Angier City Zoning Code
CHAPTER 3
ZONING DISTRICTS
Section 3.1.- Interpretation.
3.1.1 Definition of zoning.
A.
Zoning is the process by which an area is divided into various districts, each of which is specifically intended for different uses and intensity of uses and within which the use of land and buildings, the height and dimension of buildings, the size of required yards, and the population density are regulated.
B.
Further, the regulations are to be made with reasonable consideration, among other things, to the character of the district and its unique suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the town's planning and development regulation jurisdiction.
3.1.2 Zoning district authority.
A.
In accordance with the requirement of N.C.G.S. § 160D-703, the town, is hereby divided into zoning districts which shall be governed by all of the uniform use and dimensional requirements of this ordinance. Said zoning regulation shall be by districts, as shown on the zoning map accompanying this ordinance.
B.
Zoning divides a town's planning and development regulation jurisdiction into districts, or zones, of any number, shape, and area that may be deemed best suited to carry out the purposes of N.C.G.S. § 160D-703. Within those districts, the municipality may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land. All regulations must be uniform for each class or kind of building throughout each district, but the regulations in one district may differ from those in other districts.
3.1.3 Zoning map.
A.
For the purposes of this ordinance, the Town of Angier is hereby divided into zoning districts whose locations and boundaries are shown on the official zoning map for the Town of Angier which is hereby adopted by reference and declared to be a part of this ordinance. The Flood Damage Prevention Overlay and Watershed Protection Overlay are incorporated into the town's zoning map.
B.
This zoning map and all the notations, references, and all amendments thereto, and other information shown thereon are hereby made a part of this ordinance the same as if such information set forth on the map were all fully described and set out herein. The zoning map properly attested is on file in the town hall and is available for inspection by the public. Prior zoning maps are available to the public upon request.
C.
The town clerk or his representative shall be responsible for the maintenance and revision of the official zoning map. Upon notification by the town board that a zoning change has been made, the town clerk shall make the necessary changes on the official zoning map.
D.
Where uncertainty exists as to the boundaries of any district shown on the official zoning map, the board of commissioners shall have the authority to interpret zoning district boundaries.
3.1.4 District and permitted use interpretation. Each zoning district has uses permitted by right, uses permitted with special requirements, special uses and uses permitted by conditional zoning. The permitted uses table includes each district and places uses under one of the four categories. The following describes the processes of each of the four categories that the uses are subject to:
A.
Permitted by right. Administrative review and approval subject to district provisions and other applicable requirements only.
B.
Permitted with special requirements. Administrative review and approval subject to district provisions, other applicable requirements, and special requirements outlined in chapter 4.
C.
Special uses. Board of adjustment review and approval of special use permit subject to district provisions, other applicable requirements, and conditions of approval. Some special uses may also be subject to special requirements outlined in chapter 4.
D.
Conditional Zoning (CZ). Permits uses in the districts marked with "CZ," subject to the conditions of the respective subsections as indicated in the column entitled, "Subsection No.," as well as any other conditions which may be negotiated or recommended by the administrator, TRC, or town board, and also subject to the requirements of chapter 4, the special conditions for the respective use in uses in this group are subject to the approval of the town board after a public hearing.
E.
Uses not listed herein as "Permitted," "Permitted with Special Requirements," or as a "Special Use Permit" are not allowed and will require application for an ordinance amendment.
3.1.5 Other requirements. Refer to all other local, state, and federal requirements.
(Ord. of 6-1-2021; Ord. of 05-07-2024(1))
Section 3.2. - Base zoning districts.
Base zoning districts are created to provide comprehensive land use regulations throughout Angier. There are nine base zoning districts that provide for a variety of uses that are appropriate to the character of the areas in which they are located. For the purpose of this ordinance, Angier is hereby divided into the following base zoning districts. These districts shall comply with all of the general and specific requirements of this ordinance.
3.2.1 OSR, Open Space and Recreation District (OSR). The open space and recreation district is established to encourage the conservation of land for flood control, public recreation, community facility sites, natural or manmade bodies of water, forests, and other similar open space uses.
3.2.2 RA-30, Low Density Residential—Agricultural District (RA-30). The residential-agricultural district is established to accommodate low density residential development and agricultural uses.
3.2.3 Low to Medium Density Residential District (R-15). The R-15 district is intended for low to medium density single-family residential uses along with their customary accessory uses.
3.2.4 Medium Density Residential District (R-10). The R-10 District is coded to promote the health of the town's medium density neighborhoods and to provide for their expansion along the same traditional lines along which they were established.
3.2.5 High Density Residential District (R-6). The R-6 residential district is provided to encourage the development of compact higher density neighborhoods and the redevelopment of existing, under-utilized lots.
3.2.6 Office and Institutional District (O&I). The O&I district is intended to accommodate a variety of office and institutional uses. This district can serve as a transitional buffer between residential districts and commercial districts.
3.2.7 Central Business District (CB). The CB district is established to provide redevelopment or investment opportunities for existing or planned commercial centers within the Town of Angier. Developments in the CB district are to emulate the characteristics of downtown Angier and encourage pedestrian use through connection with adjacent neighborhoods and the construction of mixed use buildings.
