<div class="chunk-title">Sec. 5.6 - Flood damage prevention.</div>
<div class="chunk-content">
            <p class="b0">
               <span class="bold">Sec. 5.6.1 General Provisions.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Statutory Authorization.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The Legislature of the State of North Carolina has in G.S. 160D-923, delegated to
               local governmental units the responsibility to adopt regulations designed to promote
               the public health, safety, and general welfare.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               Therefore, the Board of Commissioners of Jackson County, North Carolina, has enacted
               the following floodplain development regulations.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Findings of Fact</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The flood prone areas within the County are subject to periodic inundation which results
               in loss of life, property, health and safety hazards, disruption of commerce and governmental
               services, extraordinary public expenditures of flood protection and relief, and impairment
               of the tax base, all of which adversely affect the public health, safety, and general
               welfare.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               These flood losses are caused by the cumulative effect of obstructions in floodplains
               causing increases in flood heights and velocities and by the occupancy in flood prone
               areas of uses vulnerable to floods or other hazards.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Statement of Purpose</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               It is the purpose of this section to promote public health, safety, and general welfare
               and to minimize public and private losses due to flood conditions within flood prone
               areas by provisions designed to:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Restrict or prohibit uses that are dangerous to health, safety, and property due to
               water or erosion hazards or that result in damaging increases in erosion, flood heights
               or velocities
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Require that uses vulnerable to floods, including facilities that serve such uses,
               be protected against flood damage at the time of initial construction
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Control the alteration of natural floodplains, stream channels, and natural protective
               barriers, which are involved in the accommodation of floodwaters
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               Control filling, grading, dredging, and all other development that may increase erosion
               or flood damage
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               Prevent or regulate the construction of flood barriers that will unnaturally divert
               flood waters, or which may increase flood hazards to other lands
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Objectives</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The objectives of this section are to:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Protect human life, safety, and health
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Minimize expenditure of public money for costly flood control projects
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Minimize the need for rescue and relief efforts associated with flooding and generally
               undertaken at the expense of the general public
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               Minimize prolonged business losses and interruptions
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               Minimize damage to public facilities and utilities (i.e. water and gas mains, electric,
               telephone, cable and sewer lines, streets, and bridges) that are located in flood
               prone areas
               </p>
            		
            <p class="incr2">
               6)
               </p>
            		
            <p class="content3">
               Help maintain a stable tax base by providing for the sound use and development of
               flood prone areas
               </p>
            		
            <p class="incr2">
               7)
               </p>
            		
            <p class="content3">
               Ensure that potential buyers are aware that property is in a special flood hazard
               area
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Applicability</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               This section shall apply to all special flood hazard areas within the County, including
               the municipal jurisdictions, including extra-territorial jurisdictions (ETJs), of
               Sylva, Dillsboro, Webster and Forest Hills.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Basis for Establishing the Special Flood Hazard Areas</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The special flood hazard areas are those identified under the cooperating technical
               state (CTS) agreement between the State of North Carolina and FEMA in its flood insurance
               study (FIS) and its accompanying flood insurance rate maps (FIRM), for Jackson County
               and its incorporated areas, dated April 4, 2010, which are adopted by reference and
               declared to be a part of this Section.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               <span class="ital">Establishment of Floodplain Development Permit</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               A floodplain development permit shall be required in conformance with the provisions
               of this section prior to the commencement of any development activities within special
               flood hazard areas determined in accordance with the provisions of Section 5.6.1(f)(i).
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               <span class="ital">Compliance</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               No structure or land shall hereafter be located, extended, converted, altered, or
               developed in any way without full compliance with the terms of this section and other
               applicable regulations.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               <span class="ital">Abrogation and Greater Restrictions</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               This section is not intended to repeal, abrogate, or impair any existing easements,
               covenants, or deed restrictions. However, where this section and another conflict
               or overlap, whichever imposes the more stringent restrictions shall prevail.
               </p>
            		
