ATTACHMENT 1

AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES ON THE FLOOD DAMAGE PREVENTION ORDINANCE (2007-01-08/O-x)

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Section 1.  Article IV., Chapter 5 of the Town Code as it currently reads is hereby rescinded in its entirety.

Section 2.  A new Article IV., Chapter 5 of the Town Code is hereby enacted to read as follows:

“ARTICLE IV. FLOOD DAMAGE PREVENTION ORDINANCE

Sec. 5-50.  Statutory Authority.

The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3, 5, and 8 of Article 19 of Chapter 160A; and Article 8 of Chapter 160A 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 of its citizenry including the regulations set out in this article.

Sec. 5-51.  Findings of fact.

(a) The flood prone areas within the zoning jurisdiction of the Town of Chapel Hill 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 for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

(b) 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 floodplain areas of uses vulnerable to floods or other hazards.

(c) Minimizing construction within the floodplain areas of the Town of Chapel Hill and surrounding areas within its zoning jurisdiction has been identified as an effective means for furthering environmental goals as expressed in the comprehensive plan for Chapel Hill and its environs.

Sec. 5-52.  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.

Sec. 5-53.  Objectives.

The objectives of this ordinance are:

(1) to protect human life and health;

(2) to minimize property loss and damage;

(3) to minimize expenditure of public money for costly flood control projects;

(4) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(5) to minimize prolonged business losses and interruptions;

(6) to minimize damage to public facilities and utilities such as water and gas mains; electric, telephone, cable and sewer lines; streets; and bridges that are located in floodplain areas;

(7) to help maintain a stable tax base by providing for the sound use and development of floodplain areas; and

(8) to ensure that potential buyers are aware that property is in a Special Flood Hazard Area.

Sec. 5-54.  Definitions.

Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.

(1) “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.

(2) “Addition (to an existing building)” means an extension or increase in the floor area or height of a building or structure. 

(3) “Appeal” means a request for a review of the floodplain administrator's interpretation of any provision of this ordinance.

(4) “Area of Special Flood Hazard” see “Special Flood Hazard Area (SFHA)”

(5) “Basement” means any area of the building having its floor subgrade (below ground level) on all sides.

(6) “Base Flood” means the flood having a one (1) percent chance of being equaled or exceeded in any given year.

(7) “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”.

(8) “Building” see “Structure”

(9) “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.

(10) “Development” means any man-made change to improved or unimproved real estate, including, but not limited to: the construction, erection, structural alteration, enlargement, or rehabilitation of any buildings or other structures, including farm buildings; mining; dredging; filling; grading; paving; excavation or drilling operations; or storage of equipment or materials; clearing of vegetation; and any use or change in use of any structures or land.  Development shall also include any land disturbing activity on improved or unimproved real estate that changes the amount of impervious or partially impervious surfaces on a parcel, or that otherwise decreases the natural infiltration of precipitation into the soil. 

(11) “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 groundwater.

(12) “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.

(13) “Encroachment” means the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

(14) “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) was completed before April 10, 1978. 

(15) “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;

(b) the unusual and rapid accumulation of runoff of surface waters from any source.

(16) “Flood Insurance” means the insurance coverage provided under the National Flood Insurance Program.

(17) “Flood Insurance Rate Map (FIRM)” means an official map of a community, issued by the Federal Emergency Management Agency, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated.

(18) “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 Federal Emergency Management Agency.  The Flood Insurance Study report includes the Flood Insurance Rate Maps (FIRMs).

(19) “Floodplain” means any land area susceptible to being inundated by water from any source during the Base Flood.

(20) “Floodplain Administrator” is the individual appointed to administer and enforce the floodplain management regulations.

(21) “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.

(22) “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.

(23) “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 which control development in flood-prone areas.  This term describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

(24) “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.

(25) “Floodway” means the channel of a river or other watercourse 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.

(26) “Flood Zone” means a geographical area shown on a Flood Insurance Rate Map that reflects the severity or type of flooding in the area.