3.2.8 General Commercial District (GC). The GC district is established to provide a wide array of primarily retail and service uses to a large trading area for persons residing in and/or traveling through the Angier area. Such uses shall be located and designed in such a manner so as to promote aesthetics, the safe and efficient movement of traffic, and to not unduly burden adjoining thoroughfares.
3.2.9 Commerce Park District (CP). The CP district is established for a high quality mixture of employment, light industrial, and institutional uses, as well as limited retail and service uses to encourage development which will create a self-supporting advantageous business environment in an attractive corporate park setting.
Section 3.3. - Permitted uses table.
3.3.1 Intent. The permitted uses table contains a listing of uses which may be permitted in one or more of the various zoning districts. Uses are listed in alphabetical order within ten categories as follows:
A.
Residential
B.
Civic and Government
C.
Institutional
D.
Animal Services
E.
Office and Service
F.
Retail
G.
Recreation and Entertainment
H.
Industrial, Manufacturing, Warehousing, Wholesale, Distribution, and Transportation
I.
Agriculture
J.
Other
3.3.2 Table key. The following is a list of the meanings of table entries:
A.
The "Use Group" indicates the use group level to determine landscaping requirements in chapter 7.
B.
"P" indicates that the use is permitted by right in the zoning district.
C.
"S" indicates that the use is permitted with a Special Use Permit in the zoning district.
D.
"CZ" indicates those uses that are allowed as part of a legislative rezoning process.
E.
A blank space under a zoning district column indicates that a use is not permitted in that district.
F.
A section number listed in the "SR" column indicates that the use has special requirements for the zoning district in which it is permitted. The section number refers to the regulations in chapter 4.
G.
The "Parking" column indicates the number of parking spaces required for each use in addition to the parking requirements of chapter 8.
Legend:
P = Permitted by right
S = Permitted with Special Use Permit
CZ = Uses allowed with a Legislative rezoning process
Blank = Use not Permitted
SR = Refer to chapter 4 section number for requirements
(Ord. No. 2012.03, 10-2-2012; Ord. of 2-2-2016; Ord. of 3-5-2019; Ord. of 11-8-2023(1); Ord. of 5-7-2024(1))
Section 3.4. - Dimensional requirements.
3.4.1 General provisions.
A.
All setbacks shall be measured from the property line to the nearest point of the structure.
B.
Where a property abuts a street right-of-way, the setback shall be measured from the right-of-way line.
C.
A foundation survey shall be required on all lots less than or equal to 15,000 square feet or when said structure is located within three feet of a building envelope.
D.
No planting, structure, fence, wall, or other obstruction to vision that is more than two feet tall as measured at street level shall be placed in the minimum 10&prime × 70&prime sight triangle, as defined by the North Carolina Department of Transportation. The sight triangle is the area formed by a diagonal line connecting two points located on intersecting property lines (or a property line and the curb or a driveway).
3.4.2 Dimensional table.
NA=Not applicable
1.
Unless adjacent to different zoning district, then apply 10 foot setback. Maintenance agreement required for zero lot line development.
2.
Reduce to 15 feet where parking is in side or rear and increase landscaping by 25 percent.
3.
Double setbacks on major and minor thoroughfares and adjacent to residential uses and zoning districts.
4.
All buildings that exceed 35 feet in height shall be equipped with an automatic sprinkler system installed in accordance with the North Carolina Building Code.
3.4.3 Exceptions.
A.
The dimensional provisions of this section do not apply to residential accessory structures, which are regulated in chapter 4.
B.
Utility uses as defined by this ordinance are not subject to the minimum lot sizes set forth for each zoning district.
C.
Canopies, awnings, open stairways, uncovered porches, uncovered decks, uncovered patios, bay windows, chimneys, and heating units may encroach into the setback up to three feet, such that none of the structures mentioned herein shall be closer than five feet to a property line.
D.
The height limitations of this ordinance shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy, and shall neither apply to monuments, water towers, observation towers, transmission towers, chimneys, smokestacks, conveyors, radio towers, television towers, masts, aerials, and similar structure, except in the vicinity of airports and as regulated in this section and by chapter 4.
Section 3.5. - Conditional zoning districts.
3.5.1 Purpose.
A.
Conditional zoning districts are created to correspond to each of the base zoning districts. Conditional Zoning (CZ) Districts allow specific uses to be established in accordance with prescribed conditions pertaining to an individual project.
B.
The purpose is to provide a voluntary alternative procedure for the rezoning of a property for a specific use. A broad range of uses are permitted in the base district. However, there are instances where a base zoning district designation is clearly inappropriate for a property, but a specific use or uses permitted under this district and subject to development requirements would be consistent with the spirit and intent of this ordinance. Conditional zoning districts, herein established, are intended to accommodate such situations. This voluntary procedure is intended for firm development proposals, and is neither intended nor suited for securing early zoning for tentative uses which may not be undertaken for a long period of time.
C.
Just as there are nine base zoning districts, there are nine corresponding Conditional Zoning Districts.
3.5.2 Applicability.
A.
Property may be placed in a Conditional Zoning District only in response to a petition by the owners of all the property to be included.
B.
