Chapter 18. FLOOD DAMAGE PREVENTION  Chapter 18. FLOOD DAMAGE PREVENTION  State law elerencely-Authorty, to regulate flood hazard areas, G.S.: 143-215.54 ets seq.  Town of Vanceboro, North Carolina, Code of Ordinances  Pageiof27    ARTICLEL.STATUTORY, AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES  ARTICEL.STATUTOR/AUTHORZATION, FINDINGS OF FACT, PURPOSE. AND  OBJECTIVES  Sec. 18-1. Statutory authorization.  The Legislature oft the State of North Carolinal hasi in Part 6, Article 21 of Chapter 143; Article 60 of Chapter 153A; Article 8 of Chapter 160A; and Article 7, 9, and 11 of Chapter 160D ofthe North Carolina General Statutes, delegated to local governmental unitst the authority to adoptr regulations designed to promote the publicl health, Therefore, the Board of Aldermen of Town of Vanceboro, North Carolina, does ordain asi follows.  safety, and general welfare.  Sec. 18-2. Findings of fact.  (1) Thei floodprone areas within thej jurisdiction of Town of Vanceboro ares subject to periodic inundation which resultsi in loss ofl life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, andi impairment oft thet tax base, all (2) These floodl losses are caused by the cumulative effect of obstructions inf floodplains causing increasesi in flood heights and velocities, and byt the occupancyi in floodprone areas by uses vulnerable to floods or hazardous to other lands which are nadequately elevated, floodproofed, or otherwise unprotected from  ofwhich adversely affect the public health, safety, and general welfare.  flood damages.  Sec. 18-3. Statement of purpose.  Itist thep purpose oft this chapter to promote public health, safety, and general welfare and to minimize public (1) Restrict or prohibit uses which are dangerous to health, safety, and property duet to water or erosion hazards, or which result in damagingi increasesi ine erosion, flood heights or velocities; (2) Require that uses vulnerable tot floods, including facilities which serve: such uses, be protected against (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which (4) Control filling, grading, dredging, and all other development which may increase erosion ori flood (5) Prevent or regulate the construction ofi flood barriers which will unnaturally diverti floodwaters or  and private losses duet to flood conditions within floodprone areas by provisions designed to:  flood damage at the time ofi initial construction; are involved int thea accommodation of flood waters;  damage; and  which mayi increase flood hazards to other lands.  Town of Vanceboro, North Carolina, Code of Ordinances  Created: 2022-12-19 15:05:36 [EST)  (Supp. No. 11)  Page 2of27    Sec. 18-4. Objectives.  The objectives of this chapter are: (1) To protect human life and! health;  (2) To minimize expenditure of public moneyi for costly flood control projects;  (3). To minimize ther needi for rescue and relief efforts associated with flooding and generally undertaken: at (5). To minimize damage to public facilities and utilities (i.e., water and gasr mains, electric, telephone, cable ands sewer lines, streets, and bridges) thata arel located in floodprone areas; (6) Minimize damage to private and public property duet tof flooding; (7) Make flood insurance available tot the community through the National Flood Insurance Program; (8) Maintain the natural and beneficial functions oft floodplains; (9) To help maintain: a stable tax base by providing for thes sound use and development off floodprone areas in such a manner: as to minimize flood blight areas; and (10) To ensuret that potential homebuyers are notified that property isi in as special flood hazard area.  the expense oft the general public;  (4) To minimize prolonged business losses andi interruptions;  ARTICLE I. DEFINITIONS  Sec. 18-5. Definitions.  Unless specifically defined below, words or phrases usedi int this chapter shall be interpreted: so ast to give them the meaning they havei in common usage andt to givet this chapter its most reasonable application. Access means as structure whichi is located ont the same parcel of property as the principal structure and the use ofv whichi is incidental tot the use oft thep principal structure. Garages, carports and storage sheds are common urban accessory structures. Pole barns, hays sheds and thel like qualify as accessory: structures ont farms, and may or Addition (to ane existing building) means ane extension ori increase in thet floor area or height ofal building or Alteration of a watercourse means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional: area oft the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity oft the riverine flow of water Appeal means ar request for a review oft thei floodplain administrator's interpretation of any provision oft this Area ofs shallow flooding means a designated Zone AO or AH on a community's floodi insurance rate map (FIRM) with base flood depths determined" to bet from one tot threet feet. These areas are located where a clearly defined channel does not exist, where the path ofi flooding is unpredictable andi indeterminate, and where velocity  may not bel located on the same parcel as thef farm dwelling or shop building.  structure.  during conditions oft the baset flood.  chapter.  flow may be evident. (Supp. No. 11)  Created: 2022-12-19 15:05:35 [EST]  Page 3of27    Area ofs special flood hazard: See' "special flood hazard area (SFHA)."  Base flood means the flood having ac one percent chance of being equaled ore exceeded in any giveny year. Base flood elevation (BFE) means a determination oft the water surface elevations oft thel basei flood as published int thei floodi insurance study. When the BFE! has not been provided ina a' "special flood hazard area",it may be obtained from engineering studies available froma a federal, state, or other source using FEMA: approved engineering methodologies. This elevation, when combined with the' 'freeboard", establishes the" "regulatory flood Basement means anya area of the! building having its floors subgrade (below ground level) on alls sides. Breakaway wall means a wall that is not part oft thes structural support of theb building andi isi intended through its design and construction to collapse under specific lateral loading forces without causing damage to the  protection elevation".  elevated portion of the! building ort the supporting foundation system. fort thes storage of any chemical or chemically reactive products. Design flood: See' "regulatory flood protection elevation."  Building: See' 'structure".  Chemical storage facility means a building, portion ofab building, or exterior area adjacent to al building used Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or Development activity means any activity defined as development whichy will necessitate a floodplain development permit. Thisi includes buildings, structures, and non-structural items, including (but not limited to) fill, bulkheads, piers, pools, docks, landings, ramps, and erosion control/stalbilzation measures. Digital flood insurance rate map (DFIRM) means the digital official map ofac community, issued byt the Federal Emergency Management: Agency (FEMA), on which both the special flood hazard areas andt ther risk Disposal defined asi in G.S. 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid wastei into or on any land or water so that thes solid waste or any constituent part of thes solid waste may enter the environment or be emitted. into the air or discharged into any waters, including  storage of equipment or materials.  premium: zones applicable to the community: are delineated.  groundwaters.  Elevated building means ar non-basement building which hasi its reference level raised above ground level by Encroachment means the advance ori infringement of uses, fill, excavation, buildings, permanent structures orc development into ai floodplain, which mayi impede or alter thet flow capacity ofai floodplain. Existing building and existing structure means any building and/or structure for which the' "start of construction" commenced before May 4, 1987, the effective date oft thei initial FIRM. Existing manufactured home park or manufactured home subdivision means a manufactured home park or subdivision for which the construction ofi facilities for servicing thel lots on which the manufactured homes aret to be affixed (including, at a minimum, thei installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) completed before the effective date oft thei initial floodplain management Flood or flooding means a general and temporary condition of partial or complete inundation of normally dryl land  foundation walls, shear walls, posts, piers, pilings, or columns.  regulations for the community, dated April 6, 1987.  areas from:  (1) The overflow of inland ort tidal waters; and  (2) The unusual andr rapid accumulation of runoff ofs surface waters from: any: source.  Page 4of27    Flood boundary andj floodway map (FBFM) means an official map ofa community, issued byt the Federal Emergency Management: Agency, on which the special flood hazard areas andt thet floodways are delineated. This official mapi is a supplement to and: shall be usedi in conjunction with thef floodi insurance rate map (FIRM). Flood hazard boundary map (FHBM) means an official map ofa a community, issued by the Federal Emergency Management Agency, where the! boundaries oft the special flood hazard areas have been defined as zone A. Floodi insurance means thei insurance coverage provided under the National Flood Insurance Program. Flood insurance rate map (FIRM) means an official map of a community, issued byt the Federal Emergency Management: Agency, on which both thes special flood hazard areas and the risk premium zones applicable to the Floodi insurance study (FIS) means ane examination, evaluation, and determination of flood! hazard areas, corresponding water surface elevations (ifa appropriate), flood insurance riskz zones, and otheri flood datai ina community issued by FEMA. Thei floodi insurance. study reporti includes flood insurance rate maps (FIRMs) and flood  community are delineated.  boundary andi floodway maps (FBFMs), ifp published. Floodprone area: See' "floodplain". that reflects the severity or type of flooding in the area.  