(27) “Freeboard” means the height added to the Base Flood Elevation (BFE) to account for the many unknown factors that could contribute to flood heights greater that the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization on the watershed.  The Base Flood Elevation plus the freeboard establishes the “Regulatory Flood Protection Elevation.”

(28) “Functionally Dependent Facility” means a facility which cannot be used for its intended purpose unless it is located in close proximity to water, such as a dock.  The term does not include long-term storage, manufacture, sales, or service facilities.

(29) “Hazardous Waste Facility” means, as defined in NCGS 130A, Article 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste.

(30) “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.

(31) “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.

(32) “Lowest Adjacent Grade (LAG)” means the elevation of the ground, sidewalk or patio slab immediately next to the building, or deck support, after completion of the building.

(33) “Lowest Floor” means 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.

(34) “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. 

(35) “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.

(36) “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.

(37) “Mean Sea Level” means the average height of the sea for all stages of the tide.  It is used as a reference for establishing elevations within the floodplain, to which Base Flood Elevations shown on a Flood Insurance Rate Map are referenced.  For purposes of this article, the term is synonymous with the North American Vertical Datum (NAVD) as corrected in 1988. 

(38) “New Construction” means structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures.

(39) “Non-Encroachment Area” means the channel of a river or other watercourse 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.

(40) “Post-FIRM” means construction or other development for which the “start of construction” occurred on or after the effective date of the initial Flood Insurance Rate Map for the area.

(41) “Pre-FIRM” means construction or other development for which the “start of construction” occurred before the effective date of the initial Flood Insurance Rate Map for the area.

(42) “Principally Above Ground” means that at least 51% of the actual cash value of the structure is above ground.

(43) “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.

(44) “Recreational Vehicle (RV)” means a vehicle, which is:

(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; and

(d) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.

(45) “Reference Level” is the bottom of the lowest horizontal structural member of the lowest floor, excluding the foundation system, for structures within Special Flood Hazard Areas.

(46) “Regulatory Flood Protection Elevation” means the “Base Flood Elevation” plus the “Freeboard.”  In “Special Flood Hazard Areas” where Base Flood Elevations have been determined, this elevation shall be the Base Flood Elevation plus two (2) feet of freeboard. 

(47) “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.

(48) “Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

(49) “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.

(50) “Solid Waste Disposal Facility” means, as defined in NCGS 130A-290(a)(35), any facility involved in the disposal of solid waste. 

(51) “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.

(52) “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 Section 5-56 of this article.

(53) “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.

(54) “Structure” means, for purposes of this article, a walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage tank, or other manmade facilities or infrastructure that are principally above ground. 

(55) “Substantial Damage” means damage of any origin sustained by a structure during any one-year period whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.  See also definition of “substantial improvement.”

(56) “Substantial Improvement” means any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one-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.

(57) “Town Manager” means the Town Manager of the Town of Chapel Hill, or his or her designee.”

(58) “Variance” is a grant of relief from the strict terms of a specific provision of this Article authorized by the Board of Adjustment in accordance with the provisions of Section 5-67 of this Article.

(59) “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 Sections 5-59 through 5-66 of this article is presumed to be in violation until such time as that documentation is provided.

(60) “Water Surface Elevation (WSE)” means the height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

(61) “Watercourse” means  any natural or man-made conveyance of concentrated surface flow including: (1) any area of a perennial stream or regulatory flood plain which is inundated during the base flood discharge, (2) any intermittent or perennial stream, (3) any ephemeral stream or ditch that frequently transports stormflow, or (4) any perennial water body.  Watercourse includes specifically designated areas in which substantial flood damage may occur.

Sec. 5-55. Applicability.

This ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction, including Extra-Territorial Jurisdiction (ETJ), of the Town of Chapel Hill.  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.

Sec. 5-56.  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 Flood Insurance Study (FIS) and its accompanying Flood Insurance Rate Maps (FIRM), for Orange County dated February 2, 2007, which are adopted by reference and declared to be a part of this ordinance.

