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 Cleveland County dated February 20, 2008, which are adopted by reference and declared to be a part of this chapter. These special flood hazard areas shall comprise the floodplain overlay zoning district as established in section 12-131.

(Amd. of 2-5-08)

The objectives of this article are to:

(a)

Protect human life, safety, and health;

(b)

Minimize expenditure of public money for costly flood control projects;

(c)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(d)

Minimize prolonged business losses and interruptions;

(e)

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;

(f)

Help maintain a stable tax base by providing for the sound use and development of flood-prone areas; and

(g)

Ensure that potential buyers are aware that property is in a special flood hazard area.

(Amd. of 2-5-08)

The degree of flood protection required by this article 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 article 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. The ordinance shall not create liability on the part of Cleveland County or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made.

(Amd. of 2-5-08)

(a)

Application requirements. Application for a floodplain development permit shall be made to the administrator designated in section 12-255 prior to any development activities located within special flood hazard areas (SFHA). The following items shall be required with the application:

(1)

A site plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed development:

a.

The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;

b.

The boundary of the SFHA as delineated on the FIRM or other flood map as referenced in section 12-251;

c.

Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map referenced in section 12-251;

d.

The boundary of the floodway(s) or non-encroachment area(s) referenced in section 12-251;

e.

The base flood elevation (BFE) where provided, as set forth in sections 12-251, 12-256;

f.

The old and new location of any watercourse that will be altered or relocated as a result of proposed development.

(2)

Proposed elevation, and method of development within a SFHA including but not limited to:

a.

Elevation (MSL) of the proposed reference level (including basement) of all structures;

b.

Elevation (MSL) to which any nonresidential structure in zone AE or A will be floodproofed; and

c.

Elevation (MSL) to which any proposed utility systems will be elevated or floodproofed.

(3)

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

(4)

A foundation plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this division are met. These details include but are not limited to:

a.

The proposed method of elevation, if applicable (fill, solid foundation perimeter wall, solid backfilled foundation, open foundation, open foundation on columns/posts/piers/piles/shear walls); and

b.

Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with section 12-258(d)(3).

(b)

Permit requirements. The floodplain development permit shall include, but not limited to:

(1)

A description of the development to be permitted under the floodplain development permit.

(2)

The SFHA determination for the proposed development in accordance with available data referenced in section 12-251.

(3)

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

(4)

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

(5)

All certification submittal requirements with timelines.

(6)

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

(7)

The flood opening requirements, if located in zones A, AE or A1-30.

(c)

Certification requirements.

(1)

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 compliance/occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a certificate of compliance/occupancy.

(2)

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 administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to MSL. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified. The administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected in the review shall be corrected before the permit is issued. 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.

(3)

If a manufactured home is set up within zone A, AE, or A1-30 and the elevation of the chassis is more than thirty-six (36) inches in height above grade, and engineered foundation certification is required in accordance with the provisions of section 12-258(c)(2).

(4)

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.

(5)

Certification exemptions. The following structures, if located within zone A, AE or A1-30, are exempt from the elevation/floodproofing certification requirements specified in items (1) and (2) of this subsection:

a.

Recreational vehicles meeting requirements of section 12-258(f)(1);

b.

Temporary structures meeting requirements of section 12-258(g);

c.

Accessory structures less than one hundred fifty (150) square feet meeting requirements of section 12-258(h).

(Amd. of 2-5-08)

The county planner or his/her designee, hereinafter referred to as the "administrator", is hereby appointed to administer and implement the provisions of this article.

(Amd. of 2-5-08)

The administrator shall perform, but not be limited to, the following duties:

(a)

Review all floodplain development applications and issue permits for all proposed development within SFHA to assure that the requirements of this article have been satisfied.

(b)

Review all proposed development within SFHA to assure that all necessary local, state, and federal permits have been received.

(c)

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).

(d)

Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained.

(e)

Prevent encroachments into floodways and non-encroachment areas unless the certification and flood hazard reduction provisions of section 12-261 are met.

(f)

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 section 12-243(c).

(g)

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 12-254(c).

(h)

Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of section 12-254(c).

(i)

When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with the provisions of section 12-254(c) and section 12-258(b).

(j)

Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas, floodways, or non-encroachment areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article.

(k)

When base flood elevation (BFE) data has not been provided in accordance with section 12-251, obtain, review, and reasonably utilize any base flood elevation (BFE) data, along with floodway data or non-encroachment area data available from a federal, state, or other source, including data developed pursuant to section 12-259(b)(2), in order to administer the provisions of this division.

(l)

When base flood elevation (BFE) data is provided but no floodway or non-encroachment area data has been provided in accordance with section 12-251, obtain, review, and reasonably utilize any floodway data or non-encroachment area data available from a federal, state, or other source in order to administer the provisions of this division.

(m)

When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a parcel in a special flood hazard area is above the base flood elevation, advise the property owner of the option to apply for a letter of map amendment (LOMA) from FEMA. Maintain a copy of the letter of map amendment (LOMA) issued by FEMA in the floodplain development permit file.

