ATTACHMENT 2
ARTICLE IV. FLOOD DAMAGE PREVENTION ORDINANCE*
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*Editor's note: Ord. No. O-78-17, §§ 1, 2, enacted April 10, 1978, amended Art. IV to read as set out in §§ 5-50--5-69. Prior to amendment Art. IV, §§ 5-50--5-58, containing the floodway ordinance of the city, was derived from Ord. of March 13, 1972, § 1.
State law references: Local government authority to regulate uses in flood hazard areas and grant permits, G.S. 143-215.54(a); minimum standards for ordinances, G.S. § 143-215.54A; local government to delineate flood hazard area, G.S. § 143-215.56(c); city may enact floodway regulation ordinances authorized under Chapter 143 of state statutes, G.S. § 160A-458.1; procedure in issuing permits, G.S. § 143-215.57.
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(a) The flood hazard areas of the Town of Chapel Hill and surrounding areas within its zoning jurisdiction 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 alterations in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed, or otherwise protected from flood damages.
(c) Minimizing construction within the flood hazard 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.
(Ord. No. O-78-17, § 2, 4-10-78)
Sec. 5-51. Statement of purpose.
It is the purpose of this article to promote the public health, safety and general welfare, to minimize public and private losses due to flood conditions in specific areas and to further environmental goals by provisions designed to:
(1) Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion or flood heights or velocities.
(2) Require that uses vulnerable to floods, including facilities which 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 flood waters.
(4) Control filling, grading, dredging and other development which may increase erosion or flood damage.
(5) Prevent or regulate the construction of obstructions which will unnaturally divert flood waters or which may increase flood hazards to other lands.
(Ord. No. O-78-17, § 2, 4-10-78)
The objectives of this article 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 interruptions;
(6) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
(7) To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas; and,
(8) To help protect potential buyers of property in flood prone areas.
(Ord. No. O-78-17, § 2, 4-10-78)
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) Appeal means a request for a review of the building inspector's interpretation of any provision of this article.
(2) Area of shallow flooding means a designated zone on the official base floodway and floodplain boundary map with base flood depths from one to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident.
(3) Area of special flood hazard means the channel of a watercourse and the adjacent land areas that are subject to inundation by the base flood, usually made up of a floodway and a floodway fringe.
(4) Artificial obstruction means any obstruction which is not a natural obstruction, including any which, while not a significant obstruction in itself, is capable of accumulating debris and thereby reducing the flood-carrying capacity of the stream.
(5) Base flood is the 100-year flood, which means the flood having a one per cent chance of being equalled or exceeded in any given year.
(6) Base flood elevation is the elevation, expressed in feet above mean sea level, of the water surface of the base flood.
(7) Base flood protection elevation is one foot above the base flood elevation, which is the elevation required to protect against the base flood if the floodway fringe were completely filled.
(8) Base floodway and floodplain boundary maps mean the official maps for the Town of Chapel Hill based on:
(a) The Federal Insurance Administration's scientific and engineering report entitled "The Flood Insurance Study for the Town of Chapel Hill, North Carolina" and accompanying flood insurance rate maps and flood boundary and floodway maps, and
(b) Maps drawn and certified by a registered professional engineer and approved by the administrator for streams not covered in said insurance study.
(9) Development means any man-made change to improved or unimproved real estate, including but not limited to construction of buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
(10) Existing mobile home park or mobile home subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this article.
(11) Expansion to an existing mobile home park or mobile home park or mobile home subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads or the construction of streets).
(12) 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 or runoff of surface waters from any source.
(13) Flood boundary and floodway map (FBFM) means an official map of a community, on which the Federal Insurance Administration has delineated the floodway and floodway fringe within areas of special flood hazard.
(14) Flood hazard boundary map (FHBM) means an official map of a community, on which the Federal Insurance Administration, where the boundaries of the areas of special flood hazards have been designated as zone A.
(15) Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
(16) Flood insurance report is the official report provided by the Federal Insurance Administration. The report contains flood profiles, as well as the flood boundary and floodway map and the water surface elevation of the base flood.
(17) Floodway means the channel of a stream or other watercourse and the adjacent land areas that are required to carry and discharge the base flood without cumulatively increasing the base flood elevation more than one foot.
(18) Floodway fringe is the portion of the area of special flood hazard outside the floodway, which is subject to inundation by the base flood.
(19) Impervious surface means those surfaces which do not absorb water. They include all buildings, parking areas, driveways, roadways, sidewalks, and any areas of concrete or asphalt. In the case of supply yards, outdoor areas of stored materials constitute impervious surfaces.
(20) Land disturbing activities means those activities or processes which disturb, displace or otherwise disrupt in situ vegetation or inorganic materials, including but not limited to clearing, grubbing and grading.
(21) Mean sea level means the average height of the sea for all stages of the tide, referenced to the National Geodetic Vertical Datum (NGVD).
(22) Mobile 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. It does not include recreational vehicles or travel trailers.
(23) Natural obstruction includes any rock, tree, gravel or other natural matter that is an obstruction and has been located within the floodway by a nonhuman cause.
(24) New construction means structure for which the start of construction commenced on or after the effective date of this article.
(25) New mobile home parks or mobile home subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this article.
(26) Start of construction means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. 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 as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within mobile home parks or mobile home subdivisions, start of construction means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, start of construction is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads and installation of utilities) is completed.
(27) Structure means a walled and roofed building that is principally above ground, as well as a mobile home.