            <p class="incr0">
               (j)
               </p>
            		
            <p class="content1">
               <span class="ital">Interpretation</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               In the interpretation and application of this section, all provisions shall be:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Considered as minimum requirements
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Liberally construed in favor of the governing body
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Deemed neither to limit nor repeal any other powers granted under State statutes
               </p>
            		
            <p class="incr0">
               (k)
               </p>
            		
            <p class="content1">
               <span class="ital">Warning and Disclaimer of Liability</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The degree of flood protection required by this section is considered reasonable for
               regulatory purposes and is based on scientific and engineering consideration.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               Larger floods can and will occur. Actual flood heights may be increased by man-made
               or natural causes.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               This section does not imply that land outside the special flood hazard areas or uses
               permitted within such areas will be free from flooding or flood damages.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               This section shall not create liability on the part of the County or by any officer
               or employee thereof for any flood damages that result from reliance on this section
               or any administrative decision lawfully made thereafter.
               </p>
            		
            <p class="incr0">
               (l)
               </p>
            		
            <p class="content1">
               <span class="ital">Lands to which this Section applies:</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The municipalities of Sylva, Dillsboro, Forest Hills, and Webster have entered into
               an officially approved inter-local agreement to authorize and designate that the Permitting
               and Code Enforcement Director will be serving as the administrator of this section
               within the corporate and extra-territorial jurisdictions of their municipality.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               This section shall apply to all special flood hazard areas within the county, including
               those within municipal jurisdictions, including the extra-territorial jurisdictions
               (ETJs), of Sylva, Dillsboro, Webster and Forest Hills.
               </p>
            		
            <p class="incr0">
               (m)
               </p>
            		
            <p class="content1">
               <span class="ital">Variance Procedure</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The County Board of Adjustment shall hear and decide requests for variances from the
               requirements of this Section within the unincorporated areas of the County and make
               appeals to the Superior Court per Table 3.1: Development Review Procedures and Section
               3.7.20, Variances.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               Variances may be issued for:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               The repair or rehabilitation of historic structures upon the determination that the
               proposed repair or rehabilitation will not preclude the structure's continued designation
               as a historic structure and that the variance is the minimum necessary to preserve
               the historic character and design of the structure;
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Functionally dependent facilities if determined to meet the definition as stated in
               Article XI Definitions, provided provisions of subsection viii(2), (3), and (5) below
               have been satisfied, and such facilities are protected by methods that minimize flood
               damages during the base flood and create no additional threats to public safety; or
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Any other type of development, provided it meets the requirements of this Section.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               In passing upon variances, the appeal board shall consider all technical evaluations,
               all relevant factors, all standards specified in other sections of this chapter, and:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               The danger that materials may be swept onto other lands to the injury of others;
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               The danger to life and property due to flooding or erosion damage;
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               The susceptibility of the proposed facility and its contents to flood damage and the
               effect of such damage on the individual owner;
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               The importance of the services provided by the proposed facility to the community;
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               The necessity to the facility of a waterfront location as defined in Article XI of
               this chapter as a functionally dependent facility, where applicable;
               </p>
            		
            <p class="incr2">
               6)
               </p>
            		
            <p class="content3">
               The availability of alternative locations, not subject to flooding or erosion damage,
               for the proposed use;
               </p>
            		
            <p class="incr2">
               7)
               </p>
            		
            <p class="content3">
               The compatibility of the proposed use with existing and anticipated development;
               </p>
            		
            <p class="incr2">
               8)
               </p>
            		
            <p class="content3">
               The relationship of the proposed use to the comprehensive plan and floodplain management
               program for that area;
               </p>
            		
            <p class="incr2">
               9)
               </p>
            		
            <p class="content3">
               The safety of access to the property in times of flood for ordinary and emergency
               vehicles;
               </p>
            		
            <p class="incr2">
               10)
               </p>
            		
            <p class="content3">
               The expected heights, velocity, duration, rate of rise, and sediment transport of
               the floodwaters and the effects of wave action, if applicable, expected at the site;
               and
               </p>
            		