Sec. 5-57.  Duties and responsibilities of the floodplain administrator.

The Town Manager is hereby appointed as the Floodplain Administrator to administer and implement the provisions of this article.  The Floodplain Administrator shall perform, but not be limited to, the following duties:

(1) Review all permits for proposed development within Special Flood Hazard Areas to assure that the requirements of this ordinance have been satisfied.

(2) Advise the applicant that additional federal or state permits may be required, and require that copies of such permits be provided and maintained on file with the development permit.

(3) Notify adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).

(4) Ensuring that within available resources, maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

(5) Prevent encroachments into floodways and non-encroachment areas unless the certification and provisions of Section 5-62 are met.

(6) Verifying and recording the actual elevation (in relation to mean sea level) of the reference level (including basement) and all attendant utilities of all new or substantially improved structures and public utilities.

(7) Verifying and recording the actual elevation (in relation to mean sea level) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with Section 5-66.

(8) When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with Section 5-66 and Section 5-60(2). 

(9) Where interpretation is needed as to the exact location of boundaries of the Special Flood Hazard Areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation.  The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article.

(10) When Base Flood Elevation data or floodway or non-encroachment data has not been provided in accordance with Section 5-56, obtain, review, and reasonably utilize any Base Flood Elevation data, along with floodway data or non-encroachment area data available from a federal, state, or other source, including data developed pursuant to Section 5-63(1), in order to administer the provisions of this article.

(11) Maintain all records that pertain to the administration of this article and make these records available for public inspection.

(12) Make onsite and periodic community inspections throughout all special flood hazard areas within the jurisdiction of the community in accordance with Sections 5-58(1) and (4).

(13)  Serve notices of violation, issue stop-work orders, revoke permits, and take corrective actions in accordance with Section 5-58. 

(14) Maintain a current map repository to include, but not limited to, the FIS Report, Flood Insurance Rate Maps and other official flood maps and studies adopted in accordance with Section 5-56 of this ordinance, and any revisions thereto, including Letters of Map Change, issued by FEMA. 

(15) Notify State and FEMA of mapping needs.

(16) Coordinate revisions to FIS reports and FIRMs, including but not limited to, Letters of Map Revision Based on Fill (LOMR-F) and Letters of Map Revision (LOMR).

Sec. 5-58.  Administrative procedures.

(1) Onsite inspections. 

As the work pursuant to a development permit progresses, the floodplain administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of this article and 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.

(2) Stop-work orders. 

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 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.

(3) Revocation of development permits.

The floodplain administrator may revoke and require the return of the development permit by notifying the permit holder in writing stating the reason(s) for the revocation.  Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit.  Any development permit mistakenly issued in violation of an applicable State or local law may also be revoked.

(4) Periodic community inspections.

The floodplain administrator and designated members of his or her staff shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the Town of Chapel Hill or ETJ at any reasonable hour for the purposes of inspection or other enforcement action.

(5) 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.

(6) 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 mail to the owner’s last known address or by personal service, stating:

(a) that the building or property is in violation of the Flood Damage Prevention Ordinance;

(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 appears appropriate.

(7) Order to take corrective action.

If, upon a hearing held pursuant to the notice prescribed above, the floodplain administrator shall find that the building or development is in violation of the Flood Damage Prevention Ordinance, they 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.  Where the floodplain administrator finds that there is imminent danger to life or other property, they may order that corrective action be taken in such lesser period as may be feasible.

(8) Appeal. 

Any owner who has received an order to take corrective action may appeal the order to the local elected governing body by giving notice of appeal in writing to the floodplain administrator and the clerk within ten (10) days following issuance of the final order.  In the absence of an appeal, the order of the floodplain administrator shall be final.  The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.

(9) Failure to comply with order. 

If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the governing body following an appeal, the owner shall be guilty of a misdemeanor and shall be punished at the discretion of the court.

Sec. 5-59.  General standards. 