Floodz zone means a geographical area shown on ai flood hazard boundary map ori flood insurance rate map Floodplain means any land area: susceptible tol beingi inundated by wateri from anys source. Floodplain administrator means the individual appointed to administer and enforce thef floodplain Floodplain development permit means any type of permit that is required in conformance with the provisions Floodplain management means the operation of an overall program of corrective andp preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resourcesi in thet floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management Floodplain management: regulations means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power. This term describes federal, state or local regulations in any combination thereof, which provide standards for Floodproofing means any combination ofs structural andi nonstructural additions, changes, or adjustments to structures, which reduce or eliminate risk of flood damage to real estate ori improved real property, water and Flood-resistant material means any building product [material, component ors system] capable of withstanding direct andp prolonged contact (minimum 72 hours) with floodwaters without sustaining damage that requires more than low-cost cosmetic repair. Any material that is water-soluble ori is not resistant to alkali or acid in water, including normal adhesives for above-grade use, is not flood-resistant. Pressure-treated lumber or naturally decay-resistant lumbers are acceptable flooring materials. Sheet-type flooring coverings that restrict evaporation from below and materials that are impervious, but dimensionally unstable are not acceptable. Materials thata absorb or retain water excessively after submergence are noti flood-resistant. Please refer to Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, and available from FEMA. Class 4 and5 Floodway means the channel ofar river or other watercourse including the area above al bridge or culvert when applicable and the adjacent land areas that must be reserved in order to discharge the basei flood without  management regulations.  oft this chapter, prior to the commencement ofa any development activity.  regulations, and open space plans.  preventing and reducing floodI loss and damage. sanitation facilities, or structures with their contents.  materials, referenced therein, are acceptable flood-resistant materials. cumulatively increasing the water surface elevation more than one foot.  Page! 5of27    Floodway encroachment analysis means ane engineering analysis oft thei impact thata a proposed encroachment into ai floodway or non-encroachment: area is expectedt to have on thef floodway! boundaries and flood levels during the occurrence oft thel basef flood discharge. The evaluation: shall be prepared bya a qualified North Carolina licensed engineer using standard engineering methods and hydraulic models meeting ther minimum Freeboard means the height added tot the BFE to account for ther many unknown factors that could contribute tot flood heights greater than the height calculated for: a selected size flood and floodway conditions, such as wave action, blockage of bridge or culvert openings, storm: surge or precipitation exceedingt thel base flood, and the! hydrological effect of urbanization oft the watershed. The BFE plus thet freeboard establishes the Functionally dependent facility means at facility which cannot be used fori its intended purpose unlessitis located in close proximity to water, such as a docking or port facility necessary fort the loading and unloadingof cargo or passengers, shipbuilding, or ship repair. Thet term does noti include long-term storage, manufacture, sales, Hazardous waste management, facility means ai facility for the collection, storage, processing, treatment, Highest adjacent grade (HAG) means thel highest natural elevation of the ground: surface, prior to (a) Listedi individually! ini thel National Register of Historic Places (al listing maintained byt the U.S. Department ofl Interior) orp preliminarily determined byt the Secretary ofl Interior asr meeting the (b) Certified or preliminarily determined byt the Secretary of Interior as contributing tot thel historical significance ofar registered historic district or ac district preliminarily determined byt the Secretaryt to (c) Individually! listed on al locali inventory of historic landmarks in communities with a' "certified local (d) Certified as contributing tot thel historical significance ofa al historic district designated bya" 'certified Certified local government (CLG) programs are approved byt the U.S. Department oft the Interior in cooperation witht the! North Carolina Department of Cultural Resources through the State! Historic Preservation Officer as having met ther requirements of the National Historic Preservation Act of 1966 as amended in 1980. Letter of map change (LOMC) means an official determination issued by FEMA that amends or revises an effective flood insurance rate map or floodi insurance study. Letters of map changei include: (a) Letter of map amendment (LOMA). An official amendment, byl letter, to an effective National Flood Insurance Program map. AL LOMA is based ont technical data showing that a property had been inadvertently mapped as beingi int thei floodplain, but is actually on natural high ground above the base floode elevation. AI LOMA amends the current effective floodi insurance rate map and establishes thata specific property, portion ofa a property, or structure isr not locatedi ina as special flood hazard area. (b) Letter of map revision (LOMR). Ar revision based ont technical data that may: show changes to flood zones, flood elevations, special flood hazard areal boundaries and floodway delineations, and other (c) Letter of map revision based onj fill (LOMR-F). A determination that a structure or parcel of land has been elevated byf fill abovet the BFE andi is, therefore, nol longer located within thes special flood hazard area. In order to qualify for this determination, thei fill must have! been permitted and placedi in  requirement oft thel National Flood Insurance Program.  "regulatory flood protection elevation".  ors service facilities.  recycling, reçovery, or disposal of hazardous waste as defined in G.S. Ch.: 130A, Art.9. construction immediately next tot thep proposed walls oft thes structure.  Historic structure means anys structure that is:  requirements fori individual listing on thel National Register;  qualify as ar registered historic district; government (CLG) program"; local government (CLG) program".  planimetric features.  accordance witht the community/sfloodplain management regulations.  Page 6of27    (d) Conditional letter of mapr revision (CLOMR). At formal review and comment as toy whether a proposed project complies with ther minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective floodi insurance rate map ort flood insurance: study; upon submission and approval of certified as-built documentation, al letter ofr map Light duty truck means anyr motor vehicle rated at 8,500 pounds gross vehicular weight rating or less which has ay vehicular curb weight of 6,000 pounds or less and which has al basic vehiclei frontal area of 45: square feet or (a) Designed primarily for purposes of transportation of property ori is a derivation of such a vehicle, or (b) Designed primarily for transportation of persons and has a capacity of moret than 12 persons; or (c) Available with special features enabling off-street or off-highway operation and use. Lowest adjacent grade (LAG) means the lowest elevation of the ground, sidewalk orp patio slab, immediately Lowest floor means thel lowest floor oft thel lowest enclosed area (including basement).. An unfinished or flood-resistant enclosure, usable solely forp parking of vehicles, building access, or limited storage in an area other than ab basement area is not considered: al building's lowest floor provided that such an enclosure is not builts soa as tor render thes structure in violation oft the applicable non-elevation design requirements oft this chapter. Manufactured home means a structure, transportable in one or more: sections, which isb built on a permanent chassis and designed to be used with or without ap permanent foundation when connected toi the required utilities. Manufactured. home park or subdivision means ap parcel (or contiguous parcels) of land divided into two or Map repository means thel location oft the officiali flood hazard datai to be applied for floodplain management. Itisa central location in which flood data is stored and managed; in North Carolina, FEMAI has recognized that the application of digital flood hazard data products carries thes same authority as hard copy products. Therefore, the NCEM's Floodplain Mapping Program websites house current and! historical flood hazard data. Fore effective flood hazard data, the NC FRIS website ntp./FRSNCGOV/RS) is ther mapi repository, andf for historical flood hazard Market valuer means the! building value, excluding thel land (as agreed to between a willing! buyer and seller), as established by what thel local real estater market will bear. Market value can be established byi independent certified appraisal, replacement cost depreciated by age of building (actual cashy value) or adjusted assessed New construction means structures for which the' "start of construction" commenced on or after April 6, 1987, the effective date oft thei initial floodplain management regulations andi includes any subsequent Nonconforming building or development means any! legallye existing building or development which fails to Non-encroachment area (NEA) means the channel ofar river or other watercourse including the area above a bridge or culvert when applicable, andt the adjacent land areas that must be reserved in order to discharge the basei flood without cumulatively! increasing the water surface elevation more than one foot as designatedi in the Obstruction includes, buti isr not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or otherr material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity oft thef flow of water, or due to its location, its propensityto snare or collect debris carried byt thet flow of water, ori its likelihood of being carried downstream.  revision may be issued by FEMA1 tor revise the effective FIRM.  less as defined in 40 CFR 86.082-2 and is:  next to the building or deck support, after completion oft the building.  Thet term' manufactured home" does not include a 'recreational vehicle".  more manufactured home lotsf for rent ors sale.  data the FloodNC website PV/ACONCGOVACROOO is ther mapr repository.  values.  improvements tos such structures.  comply with the current provisions of this Chapter.  floodi insurance study report.  Page 7of27    Post-FIRM means construction or other development which started on or after May 4, 1987, the effective Pre-FIRM means construction or other development which: started before May 4, 1987, the effective date of Principally above ground meanst that atl least 51 percent of the actual cashy value of the: structure is above Public safety and/ori nuisance means anything which isi injurious toi thes safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs thef free passage or use, int the customary manner, of any navigable lake, orr river, bay, stream, canal, or basin.  