            <p class="incr2">
               11)
               </p>
            		
            <p class="content3">
               The costs of providing governmental services during and after flood conditions including
               maintenance and repair of public utilities and facilities such as sewer, gas, electrical
               and water systems, and streets and bridges.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               A written report addressing each of the above factors shall be submitted with the
               application for a variance.
               </p>
            		
            <p class="incr1">
               (v)
               </p>
            		
            <p class="content2">
               Upon consideration of the factors listed above and the purposes of this chapter, the
               appeal board may attach such conditions to the granting of variances as it deems necessary
               to further the purposes and objectives of this chapter.
               </p>
            		
            <p class="incr1">
               (vi)
               </p>
            		
            <p class="content2">
               Any applicant to whom a variance is granted shall be given written notice specifying
               the difference between the base flood elevation (BFE) and the elevation to which the
               structure is to be built and that such construction below the BFE increases risks
               to life and property, and that the issuance of a variance to construct a structure
               below the BFE will result in increased premium rates for flood insurance up to $25.00
               per $100.00 of insurance coverage. Such notification shall be maintained with a record
               of all variance actions, including justification for their issuance.
               </p>
            		
            <p class="incr1">
               (vii)
               </p>
            		
            <p class="content2">
               The floodplain administrator shall maintain the records of all appeal actions and
               report any variances to the Federal Emergency Management Agency and the state upon
               request.
               </p>
            		
            <p class="incr1">
               (viii)
               </p>
            		
            <p class="content2">
               Conditions for variances:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Variances shall not be issued when the variance will make the structure in violation
               of other federal, state, or local laws, regulations, or ordinances.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Variances shall not be issued within any designated floodway or non-encroachment area
               if the variance would result in any increase in flood levels during the base flood
               discharge.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Variances shall only be issued upon a determination that the variance is the minimum
               necessary, considering the flood hazard, to afford relief.
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               Variances shall only be issued prior to development permit approval.
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               Variances shall only be issued upon:
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               A showing of good and sufficient cause;
               </p>
            		
            <p class="incr3">
               b)
               </p>
            		
            <p class="content4">
               A determination that failure to grant the variance would result in exceptional hardship;
               and
               </p>
            		
            <p class="incr3">
               c)
               </p>
            		
            <p class="content4">
               A determination that the granting of a variance will not result in increased flood
               heights, additional threats to public safety, or extraordinary public expense, create
               nuisance, cause fraud on or victimization of the public, or conflict with existing
               local laws or ordinances.
               </p>
            		
            <p class="incr1">
               (ix)
               </p>
            		
            <p class="content2">
               A variance may be issued for solid waste disposal facilities or sites, 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.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               The use serves a critical need in the community.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               No feasible location exists for the use outside the special flood hazard area.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               The reference level of any structure is elevated or floodproofed to at least the regulatory
               flood protection elevation.
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               The use complies with all other applicable federal, state and local laws.
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               The Permitting and Code Enforcement Director has notified the Secretary of The State
               Department of Crime Control and Public Safety of its intention to grant a variance
               at least 30 calendar days prior to granting the variance.
               </p>
            		
            <p class="historynote0">
               (Ord. No. O2019-01(5), 11-2-2021)
               </p>
            <p class="b0">
               <span class="bold">Sec. 5.6.2 Administration.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Designation of Director</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               It is the responsibility of the Permitting and Code Enforcement Director to administer
               and implement the provisions of this section as the Jackson County Floodplain Administrator
               per Section 2.1.2.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               The municipalities of Sylva, Dillsboro, Webster, and Forest Hills have entered into
               an officially approved inter-local agreement with the County for the Permitting and
               Code Enforcement Director to serve as the Administrator of this Section within the
               corporate and extra-territorial jurisdictions of said municipalities.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Application Requirements</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               For floodplain development permit procedures, refer to Section 3.7.6.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Duties and Responsibilities of the Director</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The Permitting and Code Enforcement Director shall perform, but not be limited to,
               the following duties:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Review all floodplain development applications and issue permits for all proposed
               development within special flood hazard areas to assure that the requirements of this
               Section have been satisfied.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Review all proposed development within special flood hazard areas to assure that all
               necessary local, state and federal permits have been received.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Notify adjacent communities and the State Department of Crime Control and Public Safety,
               Division of Emergency Management, state coordinator for the National Flood Insurance
               Program prior to any alteration or relocation of a watercourse and submit evidence
               of such notification to the Federal Emergency Management Agency (FEMA).
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               Assure that maintenance is provided within the altered or relocated portion of said
               watercourse so that the flood-carrying capacity is maintained.
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               Prevent encroachments into floodways and non-encroachment areas unless the certification
               and flood hazard reduction provisions of subsection 5.6.3 (e) are met.
               </p>
            		
