Agenda - 11-14-2017 - D.2 - Unified Development Ordinance (UDO) and Zoning Atlas Amendments

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Article 6: Development Standar Section 6.21: Flood Regulations (xxii) Poly nuclear aromatic (xxiii) Volatile organic compounds (VOCs), or (xxiv) Any priority pollutants listed in Table 1 of Section 307 of the Clean Water Act (P.L. 92-500), as amended (b) Where chemicals and fuel are necessary for the operation of water and/or wastewater treatment facilities, the storage structure or tank may be located within a SFHA overlay provided it is either elevated or flood proofed in accordance with the standards contained herein and certified in accordance with Section 2.6.4 of this Ordinance. (9) The following facilities shall be prohibited in SFHAs: (a) Hospitals, (b) Nursing homes, (c) Foster care facilities, (d) Sheriffs facilities, (e) Fire stations, (f) Emergency operations centers, (q) Solid waste disposal facilities, (h) Hazardous waste management disposal facilities, (i) Junk/salvage yards, (j) Chemical storage facilities, and (k) Vehicle and equipment storage facilities. (10) Any inhabited structure within any SFHA shall have unobstructed, dry access during a regulatory flood event. (11) Nothing in this Ordinance shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this Ordinance and located totally or partially within the floodway, non-encroachment area,or stream setback, provided there is no additional encroachment below the RFPE 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 section and the Ordinance. S (12) When a structure is partially located in a SFHA, the entire structure shall meet the requirements for new construction and substantial improvement.' (13) New fill material within any SFHA shall be prohibited except as part of a roadway construction project consistent with the standards contained herein. 38 (14) Grading activities within any SFHA shall be prohibited except as part of a roadway construction project consistent with the standards contained herein.39 36 Language taken from the revised FEMA model flood ordinance. 3'New language taken from the new model flood ordinance. 38 Staff is recommending adding language recognizing the potential need for the use of fill material and/or grading activities in the SFHA connected to the development of a road. Please note roadway projects are required to adhere to a heightened review process as detailed herein, including review and approval of the project by State FEMA officials. 39 Staff has always relied on existing regulations prohibited development activity within,as well as requiring the preservation of a stream/floodplain buffer around,identified SFHA as a means of denoting no grading activity Orange County, North Carolina—Unified Development Ordinance Page 6-150