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Article 6: Development Standards Section 6.21: Flood Regulations Orange County, North Carolina – Unified Development Ordinance Page 6-157 (4) Have provided all Base Flood Elevation (BFE) data provided if development exceeds either 50 lots/units or five acres. Such BFE data shall be adopted by reference per Section 4.31.1.3 of this Ordinance.44 Additional Standards for Development of Uses Within Special Flood Hazard Area Overlay District (SFHA)45 The Board of County Commissioners may issue a Class “A” Special Use Permit for solid waste disposal facilities, hazardous waste management facilities, salvage/junk yards, and chemical storage facilities that are located in SFHAs, in accordance with the Table of Permitted Uses, if all of the following conditions are met: The use serves a critical need in the Orange County. No feasible location exists for the use outside the SFHA. The reference level of any structure is elevated or flood proofed to at least the regulatory flood protection level. The use complies with all other applicable federal, state and local laws. Orange County has notified the Secretary of the North Carolina Department of Crime Control and Public Safety of its intention to grant a Special Use Permit at least 30 days before granting the permit. The Board of County Commissioners is required to make affirmative findings of fact based on the testimony of the applicant(s) as to the project’s compliance with these standards. (E) Effect Upon Outstanding Floodplain Development Permits Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the Floodplain Administrator or his/her authorized agents before the time of passage of this Ordinance; provided, however, that when construction is not begun under such outstanding permit within a period of six months subsequent to passage of this Ordinance or any revision thereto, construction or use shall be in conformity with the provisions of this Ordinance. (F) Enforcement The provisions of the SFHA Overlay District shall be enforced in accordance with the requirements contained within Section 9.7 of this Ordinance. 44 Staff is recommending we eliminate the identified unnecessary and conflicting language. All flood areas (i.e. SFHA) are required to be left undisturbed and protected by open space areas (i.e. primary open space in a subdivision). Further we require all applicable data for a project located on a property encumbered by SFHA. As a result providing some exemption from the requirement based on acreage/number of units is inconsistent with established regulations. 45 This section is recommended for deletion given staff’s recommendation to prohibit development of solid/hazardous waste management facilities, salvage/junk yards, and chemical storage facilities within a SFHA. From our standpoint allowing for same is inconsistent with the overall purpose and intent of the County’s floodplain management program. 149