            <p class="incr2">
               6)
               </p>
            		
            <p class="content3">
               Obtain actual elevation (in relation to mean sea level) of the reference level (including
               basement) and all attendant utilities of all new and substantially improved structures,
               in accordance with the provisions of Section 3.7.6 (f).
               </p>
            		
            <p class="incr2">
               7)
               </p>
            		
            <p class="content3">
               Obtain actual elevation (in relation to mean sea level) to which all new and substantially
               improved structures and utilities have been floodproofed, in accordance with the provisions
               of Section 3.7.6 (f).
               </p>
            		
            <p class="incr2">
               8)
               </p>
            		
            <p class="content3">
               Obtain actual elevation (in relation to mean sea level) of all public utilities in
               accordance with the provisions of Section 3.7.6 (f).
               </p>
            		
            <p class="incr2">
               9)
               </p>
            		
            <p class="content3">
               When floodproofing is utilized for a particular structure, obtain certifications from
               a registered professional engineer or architect in accordance with the provisions
               of Section 3.7.6 (f). and subsection 5.6.3(b)(i)2).
               </p>
            		
            <p class="incr2">
               10)
               </p>
            		
            <p class="content3">
               Where interpretation is needed as to the exact location of boundaries of the special
               flood hazard areas, floodways, or non-encroachment areas (for example, where there
               appears to be a conflict between a mapped boundary and actual field conditions), make
               the necessary interpretation. The person contesting the location of the boundary shall
               be given a reasonable opportunity to appeal the interpretation as provided in this
               section.
               </p>
            		
            <p class="incr2">
               11)
               </p>
            		
            <p class="content3">
               When base flood elevation (BFE) data has not been provided in accordance with the
               provisions of subsection 3.7.6 (f): Floodplain Development Permit, obtain, review,
               and reasonably utilize any BFE data, along with floodway data or non-encroachment
               area data available from a Federal, State, or other source, including data developed
               pursuant to subsection 5.6.3 (c)(i)2)(b) in order to administer the provisions of
               this section.
               </p>
            		
            <p class="incr2">
               12)
               </p>
            		
            <p class="content3">
               When base flood elevation (BFE) data is provided but no floodway or non-encroachment
               area data has been provided in accordance with the provisions of Section 3.7.6: Floodplain
               Development Permit, obtain, review, and reasonably utilize any floodway data or non-encroachment
               area data available from a Federal, State, or other source in order to administer
               the provisions of this section.
               </p>
            		
            <p class="incr2">
               13)
               </p>
            		
            <p class="content3">
               When the lowest floor and the lowest adjacent grade of a structure or the lowest ground
               elevation of a parcel in a special flood hazard area is above the base flood elevation
               (BFE), advise the property owner of the option to apply for a letter of map amendment
               (LOMA) from FEMA. Maintain a copy of the LOMA issued by FEMA in the floodplain development
               permit file.
               </p>
            		
            <p class="incr2">
               14)
               </p>
            		
            <p class="content3">
               Permanently maintain all records that pertain to the administration of this section
               and make these records available for public inspection, recognizing that such information
               may be subject to the Privacy Act of 1974, as amended.
               </p>
            		
            <p class="incr2">
               15)
               </p>
            		
            <p class="content3">
               Make on-site inspections of work in progress. As the work pursuant to a floodplain
               development permit progresses, the Permitting and Code Enforcement Director 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 Permitting and Code Enforcement Director has
               a right, upon presentation of proper credentials, to enter on any premises within
               the jurisdiction of the community at any reasonable hour for the purposes of inspection
               or other enforcement action.
               </p>
            		