Specific conditions applicable to these districts may be proposed by the petitioner or the town or its agencies, but only those conditions mutually approved by the town and the petitioner may be incorporated into the requirements of the district. Conditions and site-specific standards imposed in a Conditional Zoning District shall be limited to those that address the conformance of the development and use of the site to the town's ordinances and to any officially adopted plan, and those that address the impacts reasonably expected to be generated by the development or use of the site.
C.
If for any reason any condition imposed pursuant to these regulations is found to be illegal or invalid or if the applicant should fail to accept any condition, it is the intent of this ordinance that the authorization of such CZ district shall be null and void and of no effect, and that proceedings shall be initiated by the Town of Angier to rezone the property to its previous zoning classification.
D.
Conditional Zoning Districts shall be approved through the town board approval process outlined in chapter 11.
Section 3.6. - Overlay districts.
Overlay zoning districts are established to provide land use regulations in addition to those created by the base zoning districts herein. These overlay districts are implemented when necessary due to special circumstances. There are two overlay zoning districts in Angier that provide for the protection of special environmental features of the town, as follows:
3.6.1 Watershed Protection Overlay (WP-O). The following regulations were adopted April 2005 in accordance with the state model ordinance:
3.6.1.1 Intent.
A.
The purpose of the Watershed Protection Overlay District is to prevent significant future water quality deterioration in existing or potential future drinking water reservoirs and rivers that receive stormwater runoff form land within the Town of Angier. Protection of all water supplies within the state, in accordance with minimum standards, was mandated by the Water Supply Watershed Protection Act passed by the General Assembly in 1989. The quality of water in drinking water reservoirs and rivers can be affected by human activities including farming, obstruction of highways and streets, subdivision development, industrial development, and other land disturbing activities. Types of water pollutants resulting from these activities include sediment, bacterial contamination, heavy metals, synthetic organic compounds, and low-level radioactivity.
B.
The intent of the Watershed Protection Overlay District is to apply a set of regulations involving land use and, in some cases, structural Best Management Practices (BMP's) that protect the watersheds by reducing the pollution from future development that enters the drinking water supplies. Land use management practices involve minimum lot sizes, maximum allowed density, and built-upon area restrictions, since built-upon areas such as streets, rooftops, and driveways are a major source of pollution. Structural Best Management Practices allow for more intensive land uses by providing for temporary detention of stormwater runoff so that pollutants may settle.
C.
The Watershed Protection Overlay District as hereby established overlay other zoning districts established in this ordinance. The new use of any land or new structure within the Watershed Protection Overlay District shall comply with the use regulations applicable to the underlying zoning district as well as the requirements of the Watershed Protection Overlay District.
D.
A Watershed Protection Overlay District will be applied to the Town of Angier's portion of watersheds that have been classified as WS-IV watersheds by the North Carolina Environmental Management Commission in its implementation of the Water Supply Watershed Protection Act of 1989. In accordance with the State Mandate, one (1) Watershed Protection Overlay District, as listed in the following table, is hereby established.
3.6.1.2 General. Pursuant to the requirements of N.C.G.S. § 143-214.5, one Watershed Protection Overlay District, as described in this ordinance, has been established for lands within the watersheds of existing drinking water rivers. This district overlays other zoning districts established in this ordinance and delineated on the Town of Angier Official Zoning Map. Wherever standards of the underlying zoning district differ from the watershed protection overlay standards, the more restrictive provisions shall apply.
3.6.1.3 Applicability of watershed development standards. Only new development activities requiring an erosion/sedimentation control plan under State Code (NCAC, Chapter 4) or local government program and/or resulting in the disturbance of one acre or more of land area are required to comply with the watershed protection requirements as specified in this section.
3.6.1.4 Land use regulations. All uses and activities allowed in the underlying zoning districts are permitted with the following exceptions:
3.6.1.5 Density and built-upon area requirements under the low and high density options. Minimum and maximum residential and nonresidential density and built-upon area limits shall be as indicated in the table below, or as required by the underlying zoning district, whichever is less.
3.6.1.6 Stormwater control structures.
A.
All stormwater control structures shall be designed by a North Carolina registered professional with qualifications appropriate for the type of system required. These registered professionals are defined as professional engineers, landscape architects (to the extent that the N.C.G.S. Chapter 89A allow), and land surveyors, to the extent that the design represents incidental drainage within a subdivision, as provided in the N.C.G.S. Chapter 89 (c)-3(7).
B.
All stormwater controls shall use wet detention as a primary treatment system unless alternate stormwater management measures, as outlined in subsection C., are used. Wet detention ponds shall be designed for specific pollutant removal according to modeling techniques approved by the North Carolina Division of Environmental Management. Specific requirements for these systems shall be in accordance with the following design criteria:
1.
Wet detention ponds shall be designed to remove 85 percent of total suspended solids in the permanent pool and storage runoff from a one-inch rainfall from the site above the permanent pool.
2.
The designed runoff storage volume shall be above the permanent pool.
3.
The discharge rate from these systems following the one-inch rainfall design storm shall be such that the runoff does not draw down to the permanent pool level in less than two days and that the pond is drawn down to the permanent pool level within at least five days.
4.
The mean permanent pool depth shall be a minimum of three feet.
5.
The inlet structure shall be designed to minimize turbulence using baffles or other appropriate design features.
6.