(n)

Permanently maintain all records that pertain to the administration of this division and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended.

(o)

Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action.

(p)

Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this division, the 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.

(q)

Revoke floodplain development permits as required. The 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.

(r)

Make periodic inspections throughout the special flood hazard areas within the jurisdiction of the community. The administrator and each member of his or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.

(s)

Follow through with corrective procedures of section 12-93.

(t)

Review, provide input, and make recommendations for variance requests.

(u)

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 section 12-251, including any revisions thereto including letters of map change, issued by FEMA. Notify state and FEMA of mapping needs.

(v)

Coordinate revisions to FIS reports and FIRMs, including letters of map revision based on fill (LOMR-F) and letters of map revision (LOMR).

(Amd. of 2-5-08)

In all special flood hazard areas the following provisions are required:

(a)

All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure.

(b)

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(c)

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

(d)

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.

(e)

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(f)

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.

(g)

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

(h)

Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the provisions of this division, shall meet the requirements of "new construction" as contained in this division.

(i)

Nothing in this division shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this division and located totally or partially within the floodway, non-encroachment area, or stream setback, provided there is no additional encroachment below the regulatory flood protection elevation in the floodway, non-encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this division.

(j)

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 12-62. 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 12-254(c)(1).

(k)

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

(l)

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.

(m)

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

(n)

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.

(o)

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.

(p)

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 shall apply.

(Amd. of 2-5-08)

In all special flood hazard areas where base flood elevation (BFE) data has been provided, as set forth in section 12-252 or section 12-259, the following provisions, in addition to the provisions of section 12-257, are required:

(a)

Residential construction. New construction and substantial improvement of any residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in section 12-21.

(b)

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, as defined in section 12-21. Structures located in A, AE, 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. A registered professional engineer or architect shall certify that the floodproofing standards of this subsection are satisfied. Such certification shall be provided to the administrator as set forth in section 12-244(c), along with the operational plan and the inspection and maintenance plan.

(c)

Manufactured homes.

(1)

New and replacement manufactured homes shall be elevated so that the reference level of the manufactured home is no lower than the regulatory flood protection elevation, as defined in section 12-21 of this article.

(2)

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 G.S. § 143-143.15. Additionally, when the elevation would be met by an elevation of the chassis thirty-six (36) inches or less above the grade at the site, the chassis shall be supported by reinforced piers or engineered foundation. When the elevation of the chassis is above thirty-six (36) inches in height, an engineering certification is required.

(3)

All enclosures or skirting below the lowest floor shall meet the requirements of section 12-258(d).

(4)

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 floodprone areas. This plan shall be filed with and approved by the administrator and the emergency management director.

(d)

Elevated buildings. Fully enclosed area, of new construction and substantially improved structures, which is below the lowest floor:

(1)

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;

(2)

Shall be constructed entirely of flood resistant materials at least to the regulatory flood protection elevation;

(3)

Shall include, in zones A, 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:

a.

A minimum of two (2) flood openings on different sides of each enclosed area subject to flooding;

b.

The total net area of all flood openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding;

c.

If a building has more than one (1) enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit;

d.

The bottom of all required flood openings shall be no higher than one (1) foot above the adjacent grade;

e.

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

f.

Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above.

(e)

Additions/improvements.

(1)

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:

a.

Not a substantial improvement, the addition and/or improvements must be designed to minimize flood damages and must not be any more non-conforming than the existing structure.

b.

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

(2)

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.

(3)

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:

a.

Not a substantial improvement, the addition and/or improvements only must comply with the standards for new construction.

b.

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

(f)

Recreational vehicles. Recreational vehicles shall either:

(1)

Be on site for fewer than one hundred eighty (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

(2)

Meet all the requirements for new construction.

(g)

Temporary nonresidential structures. Prior to the issuance of a floodplain development permit for a temporary structure, the applicant must submit to the 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 administrator for review and written approval:

(1)

A specified time period for which the temporary use will be permitted. Time specified may not exceed three (3) months, renewable up to one (1) year;

(2)

The name, address, and phone number of the individual responsible for the removal of the temporary structure;

(3)

The time frame prior to the event at which a structure will be removed (i.e., minimum of seventy-two (72) hours before landfall of a hurricane or immediately upon flood warning notification);

(4)

A copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure; and

(5)

Designation, accompanied by documentation, of a location outside the special flood hazard area, to which the temporary structure will be moved.

(h)

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:

(1)

Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking or restroom areas);

(2)

Accessory structures shall not be temperature-controlled;

(3)

Accessory structures shall be designed to have low flood damage potential;

(4)

Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;

(5)

Accessory structures shall be firmly anchored in accordance with the provisions of section 12-257(a);

(6)

All service facilities such as electrical shall be installed in accordance with the provisions of section 12-257(d); and

(7)

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 12-258(d).

An accessory structure with a footprint less than one hundred fifty (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 12-244(c).