            <p class="incr2">
               16)
               </p>
            		
            <p class="content3">
               Issue stop-work orders as required. Whenever a building or part thereof is being constructed,
               reconstructed, altered, or repaired in violation of this section, the Permitting and
               Code Enforcement Director may order the work to be immediately stopped. The stop-work
               order shall be in writing and directed to the person doing or in charge of the work.
               The stop-work order shall state the specific work to be stopped, the specific reason(s)
               for the stoppage, and the condition(s) under which the work may be resumed. Violation
               of a stop-work order constitutes a misdemeanor.
               </p>
            		
            <p class="incr2">
               17)
               </p>
            		
            <p class="content3">
               Revoke floodplain development permits as required. The Permitting and Code Enforcement
               Director may revoke and require the return of the floodplain development permit by
               notifying the permit holder in writing stating the reason(s) for the revocation. Permits
               shall be revoked for any substantial departure from the approved application, plans,
               and specifications; for refusal or failure to comply with the requirements of State
               or local laws; or for false statements or misrepresentations made in securing the
               permit. Any floodplain development permit mistakenly issued in violation of an applicable
               State or local law may also be revoked.
               </p>
            		
            <p class="incr2">
               18)
               </p>
            		
            <p class="content3">
               Make periodic inspections throughout the special flood hazard areas within the jurisdiction
               of the community. The Permitting and Code Enforcement Director and each member of
               his or her inspections department shall have a right, upon presentation of proper
               credentials, to enter on any premises within the territorial jurisdiction of the department
               at any reasonable hour for the purposes of inspection or other enforcement action.
               </p>
            		
            <p class="incr2">
               19)
               </p>
            		
            <p class="content3">
               Follow through with corrective procedures of Article X: Violations and Enforcement.
               </p>
            		
            <p class="incr2">
               20)
               </p>
            		
            <p class="content3">
               Review, provide input, and make recommendations for variance requests.
               </p>
            		
            <p class="incr2">
               21)
               </p>
            		
            <p class="content3">
               Maintain a current map repository to include, but not limited to, the FIS report,
               FIRM and other official flood maps and studies adopted in accordance with the provisions
               of subsection 5.6.1 (f)(i) of this section, including any revisions thereto including
               letters of map change, issued by FEMA. Notify state and FEMA of mapping needs.
               </p>
            		
            <p class="incr2">
               22)
               </p>
            		
            <p class="content3">
               Coordinate revisions to FIS reports and FIRMs, including letters of map revision based
               on fill (LOMR-Fs) and letters of map revision (LOMRs).
               </p>
            		
            <p class="b0">
               <span class="bold">Sec. 5.6.3 Provisions for Flood Hazard Reduction.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">General Standards</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               In all special flood hazard areas, the following provisions are required:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               All new construction and substantial improvements shall be designed (or modified)
               and adequately anchored to prevent flotation, collapse, and lateral movement of the
               structure.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               All new construction and substantial improvements shall be constructed with materials
               and utility equipment resistant to flood damage.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               All new construction and substantial improvements shall be constructed by methods
               and practices that minimize flood damages.
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               Electrical, heating, ventilation, plumbing, air conditioning equipment, and other
               service facilities shall be designed and/or located so as to prevent water from entering
               or accumulating within the components during conditions of flooding to the regulatory
               flood protection elevation. These include, but are not limited to, HVAC equipment,
               water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes,
               utility/cable boxes, hot water heaters, and electric outlets/switches.
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               All new and replacement water supply systems shall be designed to minimize or eliminate
               infiltration of floodwaters into the system.
               </p>
            		
            <p class="incr2">
               6)
               </p>
            		
            <p class="content3">
               New and replacement sanitary sewage systems shall be designed to minimize or eliminate
               infiltration of floodwaters into the systems and discharges from the systems into
               flood waters.
               </p>
            		