date of thei initialf floodi insurance rate map.  thei initial floodi insurance rate mapi fori the area, whicheveri is later.  ground.  Recreational vehicle (RV) means a vehicle, whichi is: (a) Built on as single chassis;  (b) Four hundred square feet orl less when measured at the largest horizontal projection; (c) Designed to be self-propelled or permanently towable bya a light duty truck; and, (d) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for  recreational, camping, travel, ors seasonal use, and (e) Isfullyl licensed and ready for highway use.  Reference leveli is thet top oft the lowest floor for structures within thes special flood hazard areas designated asz zones A, AE,A99, AO, AH. Ther reference level is the bottom of thel lowest horizontal structural member oft the Regulatory, flood protection elevation means the basei floode elevation plus the freeboard. Ins special flood hazard areas where basef floode elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet off freeboard. Ins special flood hazard areas where no BFE has been established, this elevation shall be at least Remedy a violation means tol bring the structure or other development into compliance with state or community floodplain management regulations, or, ift this is not possible, to reduce thei impacts ofi its noncompliance. Ways that impact may be reduced include protecting the structure or otheraffected development fromi flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure withr regard tot thes structure or other development. Riverine means relating to, formed by, or resembling ar river (includingt tributaries), stream, brook, etc. Salvage yard means property usedi for the storage, collection, and/or recycling of any type of equipment whatsoever, whether industrial or noncommercial, and including but not limited to vehicles, appliances and Shear wall means walls used fors structural support but not: structurally! joined ore enclosed at the end (except Solid waste disposalj facility means any facility involved int the disposal of solid waste, as defined in G.S. 130A- Special flood hazard area (SFHA) means the land in thei floodplain subject toa a one percent org greater chance Solid waste disposal site defined asi in G.S. 130A-290(a)(36), any place at which solid wastes are disposed of Start ofo construction includes substantial improvement, and means the date the building permit wasi issued provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days oft thep permit date. The: actual start means either the first placement of  lowest floor for structures within special flood hazarda areas designated as zone VE.  two feet above thel highest adjacent grade.  related machinery.  by breakaway walls). Shear walls are parallel or nearly parallel tot thei flow ofi the water.  290(a)(35).  ofb being flooded in any given year as determined in article III, section 18-7 of this chapter.  byi incineration, sanitary landfill, or any other method.  Page 8of27    permanent construction ofa as structure (includinga a manufactured home) on as site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond thes stage of excavation; or the placement ofar manufactured home on af foundation. Permanent construction does not include land preparation, sucha as clearing, grading, andi filling; nor doesi iti include thei installation of streets and/or walkways; nor doesi it include excavation for a basement, footings, piers, or foundations or the erection oft temporary forms; nor doesi it include thei installation ont the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part oft the main: structure. Fora as substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part oft the building, whether or not that alteration Structure means a walled and roofed building, a manufactured home, or agas, liquid, or liquefied gas storage Substantial damage means damage of any origin sustained by as structure during any one-year period. whereby the cost of restoring thes structure toi its before damaged condition would equal or exceed! 50 percent of ther market value oft thes structure beforet the damage occurred. See definition of' "substantial improvement". Substantial improvement means any combination ofr repairs, reconstruction, rehabilitation, addition, or other improvement ofa as structure, taking place during any one-year period whereby the cost of which equals ore exceeds 50p percent oft the market value oft the: structure before the start of construction of thei improvement. Thist term includes structures which havei incurred substantial damage, regardless of the actual repair work performed. The (a) Any correction of existing violations ofs state or community health, sanitary, or safety code specifications which have beeni identified by the community code enforcement official andy whicha are (b) Any: alteration ofal historic: structure, provided that the alteration will not preclude the: structure's continued designation asal historic structure, and the alteration is approved. by variance issued Technical, bulletin and technicalj fact sheet means a FEMA publication that provides guidance concerning the building performance standards oft thel NFIP, which are contained in Title 44 oft the U.S. Code of Federal Regulations at Section 60.3. The bulletins andi facts sheets are intended for use primarily bys state andl local officials responsible fori interpreting and enforcing NFIP regulations and byr members oft the development community, such as design professionals and builders. New bulletins, as well as updates ofe existing bulletins, are issued periodically: as needed. The bulletins do not creater regulations; rather they provide specific guidance for complying with ther minimum Temperature controlled means having the temperature regulated bya al heating and/or cooling system, built-in Violation means thet failure of as structure or other development tol bet fully compliant with the community's floodplain management regulations.. As structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in articles IVand Vis presumed to be in violation until such Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areasi iny which substantial flood Water surface elevation (WSE) means the height, in relation to NAVD 1988, oft floods of various magnitudes  affects the external dimensions oft theb building. tankt thati is principally above ground.  term does not, however, include either:  ther minimum necessary to assure safe living conditions; or pursuant to article IV, section 18-29 oft this chapter.  requirements of existing NFIP regulations.  ora appliance.  Variance means a grant of relief from ther requirements oft this chapter.  time as that documentation: is provided.  damage may occur.  andi frequencies int thet floodplains of coastal orr riverine areas.  Page 9of27    ARTICLEI III. GENERAL PROVISIONS  ARTICLE IlI. GENERAL PROVISIONS  Sec. 18-6. Lands to which this chapter applies.  This chapter shall apply to all: special flood hazard areas within thej jurisdiction of Town of Vanceboro.  Sec. 18-7. Basis for establishing the special flood hazard areas.  The special flood hazard areas are thosei identified under the Cooperating Technical: State (CTS) agreement between the State of North Carolina and FEMA ini its FIS dated. June 19, 2020, for Craven County and associated DFIRM panels, including any digital data developed as part of the FIS, which are adopted by reference and declared  apart of this chapter, and all revisions thereto.  Sec. 18-8. Establishment ofi floodplain development permit.  Af floodplain development permit shall be required in conformance witht thep provisions of this chapter prior tot the commencement of any development activities within special flood hazard areas as determinedi in article II,  section 18-7.  Sec. 18-9. Compliance.  Nos structure or land shall hereafter bel located, extended, converted, altered, or developed in any way  without full compliance with thet terms of this chapter and other applicable regulations.  Sec. 18-10. Abrogation and greater restrictions.  This chapter is not intended to repeal, abrogate, ori impair any existinge easements, covenants, or deed restrictions. However, where this chapter and another conflict overlap, whichever imposes the more: stringent  restrictions shall prevail.  Sec. 18-11. Interpretation.  Int thei interpretation: and application oft this chapter, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed ini favor oft the governing body; and  (3) Deemed neither tol limitr nor repeal any other powers granted under state statutes.  Town of Vanceboro, North Carolina, Code of Ordinances  Created: 2022-12-19 15:05:36 [EST]  (Supp. No.: 11)  Page 10of27    Sec. 18-12. Warning and disclaimer of liability.  The degree of flood protection required byt this chapter is considered reasonablet forr regulatory purposes and is based on scientific ande engineering consideration. Larger floods can and will occur onr rare occasions. Actual flood heights may be increased byr manmade or natural causes. This chapter does noti implyt that land outside the special flood hazard areas or uses permitted within sucha areas) will be freei from flooding or flood damages. This chapter shallr not create liability on the part of Town of Vanceboro or bya any officer ore employee thereof for any flood damages thatr resulti from reliance ont this chapter or any administrative decision lawfully made hereunder.  Sec. 18-13. Penalties for violation.  Violation of thep provisions oft this chapter ori failure to comply with any ofi its requirements, including violation of conditions and safeguards established in connection with grants ofv variance or special exceptions, shall constitute a Class 1 misdemeanor pursuant to G.S.1 143-215.58. Any person who violates this chapter or failst to comply with any ofi its requirements shall, upon conviction thereof, bet fined not more than $100.00 ori imprisoned for not moret than 30 days, or both. Each day suchy violation continues shall be considered as separate offense. Nothing herein contained shall prevent Town of Vanceboro from taking such other lawful action as ist necessaryto  prevent or remedy any violation.  Secs. 18-14-18-24. Reserved.  ARTICLE IV. ADMINISTRATION  Sec. 18-25. Designation of floodplain administrator.  Thel Town Clerk, hereinafter referred to ast the' floodplain administrator", is hereby appointed to administer andi implement the provisions of this chapter. Ini instances wherei thet floodplain administrator receives assistance from others to complete tasks to administer andi implement this chapter, the floodplain administrator. shall be responsible for the coordination and communitysoverall compliance with the National Flood Insurance Program  and thep provisions of this chapter.  