The following provisions are required in all Special Flood Hazard Areas.

(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.

(3) All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damages.

(4) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.  These include, but are not limited to, HVAC equipment; water softener units; bath/kitchen fixtures; ductwork; electric and gas meter panels/boxes; utility and cable boxes; appliances such as washers, dryers, refrigerators, and freezers; hot water heaters, and electric outlets and switches.

(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 prevent infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

(7) Onsite waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

(8) Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the provisions of this ordinance, shall meet the requirements of “new construction” as contained in this ordinance.

(9) 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 and all other applicable Town regulations.

(10) 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 Section 5-67(9).  A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a Special Flood Hazard Area only if the structure or tank is either elevated or floodproofed to at least the regulatory flood protection elevation and certified according to Section 5-66 of this article.

(11) All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage.

(12) 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.

(13) All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards.

(14) 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.

Sec. 5-60.  Specific standards. 

In all Special Flood Hazard Areas where Base Flood Elevation data has been provided, as set forth in Section 5-56, or Section 5-57 (10), the following provisions, in addition to Section 5-59, 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 Section 5-54 of this article.

(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 Section 5-54 of this article. Structures located in Special Flood Hazard Areas 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.  A registered professional engineer or architect shall certify that the standards of this subsection are satisfied.  Such certification shall be provided to the Floodplain Administrator as set forth in Section 5-66, along with the operation and maintenance plans.

(3) Manufactured homes.

(a) New or 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 Section 5-54 of this ordinance.   

(b) Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement, either by engineer certification, 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 Section 5-60(4)(a), (b), and (c).

(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:

(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 be constructed entirely of flood resistant materials below the regulatory flood protection elevation;

(c) shall include 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;

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 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.

(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, both the existing structure and the addition and/or improvements must comply with the standards for new construction.

(b) Additions to post-FIRM structures with no modifications 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.

ii.) a substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.

(d) Where an independent perimeter load-bearing wall is provided between the addition and the existing building, the addition(s) shall be considered a separate building and only the addition must comply with the standards for new construction. 

(6) Recreational vehicles. 

Recreational vehicles shall either:

(a) be on site for fewer than 180 consecutive days and 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); or

(b) 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 months, renewable up to one 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 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;

(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 Section 5-59(1);

(f) All service facilities such as electrical shall be installed in accordance with Section 5-59(4); and

(g) Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below regulatory flood protection elevation in conformance with Section 5-60 (4)(c).

An accessory structure with a footprint less than 150 square feet that satisfies the criteria outlined above does not require an elevation or floodproofing certificate.  Floodproofing certifications are required for all other accessory structures in accordance with Section 5-66B.

(9) Cutting and filling shall be permitted within the Special Flood Hazard Area outside of the floodway only if the cutting or filling will not increase the water surface elevation of the base flood more than one-half (0.5) foot at any point within the community.

Sec. 5-61.  Floodways and non-encroachment areas. 

Areas designated as floodways or non-encroachment areas are located within the Special Flood Hazard Areas established in Section 5-56.  The floodways and non-encroachment areas are hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles.  The following provisions, in addition to standards outlined in Sections 5-59 and 5-60, shall apply to all development within such areas:

(1) No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless it has been demonstrated that:

(a) the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, 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 upon completion of the proposed encroachment.

(2) If Section 5-61(1) is satisfied, all development shall comply with all applicable provisions of Sections 5-59 and 5-60 of this article.

(3) No manufactured homes shall be permitted, except replacement manufactured homes in an existing manufactured home park or subdivision, provided the following provisions are met:

(a) the anchoring and the elevation standards of Section 5-60(3); and

(b) the no encroachment standard of Section 5-61(1).

Sec. 5-62.  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 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 outlined in Sections 5-59 and 5-60; 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 approved but not constructed development, will not increase the water surface elevation of the base flood more than one-half (0.5) foot at any point within the community.

Sec. 5-63.  Standards for watercourses with no established Base Flood Elevations. 