            <p class="incr2">
               7)
               </p>
            		
            <p class="content3">
               On-site waste disposal systems shall be located and constructed to avoid impairment
               to them or contamination from them during flooding.
               </p>
            		
            <p class="incr2">
               8)
               </p>
            		
            <p class="content3">
               Any alteration, repair, reconstruction, or improvements to a structure, which is in
               compliance with the provisions of this section, shall meet the requirements of "new
               construction" as contained in this section.
               </p>
            		
            <p class="incr2">
               9)
               </p>
            		
            <p class="content3">
               Nothing in this section shall prevent the repair, reconstruction, or replacement of
               a building or structure existing on the effective date of this section and located
               totally or partially within the floodway, non-encroachment area, or stream setback,
               provided there is no additional encroachment below the regulatory flood protection
               elevation in the floodway, non-encroachment area, or stream setback, and provided
               that such repair, reconstruction, or replacement meets all of the other requirements
               of this Section.
               </p>
            		
            <p class="incr2">
               10)
               </p>
            		
            <p class="content3">
               New solid waste disposal facilities and sites, hazardous waste management facilities,
               salvage yards, and chemical storage facilities shall not be permitted, except by variance
               as specified in subsection 3.7.20. A structure or tank for chemical or fuel storage
               incidental to an allowed use or to the operation of a water treatment plant or wastewater
               treatment facility may be located in a special flood hazard area only if the structure
               or tank is either elevated or floodproofed to at least the regulatory flood protection
               elevation and certified in accordance with the provisions of subsection 3.7.6.
               </p>
            		
            <p class="incr2">
               11)
               </p>
            		
            <p class="content3">
               All subdivision proposals and other development proposals shall be consistent with
               the need to minimize flood damage.
               </p>
            		
            <p class="incr2">
               12)
               </p>
            		
            <p class="content3">
               All subdivision proposals and other development proposals shall have public utilities
               and facilities such as sewer, gas, electrical, and water systems located and constructed
               to minimize flood damage.
               </p>
            		
            <p class="incr2">
               13)
               </p>
            		
            <p class="content3">
               All subdivision proposals and other development proposals shall have adequate drainage
               provided to reduce exposure to flood hazards.
               </p>
            		
            <p class="incr2">
               14)
               </p>
            		
            <p class="content3">
               All subdivision proposals and other development proposals shall have received all
               necessary permits from those governmental agencies for which approval is required
               by Federal or State law, including section 404 of the Federal Water Pollution Control
               Act Amendments of 1972, 33 U.S.C. 1334.
               </p>
            		
            <p class="incr2">
               15)
               </p>
            		
            <p class="content3">
               When a structure is partially located in a special flood hazard area, the entire structure
               shall meet the requirements for new construction and substantial improvements.
               </p>
            		
            <p class="incr2">
               16)
               </p>
            		
            <p class="content3">
               When a structure is located in multiple flood hazard zones or in a flood hazard risk
               zone with multiple base flood elevations, the provisions for the more restrictive
               flood hazard risk zone and the highest base flood elevation (BFE) shall apply.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Specific Standards</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               In all special flood hazard areas where base flood elevation (BFE) data has been provided,
               as set forth in subsections 5.6.1 (f)(i) or 5.6.3 (c), the following provisions, in
               addition to the provisions of subsection 5.6.3 (a) are required:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               <span class="ital">Residential construction</span>.
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               New construction and substantial improvement of any residential structure (including
               manufactured homes) shall have the reference level, including basement, elevated no
               lower than the regulatory flood protection elevation, as defined in Article XI: Definitions
               of this Ordinance.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               <span class="ital">Nonresidential construction</span>.
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               New construction and substantial improvement of any commercial, industrial, or other
               nonresidential structure shall have the reference level, including basement, elevated
               no lower than the regulatory flood protection elevation, as defined in Article XI:
               Definitions.
               </p>
            		