Sec. 18-26. Floodplain development permit and certification requirements.  (1) Plans and application requirements. Application fora ai floodplain development permit shall be madet to the floodplain administrator ont forms furnished by him or her prior to any development activities proposed to be located within floodprone areas. The followingi tems/information shall be presented tot thei floodplain (a). Ap plot plan drawn to scale which: shall include, but shall not be limited to, thet following specific details  administrator to apply for at floodplain development permit: oft the proposed floodplain development:  Created: 2022-12-19 15:05:36 [EST)  (Supp. No. 11)  Page 11 of27    () Ther nature, location, dimensions, and elevations of the area of developmeny/Aisturbance: existing and proposed structures, thel location of utility systems, proposed grading/pavement areas, fill materials, storage areas, drainage facilities, and other proposed development; (i) The boundary of the special flood hazard area as delineated on the FIRM or other flood map: as determined ina article Il, section 18-7ora as statement thatt the entire lot is within the specialf flood (ii). Flood zone(s) designation oft the proposed development area: as determined on the FIRM or other (iv) The boundary of1 thei floodway(s) or non-encroachment. area(s) as determined in article II, section (v) The baset flood elevation (BFE) where provided as set forth in articlel IlI, section 18-7;article IV, section 18-27(11) and (12); or article) V, sections 18-40, 18-41(5) and: 18-42; (vi) The old andr new location of any watercourse that willl be altered or relocated as a result of (b) Proposed elevation, andr method thereof, of all development within a special flood hazard area (i) Elevation in relation tol NAVD: 1988 of the proposed reference level (including basement) of all (i) Elevation ini relation to NAVD: 19881 to which any nonresidential structure! inz zones A, AE, AH,A AO, (ii) Elevation ini relation to NAVD 19881 to which any proposed utility systems willl be elevated or (c) ffloodproofing, a floodproofing certificate (FEMA Form 086-0-34) with supporting data, an operational plan, and ani inspection and maintenance plan thati include, but are not limited to, installation, exercise, (d) Afoundation plan drawnt to scale whichs shalli include details of the proposed foundation system to ensure all provisions oft this chapter are met. These details include, but are not limited to: () Proposed method ofe elevation, ifapplicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on Olummaypostspleryhear walls); and (i) Openings toi facilitate automatic equalization: of hydrostatic floodi forces on wallsi in accordance with article V, subsection 18-41(4)(c) when: solid foundation perimeter walls are usedi inz zones A,  hazard area;  flood map as determined in article II, section 18-7;  18-7;  proposed development; including, butr not limited to: structures;  A99 will bei floodproofed; and floodproofed;  and maintenance of floodproofing measures.  AE, AH,A AO,A A99.  (e) Usage details of any enclosed areas below thel lowest floor.  (f) Plans and/or details for the protection of public utilities andi facilities such as sewer, gas, electrical, and (g) Certification that all other local, state andi federal permits required prior to floodplain development permit issuance (ie., wetlands, erosion and sedimentation control, riparian buffers, mining, etc.). (h) Documentation for placement ofr recreational vehicles and/or temporary: structures, when applicable, to ensure that the provisions ofa article V, section 18-41, subsections (6) and (7) of this Codea are met. lfawatercourse! is proposed to be altered and/or relocated, a description oft thee extent of watercourse alteration or relocation; includinga an engineering report ont the effects oft the proposed project ont the flood-carrying capacity oft they watercourse and the effects to properties located both upstream and  waters systems to be locateda and constructed to minimize flood damage.  Page 12 of27    downstream; anda a map (ifr not shown on plot plan) showing the location oft thep proposed watercourse  alteration or relocation.  (2) Floodplain development, permit data requirements. The following information shall be provided ata minimum oni thet floodplain development permit to ensure compliance with this Code: (a) A complete description of the development tol be permitted undert thet floodplain development permit issuance (e.g., house, garage, pool, septic, bulkhead, cabana, pier, bridge, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials, etc.). (b) The special flood hazard area determination for the proposed development per available data specified (c) The regulatory flood protection elevation required for the reference level and alla attendant utilities. (d) The regulatory flood protection elevation required for the protection of allp public utilities. (f) As statement thatr not fill materials shall encroach into thef floodway or non-encroachment area of any watercourse unless ther requirements of article V, section 18-44 haveb been met. (g) The flood openings requirements, ifi in zones A, AE, AH,A0,A99. (h) Limitations of below BFE enclosure uses (i.e., parking, building access and limited: storage only). () Astatement, that all materials below BFE/RFPE must bei flood-resistant materials.  in article II, section 18-7.  (e). All certification submittal requirements with timelines.  (3) Certification requirements. (a) Elevation certificates.  (i) A preliminary elevation certificate (FEMA Form 086-0-33)isr required prior tot the actual start of any new construction. Its shall bet the duty of the permit holder to submit tot thet floodplain administrator a certification of the elevation oft the reference level, in relation tol NAVD: 1988. The floodplain administrator shall review. the certificate data submitted. Deficiencies detected by such review: shall be corrected byt the permit holder prior tot the beginning of construction. Failure to submit the certification orf failure to make required corrections shall be cause to denya (i) Afinala as-built elevation certificate (FEMA Form 086-0-33) is required after construction is completed and prior to certificate of complance/ocupancy, issuance. Its shall bet the duty oft the permit holder to submit to thef floodplain administrator: a certification ofi final as-built construction oft the elevation of the reference level and all attendant utilities. Thet floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected byt the permit holder immediately and prior to certificate of complance/ocupancy, issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure tos submit the certification ori failure to make: said corrections required shall be cause to withhold thei issuance ofa certificate of complance/ocupancy, Thei finished construction elevation certificate certifier shall provide at leastt twop photographs showing thet front andi rear oft the building taken within 90 days from the date of certification. The photographs must be taken with views confirming thel building description and diagram number provided in section Ac of the elevation certificate. To thee extent possible, these photographs should show the entire building including foundation. Ift the! building hass split-level or multi-level areas, provide atl least two additional photographs showing side views oft the building. In addition, when applicable, provide a photograph of thet foundation showing a representative example oft thef flood openings or vents. All photographs must be in color and measure at least three inchesxthree inches. Digital photographs are acceptable.  floodplain development permit.  (b) Floodproofing certificate.  Page 130 of27    () Ai final finished construction floodproofing certificate (FEMA Form 086-0-34), with supporting data, an operational plan, and ani inspection and maintenance plan are required prior tot the issuance ofa certificate of complance/ocupancy. Its shall be the duty oft the permit holder to submit tot thei floodplain administrator a certification oft thei floodproofed design elevation of the reference level and all attendant utilities, in relation to NAVD: 1988. Floodproofing certificate shall be prepared by or under the direct supervision ofa a professional engineer or architect and certified bys same. Thei floodplain administrator shall review the certificate data, the operational plan, andi thei inspection andr maintenance plan. Deficiencies detected bys such review: shall be corrected byt the applicant prior to certificate of occupancy. Failuret to submit the certification or failure to make required corrections shalll be cause to denyai floodplain development permit. Failure to construct in accordance with the certified design shall be cause to deny a certificate of (c) Ifan manufactured home is placed within an A, AE, AO, AH, or A99 zone and the elevation oft the chassis isabove 36 inches in height, an engineered foundation certification is required per article V, subsection (d) Ifa watercourse ist tol be altered or relocated, ac description of the extent of watercourse alteration or relocation; an engineering report ont the effects of the proposed project on thei flood-carrying capacity oft the watercourse and the effects to properties located both upstream and downstream; and a map showing thel location of the proposed watercourse alteration or relocation shall all be submitted by the (e) Certification exemptions. Thei following structures, iflocated within A, AE, AH,A AO, A99: zones are exempt fromi the evation/Plodprofing certification requirements specified ini items (a) and (b) (i) Recreational vehicles meeting requirements of article V, subsection 18-41(6)(a); (ii) Temporary structures meeting requirements of article V, subsection 18-41(7); and (ii) Accessory structures 600: square feet or less and meeting requirements of article V, subsection (4) Determinations. fore existing buildings and: structures. For applicationsi for building permits toi improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in (a) Estimate the market value, or require the applicant to obtain an appraisal oft ther market value prepared bya a qualified independent appraiser, ofi the building or structure before thes start of construction of the proposed work; ini the case of repair, ther market value of the building ors structure: shall be the market (b) Compare the cost to perform thei improvement, the cost to repair a damaged building to its pre- damaged condition, or the combined costs ofi improvements and repairs, ifapplicable, toi the market (c) Determine and document whether the proposed work constitutes substantial improvement or repair (d) Notify the applicant ifiti is determined that the work constitutes substantial improvement or  complance/ocupancy.  