Vegetative filters shall be constructed for the overflow and discharge of all stormwater wet detention ponds and shall be at least 30 feet in length. The slope and width of the vegetative filter shall be determined so as to provide a nonerosive velocity flow-through filter for a ten-year, 24-hour storm with a ten-year, one-hour intensity with a slope of five percent or less. Vegetation in the filter shall be natural vegetation, grasses, or artificially planted wetland vegetation appropriate for the site characteristics.
C.
Alternative stormwater management systems, consisting of one treatment option or a combination of treatment options, may be used. The design criteria for approval shall be 85 percent average annual removal of total suspended solids. Also, the discharge rate shall meet one of the following criteria:
1.
The discharge rate following the one-inch design storm shall be such that the runoff draws down to the pre-storm design stage within five days, but not less than two days; or
2.
The post development peak discharge rate shall equal the predevelopment rate for the one-year, 24-hour storm.
D.
In addition to the required vegetative filters, all land areas outside of the pond shall be provided with a ground cover sufficient to restrain erosion within 30 days after any land disturbance. Upon completion of the stormwater control structure, a permanent ground cover, as described herein, shall be established and maintained as part of the maintenance agreement.
E.
A description of the area containing the stormwater control structure shall be prepared and filed as a separate deed with the county register of deeds along with any easements necessary for general access to the stormwater control structure. The deeded area shall include the stormwater control structure, vegetative filters, all pipes and water control structures, berms, dikes, etc., and sufficient area to perform inspections, maintenance, repairs, and reconstruction.
F.
Qualifying areas of the stormwater control structure may be considered pervious when computing total built-upon area. However, if the structure is used to compute the percentage built-upon area for one site, it shall not be used to compute built-upon area for any other site or area.
3.6.1.7 Operation and maintenance of stormwater control structures.
A.
Posting of financial security. All new stormwater control structures shall be conditioned on the posting of adequate financial assurance for the purpose of maintenance, repairs, or reconstruction necessary for adequate performance of the stormwater control structures. Financial assurance shall be in the form of the following:
1.
Security performance bond or other security.
a.
The permit applicant shall obtain either a performance bond from a surety bonding company authorized to do business in North Carolina, an irrevocable letter of credit or other instrument readily convertible into cash at face value payable to the Town of Angier or placed in escrow with a financial institution designated as an official depository of the Town of Angier. The bond or other instrument shall be in an amount equal to 1.25 times the total cost of the stormwater control structure, as estimated by the applicant and approved by the town engineer. The total cost of the stormwater control structure shall include all materials such as piping and other structures; seeding and soil stabilization; design and engineering; and grading, excavation, fill, etc. The cost shall not be prorated as part of a larger project, but rather under the assumption of an independent mobilization.
b.
Upon default of the permit applicant to complete and/or maintain the stormwater control structure as spelled out in the performance bond or other security, the town may obtain and use all or any portion of the funds necessary to complete the improvements based on an engineering estimate. The town shall return any funds not spent in completing the improvement to the owning entity.
2.
Cash or equivalent security deposited after the release of the performance bond.
a.
The permit applicant shall deposit with the Town of Angier either cash or other instrument approved by the town attorney that is readily convertible into cash at face value. The cash or security shall be in an amount equal to 15 percent of the total cost of the stormwater control structure or the estimated cost of maintaining the stormwater control structure over a ten-year period, whichever is greater. The estimated cost of maintaining the stormwater control structure shall be consistent with the approved operation and maintenance plan or manual provided by the developer. The amount shall be computed by estimating the maintenance cost for 25 years and multiplying this amount by two-fifths or 0.4.
b.
Upon defualt of the owning entity to maintain, repair and, if necessary, reconstruct the stormwater control structure in accordance with the operation maintenance agreement, the town shall obtain and use all or any portion of the cash security to make necessary improvements based on an engineering estimate. Such expenditure of funds shall only be made after exhausting all other reasonable remedies seeking the owning entity to comply with the terms and conditions of the operating and maintenance agreement. The town shall not return any deposited cash funds.
B.
Maintenance and upkeep.
1.
Operation and maintenance agreement required. The permit applicant shall enter into the binding operation and maintenance agreement between the Town of Angier and all interests in the development. Said agreement shall require the owning entity to maintain, repair, and if necessary, reconstruct the stormwater control structure in accordance with the operation management plan or manual provided by the developer. The developer shall file the operation and maintenance agreement with the county register of deeds.
2.
Operation and maintenance plan or manual required. An operation and maintenance plan or manual shall be provided by the developer for each stormwater control structure, indicating what operation and maintenance actions are needed, what specific quantitative criteria will be used for determining when those actions are to be taken and, consistent with the operations maintenance agreement, who is responsible for those actions. The plan shall clearly indicate the steps that will be taken for restoring a stormwater control structure to design specifications if a failure occurs.
3.
Landscaping and grounds maintenance. Landscaping and grounds management shall be the responsibility of the owning entity. However, vegetation shall not be established or allowed to mature to the extent that the integrity of the control structure is diminished or threatened, or to the extent of interfering with any easement or access to the stormwater control structure.
4.
Repair or reconstruction. Except for general landscaping and grounds management, the owning entity shall notify the administrator prior to any repair or reconstruction of the stormwater control structure. All improvements shall be made consistent with the approved plans and specifications of the stormwater control structure and the operation and maintenance plan or manual. After notification by the owning entity, the town engineer shall inspect the completed improvements and shall inform the owning entity of any required additions, changes, or modifications and of the time period to complete said improvements.