            <p class="incr3">
               b)
               </p>
            		
            <p class="content4">
               Structures located in A, AE, AO, and A1-30 zones may be floodproofed to the regulatory
               flood protection elevation in lieu of elevation provided that all areas of the structure,
               together with attendant utility and sanitary facilities, below the regulatory flood
               protection elevation are watertight with walls substantially impermeable to the passage
               of water, using structural components having the capability of resisting hydrostatic
               and hydrodynamic loads and the effect of buoyancy. For AO zones, the floodproofing
               elevation shall be in accordance with subsection 5.6.3 (c)(i)(2).
               </p>
            		
            <p class="incr3">
               c)
               </p>
            		
            <p class="content4">
               A registered professional engineer or architect shall certify that the floodproofing
               standards of this subsection are satisfied. Such certification shall be provided to
               the Permitting and Code Enforcement Director as set forth in subsection 3.7.6 (f),
               along with the operational plan and the inspection and maintenance plan.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               <span class="ital">Manufactured homes</span>.
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               New and replacement manufactured homes shall be elevated so that the reference level
               of the manufactured home is no lower than the regulatory flood protection elevation,
               as defined in Article XI: Definitions.
               </p>
            		
            <p class="incr3">
               b)
               </p>
            		
            <p class="content4">
               Manufactured homes shall be securely anchored to an adequately anchored foundation
               to resist flotation, collapse, and lateral movement, either by certified engineered
               foundation system, or in accordance with the most current edition of the State of
               North Carolina Regulations for Manufactured Homes adopted by the Commissioner of Insurance
               pursuant to G.S. 143-143.15.
               </p>
            		
            <p class="incr3">
               c)
               </p>
            		
            <p class="content4">
               Additionally, when the elevation would be met by an elevation of the chassis 36 inches
               or less above the grade at the site, the chassis shall be supported by reinforced
               piers or engineered foundation. When the elevation of the chassis is above 36 inches
               in height, an engineering certification is required.
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               All enclosures or skirting below the lowest floor shall meet the requirements of subsection
               5.6.2 (b)(ii).
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               An evacuation plan must be developed for evacuation of all residents of all new, substantially
               improved or substantially damaged manufactured home parks or subdivisions located
               within flood prone areas. This plan shall be filed with and approved by the Permitting
               and Code Enforcement Director and the local emergency management coordinator.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               <span class="ital">Elevated buildings</span>. Fully enclosed area, of new construction and substantially improved structures,
               which is below the lowest floor.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Shall not be designed or used for human habitation, but shall only be used for parking
               of vehicles, building access, or limited storage of maintenance equipment used in
               connection with the premises. Access to the enclosed area shall be the minimum necessary
               to allow for parking of vehicles (garage door) or limited storage of maintenance equipment
               (standard exterior door), or entry to the living area (stairway or elevator). The
               interior portion of such enclosed area shall not be finished or partitioned into separate
               rooms, except to enclose storage areas;
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Shall be constructed entirely of flood resistant materials at least to the regulatory
               flood protection elevation; and
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Shall include, in zones A, AO, AE, and A1-30, flood openings to automatically equalize
               hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters.
               To meet this requirement, the openings must either be certified by a professional
               engineer or architect or meet or exceed the following minimum design criteria:
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               A minimum of two flood openings on different sides of each enclosed area subject to
               flooding;
               </p>
            		
            <p class="incr3">
               b)
               </p>
            		
            <p class="content4">
               The total net area of all flood openings must be at least one square inch for each
               square foot of enclosed area subject to flooding;
               </p>
            		
            <p class="incr3">
               c)
               </p>
            		
            <p class="content4">
               If a building has more than one enclosed area, each enclosed area must have flood
               openings to allow floodwaters to automatically enter and exit;
               </p>
            		
            <p class="incr3">
               d)
               </p>
            		
            <p class="content4">
               The bottom of all required flood openings shall be no higher than one foot above the
               adjacent grade;
               </p>
            		
            <p class="incr3">
               e)
               </p>
            		
            <p class="content4">
               Flood openings may be equipped with screens, louvers, or other coverings or devices,
               provided they permit the automatic flow of floodwaters in both directions; and
               </p>
            		
