April 2, 2018 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 196 Meeting of the Johnston County Board of Commissioners April 2 , 2018 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , April 2 , 2018 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Jeffrey P Carver , Vice Chairman Ted G Godwin , Cookie Pope , Allen L Mims , Jr , Chad M Stewart , Larry Wood , and Lee Jackson Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Jeffrey P Carver called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment None 2 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – March 23 and 30 , 2018 Certified letters were mailed to adjoining property owners on March 19 , 2018 A notice was posted at the location on February 5 , 2018 for Case 18 - 03 The Chairman opened the Rezoning Hearing for Case 18 - 03 Case 18 - 03 Petition to rezone a 145 - acre tract located at 149 Turnipseed Rd SR 1717 in Wilders Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 16J02048T Owner Saloman Segovia - Garay and Sandra Santos - Gomez Applicant Saloman Segovia - Garay Zoning Enforcement Officer Todd Marr stated the petition is to rezone a 145 - acre tract located at 149 Turnipseed Road in Wilders Township from Agricultural Residential to General Business - Special Use District He noted the special use request associated with the rezoning is to allow storage and maintenance of vehicles and equipment as well as single - family residential use Mr Marr stated the surrounding land uses are zoned Agricultural Residential for agricultural and residential purposes and General Business – Special Use District for motorcycle repair and online sales The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Mr Marr noted the request came in as a violation Dorian Ramirez , 94 Bridle Drive , Angier , speaking on behalf of the applicant , addressed the Board and stated the applicant was surprised to learn the neighbors had complained about the property because he felt those neighbors were also doing some of the same activities Mr Ramirez reported the applicant has installed a privacy fence and made efforts to improve and clean up the property Mr Ramirez stated with regards to noise complaints from the neighbors , he has a video on his phone taken from the end of the applicant’s driveway on the subject site with every piece of equipment the applicant owns in operation and he feels the noise is barely audible Mr Ramirez also stated he feels the neighbors are being unfair to the applicant because when he purchased the property there were surrounding properties using farming equipment ; therefore , noise will always be on that road Mr Ramirez informed the Board that the applicant is willing to do whatever is necessary to get the rezoning approved Chairman Jeffrey P Carver stated with regards to the comment made by Mr Ramirez that the surrounding properties were utilizing farming equipment , he pointed out that the area was zoned for agricultural in which farming type equipment is allowed Chairman Carver stated the problems appeared to begin when the applicant began operating heavy equipment for his business noting the request came in as a violation At the inquiry of Commissioner Larry Wood , Mr Ramirez stated the applicant purchased the property in 2010 Page197 April 2 , 2018 – 6 00 pm Continued Kerry Waldroup , 152 Turnipseed Road , spoke in opposition to the rezoning request Ms Waldroup stated she has lived directly across from the subject site for three years , but she would not have purchased her home if the subject site had looked then the way it does today Ms Waldroup submitted photographs to the Board of the subject site taken prior to the applicant making improvements to the property as well as photographs taken over the weekend Ms Waldroup stated the applicant has said he does not work on weekends or holidays ; however , yesterday was Easter morning and equipment was in operation on the subject site with dump trucks leaving the driveway early that morning Ms Waldroup stated they appreciate the effort the applicant has made to clean up the property , but it is discouraging to listen to industrial equipment while they are outside enjoying their own properties Ms Waldroup stated the applicant has moved everything on the site behind the fence , but she is afraid of what will happen to the condition of the property if the request is approved Ms Waldroup reported no burning has taken place since the Planning Board meeting , but there are logs remaining in the back yard Shirley Whitley , 176 Turnipseed Road , spoke in opposition to the request stating the property is zoned for residential , but the applicant is running a commercial business Ms Whitley read a letter was not left with Clerk for the record to the Board expressing her feelings that the business has escalated to the point of aggravation for the entire neighborhood Ms Whitley stated several years ago , a few trucks seemed insignificant , but over time the applicant has increased the number of trucks and equipment along with people working from the site to the point of irritation She spoke on the loud noise and blowing horns coming from the subject site and stated the neighbors want the operation shut down At the inquiry of Chairman Carver , Ms Whitley stated she has lived there since 1988 Walter Hunt , 130 Turnipseed Road , spoke in opposition and submitted the following letter to the Board along with copies of photographs taken since June Mr Hunt stated the area is residential and they wish it to remain