affect structures through redirection of floodwaters or debris;and
(b) Shall be constructed to breakaway cleanly during design flood conditions,shall be frangible,and shall not
produce debris capable of causing damage to any structure. (The installation of concrete in small segments
(approximately 4 feet x 4 feet)that will easily break up during the base flood event,or score concrete in 4 feet x
4 feet maximum segments is acceptable to meet this standard); and
(c) Reinforcing,including welded wire fabric,shall not be used in order to minimize the potential for concreted pads
being a source of debris;and
(d) Pad thickness shall not exceed 4 inches;or
(e) Provide a Design Professional's certification stating the design and method of construction to be used meet the
applicable criteria of this section.
(0 The provisions above shall not apply to non-residential or multi-family construction that is designed by a
professional engineer and constructed with self-supporting structural slabs capable of remaining intact and
functional under base flood conditions,including expected erosion.
(6) For swimming pools and spas,the following is required:
(a) Be designed to withstand all flood-related loads and load combinations.
(b) Be elevated so that the lowest horizontal structural member is elevated above the RFPE;or
(c) Be designed and constructed to break away during design flood conditions without producing debris capable of
causing damage to any structure;or
(d) Be sited to remain in the ground during design flood conditions without obstructing flow that results in damage
to any structure.
(e) Registered design professionals must certify to local officials that a pool or spa beneath or near a VE Zone building
will not be subject to flotation or displacement that will damage building foundations or elevated portions of the
building or any nearby buildings during a coastal flood.
(f) Pool equipment shall be located above the RFPE whenever practicable. Pool equipment shall not be located
beneath an elevated structure.
(7) All elevators,vertical platform lifts,chair lifts,etc.,the following is required:
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(a) Elevator enclosures must be designed to resist hydrodynamic and hydrostatic forces as well as erosion,scour,and
waves.
(b) Utility equipment in Coastal High Hazard Areas(VE Zones)must not be mounted on,pass through,or be located
along breakaway walls.
(c) The cab,machine/equipment room,hydraulic pump,hydraulic reservoir,counter weight and roller guides,hoist
cable, limit switches,electric hoist motor,electrical junction box, circuit panel,and electrical control panel are
all required to be above RFPE.When this equipment cannot be located above the RFPE,it must be constructed
using flood damage-resistant components.
(d) Elevator shafts/enclosures that extend below the RFPE shall be constructed of reinforced masonry block or
reinforced concrete walls to provide increased protection from flood damage.Drainage must be provided for the
elevator pit.
(e) Flood damage-resistant materials can also be used inside and outside the elevator cab to reduce flood damage.
Use only stainless steel doors and door frames below the BFE. Grouting in of door frames and sills is
recommended.
(f) If an elevator is designed to provide access to areas below the BFE,it shall be equipped with a float switch system
that will activate during a flood and send the elevator cab to a floor above the RFPE.
(8) A registered professional engineer or architect shall certify that the design,specifications and plans for construction are
in compliance with the provisions of Article 4,Section B and Article 5,Section G(3)and(4),on the current version of
the North Carolina V-Zone Certification form or equivalent local version.
(9) Fill/Grading
(a) Minor grading and the placement of minor quantities of nonstructural fill may be permitted for landscaping and
for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios and
walkways.
(b) The fill material must be similar and consistent with the natural soils in the area.
(c) The placement of site-compatible,non-structural fill under or around an elevated building is limited to two (2)
feet.Fill greater than two(2)feet must include an analysis prepared by a qualified registered design professional
demonstrating no harmful diversion of floodwaters or wave runup and wave reflection that would increase
damage to adjacent elevated buildings and structures.
(d) Nonstructural fill with finished slopes that are steeper than five(5)units horizontal to one(1)unit vertical shall
be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful
diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent elevated
buildings and structures.
(10) There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage.
(11) No manufactured homes shall be permitted except in an existing manufactured home park or subdivision. A replacement
manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring
and elevation standards of this Section have been satisfied.
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(12) Recreational vehicles may be permitted in Coastal High Hazard Areas provided that they meet the Recreational Vehicle
criteria of Article 5, Section B(6)(a).
(13) A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural
member at or above the Regulatory Flood Protection Elevation and any supporting members that extend below the
Regulatory Flood Protection Elevation shall comply with the foundation requirements that apply to the building or
structure,which shall be designed to accommodate any increased loads resulting from the attached deck.The increased
loads must be considered in the design of the primary structure and included in the V-Zone Certification required under
Article 4, Section B,(3)(f).
(14) A deck or patio that is located below the Regulatory Flood Protection Elevation shall be structurally independent from
buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and
in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is
capable of causing structural damage to the building or structure or to adjacent buildings and structures.
(15) In coastal high hazard areas, development activities other than buildings and structures shall be permitted only if also
authorized by the appropriate state or local authority;if located outside the footprint of,and not structurally attached to,
buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate no harmful
diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and
structures. Such other development activities include but are not limited to:
(a) Bulkheads,seawalls,retaining walls,revetments,and similar erosion control structures;
(b) Solid fences and privacy walls,and fences prone to trapping debris,unless designed and constructed to fail under
flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters.