18-41(3).  permit applicant prior toi issuance ofaf floodplain development permit.  above:  18-41(8).  coordination with the! building official, shall:  value before the damage occurred and before any repairs are made;  value of the building or structure; ofsubstantial damage; and substantial  of repair  damage and that compliance with thet flood resistant construction requirements of the  North Carolina Building Code and this chapter is required.  Page 14 of27    Sec. 18-27. Duties and responsibilities of the floodplain administrator. Duties oft thei floodplain administrator shall include, but not be limited to:  (1) Review alli floodplain development applications and issue permits fora all proposed development within floodprone areas to assure thatt the requirements oft this chapter have been satisfied. (2) Review all proposed development within the special flood hazard areas to assure thata all necessary local, federal or state permits have been received, including Section 404 of the Federal Water Pollution (3) Notify: adjacent communities and thel North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator fort the National Flood Insurance Program prior to any alteration or relocation ofa watercourse, and submit evidence ofs such notification to the (4) Assure that maintenance is provided within the altered or relocated portion ofs said watercourse sO (6) Obtain actual elevation (in relation to NAVD: 1988) of the reference level (including basement) of all attendant utilities ofa all new ors substantially improved: structures, in accordance with article IV, (7) Obtain the actual elevation (in relation tol NAVD: 1988) to which the new or substantially! improved structures and all utilities have been floodproofed, in accordance with article IV, subsection 18-26(3). (8) Obtain actual elevation (inr relation to NAVD: 1988) of all public utilities, in accordance with article IV, (9) Wheni floodproofing is utilized fora ap particular structure, obtain certifications from a registered professional engineer or architect ina accordance with article IV, subsection 18-26(3) and article) V, (10) Where interpretation is needed as to the exact location of boundaries oft the special flood hazard areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting thel location oft the boundary shall be givenar reasonable opportunity to appeal the interpretation: as provided in this article. (11) When base flood elevation (BFE) datal has not been provided ina accordance with articlel III, section 18-7, obtain, review, and reasonably utilize any base flood elevation (BFE) data, along with floodway data and/or non-encroachment: area data available from: ai federal, state, or other source, including data developed pursuant to article V, subsection 18-42(3), in order to administer the provisions oft this (12) When base flood elevation (BFE) data is provided but no floodway nor non-encroachment area data has been provided ina accordance with article IlI, section 18-7, obtain, review, and reasonably utilize any floodway data, and/or non-encroachment area data availablei from af federal, state, or other source in (13) When thee exact location of boundaries oft thes special flood hazard areas conflict with the current, natural topography! information at thes site, the property owner may apply and be approved for al letter ofr map amendment (LOMA) by FEMA. A copy oft the letter of map amendment issued from FEMA will be maintained byt the floodplain administrator int thef floodplain development permit file. (14) Permanently maintain all records that pertain toi the administration oft this chapter and makei these  Control Act Amendments of 1972, 33 U.S.C1334.  Federal Emergency Management: Agency. thatt thet flood-carrying capacity is not diminished.  (5) Prevent encroachments within floodways and non-encroachment areas.  subsection 18-26(3).  subsection 18-26(3). subsection 18-41(2).  chapter.  order to administer the provisions of this chapter.  records availablei for public inspection.  Page 15 of27    (15) Make on-sitei inspections of worki in progress. As the work pursuant to af floodplain development permit progresses, thei floodplain administrator shall make as many inspections of the worka as may be necessary to ensure that the worki is being done according tot the provisions oft thel local ordinance and thet terms oft thep permit. In exercisingt this power, thef floodplain administrator has a right, upon presentation of proper credentials, to enter on any premises within thej jurisdiction oft the community ata any reasonable houri for the purposes ofi inspection or other enforcement action. (16) Issue stop-work orders as required. Whenever a building or part thereofi is being constructed, reconstructed, altered, or repaired iny violation oft this chapter, thef floodplain administrator may order the work to bei immediately stopped. The stop-work order shall bei in writing and directed toi the person doingt the work. The stop-work order shall state thes specific work tol be stopped, thes specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation ofa (17) Revocation of floodplain development permits asr required. Thef floodplain administrator may revoke and require the return of the floodplain development permit by notifying the permit holderi iny writing stating the reason(s)f for ther revocation. Permits shall be revoked for any substantial departure from the approved application, plans, ors specifications; for refusal ori failure to comply with the requirements ofs state or local laws; or for false statements or misrepresentations madei in securing the permit. Any floodplain development permit mistakenly issuedi in violation of an applicable state or local (18) Make periodic inspections throughout all special flood hazard areas within thej jurisdiction oft the community. The floodplain administrator and each member of his orh heri inspections department: shall have ar right, upon presentation of proper credentials, to enter on any premises within thet territorial jurisdiction oft the department ata any reasonable houri for the purposes of inspection or other  stop-work order constitutes: a misdemeanor.  lawr may also ber revoked.  enforcement action.  (19) Follow through with corrective procedures of article IV, section 18-28. (20) Review, provide input, andi make recommendations for variance requests.  (21) Maintain a current map repositoryt to include, but notl limited to, historical and effective FIS report, historical ande effective FIRM and other official floodi maps ands studies adopted in accordance with the provisions ofa article III, section: 18-7 of this Chapter, including any revisions thereto including letters of (22) Coordinate revisions to FIS reports and FIRMS, including letters ofr mapr revision based on fill (LOMR-Fs)  map change, issued by FEMA. Notify state and FEMA of mapping needs.  and letters of map revision (LOMRS).  Sec. 18-28. Corrective procedures.  (1) Violations to be corrected. When thei floodplain administrator finds violations ofa applicable state and local laws, its shall be his or her duty to notify the owner or occupant oft thel building of they violation. The owner or occupant shalli immediately remedy each of they violations of law pertaining tot their property. (2) Actions ine event off failure to take corrective action. Ift the owner of al building or property: shalli fail to take prompt corrective action, thef floodplain administrator shall give the owner written notice, by certified or registered mail tot the owner's last known address or by personal service, stating: (a) That the! building or property isi in violation oft thef flood damage prevention ordinance; (b) Thata a hearing willl be held before the floodplain administrator ata a designated place and time, not later than ten days aftert the date of the notice, at which time the owner: shall be entitled tol be heard in person or by counsel andt to present arguments and evidence pertaining tot the matter;and  Page 16of27    (c) That followingt the! hearing, thei floodplain administrator may issue such order to alter, vacate, or (3) Order tot take corrective action. If, upon al hearing held pursuant tot the notice prescribed above, the floodplain administrator shall findt that thel building or development isi in violation of thei flood damage prevention ordinance, he or she: shall make an order in writing to the owner, requiring the owner tor remedy the violation within a specified time period, not lesst than 60 days, nor more than least 180 calendar days. Wheret the floodplain administrator finds thatt therei isi imminent danger tol life or other property, he may (4) Appeal. Any owner who has received an order tot take corrective action may appeal the order tot thel local elected governing body! by giving notice ofa appeal in writing to thet floodplain administrator and the clerk within ten days following issuance oft thet final order. Int the absence of an appeal, the order oft thet floodplain administrator shall be final. Thel local governing body shall hear an appeal within a reasonable time andi may (5) Failure to comply with order. Ift the owner ofal building or property failst to comply with an order to take corrective action from which no appeal has been made orf fails to comply with an order oft the governing body following an appeal, the owner: shall be guilty ofa Class 1 misdemeanor pursuant to G.S.143-215.58  demolish thel building; or to remove fill as appears appropriate.  ordert that corrective action be taken in such lesser period as may bei feasible.  affirm, modify and affirm, or revoke the order.  and shall be punished int the discretion oft the court.  Sec. 18-29. Variance procedures.  (1) Thel board of adjustments as established byl Town of Vanceboro, hereinafter referred to as the' lappeal board", shall hear and decide requests for variances from the requirements oft this chapter. (2) Any person aggrieved byt the decision oft the appeal board may appeal such decision toi the court, as provided  in G.S. ch.7 7A. (3) Variances may bei issued for:  (a) The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude thes structure's continued designation: asal historic structure and the variance ist ther minimum necessary to preserve thel historic character and design oft thes structure. (b) Functionally dependent facilities ifc determined to meet the definition as stated in article Ild ofthis chapter, provided provisions ofa article IV, subsections 18-29(9)(b), (c), and (e)! have! been satisfied, and such facilities are protected byr methods that minimize flood damages during thel base flood and create  no additional threats to public safety; or  (c) Any other type of development provided it meets the requirements oft this section. (4) Inj passing upon variances, the appeal boards shall consider all technical evaluations, all relevant factors, all (a) The danger that materials may! be swept onto other landst tot thei injury of others; (b) The danger to life and property duet tot flooding or erosion damage;  standards specified in other: sections oft this chapter, and:  (c) The susceptibility oft the proposed facility andi its contents tot flood damage and the effect of such (d) Thei importance oft thes services provided byt thep proposed facility tot the community; (e) The necessity to thet facility of a waterfront location, where applicable;  damage oni the individual owner;  (f) The availability of alternative locations, not subject to flooding or erosion damage, fort the proposed  use;  Page 17of27    (g) The compatibility oft thep proposed use with existing and anticipated development;  (h) Ther relationship of the proposed use to the comprehensive plan andi floodplain management program (i) Thes safety of access tot the property int times oft floodi for ordinary ande emergency' vehicles; () Thee expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and (k) The costs of providing governmental: services during anda after flood conditions including maintenance andr repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets (5) Awritten report addressing each oft the above factors shall be submitted with the application for a variance. (6) Upon consideration: oft thei factors listed above and the purposes of this chapter, the appeal board may attach: such conditions toi the granting ofv variances asi it deems necessary: to further thej purposes ofthis (7) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the BFE and the elevation to which thes structurel ist to be builta and that such construction below the BFE increases risks tol life and property, andi that thei issuance ofav variance to construct: a structure below the BFE may result ini increased premium ratesf fori flood insurance upt to $25.00 per $100.00 ofi insurance coverage. Such notification shall be maintained with ar record of ally variance actions, including justification for their (8) Thei floodplain administrator shall maintain the records of all appeal actions and report any variances to the  fort that area;  the effects of wave action, ifapplicable, expected att thes site; and  and bridges.  chapter.  issuance.  FEMA and the State of North Carolina upon request.  (9) Conditions for variances:  (a) Variances shall not bei issued when the variance will maket the structure iny violation of other federal, (b) Variances shall not be issued within any designated floodway or non-encroachment: area ift the variance (c) Variances shall only be issued upon a determination that the variance ist the minimum necessary,  state, or local laws, regulations, or ordinances.  would result in anyi increase ini flood levels during the! base flood discharge. (d) Variances shall only bei issued prior to development permit approval.  considering thef flood hazard, to afford relief. (e) Variances shall only be issued upon: () As showing of good ands sufficient cause;  (i). A determination that failure to grant the variance would result in exceptional hardship; and (iii) A determination that the granting of a variance will notr resulti ini increased flood heights, additional threats toy public safety, or extraordinary public expense, create nuisance, cause fraud on orv victimization oft thep public, or conflict with existing locall laws or ordinances.  (10) Avariance may bei issued fors solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in special flood hazard areas provided that all of the following conditions are met. Af floodplain development permit may! be issued for: such development only ifa  variance is granted.  (a) The use serves a critical needi int the community.  (b) No feasible location exists for the use outside the special flood hazard area.  Page 180 of27    (c) The reference level ofa anys structure ise elevated or floodproofed to at least ther regulatory flood  protection level.  (d) The use complies witha all other applicable federal, state and local laws.  (e) Town of Vanceboro has notified the Secretary of the North Carolina Department of Crime Control and Public Safety ofi its intentioni to grant a variance at least 30 days prior to granting the variance.  Sec. 18-30. Other administrative provisions.  Tot the extent not in conflict with anye express provision oft this chapter or any: state or federal rule or regulation concerning thes subject matter oft this chapter, Article 4 of Chapter 160D of the General Statutes shall  apply to the administration, enforcement, and appeals regarding this chapter.  Secs. 18-31-18-39. Reserved.  ARTICLE V. PROVISIONS FOR FLOOD HAZARD REDUCTION  Sec. 18-40. General standards.  In all: special flood hazard areas thef following provisions are required:  (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or (2) All new construction and substantial. improvements shall be constructed with materials and utility (3) All new construction or substantial improvements shall be constructed by methods and practices that (4) All new electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment must! be designed andi installed to prevent water: from entering or accumulating within the components during the occurrence of base flood and located at or above the Regulatory Flood Protection Elevation (RFPE). These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas, meter panels/boxes, utility/cable boxes, appliances (i.e., washers, dryers, refrigerator, etc.), hoty water heaters, electric outlets/switches. (a) Replacements part ofas substantial improvement, electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment shall alsor meet the above provisions. (b) Replacements that are for maintenance and not part ofas substantial improvement may be installed at the original location provided the: addition and/or improvements only comply with the standards for new construction consistent with the code and requirements for the original  lateral movement oft the structure. equipment resistant to flood damage. minimize flood damages.  structure. ofi flood watersi into the system.  (5) Allr new: and replacement waters supply systems shall be designed to minimize ore eliminate infiltration (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration off flood waters into the systems and discharges from the systems into flood waters.  Page 19 of27    (7) On-site waste disposal systems shall be located and constructed to avoidi impairment tot them or (8) Nothingi in this chapter shall prevent the repair, reconstruction; or replacement ofa! building ort toa structure existing on the effective date oft this chapter and located totally or partially within the floodway, non-encroachment: area, or stream setback, provided there is no additional encroachment below ther regulatory flood protection elevation int the floodway, non-encroachment. area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other (9) News solid waste disposal facilities and: sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted, except by variance as specified in article IV, subsection 18-29(10). As structure ort tanki for chemical ort 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 onlyi ift thes structure or tank is either elevated or floodproofed to at least the regulatoryf flood protection elevation and certified in accordance with thep provisions ofa article IV, (10) Have public utilities and facilities such as sewer, gas, electrical, and water systems located and (12) All subdivision proposals and other development proposals shall be consistent with ther needt to (13). All: subdivision proposals and other development proposals shall have public utilities andif facilities such as sewer, gas, electrical, and water systems located and constructedi tor minimize flood damage. (14) All subdivision proposals and other development proposals shall have adequate drainage provided to (15) All: subdivision proposals and other development proposals shall haver received all necessary permits from those governmental agencies for which approval is required by federal ors state law, including Section 404 oft the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. (16) When as structurei is partially located in as special flood hazard area, the entire structure: shall meett the (17) When a structure is located in multiple flood hazard zones ori ina ai flood hazard risk zone with multiple basef flood elevations, the provisions fori the more restrictive flood hazard riskz zone andt the highest BFE  contamination from them during flooding.  requirements oft this chapter.  subsection 18-26(3).  constructed to minimize flood damage.  (11) Have adequate drainage provided to reduce exposure toi flood hazards.  minimize flood damage.  reduce exposure to flood hazards.  requirements for new construction and: substantiali improvements.  shall apply.  Sec. 18-41. Specific standards.  