that way Mr Hunt stated he has lived there for 22 years Page198 April 2 , 2018 – 6 00 pm Continued Commissioner Allen L Mims , Jr noted the applicant is asking for a special use permit where the Board could set special conditions on the use to limit the impacts Mr Hunt responded they are totally against an industrial use Matthew and Ashley Chassereau , 200 Turnipseed Road , spoke in opposition and expressed their concerns regarding the trucks , noise , junk vehicles , and burning from the subject site Mrs Chassereau stated although there has been some changes recently , spring and summer are coming and typically during that time the noise from the subject site continues until after midnight Mrs Chassereau spoke on her concerns regarding the fence and if it is not maintained with the equipment behind it Mr Chassereau spoke on his concerns with the number of cars and trucks on the site Commissioner Mims asked about a nearby house that has a special use permit for motorcycle repair and if that is still in operation Mr Chassereau stated they have had no problems with the motorcycle repair business and only occasionally , they will hear a motorcycle on the road Mr Ramirez readdressed the Board and stated the motorcycle shop is still in operation and is very loud Mr Ramirez stated normally the workers arrive at approximately 8 30 am on the subject site and leave around 9 00 am He stated they usually return at approximately 6 30 pm or 7 00 pm , but the applicant is willing to limit the hours of operation Chairman Carver stated if the rezoning is approved , at that point specific conditions such as the hours of operation could be discussed There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Marr reported the Planning Board recommended denial of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman closed the Rezoning Hearing for Case 18 - 03 Decision on Rezoning Case 18 - 03 Case 18 - 03 Petition to rezone a 145 - acre tract located at 149 Turnipseed Rd SR 1717 in Wilders Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 16J02048T Owner Saloman Segovia - Garay and Sandra Santos - Gomez Applicant Saloman Segovia - Garay Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution and deny the rezoning request for Case 18 - 03 Commissioner Lee Jackson seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 18 - 03 RESOLUTION DENYING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 16J02048T located at 149 Turnipseed Road as shown on the attached Exhibit A , from Agricultural Residential to General Business Special Use District to allow for storage and maintenance of vehicles and equipment , as well as single - family residential use WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is not consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners deny the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to deny the zoningPage199 April 2 , 2018 – 6 00 pm Continued amendment and adopt a statement describing why the adoption of the proposed amendment is not consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment not to be reasonable and not in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is inconsistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The area is not within a commercial activity node and the neighboring zoning is Agricultural Residential 2 This Board finds and determines that it is not reasonable and not in the public interest to adopt the proposed amendment because a The area is surrounded by residential dwellings and is not compatible with the existing uses 3 This Board denies the proposed zoning amendment from Agricultural Residential to General Business Special Use District Adopted this the 2nd day of April , 2018 3 Public Hearing – Code of Ordinance Amendment Flood Damage Prevention Ordinance Maps Advertised – The News & Observer Friday Zone Edition – March 23 and 30 , 2018 The Chairman opened the public hearing Zoning Enforcement Officer Todd Marr stated the purpose of the public hearing is to receive public comment on a proposed ordinance amendment as it relates to the Land Development Code concerning the Flood Damage Prevention Ordinance as well as adoption of the new Flood Insurance Rate Map panels as found on the North Carolina Floodplain Mapping Program website http frisncgov FRIS dated as preliminary on April 30 , 2014 Mr Marr noted that FEMA only provides maps in digital format so paper copies were not available ; however , as stated in the public hearing notice , anyone needing assistance with the digital maps was encouraged to contact the Johnston County Planning Department Mr Marr reported Johnston County and FEMA held public input opportunities in early 2015 and FEMA’s 90 day appeal period was initiated on December 17 , 2014 He stated the deadline to approve the maps as set by FEMA is June 20 , 2018 and the Johnston County Planning Board has recommended approval of the proposed amendment and submits to the Board of Commissioners a proposed Statement of Consistency for adoption based on the recommendation for approval There being no further comments , the Chairman closed the public hearing Commissioner Ted G Godwin moved the Board adopt the following statement of consistency resolution and approve the flood damage prevention ordinance amendment ; and further , adopt the new Flood Insurance Rate Map panels as found on the North Carolina Floodplain Mapping Program website dated as preliminary on April 30 , 2014 Commissioner Cookie Pope seconded the motion which carried by