5.
Minor amendments to plans and specifications. Amendments to the plans and specifications of the stormwater control structure and/or the operation and maintenance plan or manual shall be approved by the town engineer, provided that the changes do not involve a change in the size or location of the structure. Proposed changes shall be prepared by a North Carolina registered professional engineer or landscape architect (to the extent that the N.C.G.S. Chapter 89A, allow) and submitted to and reviewed by the town engineer.
a.
If the town engineer approves the proposed changes, the owning entity of the stormwater control structure shall file sealed copies of the revisions with the administrator.
b.
If the town engineer disapproves the changes, the proposal may be revised and resubmitted to the town engineer as a new proposal. If the proposal has not been revised and is essentially the same plan that was already reviewed, it shall be returned to the applicant.
c.
The town engineer shall report any such revisions to the board of commissioners at the next regularly scheduled meeting.
6.
Major amendments to plans and specifications. Amendments to the plans and specifications of the stormwater control structure and/or the operation and maintenance plan or manual that involve a change in the size or location may be approved by the board of commissioners after receiving a recommendation from the town engineer. Proposed changes shall be prepared by a North Carolina registered professional engineer or landscape architect (to the extent that the N.C.G.S. Chapter 89A, allow) and submitted to, and reviewed by the town engineer.
7.
Revision of plan required if found to be inadequate. If the town finds that the operation and maintenance plan or manual is inadequate for any reason, the board of commissioners shall notify the owning entity of any required changes and shall prepare and file copies of the revised agreement with the county register of deeds, the town engineer, the administrator, and the owning entity.
C.
Inspection and release of the performance bond.
1.
Inspection by town engineer. The stormwater control structure shall be inspected by the town engineer after the owning entity notifies the administrator that all work has been completed. At this inspection, the owning entity shall provide:
a.
The signed deed, related easements and survey plat for the stormwater control structure ready for filing with the county register of deeds.
b.
A certification sealed by an engineer or landscape architect (to the extent that the N.C.G.S. Chapter 89A, allow) stating that the stormwater control structure is complete and consistent with the approved plans and specifications.
2.
Submittal of inspection report to town engineer. The administrator shall present the materials submitted by the developer and the inspection report and recommendations to the town engineer.
a.
If the town engineer approves the inspection report and accepts the certification, deed, and easements, the administrator shall file the deed and easements with the county register of deeds, release up to 75 percent of the value of the performance bond or other surety, and issue a zoning permit for the stormwater control structure.
b.
If deficiencies are found, the town engineer shall direct that improvements and inspections be made and/or documents corrected and resubmitted to the town engineer.
3.
Release of remaining security. No sooner than one year after the filing date of the deed, easements and maintenance agreement, the developer may petition the board of commissioners to release the remaining value of the performance bond or other security. Upon receipt of said petition, the town engineer shall inspect the stormwater control structure to determine whether the controls are performing as designed and intended. The administrator shall present the petition, inspection report, and recommendations to the board of commissioners.
a.
If the board of commissioners approve the report and accept the petition, the developer shall deposit with the Town of Angier a cash amount equal to 1.25 times the cost of the stormwater structure, after which, the board shall release the performance bond or other security.
b.
If the board of commissioners do not accept the report and rejects the petition, the board shall provide the developer with instructions to correct any deficiencies and all steps necessary for the release of the performance bond or other surety.
4.
Annual inspection required.
a.
All stormwater control structures shall be inspected at least once on an annual basis to determine whether the controls are performing as designed and intended. Records of inspections shall be maintained on forms approved or supplied by the North Carolina Division of Environmental Management. Annual inspections shall begin within one year of the filing date of the deed for the stormwater control structure.
b.
In the event the town engineer discovers the need for corrective action or improvements, he/she shall notify the administrator who shall notify the owning entity of the needed improvements and the date by which the corrective action is to be completed. All improvements shall be made consistent with the plans and specifications of the stormwater control structure and the operation plan or manual. After notification by the owning entity, the town engineer shall inspect and approve the completed improvements.
3.6.1.8 Cluster development. Cluster development in the Watershed Protection Overlay is allowed under the following conditions:
A.
Minimum lot sizes are not applicable to single-family cluster development projects; however, the total number of lots shall not exceed the number of lots allowed for single-family detached developments for the underlying zoning district in which it is located. Density or built-upon area for the project shall not exceed that allowed for the protected area.
B.
All built-upon area shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas.
C.
Areas of concentrated density development shall be located in upland area and away, to the maximum extent practicable, from surface waters and drainageways.
D.
The remainder of the tract shall remain in a vegetated or natural state. The title to the open space area shall be conveyed to an incorporated homeowners association for management; to a local government for preservation as a park or open space; or to a conservation organization for preservation in a permanent easement. Where a property association is not incorporated, a maintenance agreement shall be filed with the property deeds.
E.
Cluster developments that meet the applicable Low Density requirements shall transport stormwater runoff by vegetated conveyances to the maximum extent practicable.
3.6.1.9 Stream buffers required.
A.
