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

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Article 1: Administratimt Section 1.10: Floodplain Administrator (F) Obtain actual elevation (in relation to mean sea level North American Vertical Datum (NAVD) 1988) of the reference level (including basement) of all attendant utilities of all new or substantially improved structures, as required by this Ordinance.8 (G) Obtain the actual elevation (in relation to mean sea levelNorth American Vertical Datum (NAVD) 1988) to which the new or substantially improved structures and all utilities have been flood proofed, as contained within this Ordinance. (H) Obtain actual elevation (in relation to mean sea level North American Vertical Datum (NAVD) 1988) of all public utilities, as contained within this Ordinance. (I) When flood proofing is utilized for a particular structure, obtain certifications from a North Carolina licensed Professional Engineer or Architect, as contained within this Ordinance. (J) Where interpretation is needed as to the exact location of boundaries of the SFHAs (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided for within this Ordinance. (K) When base flood elevation (BFE)data have not been provided in accordance with this Ordinance, obtain, review, and reasonably utilize any BFE data, along with floodway data and/or non-encroachment area data available from a Federal, State, or other source, including data developed pursuant to Section 6.6.1 6.21.6 (B), in order to administer the provisions of this Ordinance. (L) When BFE data is provided, but no floodway nor non-encroachment area data has been provided in accordance with Section/1.3.5 1.1.3, obtain, review, and reasonably utilize any floodway data, and/or non-encroachment area data available from a Federal, State, or other source in order to administer the provisions of this Ordinance. (M) When the exact location of boundaries of the SFHAs conflict with the current, natural topography information at the site, the property owner may apply and be approved for a Letter of Map Amendment(LOMA) by FEMA. The Floodplain Administrator in the floodplain development permit file will maintain a copy of the LOMA issued from FEMA. (M},(N) When the lowest floor and the lowest adjacent grade of a structure, or the lowest ground elevation of a parcel in a SFHA is above the BFE, advise the property owner of the option to apply for a LOMA from FEMA. The Floodplain Administrator in the floodplain development permit file will maintain a copy of the LOMA issued from FEMA. 9 (N)(0)i9Permanently maintain all records pertaining to the administration of this Ordinance and make these records available for public inspection during normal business hours recognizing that such information may be subject to the Privacy Act of 1974, as amended. ° (-0),(PLMake on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the Orange County at any reasonable hour for the purposes of inspection or other enforcement action. (P)(Q) Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and/or other official flood maps/studies adopted under Section/1.3.5 1.1.3 of this 8 The new FEMA minimum model ordinance eliminates references to mean sea level, and even eliminates the definition of mean sea level, and instead references compliance with the North American Vertical Datum(NAVD) as established in 1988. Staff is updating references to ensure consistency. 9 Optional language contained within the FEMA minimum model ordinance that staff is recommending for inclusion within the UDO. 10 Red underlined text being added to ensure consistency with the revised FEMA minimum model ordinance. Orange County, North Carolina—Unified Development Ordinance Page 1-18