unanimous vote RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING A PROPOSED ORDINANCE AMENDING THE OFFICIAL ZONING MAPS AND THE LAND DEVELOPMENT CODE OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County and the Land Development Code for Article VIII as it relates to Flood Damage Prevention WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County and the Land Development Code is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that PagePage pageNumber5200 April 2 , 2018 – 6 00 pm Continued a The amendment is consistent with Objective 10B in that it serves to give special attention to significant natural areas and Objective 6A in that it helps ensure well planned rural development by minimizing negative impacts related to flood risks 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The amendment further clarifies changes in FEMA flood mapping and ordinance restrictions to ensure that impact on development is minimized during a 100 year flood event 3 This Board approves the proposed zoning amendment to the Official Zoning Maps of Johnston County and the Land Development Code nd Adopted this the 2 day of April , 2018 Article VIII FLOOD DAMAGE PREVENTION DIVISION 1 STATUTORY AUTHORIZATION , FINDINGS OF FACT , PURPOSE AND OBJECTIVES Sec 14 - 421 STATUTORY AUTHORIZATION The Legislature of the State of North Carolina has in Part 6 , Article 21 of Chapter 143 ; Parts 3 and 4 of Article 18 of Chapter 153A ; and Part 121 , Article 6 of Chapter 153A of the North Carolina General Statutes , delegated to local governmental units the responsibility to adopt regulations designed to promote the public health , safety , and general welfare Therefore , the Board of County Commissioners of Johnston County , North Carolina , does ordain as follows Sec 14 - 422 FINDINGS OF FACT 1 The flood prone areas within the jurisdiction of Johnston 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 2 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 Sec 14 - 423 STATEMENT OF PURPOSE It is the purpose of this ordinance 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 1 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 ; 2 Require that uses vulnerable to floods , including facilities that serve such uses , be protected against flood damage at the time of initial construction ; 3 Control the alteration of natural floodplains , stream channels , and natural protective barriers , which are involved in the accommodation of floodwaters ; 4 Control filling , grading , dredging , and all other development that may increase erosion or flood damage ; and 5 Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or which may increase flood hazards to other lands Sec 14 - 424 OBJECTIVES The objectives of this ordinance are to 1 Protect human life , safety , and health ; 2 Minimize expenditure of public money for costly flood control projects ; 3 Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public ; 4 Minimize prolonged business losses and interruptions ; 5 Minimize damage to public facilities and utilities ie water and gas mains , electric , telephone , cable and sewer lines , streets , and bridges that are located in flood prone areas ;PagePage pageNumber6201 April 2 , 2018 – 6 00 pm Continued 6 Minimize damage to private and public property due to flooding ; 7 Make flood insurance available to the community through the National Flood Insurance Program ; 8 Maintain the natural and beneficial functions of floodplains ; 9 Help maintain a stable tax base by providing for the sound use and development of flood prone areas ; and 10 Ensure that potential buyers are aware that property is in a Special Flood Hazard Area DIVISION 2 DEFINITIONS Sec 14 - 425 DEFINITIONS Unless specifically defined below , words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance it’s most reasonable application “ Accessory Structure Appurtenant Structure ” means a structure located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure Garages , carports and storage sheds are common urban accessory structures Pole barns , hay sheds and the like qualify as accessory structures on farms , and may or may not be located on the same parcel as the farm dwelling or shop building “ Addition to an existing building ” means an extension or increase in the floor area or height of a building or structure “ Alteration of a watercourse ” means a dam , impoundment , channel relocation , change in channel alignment , channelization , or change in cross - sectional area of the channel or the channel capacity , or any other form of modification which may alter , impede , retard or change the direction and or velocity of the riverine flow of water during conditions of the base flood “ Appeal ” means a request for a review of the Floodplain Administrators interpretation of any provision of this ordinance “ Area of Shallow Flooding ” means a designated Zone AO or AH on a communitys Flood Insurance Rate Map FIRM with base flood depths determined to be from one 1 to three 3 feet These areas are located where a clearly defined channel does not exist , where the path of flooding is unpredictable and indeterminate , and where velocity flow may be evident “ Area of Special Flood Hazard ” see “ Special Flood Hazard Area SFHA ” “ Area of Future - Conditions Flood Hazard ” means the land area that would be inundated by the 1 - percent - annual - chance 100 - year flood based on future - conditions hydrology “ Base Flood ” means the flood having a one 1 percent chance of being equaled