Located within the Town of Chapel Hill and ETJ are areas where no base flood elevation data have been provided and no floodway or non-encroachment area has been identified.  The following provisions shall apply to these areas:

(1) All subdivision, manufactured home park, and other development proposals located near perennial streams shall provide Base Flood Elevation data using engineering methodology compatible (as determined by the Floodplain Administrator) with that used to develop the Flood Insurance Study and Rate Maps if the development is greater than five (5) acres or has more than fifty (50) lots/manufactured home sites.  Such Base Flood Elevation data shall be adopted by reference per Section 5-56 to be utilized in implementing this article.

(2) No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of fifty (50) feet each side from top of bank of an intermittent or perennial stream, 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.

(3) When Base Flood Elevation data is not available from a federal, state, or other source, the reference level, including basement, shall be elevated at least two feet above the highest adjacent grade.

Sec. 5-64.  Floodplain Development Application Requirements.

(1) Application for a Development Permit shall be made to the floodplain administrator on forms provided by him or her prior to any development activities located within Special Flood Hazard Areas as part of the development application and permit procedures contained in the Town’s Land Use Management Ordinance.  The development permit application may include, but is not limited to, plans drawn to scale showing the nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures; utility systems; grading/pavement areas; fill areas; storage areas; drainage facilities; and other development.  The following plot plan information is required: 

(a) the Special Flood Hazard Area boundary or a statement that the entire lot is within the Special Flood Hazard Area.

(b) the floodway(s) or non-encroachment area(s) boundary as delineated on the Flood Insurance Rate Map.

(c) the Base Flood Elevation and flood zone designation of the proposed development area as determined on the Flood Insurance Rate Map.  

(d) certification of the plot plan by a registered land surveyor or professional engineer.

(e) the elevation in relation to mean sea level of the proposed reference level, including basement, of all new and substantially improved structures. 

(f) the elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed.

(g) the elevation in relation to mean sea level to which any non-residential structure in will be flood-proofed.

(h) 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.

(i) Copies of all other Local, State and Federal permits required prior to development permit issuance.

(j) 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) If floodproofing, a Floodproofing Certificate (FEMA Form 81-65) with supporting data and an operational plan that includes, but is not limited to, installation, exercise, and maintenance of floodproofing measures. 

(3) Documentation for placement of Recreational Vehicles and Temporary Structures, when applicable, to ensure Sections 5-60(6) and (7) of this article are met.

Sec. 5-65.  Permit Requirements.

The Development Permit shall include, but not be limited to:

(1) A description of the development to be permitted under the development permit.

(2) The Special Flood Hazard Area determination for the proposed development per available data specified in Section 5-56.

(3) The regulatory flood protection elevation required for the reference level and all attendant utilities.

(4) The regulatory flood protection elevation required for the protection of all public utilities.

(5) All certification submittal requirements including schedules.

(6) A statement that no fill material or other development shall encroach into the floodway or non-encroachment area of any watercourse, as applicable.

(7) The structure’s flood opening requirements.

Sec. 5-66.  Certification Requirements.

(1) Floodproofing certificate

If non-residential floodproofing is used to meet the regulatory flood protection elevation requirements, a Floodproofing Certificate (FEMA Form 81-65), with supporting data and an operational plan, is required prior to the actual start of any new construction.  It shall be the duty of the permit holder to submit to the floodplain administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to mean sea level.  Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same.  The floodplain administrator shall review the certificate data and plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval.  Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy.

(2) If a manufactured home is placed within a Special Flood Hazard Area and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required per Section 5-60(3).

(3) 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 development permit.

(4) Certification exemptions.

The following structures, if located within a Special Flood Hazard Area, are exempt from the floodproofing certification requirements specified in items (a) and (b) of this subsection:

(a) Recreational Vehicles meeting requirements of Section 5-60(6)(a);

(b) Temporary Structures meeting requirements of Section 5-60(7); and

(c) Accessory Structures less than 150 square feet meeting requirements Section 5-60(8).