In all special flood hazard areas where base flood elevation (BFE) data has been provided, as set forthi in article III, section 18-7, or article IV, subsections 18-27(11) and (12), thef following provisions are required: (1) Residential construction. New construction or substantiall improvement ofa any residential structure (including manufactured homes): shall havet the reference level, including basement, elevated nol lower than the regulatory flood protection elevation as defined in Section 18-5 of this ordinance. (2) Nonresidential construction. New construction or substantial improvement ofa any commercial, industrial, or other nonresidential structure shall have the reference level, including basement, elevated no lower than the regulatoryi flood protection elevation. Structures located in A, AE,AH,A99 and AO: zones may bet floodproofed to the regulatory flood protection elevation inl lieu of elevation  Page 20 of27    provided that all areas oft the structure, together with attendant utility ands sanitary facilities, below the regulatory flood protection elevation are watertight with walls substantially impermeable to the passage of water, usings structural components having the capability ofr resisting hydrostatic and hydrodynamic loads andt the effect of buoyancy. For AO2 zones, thef floodproofing elevation shall bei in accordance with article V, subsection 18-43.3(2). Ar registered professional engineer or architect shall certify that thef floodproofing standards oft this subsection ares satisfied. Such certification shall be provided to thet floodplain administrator as set forth ina article IV, subsection 18-26(3). (a) New or replacement manufactured homes shall be elevated: so that the reference level oft the manufactured homei isr nol lower than the regulatory flood protection elevation. (b) Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, andI lateral movement in accordance with the State of North Carolina Regulations for Manufactured/Mobile Homes, 1995 Edition, and anyr revision thereto adopted by the Commissioner of Insurance pursuant to G.S.143-143.15 or a certified engineered foundation. Additionally, when the elevation would be met by ane elevation oft the chassis 36i inches or less above thes grade att thes site, the chassis shall be supported by reinforced piers or other foundation elements ofa at least equivalent strength. When the elevation oft the chassis is above (c) Alli foundation enclosures or skirting shall bei in accordance with article V, subsection 18-41(4). (d) An evacuation plan must be developed fore evacuation of all residents of all new, substantially improved ors substantially damaged manufactured home parks or subdivisions located within floodprone areas. This plan shall be filed with and approved byt thei floodplain administrator and (4) Elevated buildings. Fully enclosed area, ofr new construction and: substantially improved structures, which is below thel lowest floor or belowt the lowest horizontal: structural member in VE: zones: (a) Shall not be designed or used for human habitation, but shall only be usedi for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access tot the enclosed area: shall be the minimum necessary to allow for parking of vehicles (garage door) or limiteds storage ofr maintenance equipment (standard exterior door), or entryt tot thel living area (stairway ore elevator). Thei interior portion of such enclosed area shall not bet finished orp partitionedi into: separate rooms, except to enclose storage areas or building access (b) Shall be constructed entirely of flood resistant materials atl least tot the regulatory flood (c) Shall, include flood openings to automatically equalize hydrostatic flood forces on walls by allowing fort the entry and exit oft floodwaters. To meett this requirement, the openings must either be certified byap professional engineer or architect or meet or exceed the following () Providea ar minimum oft two openings on different sides ofe each enclosed area subject to (i) Thet total net area of all openings must be atl least one square inch fore eachs square foot of (ii) Ifab building has more than one enclosed area, eacha area must have openings on exterior (iv) The! bottom of all required openings shall be no higher than one foot above thel higher of  (3) Manufactured homes.  36i inches in height, an engineering certification is required.  thel local emergency management coordinator.  vias stairs or elevator; protection elevation; and  minimum design criteria: flooding;  each enclosed area subject to flooding;  wallst to allow floodwater to automatically enter ande exit; thei interior or exterior adjacent grade;  Page 21 of27    (v) Flood openings may! be equipped with screens, louvers, or other opening coverings or devices provided they permit the automatic flow ofi 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 ofstructural status, is considered: an enclosure and requires flood openings as outlined  above.  (5) Addionsy/mprovements:  (a) Additions and/or improvements to pre-FIRM structures whereas the addition and/or improvements in combination with anyi interior modifications tot the existing structure are: (i) Not a substantial improvement, the addition and/or improvements must! be designed to minimize flood damages and mustr not be any more nonconforming than the existing (i) Asubstantial improvement, with modficatony/ehaitasons/mprovements tot the existing structure ort the common wall is structurally modified moret than installinga doorway, both the existing structure and the addition and/or improvements must comply (b) Additions to post-FIRM: structures with nor modifications to the existing structure shall require only the addition to comply with the standards for new construction. Refer to thel lasts sentence of article II, section 18-5, "regulatory flood protection elevation" for freeboard information. (c) Additions and/ori improvements to post-FIRM: structures whereas the addition and/or improvements in combination with anyi interior modifications tot the existing structure: (1) Arer not as substantial improvement, the: addition and/ori improvements only must comply with thes standards for new construction consistent with the code andr requirements fort the (i) Asubstantial improvement, bothi the existing structure and the addition and/or improvements must comply with the standards forr new construction. (d) Any combination ofr repair, reconstruction, rehabilitation, addition ori improvement ofal building ors structure taking place during a one-year period, the cumulative cost of which equals or exceeds 50 percent oft ther market value oft the structure before thei improvement or repair is started must comply with the standards for new construction. For each! building ors structure, the one-year period begins on the date oft thei firsti improvement or repair of that building or structure subsequent toi the effective date oft this Chapter. Ifthe structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. Ther requirement does not, however, include either: (i) Any project fori improvement ofa al building required to correct existing health, sanitary or safety code violations identified byt thel building official and that are the minimum (i) Any alteration ofal historic: structure provided that the alteration will not preclude the structure's continued designation as a historic structure andt the alteration is approved by  structure.  with thes standards for new construction.  original structure.  necessaryt to assume safe living conditions.  variance issued pursuant to Section 18-29 of this ordinance.  (6) Recreational vehicles. Recreation vehicles shall either:  (a) Temporary placement.  (i) Be on site fort fewer than 180 consecutive days or;  Page: 22 of27    (i) Bei fullyl licensed and ready for highway use (a recreational vehicle is readyf for highway use ifiti is oni its wheels orj jacking system, is attached tot the site only! by quick disconnect type (b) Permanent placement recreation vehicles that do not meet the limitations of temporary (7) Temporary nonresidential. structures. Priort tot thei issuance ofaf floodplain development permit fora temporary: structure, the applicant musts submit toi thet floodplain administrator: a plan for ther removal of such structure(s) int the event ofal hurricane, flash flood or other type off flood warning notification. Thef following information shall be submitted in writing to thet floodplain administrator for review and (a). Aspecified time period for which thet temporary use willl be permitted. Times specified may not (b) Ther name, address, and phone number oft thei individual responsible for the removal ofi the (c) Thet time frame prior tot the event at which as structure will be removed (i.e., minimum of72 hours before landfall ofal hurricane ori immediately upon flood warning notification); (d) Acopy oft the contract or other suitable instrument with the entity responsible for physical (e) Designation, accompanied by documentation, ofal location outside the special flood hazard area (8) Accessory structures. When accessory: structures (sheds, detached garages, etc.) are to be placed within (a) Accessory structures shall noth be usedi for human habitation (including work, sleeping, living,  utilities and has no permanently: attached additions); placements shall meet all the requirements for new construction.  written approval:  exceed three months, renewable. up to one year;  temporary: structure;  removal oft thes structure; and  to whicht the temporary structure willl be moved. as special flood hazard area, thet following criteria shall be met: (b) Accessory structures shall not be emperature-controled; (c) Accessory structures shall be designed to havel low flood damage potential; (d) Accessory structures shall be constructed and placed on the buildings site so as to offer the (e) Accessory structures shall be firmly anchored in accordance with the provisions of article) V, (f) All service facilities such as electrical and heating equipment shall be installed in accordance with (g) Accessory structures, regardless of the size or cost, shall not be placed below elevated buildings (h) Flood openings toi facilitate automatic equalization of hydrostatic flood forces shall be provided below regulatory flood protection elevation in conformance with article V, subsection 18- An accessory structure with af footprint 600: square feet or less and satisfies the criteria outlined above is not required to meet the elevation or floodproofing standards of article V, subsection 18-41(2). Elevation or floodproofing standards and certifications are required fora all other accessory structures in accordance with article IV, subsection 18-26(3) and article V, subsection 18-41(2). (9) Tanks. When gas and liquid storage tanks are to be placed within as special flood hazard area, the  cooking or restroom areas);  minimum resistance tot thet flow of floodwaters;  subsection 18-40(1); article V, subsection 18-40(4); inVand VEz zones; and 41(4)(d).  following criteria shall be met:  Page 23 of27    (a) Underground tanks. Underground tanks int flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions oft the design flood, including the effects of buoyancy assuming thet tank is empty; (b) Above-ground tanks, elevated. Above-ground tanks int flood hazard areas shall be elevated to or above the regulatory flood protection elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions oft the design flood. Tank- supporting structures shall meet thet foundation requirements oft the applicable flood hazard (c) Above-ground tanks not elevated. Above-groundi tanks that do not meet the elevation requirements of article V, subsection 18-41(2) oft this Chapter shall be permitted ini flood hazard areas provided thet tanks are designed, constructed, installed, and anchored to resist alli flood- related and otherl loads, including the effects of buoyancy, during conditions oft the designf flood and without release of contents int thei floodwaters ori infiltration byf floodwaters into thet tanks. Tanks shall be designed, constructed, installed, anda anchored to resist the potential buoyant and otheri flood forces acting on an empty tank during design flood conditions. (d) Tanki inlets and vents. Tanki inlets, fill openings, outlets and vents shall be: (i) At ora above the regulatory flood protection elevation or fitted with covers designed to prevent thei inflow oft floodwater or outflow of the contents of thei tanks during conditions (i) Anchored to prevent lateral movement resulting froml hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions oft the design flood.  