or exceeded in any given year “ Base Flood Elevation BFE ” means a determination of the water surface elevations of the base flood as published in the Flood Insurance Study When the BFE has not been provided in a “ Special Flood Hazard Area ” , it may be obtained from engineering studies available from a Federal , State , or other source using FEMA approved engineering methodologies This elevation , when combined with the “ Freeboard ” , establishes the “ Regulatory Flood Protection Elevation ” “ Basement ” means any area of the building having its floor subgrade below ground level on all sides “ Building ” see “ Structure ” “ Chemical Storage Facility ” means a building , portion of a building , or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products “ Design Flood ” See “ Regulatory Flood Protection Elevation ” “ Development ” means any man - made 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 storage of equipment or materials “ Development Activity ” means any activity defined as Development which will necessitate a Floodplain Development Permit This includes buildings , structures , and non - structural items , including but not limited to fill , bulkheads , piers , pools , docks , landings , ramps , and erosion control stabilization measures “ Digital Flood Insurance Rate Map DFIRM ” means the digital official map of a community , issued by the Federal Emergency Management Agency FEMA , on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated PagePage pageNumber7202 April 2 , 2018 – 6 00 pm Continued “ Disposal ” means , as defined in NCGS 130A - 290 a 6 , the discharge , deposit , injection , dumping , spilling , leaking , or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters , including groundwaters “ Elevated Building ” means a non - basement building which has its lowest elevated floor raised above ground level by foundation walls , shear walls , posts , piers , pilings , or columns “ Encroachment ” means the advance or infringement of uses , fill , excavation , buildings , structures or development into a special flood hazard area , which may impede or alter the flow capacity of a floodplain “ Existing building and existing structure ” means any building and or structure for which the “ start of construction ” commenced before September 30 , 1983 “ Existing Manufactured Home Park or Manufactured Home Subdivision ” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed including , at a minimum , the installation of utilities , the construction of streets , and either final site grading or the pouring of concrete pads was completed before the initial effective date of the floodplain management regulations adopted by the community “ Flood ” or “ Flooding ” means a general and temporary condition of partial or complete inundation of normally dry land areas from a The overflow of inland or tidal waters ; and or b The unusual and rapid accumulation or runoff of surface waters from any source “ Flood Boundary and Floodway Map FBFM ” means an official map of a community , issued by the FEMA , on which the Special Flood Hazard Areas and the floodways are delineated This official map is a supplement to and shall be used in conjunction with the Flood Insurance Rate Map FIRM “ Flood Hazard Boundary Map FHBM ” means an official map of a community , issued by the FEMA , where the boundaries of the Special Flood Hazard Areas have been defined as Zone A “ Flood Insurance ” means the insurance coverage provided under the National Flood Insurance Program “ Flood Insurance Rate Map FIRM ” means an official map of a community , issued by the FEMA , on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated see also DFIRM “ Flood Insurance Study FIS ” means an examination , evaluation , and determination of flood hazards , corresponding water surface elevations if appropriate , flood hazard risk zones , and other flood data in a community issued by the FEMA The Flood Insurance Study report includes Flood Insurance Rate Maps FIRMs and Flood Boundary and Floodway Maps FBFMs , if published “ Flood Prone Area ” see “ Floodplain ” “ Flood Zone ” means a geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area “ Floodplain ” means any land area susceptible to being inundated by water from any source “ Floodplain Administrator ” is the individual appointed to administer and enforce the floodplain management regulations “ Floodplain Development Permit ” means any type of permit that is required in conformance with the provisions of this ordinance , prior to the commencement of any development activity “ Floodplain Management ” means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing , where possible , natural resources in the floodplain , including , but not limited to , emergency preparedness plans , flood control works , floodplain management regulations , and open space plans “ Floodplain Management Regulations ” means this ordinance 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 preventing and reducing flood loss and damage “ Floodproofing ” means any combination of structural and nonstructural additions , changes , or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property , water and sanitation facilities , structures , and their contents “ Flood - resistant material ” means any building product [ material , component or system ] capable of withstanding direct and prolonged contact minimum 72 hours with floodwaters without sustaining damage that requires more than low - cost cosmetic repair Any