SECTION H.STANDARDS FOR COASTAL A ZONES (ZONE CAZ)LiMWA
Structures in CAZs shall be designed and constructed to meet V Zone requirements, including requirements for breakaway
walls.However,the NFIP regulations also require flood openings in walls surrounding enclosures below elevated buildings in
CAZs(see Technical Bulletin 1,Openings in Foundation Walls and Walls of Enclosures).Breakaway walls used in CAZs must
have flood openings that allow for the automatic entry and exit of floodwaters to minimize damage caused by hydrostatic loads.
Openings also function during smaller storms or if anticipated wave loading does not occur with the base flood.
(1) All new construction and substantial improvements shall be elevated so that the bottom of the lowest horizontal structural
member of the lowest floor(excluding pilings or columns) is no lower than the regulatory flood protection elevation.
Floodproofing shall not be utilized on any structures in Coastal A Zones to satisfy the regulatory flood protection
elevation requirements.
(2) All new construction and substantial improvements shall have the space below the lowest horizontal structural member
free of obstruction so as not to impede the flow of flood waters,with the following exceptions:
(a) Open wood,plastic or other latticework or insect screening may be permitted below the lowest floor for aesthetic
purposes only and must be designed to wash away in the event of wave impact and in accordance with the
provisions of Article 5,Section B(4)(e)(i). Design plans shall be submitted in accordance with the provisions of
Article 4,Section B(1)(d)(iii)(2);or
(b) Breakaway walls may be permitted provided they meet the criteria set forth in Article 5, Section B(4)(e)(ii).
Design plans shall be submitted in accordance with the provisions of Article 4,Section B(1)(d)(iii)(1).
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(3) All new construction and substantial improvements shall include, in Zones CAZ, flood openings to automatically
equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement,
the openings must either be certified by a professional engineer or architect or meet or exceed the design criteria in
Article 5,Section B(4)(d).
(4) Concrete pads,including patios,decks,parking pads,walkways,driveways,etc. must meet the provisions of Article 5,
Section G(5).
(5) All new construction and substantial improvements shall meet the provisions of Article 5, Section G(3)
(6) A registered professional engineer or architect shall certify that the design,specifications and plans for construction are
in compliance with the provisions of Article 4, Section B and Article 5, Section G(3)and(4),on the current version of
the North Carolina V-Zone Certification form or a locally developed V-Zone Certification form.
(7) Recreational vehicles may be permitted in Coastal A Zones provided that they meet the Recreational Vehicle criteria of
Article 5,Section B(6)(a).
(8) Fill/Grading must meet the provisions of Article 5, Section G(11)
(9) Decks and patios must meet the provisions of Article 5 Section G(15)and(16).
(10) In coastal high hazard areas, development activities other than buildings and structures must meet the provisions of
Article 5,Section G(17)
SECTION I. STANDARDS FOR AREAS OF SHALLOW FLOODING(ZONE AO).
Located within the Special Flood Hazard Areas established in Article 3, Section B, are areas designated as shallow flooding
areas. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly
defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to Article 5,
Sections A and B,all new construction and substantial improvements shall meet the following requirements:
(1) The reference level shall be elevated at least as high as the depth number specified on the Flood Insurance Rate Map
(FIRM),in feet,plus a freeboard of 2 feet,above the highest adjacent grade;or at least 2 feet above the highest adjacent
grade if no depth number is specified.
(2) Non-residential structures may,in lieu of elevation,be floodproofed to the same level as required in Article 5, Section
I(1)so that the structure,together with attendant utility and sanitary facilities,below that level shall be watertight with
walls substantially impermeable to the passage of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required in accordance with Article 4,
Section B(3)and Article 5, Section B(2).
(3) Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from
proposed structures.
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ARTICLE 6. LEGAL STATUS PROVISIONS
SECTION A. EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD DAMAGE
PREVENTION ORDINANCE.
This ordinance in part comes forward by re-enactment of some of the provisions of the Flood Damage Prevention Ordinance
enacted April 3, 1978 as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without
interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be
enforced. The enactment of this ordinance shall not affect any action,suit or proceeding instituted or pending. All provisions
of the Flood Damage Prevention Ordinance of New Hanover County enacted on April 3, 1978, as amended, which are not
reenacted herein are repealed.
The date of the initial Flood Damage Prevention Ordinance for each municipal jurisdiction within New Hanover County is as
follows:
City of Wilmington:April 4, 1978
Town of Carolina Beach:May 12, 1987
Town of Kure Beach:January 6, 1982
Town of Wrightsville Beach:November 21, 1974
SECTION B. EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PERMITS.
Nothing herein contained shall require any change in the plans,construction,size,or designated use of any development or any
part thereof for which a floodplain development permit has been granted by the Floodplain Administrator or his or her
authorized agents before the time of passage of this ordinance;provided,however,that when construction is not begun under
such outstanding permit within a period of six (6) months subsequent to the date of issuance of the outstanding permit,
construction or use shall be in conformity with the provisions of this ordinance.
SECTION C. SEVERABILITY.
If any section,clause, sentence,or phrase of the Ordinance is held to be invalid or unconstitutional by any court of competent
jurisdiction,then said holding shall in no way effect the validity of the remaining portions of this Ordinance.
SECTION D. EFFECTIVE DATE.
This ordinance shall become effective on November 4,2019.
SECTION E. ADOPTION CERTIFICATION.
I hereby certify that this is a true and correct copy of the Flood Dama Erevention Ordin ce as a pied by the Board of
Commissioners of New Hanover County,North Carolina,on the -� day of pi coce YYI ,2019.
WITNESS my hand and the official seal of ��" , his the 5'&
day of November,2019.
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