area;  oft the design flood; and  (10) Other development.  (a) Fences in regulated floodways and NEAs that havet the potential to block the passage of floodwaters, sucha ass stockade fences and wire mesh fences, shall meet thel limitations of article (b). Retaining walls, sidewalks and driveways in regulated floodways and NEAS. Retaining walls and sidewalks and driveways thati involve the placement off fill inr regulated floodways shall meet the (c) Roads and watercourse crossings in regulated floodways and NEAS. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians tot travel from one: side ofa a watercourse to the others side, that encroach into regulated floodways shall meet the limitations of article V, section 18-43 oft this chapter.. (d) Commercial storaget facilities are not considered "limited storage" as noted ini this chapter, and shall be protected tot ther regulatoryi flood protection elevation as required for commercial  V, section 18-43 oft this chapter.  limitations of article V, section 18-43 oft this chapter.  structures.  Sec. 18-42. Standards for floodplains without established base flood elevations.  Within thes special flood hazard areas established ina article II, section 18-7, where no base flood elevation (1) No encroachments, includingf fill, new construction, substantial improvements or new development shall be permitted within a distance of 201 feet each side from top of bank ori five timest the width oft the stream whichever is greater, unless certification with supporting technical data bya ar registered professional engineer is provided demonstrating thats suche encroachments shall notr resulti in any increase ini flood levels during the occurrence oft the baset flood discharge.  (BFE) data has been provided, thei following provisions shall apply:  Page 24 of27    (2) The BFE usedi in determining the regulatory flood protection elevation shall be determined based on (a) When BFE data is available from others sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this chapter ands shall be elevated ort floodproofedi in accordance withs standards in article' V, sections 18-40 (b) When floodway or non-encroachment datai is available from af federal, state, or other source, all new construction and substantial improvements within floodway andr non-encroachment areas shalla also comply with the requirements of article V, sections 18-41 and 18-44. (c) All subdivision, manufactured home park and other development proposals shall provide BFE data if development is greater than five acres or has moret than! 50 lots/manufactured home sites. Such BFE data shall be adopted by reference in accordance with article Il, section 18-7a and (d) When BFE data is nota availabler from a federal, state, or other source as outlined above, the reference level shall be elevated or floodproofed (nonresidential) to or abovet the regulatory flood protection elevation, as definedi in article II. All other applicable provisions of article V,  thef following criteria:  and: 18-41.  utilized in implementing this chapter.  section 18-41 shall also apply.  Sec. 18-42.1. Standards for riverine floodplains with base flood elevations but without  established floodways or non-encroachment areas.  Along rivers and streams where BFE data is provided by FEMA or is available from another: source butr neither floodway nor non-encroachment. areas arei identified for a special flood hazard area on1 the FIRM ori in the FIS  report, thet following requirements shalla apply to all development within such areas: (1) Standards of article V,s sections 18-40 and 18-41;and  (2) Until a regulatoryi floodway or non-encroachment areai is designated, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless certification with supporting technical datal bya a registered professional engineer is provided demonstrating that the cumulative effect oft the proposed development, when combined with all other existing and anticipated development, willr not increase the water surface elevation of thel base flood  more than onei foot ata any point..  Sec. 18-43. Floodways and non-encroachment areas.  Areas designated: as floodways or non-encroachment: areas arel located within thes special flood hazard areas established in article Il, section: 18-7. Thei floodways and non-encroachment: areas are extremely hazardous areas due tot the velocity ofi floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition tos standards outlined in article V, sections 18-40 and 18-41, shall apply to all (1) No encroachments, including fill, new construction, substantial improvements and other developments (a) Ithas been demonstrated through hydrologic and hydraulic analyses performed in accordance withs standard engineering practice that the proposed encroachment would not result in any increasei int thei flood levels during the occurrence oft the base flood. Such certification and  development within such areas:  shall be permitted unless:  Page 25 of27    technical data shall bep presented to the floodplain administrator prior toi issuance of floodplain (b) Aconditional letter ofr mapi revision (CLOMR) has been approved by FEMA. Al letter ofr map revision (LOMR) musta also be obtained within: six months of completion of the proposed (2) Ifarticle! V, subsection 18-43(1) is satisfied, all development shall comply with all applicablei flood (3) Manufactured homes shall be permitted provided thei following provisions are met: (a) The anchoring and thee elevation standards of article V, subsection 18-41(3); and (b) The no encroachment standards of article V, subsection 18-43(1) are met.  development permit. encroachment.  hazard reduction provisions oft this chapter.  Sec. 18-43.1. Standards for areas of shallow flooding (zone AO).  Located within the special flood! hazard areas established in article III, section 18-7, are areas designated as shallow flooding areas. These areas have special flood hazards associated with! basei flood depths of one tot three feet where a clearly defined channel does not exist and where the path of floodingi is unpredictable and indeterminate. In addition to article) V, sections 18-40 and 18-41, allr new construction and substantial (1) The reference levels shall be elevated atl least as high ast the depth number specified on the flood insurance rate map (FIRM), ini feet, plus ai freeboard oft two feet, above thel highest adjacent grade; or at least two feeta above thel highest adjacent grade ifr no depth number is specified. (2) Nonresidential structures may, in lieu ofe elevation, bet floodproofed to thes same level as required in article V, subsection 18-43.3(1) so that the structure, together with attendant utility and: sanitary facilities, below thatl 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 ande effects of buoyancy. Certification is required in accordance with article IV, subsection 18- (3) Adequate drainage paths shall be provided around: structures ons slopes, to guide floodwaters around  improvements shall meet the following requirements:  26(3) and article V, section 18-41(2). and away from proposed structures.  Sec. 18-43.2. Standards for areas of shallow flooding (zone AH).  Located within thes special flood hazard areas established in article II, section 18-7, are areas designated as shallow flooding areas. These areas are subject toi inundation by one perent-annual-chance shallow flooding (usually areas of ponding) where average depths are one tot threef feet. Base flood elevations are derived from detailed hydraulic analyses are: showni int thisz zone. In addition to article V, sections 18-40 and 18-41, all new (1) Adequate drainage paths shall be provided around structures on: slopes, to guide floodwaters around  construction and: substantial improvements: shall meett thet following requirements:  and away from proposed structures.  ARTICLE VI. LEGAL STATUS PROVISIONS  Page 260 of27    Sec. 18-44. Effect on rights and liabilities under the existing flood damage prevention This ordinance in part comes forward by re-enactment of some oft the provisions of the Flood Damage Prevention Ordinance enacted. April6 6, 1987as amended, andi iti is noti thei intention to repeal but rathert tor re-enact and continue to enforce withouti interruption of such existing provisions, sot thata all rightsand liabilities that have accruedi thereunder: are reserved and may! be enforced. The enactment oft this ordinance shall not affect any action, suit or proceeding instituted orp pending. All provisions oft the Flood Damage Prevention Ordinance of Town of Vanceboro enacted on April 6, 1987, as amended, which are not reenacted herein are repealed. The date oft thei initial Flood Damage Prevention Ordinance for Craven County is April6, 1987. Sec. 18-44.1 Effect upon outstanding floodplain development permits.  ordinance.  Nothing herein contained: shallr require any change int the plans, construction, size, or designated use of any development or any part thereof for which ai floodplain development permit has been granted byt the Floodplain Administrator or his or her authorized agents before thet time of passage oft this ordinance; provided, however, that when construction ist not begun under such outstanding permit within ap period ofs six (6) months subsequent tot the date of issuance oft the outstanding permit, construction or use: shall be in conformity with the provisions of  this ordinance.  Sec. 18-44.2. Severability.  Ifanys section, clause, sentence, or phrase oft the ordinance is held tol bei invalid or unconstitutional by any court ofc competent. jurisdiction, then said holding shalli in no way effect the validity oft the remaining portions of  this chapter.  Sec. 18-45. Effective date.  This chapter shall become effective on February6, 2023.  Sec. 18-46. Adoption certification.  Ihereby certify that thisi isat true and correct copy of the Flood Damage Prevention Ordinance as adopted  byt the Board of Alderman of the Town of Vanceboro, North Carolina, ont the 6" day of February, 2023. WITNESS my hand and the official seal oft thel Town of Vanceboro,tbist the 6"h day of February, 2023.  NAA, GAPSHAIA 1877,  Gude Bghl  (Signature)  -   Page 27of27