A minimum 100-foot vegetative stream buffer is required for all new development activities that exceed the low density option; otherwise, a minimum 30-foot vegetative stream buffer for development activities is required along all perennial waters indicated on the most recent versions of USGS 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies. Desirable artificial stream bank or shoreline stabilization approved by the administrator is permitted.
B.
No new development is allowed in stream buffers except for water dependent structures, other structures such as flag poles, signs and security lights that result in only diminutive increases in impervious area and public projects such as street crossings and greenways where no practical alternative exists. These activities should minimize built-upon surface area, direct runoff away from surface waters, and maximize the utilization of stormwater Best Management Practices (BMP's).
3.6.2 Flood Damage Prevention Overlay (FDP-O). The following regulations were adopted September 5, 2006 in accordance with the state model ordinance:
3.6.2.1 Statutory authorization, findings of fact, purpose, and objectives.
A.
Statutory authorization. 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 160D; 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.
Therefore, the Board of Commissioners of the Town of Angier, North Carolina, does ordain as follows:
B.
Findings of fact.
1.
The flood prone areas within the planning and development regulation jurisdiction of Town of Angier 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.
C.
Statement of purpose. It is the purpose of this overlay 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.
D.
Objectives. The objectives of this overlay 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, streets, and bridges) that are located in flood prone areas;
6.
Help maintain a stable tax base by providing for the sound use and development of flood prone areas; and
7.
Ensure that potential buyers are aware that property is in a special flood hazard area.
3.6.2.2 Definitions.
Definitions for the Flood Damage Prevention Overlay are contained in Appendix A Definitions under "Flood Damage Prevention Overlay Definitions".
3.6.2.3 General provisions.
A.
Lands to which this overlay applies. This overlay shall apply to all special flood hazard areas within the planning and development regulation jurisdiction, including Extra-Territorial Jurisdictions (ETJs), of the Town of Angier and within the jurisdiction of any other community whose governing body agrees, by ordinance, to such applicability.
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 flood insurance study (FIS) and its accompanying flood insurance rate maps (FIRM), for Harnett County dated October 3, 2006, which are adopted by reference and declared to be a part of this overlay.
C.
Establishment of floodplain development permit. A floodplain development permit shall be required in conformance with the provisions of this overlay prior to the commencement of any development activities within special flood hazard areas determined in accordance with the provisions of subsection B.
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 overlay and other applicable regulations.
E.
Abrogation and greater restrictions. This overlay is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this overlay and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
F.
Interpretation. In the interpretation and application of this overlay, all provisions shall be:
1.
Considered as minimum requirements;
2.
Liberally construed in favor of the governing body; and
3.
Deemed neither to limit nor repeal any other powers granted under state statutes.
G.
Warning and disclaimer of liability. The degree of flood protection required by this overlay 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 manmade or natural causes. This overlay 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 overlay shall not create liability on the part of the Town of Angier or by any officer or employee thereof for any flood damages that result from reliance on this overlay or any administrative decision lawfully made hereunder.
H.
Penalties for violation. Violation of the provisions of this overlay 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 overlay or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $50.00 or imprisoned for not more than 30 days, or both. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Town of Angier from taking such other lawful action as is necessary to prevent or remedy any violation.
3.6.2.4 Administration.
A.
Designation of floodplain administrator. The town manager or his/her designee, hereinafter referred to as the "Floodplain Administrator", is hereby appointed to administer and implement the provisions of this overlay.
B.
Floodplain development application, permit, and certification requirements.
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;
ii)
Existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;
iii)
The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in Section 3.6.2.3 B., or a statement that the entire lot is within the special flood hazard area;
iv)
Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in Section 3.6.2.3 B.;
v)
The boundary of the floodway(s) or nonencroachment area(s) as determined in Section 3.6.2.3 B.;
vi)
The base flood elevation (BFE) where provided as set forth in Section 3.6.2.3 B.; Section 3.6.2.4 C.; or Section 3.6.2.5 D.;
vii)
The old and new location of any watercourse that will be altered or relocated as a result of proposed development; and
viii)
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 mean sea level of the proposed reference level (including basement) of all structures;
(ii)
Elevation in relation to mean sea level to which any nonresidential structure in Zone AE, A or AO will be floodproofed; and
(iii)
Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed.
c.
If floodproofing, a floodproofing certificate (FEMA Form 81-65) with supporting data, an operational plan, and an inspection and maintenance plan that include, but are not limited to, installation, exercise, and maintenance of floodproofing measures.
d.
A foundation plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this overlay 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 Section 3.6.2.5 (B)(4)(c) when solid foundation perimeter walls are used in Zones A, AO, AE, and A1-30.
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 Section 3.6.2.5 (B) (6 and 7), 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 description of the development to be permitted under the floodplain development permit.
b.
The special flood hazard area determination for the proposed development in accordance with available data specified in Section 3.6.2.3 (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 nonencroachment area of any watercourse, as applicable.
g.
The flood openings requirements, if in Zones A, AO, AE or A1-30.
3.
Certification requirements.
a.
Elevation certificates.
(i)
An elevation certificate (FEMA Form 81-31) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of the elevation of the reference level, in relation to mean sea level. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.