(28) Substantial improvement means any repair, replacement, reconstruction, or improvement of a structure, within any calendar year, the cost of which equals or exceeds fifty (50) per cent of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
(29) Variance is a grant of relief to a person from the requirements of this article which permits construction in a manner otherwise prohibited by this article where specific enforcement would result in unnecessary hardship.
(Ord. No. O-78-17, § 2, 4-10-78; Ord. No. O-85-4, § 1, 2-11-85)
Editor's note: Section 2 of Ord. No. O-85-4, adopted Feb. 11, 1985, deleted § 5-54, which pertained to the application of the article and derived from Ord. No. O-78-17, § 2, adopted April 10, 1978.
Sec. 5-55. Duties and responsibilities of the
administrator.
The town manager or his designee is hereby appointed to administer and implement the provisions of this article. The duties of the administrator shall include, but not be limited to:
(1) Reviewing all building and grading permits to assure that the requirements of this article have been satisfied.
(2) Reviewing permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
(3) Reviewing all proposals to relocate or alter the channels of watercourses to assure that all legal requirements have been satisfied.
(4) Notifying appropriate jurisdictions and the North Carolina Department of Natural Resources and Community Development prior to any alteration or relocation of a watercourse, and submitting evidence of such notification to the Federal Insurance Administration.
(5) Assuring that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
(6) Verifying and recording the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.
(7) Verifying and recording the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed.
(8) When floodproofing is utilized for a particular structure obtaining certification from a registered professional engineer or architect.
(9) Where interpretation is needed as to the exact location of the boundaries of the floodways or areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) making the necessary interpretation.
(10) When base flood elevation data has not been provided in accordance with section 5-56, obtaining, reviewing, and reasonably utilizing any base flood elevation data available from a federal, state or other source, in order to administer the provisions of this article.
(11) Maintaining and making available for public inspection all records pertaining to the provisions of this article, consistent with normal procedures for retaining records.
(12) Notifying appropriate jurisdictions of an amendment to the official maps and profiles.
(13) Notifying the Federal Insurance Administration of variances issued.
(Ord. No. O-78-17, § 2, 4-10-78; Ord. No. O-85-4, § 3, 2-11-85)
Sec. 5-56. Basis for establishing the areas of special
flood hazard.
There shall be maintained in the office of the building inspector or of the planning department of the Town of Chapel Hill official base floodway or floodplain boundary maps and official base flood profiles, which designate and delineate areas of special flood hazard, floodways, and base flood elevations for all reaches of watercourses subject to any floodplain or resource conservation district regulation of the town. Said documents shall be reviewed and updated as appropriate by the administrator at least once every ten (10) years. The official base floodway and floodplain boundary maps and base flood profiles and any revision thereto are hereby adopted by reference and declared to be a part of this article, and applicable to any resource conservation district regulation of the town as appropriate. The referenced maps and profiles shall be based on the Federal Insurance Administration's scientific and engineering report entitled "The Flood Insurance Study for the Town of Chapel Hill, North Carolina," and accompanying flood insurance rate maps and flood boundary and floodway maps, dated April 17, 1978, and any revision thereto; and for streams not covered in said insurance study, maps drawn and certified by a registered professional engineer and approved by the administrator.
The base floodway and floodplain boundary maps and base flood profiles and any revision thereto shall be filed with the clerk of superior court and with the register of deeds in Orange County.
Interpretations of the official maps and profiles shall be made by the administrator. The limits of the area of special flood hazard and the floodway shall be determined by scaling distances on the official base floodway and floodplain boundary maps. Where interpretation is needed as to the exact location of the limits of the area of special flood hazards or the floodway, as for example where there appears to be a conflict between a mapped limit and actual field conditions, the administrator shall make the necessary interpretation. The base flood elevation for the point in question, as shown on the official base flood profiles, shall be the governing factor in locating the limit of the area of special flood hazard on the land.
(Ord. No. O-78-17, § 2, 4-10-78; Ord. No. O-85-4, § 4, 2-11-85)
Sec. 5-57. Amendment of official maps and profiles.
Any base flood elevation or location of any area of special flood hazard or floodway may be amended by the administrator in cases where:
(1) A flood control project by a federal, state, county, or town government has substantially altered the flood hazard;
(2) Flood data compiled subsequent to the enactment of this article indicates that the base flood elevations or boundaries as shown on the official profiles or maps are no longer correct;
(3) A private individual, corporation or firm, or a public agency has submitted plans to the administrator for a channel improvement or relocation which would alter the base flood elevation or the location of the boundaries as shown on the official profiles or maps. A channel alteration requiring an amendment to the official profiles or maps shall not be allowed until the board of adjustment has determined that the effects of such an alteration will not be detrimental to other land and to the public health, safety, and welfare, and has approved the amendment to the official profiles or maps.
Where such amendment would alter an established boundary on a flood insurance rate map and flood boundary and floodway map, the amendment shall be contingent on approval by the Federal Insurance Administration.
Adjacent jurisdictions that may be affected by an amendment and the Federal Insurance Administration shall be notified of the amendment.
(Ord. No. O-78-17, § 2, 4-10-78)
Secs. 5-58--5-69. Reserved.
Editor's note: Section 5 of Ord. No. O-85-4, adopted Feb. 11, 1985, deleted §§ 5-58--5-69 which pertained to various procedures, requirements and standards relative to the flood damage prevention ordinance. Former §s; 5-58--5-69 derived from Ord. No. O-78-17, § 2, adopted April 10, 1978.
Secs. 5-70--5-72. Reserved.