material that is water - soluble or is not resistant to alkali or acid in water , including normal adhesivesPagePage pageNumber8203 April 2 , 2018 – 6 00 pm Continued 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 that absorb or retain water excessively after submergence are not flood - resistant Please refer to Technical Bulletin 2 , Flood Damage - Resistant Materials Requirements , and available from the FEMA Class 4 and 5 materials , referenced therein , are acceptable flood - resistant materials “ Floodway ” means the channel of a river or other watercourse , including the area above a bridge or culvert when applicable , and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one 1 foot “ Floodway encroachment analysis ” means an engineering analysis of the impact that a proposed encroachment into a floodway or non - encroachment area is expected to have on the floodway boundaries and flood levels during the occurrence of the base flood discharge The evaluation shall be prepared by a qualified North Carolina licensed engineer using standard engineering methods and models “ Freeboard ” means the height added to the BFE to account for the many unknown factors that could contribute to 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 , and the hydrological effect of urbanization of the watershed The BFE plus the freeboard establishes the “ Regulatory Flood Protection Elevation ” “ Functionally Dependent Facility ” means a facility which cannot be used for its intended purpose unless it is located in close proximity to water , limited to a docking or port facility necessary for the loading and unloading of cargo or passengers , shipbuilding , or ship repair The term does not include long - term storage , manufacture , sales , or service facilities “ Hazardous Waste Management Facility ” means , as defined in NCGS 130A , Article 9 , a facility for the collection , storage , processing , treatment , recycling , recovery , or disposal of hazardous waste “ Highest Adjacent Grade HAG ” means the highest natural elevation of the ground surface , prior to construction , immediately next to the proposed walls of the structure “ Historic Structure ” means any structure that is a Listed individually in the National Register of Historic Places a listing maintained by the US Department of Interior or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register ; b Certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district ; c Individually listed on a local inventory of historic landmarks in communities with a “ Certified Local Government CLG Program ” ; or d Certified as contributing to the historical significance of a historic district designated by a community with a “ Certified Local Government CLG Program ” Certified Local Government CLG Programs are approved by the US Department of the Interior in cooperation with the North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the 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 Flood Insurance Study Letters of Map Change include a Letter of Map Amendment LOMA An official amendment , by letter , to an effective National Flood Insurance Program map A LOMA is based on technical data showing that a property had been inadvertently mapped as being in the floodplain , but is actually on natural high ground above the base flood elevation A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property , portion of a property , or structure is not located in a special flood hazard area b Letter of Map Revision LOMR A revision based on technical data that may show changes to flood zones , flood elevations , special flood hazard area boundaries and floodway delineations , and other planimetric features c Letter of Map Revision Based on Fill LOMR - F A determination that a structure or parcel of land has been elevated by fill above the BFE and is , therefore , no longer located within the special flood hazard area In order to qualify for this determination , the fill must have been permitted and placed in accordance with the community’s floodplain management regulations d Conditional Letter of Map Revision CLOMR A formal review and comment as to whether a proposed project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study ; upon submission and approval of certified as - built documentation , a Letter of Map Revision may be issued by FEMA to revise the effective FIRM PagePage pageNumber9204 April 2 , 2018 – 6 00 pm Continued “ Light Duty Truck ” means any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less as defined in 40 CFR 86082 - 2 and is a Designed primarily for purposes of transportation of property or is a derivation of such a vehicle , or b Designed primarily for transportation of persons and has a capacity of more 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 or patio slab immediately next to the building , or deck support , after completion of the building “ Lowest Floor ” means the lowest floor of the lowest enclosed area including basement An unfinished or flood resistant enclosure , usable solely for parking of vehicles , building access , or limited storage in an area other than a basement area is not considered a buildings lowest floor , provided that such an enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirements of this ordinance “ Manufactured Home ” means a structure , transportable in one or more sections , which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities The term “ manufactured home ” does not include a “ recreational