(ii)
An elevation certificate (FEMA Form 81-31) is required after the reference level is established. Within seven calendar days of establishment of the reference level elevation, it shall be the duty of the permit holder to submit to the floodplain administrator a certification of the elevation of the reference level, in relation to mean sea level. Any work done within the seven-day calendar period and prior to submission of the certification shall be at the permit holder's risk. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project.
(iii)
A final as-built elevation certificate (FEMA Form 81-31) is required after construction is completed and prior to certificate of compliance/occupancy issuance. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to certificate of 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 occupancy.
b.
Floodproofing certificate. If nonresidential floodproofing is used to meet the regulatory flood protection elevation requirements, a floodproofing certificate (FEMA Form 81-65), 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 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, 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 occupancy.
c.
If a manufactured home is placed within Zones A, AO, AE, or A1-30 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 Section 3.6.2.5 (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 Zone A, AO, AE or A1-30, are exempt from the elevation/floodproofing certification requirements specified in items (a) and (b) of this subsection:
(i)
Recreational Vehicles meeting requirements of Section 3.6.2.5 (B)(6)(a);
(ii)
Temporary Structures meeting requirements of Section 3.6.2.5 (B)(7); and
(iii)
Accessory Structures less than 150 square feet meeting requirements of Section 3.6.2.5 (B)(8).
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 overlay have been satisfied.
2.
Advise applicant that additional federal or state permits may be required, and review all proposed development within special flood hazard areas to assure that all necessary local, state and federal permits have been received.
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.
Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained and is not diminished.
5.
Prevent encroachments into floodways and nonencroachment areas unless the certification and flood hazard reduction provisions of Section 3.6.2.5 (F) are met.
6.
Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and all attendant utilities of all new and substantially improved structures, in accordance with the provisions of Section 3.6.2.4 (B)(3).
7.
Obtain actual elevation (in relation to mean sea level) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the provisions of Section 3.6.2.4 (B)(3).
8.
Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of Section 3.6.2.4 (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 Section 3.6.2.4 (B)(3) and Section 3.6.2.5 (B)(2).
10.
Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas, floodways, or nonencroachment 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 section.
11.
When base flood elevation (BFE) data have not been provided in accordance with the provisions of Section 3.6.2.3 (B), obtain, review, and reasonably utilize any BFE data, along with floodway data or nonencroachment area data available from a federal, state, or other source, including data developed pursuant to Section 3.6.2.5 (D)(2)(b), in order to administer the provisions of this overlay.
12.
When base flood elevation (BFE) data are provided but no floodway or nonencroachment area data have been provided in accordance with the provisions of Section 3.6.2.3 (B), obtain, review, and reasonably utilize any floodway data or nonencroachment area data available from a federal, state, or other source in order to administer the provisions of this overlay.
13.
When the lowest ground level elevation (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 base flood elevation (BFE), advise the property owner of the option to apply for a letter of map amendment (LOMA) from FEMA. 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 overlay 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 overlay 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 planning and development regulation jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action. Appropriate consent must be given for inspection of areas not open to the public, or an appropriate inspection warrant must be secured.
16.
Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this overlay, 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 planning and development regulation jurisdiction of the community. The floodplain administrator and each member of his or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the planning and development regulation jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action. Appropriate consent must be given for inspection of areas not open to the public, or an appropriate inspection warrant must be secured.
19.
Follow through with corrective procedures of Section 3.6.2.4 (D).
20.
Review, provide input, and make recommendations for variance requests.
21.
Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and other official flood maps and studies adopted in accordance with the provisions of section 3.6.2.3 (B) of this overlay, including any revisions thereto including letters of map change, issued by FEMA. Notify state and FEMA of mapping needs. Maps are available to the public on file and electronically.
22.
Coordinate revisions to FIS reports and FIRMs, including letters of map revision based on fill (LOMR-Fs) and letters of map revision (LOMRs).
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 and occupant of the building of the violation in writing. 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 an administrative hearing will be held before the floodplain administrator at a designated place and time, not later than ten 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 administrative 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 an administrative 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 overlay, 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 60 calendar days, nor more than 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 local elected governing body by giving notice of appeal in writing to the floodplain administrator and the clerk within 30 days following issuance of the final order. In the absence of an appeal, the order of the floodplain administrator shall be final. The board of adjustment shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.
5.
Failure to comply with order. If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the board of commissioners following an appeal, the owner shall be guilty of a misdemeanor and shall be punished at the discretion of the court.
E.
Variance procedures.
1.
The board of adjustment as established by the Town of Angier, hereinafter referred to as the "appeal board", shall hear and decide requests for variances from the requirements of this overlay.
2.
Any person aggrieved by the decision of the appeal board may appeal such decision to the court, as provided in N.C.G.A. Chapter 7A.
3.
Variances may be issued for:
a.
The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure;
b.
Functionally dependent facilities, provided provisions of Section 3.6.2.4, (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 overlay, 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 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 overlay, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes and objectives of this overlay.
7.
Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation (BFE) and the elevation to which the structure is to be built and that such construction below the BFE increases risks to life and property, and that the issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance up to $25.00 per $100.00 of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.
8.
The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and the State of North Carolina upon request.
9.
Conditions for variances:
a.
Variances shall not be issued when the variance will make the structure in violation of other federal, state, or local laws, regulations, or overlays.
b.