            <p class="incr3">
               f)
               </p>
            		
            <p class="content4">
               Enclosures made of flexible skirting are not considered enclosures for regulatory
               purposes, and, therefore, do not require flood openings. Masonry or wood underpinning,
               regardless of structural status, is considered an enclosure and requires flood openings
               as outlined above.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               <span class="ital">Additions/improvements</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Additions and/or improvements to pre-FIRM structures when the addition and/or improvements
               in combination with any interior modifications to the existing structure are:
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               Not a substantial improvement, the addition and/or improvements must be designed to
               minimize flood damages and must not be any more non-conforming than the existing structure.
               </p>
            		
            <p class="incr3">
               b)
               </p>
            		
            <p class="content4">
               A substantial improvement, both the existing structure and the addition and/or improvements
               must comply with the standards for new construction.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Additions to post-FIRM structures with no modifications to the existing structure
               other than a standard door in the common wall shall require only the addition to comply
               with the standards for new construction.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Additions and/or improvements to post-FIRM structures when the addition and/or improvements
               in combination with any interior modifications to the existing structure are:
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               Not a substantial improvement, the addition and/or improvements only must comply with
               the standards for new construction.
               </p>
            		
            <p class="incr3">
               b)
               </p>
            		
            <p class="content4">
               A substantial improvement, both the existing structure and the addition and/or improvements
               must comply with the standards for new construction.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               <span class="ital">Recreational vehicles</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Recreational vehicles shall either:
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               Be on site for fewer than 180 consecutive days and be fully licensed and ready for
               highway use (a recreational vehicle is ready for highway use if it is on its wheels
               or jacking system, is attached to the site only by quick disconnect type utilities,
               and has no permanently attached additions); or
               </p>
            		
            <p class="incr3">
               b)
               </p>
            		
            <p class="content4">
               Meet all the requirements for new construction.
               </p>
            		
            <p class="incr1">
               (v)
               </p>
            		
            <p class="content2">
               <span class="ital">Temporary nonresidential structures</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Prior to the issuance of a floodplain development permit for a temporary structure,
               the applicant must submit to the Permitting and Code Enforcement Director a plan for
               the removal of such structure(s) in the event of a hurricane, flash flood or other
               type of flood warning notification. The following information shall be submitted in
               writing to the Permitting and Code Enforcement Director for review and written approval:
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               A specified time period for which the temporary use will be permitted. Time specified
               may not exceed three months, renewable up to one year;
               </p>
            		
            <p class="incr3">
               b)
               </p>
            		
            <p class="content4">
               The name, address, and phone number of the individual responsible for the removal
               of the temporary structure;
               </p>
            		
            <p class="incr3">
               c)
               </p>
            		
            <p class="content4">
               The time frame prior to the event at which a structure will be removed (i.e., minimum
               of 72 hours before landfall of a hurricane or immediately upon flood warning notification);
               </p>
            		
            <p class="incr3">
               d)
               </p>
            		
            <p class="content4">
               A copy of the contract or other suitable instrument with the entity responsible for
               physical removal of the structure; and
               </p>
            		
            <p class="incr3">
               e)
               </p>
            		
            <p class="content4">
               Designation, accompanied by documentation, of a location outside the special flood
               hazard area, to which the temporary structure will be moved.
               </p>
            		
            <p class="incr1">
               (vi)
               </p>
            		
            <p class="content2">
               <span class="ital">Accessory structures</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               When accessory structures (sheds, detached garages, etc.) are to be placed within
               a special flood hazard area, the following criteria shall be met:
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               Accessory structures shall not be used for human habitation (including working, sleeping,
               living, cooking or restroom areas);
               </p>
            		
            <p class="incr3">
               b)
               </p>
            		
            <p class="content4">
               Accessory structures shall not be temperature-controlled;
               </p>
            		
            <p class="incr3">
               c)
               </p>
            		
            <p class="content4">
               Accessory structures shall be designed to have low flood damage potential;
               </p>
            		
            <p class="incr3">
               d)
               </p>
            		
            <p class="content4">
               Accessory structures shall be const