vehicle ” “ Manufactured Home Park or Subdivision ” means a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale “ Market Value ” means the building value , not including the land value and that of any accessory structures or other improvements on the lot Market value may be established by independent certified appraisal ; replacement cost depreciated for age of building and quality of construction Actual Cash Value ; or adjusted tax assessed values “ New Construction ” means structures for which the “ start of construction ” commenced on or after the effective date of the initial floodplain management regulations and includes any subsequent improvements to such structures “ Non - Conversion Agreement ” means a document stating that the owner will not convert or alter what has been constructed and approved Violation of the agreement is considered a violation of the ordinance and , therefore , subject to the same enforcement procedures and penalties The agreement must be filed with the recorded deed for the property The agreement must show the clerk’s or recorder’s stamps and or notations that the filing has been completed OPTIONAL “ Non - Encroachment Area NEA ” means the channel of a river or other watercourse , including the area above a bridge or culvert when applicable , and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one 1 foot as designated in the Flood Insurance Study report “ Post - FIRM ” means construction or other development for which the “ start of construction ” occurred on or after September 30 , 1983 , the effective date of the initial Flood Insurance Rate Map “ Pre - FIRM ” means construction or other development for which the “ start of construction ” occurred before September 30 , 1983 , the effective date of the initial Flood Insurance Rate Map “ Principally Above Ground ” means that at least 51 of the actual cash value of the structure is above ground “ Public Safety ” and or “ Nuisance ” means anything which is injurious to the safety or health of an entire community or neighborhood , or any considerable number of persons , or unlawfully obstructs the free passage or use , in the customary manner , of any navigable lake , or river , bay , stream , canal , or basin “ Recreational Vehicle RV ” means a vehicle , which is a Built on a single chassis ; b 400 square feet or less when measured at the largest horizontal projection ; c Designed to be self - propelled or permanently towable by a light duty truck ; d Designed primarily not for use as a permanent dwelling , but as temporary living quarters for recreational , camping , travel , or seasonal use , and e Is fully licensed and ready for highway use “ Reference Level ” is the top of the lowest floor for structures within Special Flood Hazard Areas designated as Zones A , AE , AH , AO , A99 “ Regulatory Flood Protection Elevation ” means the “ Base Flood Elevation ” plus the “ Freeboard ” In “ Special Flood Hazard Areas ” where Base Flood Elevations BFEs have been determined , this elevation shall be the BFE plus two 2 feet In “ Special Flood Hazard Areas ” where no BFE has been established , this elevation shall be at least two 2 feet above the highest adjacent grade Page0205 April 2 , 2018 – 6 00 pm Continued “ Remedy a Violation ” means to bring the structure or other development into compliance with state and community floodplain management regulations , or , if this is not possible , to reduce the impacts of its noncompliance Ways that impacts may be reduced include protecting the structure or other affected development from flood damages , implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations , or reducing federal financial exposure with regard to the structure or other development “ Riverine ” means relating to , formed by , or resembling a river including tributaries , stream , brook , etc “ Salvage Yard ” means any non - residential property used for the storage , collection , and or recycling of any type of equipment , and including but not limited to vehicles , appliances and related machinery “ Solid Waste Disposal Facility ” means any facility involved in the disposal of solid waste , as defined in NCGS 130A - 290 a 35 “ Solid Waste Disposal Site ” means , as defined in NCGS 130A - 290 a 36 , any place at which solid wastes are disposed of by incineration , sanitary landfill , or any other method “ Special Flood Hazard Area SFHA ” means the land in the floodplain subject to a one percent 1 or greater chance of being flooded in any given year , as determined in Sec 14 - 427 of this ordinance “ Start of Construction ” includes substantial improvement , and means the date the building permit was issued provided the actual start of construction , repair , reconstruction , rehabilitation , addition placement , or other improvement was within 180 days of the permit date The actual start means either the first placement of permanent construction of a structure on a site , such as the pouring of slab or footings , the installation of piles , the construction of columns , or any work beyond the stage of excavation ; or the placement of a manufactured home on a foundation Permanent construction does not include land preparation , such as clearing , grading , and filling ; nor does it include the installation of streets and or walkways ; nor does it include excavation for a basement , footings , piers , or foundations or the erection of temporary forms ; nor does it include the installation on the property of accessory buildings , such as