(Amd. of 2-5-08)

Within the special flood hazard areas designated as approximate zone A and established in section 12-252, where no base flood elevation (BFE) data has been provided by FEMA, the following provisions, in addition to the provisions of section 12-257, shall apply:

(a)

No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of twenty (20) feet each side from top of bank or five (5) 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.

(b)

The BFE used in determining the regulatory flood protection elevation shall be determined based on the following criteria:

(1)

When base flood elevation (BFE) data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this division and shall be elevated or floodproofed in accordance with standards in sections 12-257 and 12-258.

(2)

When floodway or non-encroachment area data is available from a federal, state, or other source, all new construction and substantial improvements within floodway and non-encroachment areas shall also comply with the requirements of sections 12-258 and 12-261.

(3)

All subdivision, manufactured home park and other development proposals shall provide base flood elevation (BFE) data if development is greater than five (5) acres or has more than fifty (50) lots/manufactured home sites. Such base flood elevation (BFE) data shall be adopted by reference in accordance with section 12-252 and utilized in implementing this article.

(4)

When base flood elevation (BFE) data is not available from a federal, state, or other source as outlined above, the reference level shall be elevated or floodproofed (nonresidential) to or above the regulatory flood protection elevation, as defined in section 12-21. All other applicable provisions of section 12-258 shall also apply.

(Amd. of 2-5-08)

Along rivers and streams where BFE data is provided by FEMA or is available from another source but neither floodway nor non-encroachment areas are identified for a SFHA on the FIRM or in the FIS report, the following requirements shall apply to all development within such areas:

(a)

Standards of sections 12-257 and 12-258; and

(b)

Until a regulatory floodway or non-encroachment area is designated, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community.

(Amd. of 2-5-08)

Areas designated as floodways or non-encroachment areas are located within the SFHA established in section 12-251. The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to standards outlined in sections 12-257 and 12-258, shall apply to all development within such areas:

(a)

No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless:

(1)

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

(2)

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.

(b)

If section 12-261(a) is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this article.

(c)

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

(d)

The anchoring and the elevation standards of section 12-258(c); and

(e)

The no encroachment standard of section 12-261(a).

(Amd. of 2-5-08)

This article in part comes forward by re-enactment of some of the provisions of the Flood Damage Prevention Ordinance enacted October 3, 1995, 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 are reserved and may be enforced. The enactment of this article shall not affect any action, suit or proceeding instituted or pending.

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 division; provided, however, that when construction is not begun under such outstanding permit within a period of six (6) months subsequent to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of this division.

(Amd. of 2-5-08)

(a)

To the extent practicable, all development shall conform to the natural contours of the land and natural and existing manmade drainage ways shall remain undisturbed.

(b)

To the extent practicable, lot boundaries shall be made to coincide with natural and preexisting manmade drainage ways within subdivisions to avoid the creation of lots that can be built upon only by altering such drainage ways.

(a)

All developments shall be provided with a drainage system that is adequate to prevent the undue retention of surface water on the development site. Surface water shall not be regarded as unduly retained if:

(1)

The retention results from a technique, practice or device deliberately installed as part of an approved sedimentation control plan; or

(2)

The retention is not substantially different in location or degree than that experienced by the development site in its predevelopment stage, unless such retention presents a danger to health or safety.

(b)

No surface water may be channeled or directed into a sanitary sewer.

(c)

Whenever practicable, the drainage system of a development shall coordinate with and connect to the drainage systems or drainage ways on surrounding properties or streets.

(d)

Drainage swales, curbs and gutters, and storm drains shall be constructed in accordance with North Carolina Department of Transportation minimum standards.

All developments shall be constructed and maintained so adjacent properties are not unreasonably burdened with surface waters as a result of such developments. More specifically:

(1)

No development may be constructed or maintained so that such development unreasonably impedes the natural flow of water from higher adjacent properties across such development, thereby unreasonably causing substantial damage to such higher adjacent properties; and

(2)

No development may be constructed or maintained so that surface waters from such development are unreasonably collected and channeled onto lower adjacent properties at such locations or at such volumes as to cause substantial damage to such lower adjacent properties.

(a)

No zoning or special use permit may be issued and final approval for subdivisions may not be given with respect to any development that would cause land disturbing activity subject to the jurisdiction of the North Carolina Sedimentation Control Commission, under section G.S. § 113A-57(4), unless the commission has certified to the county either that:

(1)

An erosion control plan has been submitted to and approved by the division of environmental management, land quality section.

(2)

The sedimentation control commission has examined the preliminary plans for the development and it reasonably appears that an erosion control plan can be approved upon submission by the developer of more detailed construction or design drawings. However, in this case, construction of this development may not begin (and no building permits may be issued) until the commission approves the erosion control plan.

(b)

For purposes of this section, land disturbing activity means any use of the land by any person in residential, industrial, educational, institutional, or commercial development, and highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation, except activities that are exempt under section G.S. § 113A-52.01. Sedimentation occurs whenever solid particulate matter, mineral or organic, is transported by water, air, gravity or ice from the site of its origin.

(Amd. of 4-1-08, § 39)