Sec. 5-67.  Variances.

The Board of Adjustment as established by the Town of Chapel Hill shall hear and decide requests for variances from the requirements of this article.  Any person aggrieved by the decision of the Board of Adjustment may appeal such decision to the Court, as provided in G.S. 143-215.57(c). 

(1) Application.

An owner of property who alleges that the provisions of this article leave no legally reasonable use of the property may apply to the Board of Adjustment for a variance. An application for a variance shall be filed with the Town Manager in accord with the provisions of Section 4.12 of the Town’s Land Use Management Ordinance.  In addition to the materials required by that subsection, the application must also comply with the submittal requirements of Section 5-64.  A written report addressing each of the factors listed in subsection (7) below shall be submitted with the application for a variance.  On receipt of a complete application, the Town Manager shall cause an analysis to be made by appropriate Town staff based on the findings required in subsection (2), below. Within a reasonable period of time, the Town Manager shall submit the application and a report of his or her analysis to the Board of Adjustment. 

(2) Required findings.

The Board of Adjustment shall grant a variance, subject to the protections of this article, if it finds:

(a) a showing of good and sufficient cause;

(b) a determination that failure to grant the variance would result in exceptional hardship; and

(c) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(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 Section 5-54 of this article, provided provisions of Sections 5-67(2) and 5-67(8)(b) and (c) have been satisfied, and such facilities are protected by methods that minimize flood damages.

(c) any other type of development, provided it meets the requirements stated in this section.

(4) Review criteria.

In reviewing applications for variances pursuant to this article, the Board of Adjustment shall consider all technical evaluations; all relevant factors; other provisions of this article, statute, or 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 Section 5-54of 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) Upon consideration of the factors listed above and the purposes of this article, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.

(6) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the Base Flood Elevation and the elevation to which the structure is to be built and that such construction below the Base Flood Elevation increases risks to life and property, and that the issuance of a variance to construct a structure below the Base Flood Elevation will result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage.  Such notification shall be maintained with a record of all variance actions, including justification for their issuance.

(7) The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and the State of North Carolina upon request.   

(8) 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.

(9) A variance may be issued for solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in Special Flood Hazard Areas provided that all of the following conditions are met.

(a) The use serves a critical need in the community.

(b) No feasible 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) The Town of Chapel Hill has notified the Secretary of the North Carolina Department of Crime Control and Public Safety of its intention to grant a variance at least thirty (30) calendar days prior to granting the variance.

Sec. 5-68.  Legal Status Provisions. 

(1) Abrogation and greater restrictions.

This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.  For purposes of floodplain management such as establishing the “Reference Level” or the “Regulatory Flood Protection Elevation,” this article shall prevail where it and another ordinance or regulation conflict or overlap.  For purposes of stream buffers and resource conservation protection, whichever imposes the more stringent restrictions shall prevail.

(2) Interpretation.

In the interpretation and application of this article, 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.

(3) 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 article shall not create liability on the part of the Town of Chapel Hill or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.

(4) Penalties for violation.

(a) Criminal.

Violation of the provisions of this article 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 misdemeanor.  Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500.00 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 the Town of Chapel Hill from taking such other lawful action as is necessary to prevent or remedy any violation.

(b) Civil.

Any act constituting a violation of this article shall also subject the offender to a civil penalty of one hundred dollars ($100.00).  Each day such violation continues shall be considered a separate offense.  If the offender fails to pay the penalty within ten (10) days of receiving final written notice of a violation, the penalty may be recovered by the Town in a civil action in the nature of a debt.  A civil penalty may not be appealed to the Board of Adjustment if the offender received a final written notice of violation and did not appeal to the Board of Adjustment within thirty (30) days of the notice of violation.

(5) 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 10, 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 the Town of Chapel Hill enacted on April 10, 1978, as amended, which are not reenacted herein are repealed.

(6) Effect upon outstanding 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 development permit has been granted by the Town before the time of passage of this article; 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 3.  This ordinance shall become effective on February 2, 2007.