garages or sheds not occupied as dwelling units or not part of the main structure For a substantial improvement , the actual start of construction means the first alteration of any wall , ceiling , floor , or other structural part of the building , whether or not that alteration affects the external dimensions of the building “ Structure ” means a walled and roofed building , a manufactured home , or a gas , liquid , or liquefied gas storage tank that is principally above ground “ Substantial Damage ” means damage of any origin sustained by a structure during any one - year period whereby the cost of restoring the structure to it’s before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred See definition of “ substantial improvement ” Substantial damage also means flood - related damage sustained by a structure on two separate occasions during a 10 - year period for which the cost of repairs at the time of each such flood event , on the average , equals or exceeds 25 percent of the market value of the structure before the damage occurred “ Substantial Improvement ” means any combination of repairs , reconstruction , rehabilitation , addition , or other improvement of a structure , taking place during any one - year period for which the cost equals or exceeds 50 percent of the market value of the structure before the “ start of construction ” of the improvement This term includes structures which have incurred “ substantial damage ” , regardless of the actual repair work performed The term does not , however , include either a Any correction of existing violations of state or community health , sanitary , or safety code specifications which have been identified by the community code enforcement official and which are the minimum necessary to assure safe living conditions ; or b Any alteration of a historic structure , provided that the alteration will not preclude the structures continued designation as a historic structure and the alteration is approved by variance issued pursuant to Sec 14 - 438 of this ordinance “ Technical Bulletin and Technical Fact Sheet ” means a FEMA publication that provides guidance concerning the building performance standards of the NFIP , which are contained in Title 44 of the US Code of Federal Regulations at Section 603 The bulletins and fact sheets are intended for use primarily by State and local officials responsible for interpreting and enforcing NFIP regulations and by members of the development community , such as design professionals and builders New bulletins , as well as updates of existing bulletins , are issued periodically as needed The bulletins do not create regulations ; rather they provide specific guidance for complying with the minimum requirements of existing NFIP regulations It should be noted that Technical Bulletins and Technical Fact Sheets provide guidance on the minimum requirements of the NFIP regulations State or community requirements that exceed those of the NFIP take precedence Design professionals should contact the community officials to determine whether more restrictive State or local regulations apply to the building or site in question All applicable standards of the State or local building code must also be met for any building in a flood hazard area Page1206 April 2 , 2018 – 6 00 pm Continued “ Temperature Controlled ” means having the temperature regulated by a heating and or cooling system , built - in or appliance “ Variance ” is a grant of relief from the requirements of this ordinance “ Violation ” means the failure of a structure or other development to be fully compliant with the communitys floodplain management regulations A structure or other development without the elevation certificate , other certifications , or other evidence of compliance required in Divisions 4 and 5 is presumed to be in violation until such time as that documentation is provided “ Water Surface Elevation WSE ” means the height , in relation to NAVD 1988 , of floods of various magnitudes and frequencies in the floodplains of riverine areas “ 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 areas in which substantial flood damage may occur DIVISION 3 GENERAL PROVISIONS Sec 14 - 426 LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction of Johnston County Sec 14 - 427 BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS 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 FIS dated June 20 , 2018 for Johnston County and associated DFIRM panels , including any digital data developed as part of the FIS , which are adopted by reference and declared a part of this ordinance Future revisions to the FIS and DFIRM panels that do not change flood hazard data within the jurisdictional authority of Johnston County are also adopted by reference and declared a part of this ordinance Subsequent Letter of Map Revisions LOMRs and or Physical Map Revisions PMRs shall be adopted within 3 months Sec 14 - 428 ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance prior to the commencement of any development activities within Special Flood Hazard Areas determined in accordance with the provisions of Sec 14 - 427 of this ordinance Sec 14 - 429 COMPLIANCE No structure or land shall hereafter be located , extended , converted , altered , or developed in any way without full compliance with the terms of this ordinance and other applicable regulations Sec 14 - 430 ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal , abrogate , or impair any existing easements , covenants , or deed