Variances shall not be issued within any designated floodway or nonencroachment 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 overlays.
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.
The Town of Angier has notified the Secretary of the North Carolina Department of Crime Control and Public Safety of its intention to grant a variance at least 30 calendar days prior to granting the variance.
3.6.2.5 Provisions for flood hazard reduction.
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.
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 to the regulatory flood protection elevation. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, hot water heaters, and electric outlets/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 minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
7.
On-site 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 overlay, shall meet the requirements of "new construction" as contained in this overlay.
9.
Nothing in this overlay shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this overlay and located totally or partially within the floodway, nonencroachment area, or stream setback, provided there is no additional encroachment below the Regulatory Flood Protection Elevation in the floodway, nonencroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this overlay.
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 3.6.2.4 (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 Section 3.6.2.4 (B)(3).
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.
15.
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.
16.
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 base flood elevation (BFE) shall apply.
B.
Specific standards. In all special flood hazard areas where base flood elevation (BFE) data has been provided, as set forth in Section 3.6.2.3 (B) or Section 3.6.2.5 (D), the following provisions, in addition to the provisions of Section 3.6.2.5 (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.
2.
Nonresidential construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation. Structures located in A, AE, AO, and A1-30 Zones 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 floodproofing elevation shall be in accordance with Section 3.6.2.5 (G)(2). A registered professional engineer or architect shall certify that the floodproofing standards of this subsection are satisfied. Such certification shall be provided to the floodplain administrator as set forth in Section 3.6.2.4 (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.
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 N.C.G.S. 143—143.15. Additionally, when the elevation would be met by an elevation of the chassis 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 36 inches in height, an engineering certification is required.
c.
All enclosures or skirting below the lowest floor shall meet the requirements of Section 3.6.2.5 (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:
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 at least to the regulatory flood protection elevation; and
c.
Shall include, in Zones A, AO, AE, and A1-30, 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 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 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 nonconforming 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 nonresidential 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 (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;
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 Section 3.6.2.5 (A)(1);
f.
All service facilities such as electrical shall be installed in accordance with the provisions of Section 3.6.2.5 (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 Section 3.6.2.5 (B)(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. Elevation or floodproofing certifications are required for all other accessory structures in accordance with Section 3.6.2.4 (B)(3).
C.
(Reserved).
D.
Standards for floodplains without established base flood elevations. Within the special flood hazard areas designated as approximate Zone A and established in Section 3.6.2.3 (B), where no base flood elevation (BFE) data have been provided by FEMA, the following provisions, in addition to the provisions of Section 3.6.2.5 (A), shall apply:
1.
No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of 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 base flood elevation (BFE) data are available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this overlay and shall be elevated or floodproofed in accordance with standards in Section 3.6.2.5 (A and B).
b.
When floodway or nonencroachment data are available from a federal, state, or other source, all new construction and substantial improvements within floodway and nonencroachment areas shall also comply with the requirements of Section 3.6.2.5 (B and F).
c.
All subdivision, manufactured home park and other development proposals shall provide base flood elevation (BFE) data if development is greater than five acres or has more than 50 lots/manufactured home sites. Such BFE data shall be adopted by reference in accordance with the provisions of Section 3.6.2.3 (B) and utilized in implementing this overlay.
d.
When base flood elevation (BFE) data are 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. All other applicable provisions of Section 3.6.2.5 (B) shall also apply.
E.
Standards for riverine floodplains with base flood elevations but without established floodways or nonencroachment areas. Along rivers and streams where base flood elevation (BFE) data is provided by FEMA or is available from another source but neither floodway nor nonencroachment 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 Section 3.6.2.5 (A and B); and
2.
Until a regulatory floodway or nonencroachment 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 foot at any point within the community.
F.
Floodways and nonencroachment areas. Areas designated as floodways or nonencroachment areas are located within the special flood hazard areas established in Section 3.6.2.3 (B). The floodways and nonencroachment 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 the standards outlined in Section 3.6.2.5 (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, 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 3.6.2.5 (F)(1) is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this overlay.
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 3.6.2.5 (B)(3); and
b.
The no encroachment standard of Section 3.6.2.5 (F)(1).
G.
Standards for areas of shallow flooding (Zone AO). Located within the special flood hazard areas established in Section 3.6.2.3 (B), are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to Section 3.6.2.5 (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 two feet, above the highest adjacent grade; or at least two feet above the highest adjacent grade if no depth number is specified.
2.
Nonresidential structures may, in lieu of elevation, be floodproofed to the same level as required in Section 3.6.2.5 (G)(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 Section 3.6.2.4 (B)(3) and Section 3.6.2.5 (B)(2).
3.
Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
3.6.2.6 Legal status provisions.
A.
Effect on rights and liabilities under the existing Flood Damage Prevention Ordinance. This overlay in part comes forward by re-enactment of some of the provisions of the Flood Damage Prevention Ordinance enacted November 4, 1997 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 overlay shall not affect any action, suit or proceeding instituted or pending. All provisions of the flood damage prevention overlay of the Town of Angier enacted on November 4, 1997 as amended, which are not reenacted herein are repealed.
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 overlay; provided, however, that when construction is not begun under such outstanding permit within a period of six months subsequent to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of this overlay.
(Ord. of 6-1-2021)