restrictions However , where this ordinance and another conflict or overlap , whichever imposes the more stringent restrictions shall prevail Sec 14 - 431 INTERPRETATION In the interpretation and application of this ordinance , all provisions shall be a Considered as minimum requirements ; b Liberally construed in favor of the governing body ; and c Deemed neither to limit nor repeal any other powers granted under State statutes Sec 14 - 432 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering consideration Larger floods can and will occur Actual flood heights may be increased by man - made or natural causes This ordinance 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 This ordinance shall not create liability on the part of Johnston County or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder Sec 14 - 433 PENALTIES FOR VIOLATION Violation of the provisions of this ordinance or failure to comply with any of its requirements , including violation of conditions and safeguards established in connection with grants of variance or special exceptions , shall constitute a Class 1Page2207 April 2 , 2018 – 6 00 pm Continued misdemeanor pursuant to NC GS § 143 - 21558 Any person who violates this ordinance or fails to comply with any of its requirements shall , upon conviction thereof , be fined not more than 10000 or imprisoned for not more than thirty 30 days , or both Each day such violation continues shall be considered a separate offense Nothing herein contained shall prevent Johnston County from taking such other lawful action as is necessary to prevent or remedy any violation DIVISION 4 ADMINISTRATION Sec 14 - 434 DESIGNATION OF FLOODPLAIN ADMINISTRATOR The County Manager , or his designee , hereinafter referred to as the “ Floodplain Administrator ” , is hereby appointed to administer and implement the provisions of this ordinance In instances where the Floodplain Administrator receives assistance from others to complete tasks to administer and implement this ordinance , the Floodplain Administrator shall be responsible for the coordination and community’s overall compliance with the National Flood Insurance Program and the provisions of this ordinance Sec 14 - 435 FLOODPLAIN DEVELOPMENT APPLICATION , PERMIT AND CERTIFICATION REQUIREMENTS 1 Application Requirements Application for a Floodplain Development Permit shall be made to the Floodplain Administrator prior to any development activities located within Special Flood Hazard Areas The following items shall be presented to the Floodplain Administrator to apply for a floodplain development permit a A plot plan drawn to scale which shall include , but shall not be limited to , the following specific details of the proposed floodplain development i The nature , location , dimensions , and elevations of the area of development disturbance ; existing and proposed structures , utility systems , grading pavement areas , fill materials , storage areas , drainage facilities , and other development ; ii The boundary of the Special Flood Hazard Area as delineated on the FIRM or other flood map as determined in Sec 14 - 427 , or a statement that the entire lot is within the Special Flood Hazard Area ; iii Flood zone s designation of the proposed development area as determined on the FIRM or other flood map as determined in Sec 14 - 427 ; iv The boundary of the floodway s or non - encroachment area s as determined in Sec 14 - 427 ; v The Base Flood Elevation BFE where provided as set forth in Sec 14 - 427 ; Sec 14 - 436 ; or Sec 14 - 441 vi The old and new location of any watercourse that will be altered or relocated as a result of proposed development ; and b Proposed elevation , and method thereof , of all development within a Special Flood Hazard Area including but not limited to i Elevation in relation to NAVD 1988 of the proposed reference level including basement of all structures ; ii Elevation in relation to NAVD 1988 to which any non - residential structure in Zones A , AE , AH , AO , A99 will be floodproofed ; and iii Elevation in relation to NAVD 1988 to which any proposed utility systems will be elevated or floodproofed c If floodproofing , a Floodproofing Certificate FEMA Form 086 - 0 - 34 with supporting data , an operational plan , and an inspection and maintenance plan that include , but are not limited to , installation , exercise , and maintenance of floodproofing measures d A Foundation Plan , drawn to scale , which shall include details of the proposed foundation system to ensure all provisions of this ordinance are met These details include but are not limited to i The proposed method of elevation , if applicable ie , fill , solid foundation perimeter wall , solid backfilled foundation , open foundation on columns posts piers piles shear walls ; andPage3208 April 2 , 2018 – 6 00 pm Continued ii Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with Sec 14 - 440 4 d when solid foundation perimeter walls are used in Zones A , AE , AH , AO , A99 e Usage details of any enclosed areas below the lowest floor f Plans and or details for the protection of public utilities and facilities such as sewer , gas , electrical , and water systems to be located and constructed to minimize flood damage g Certification that all other Local , State and Federal permits required prior to floodplain development permit issuance have been received h Documentation for placement of Recreational Vehicles and or Temporary Structures , when applicable , to ensure that the provisions of Sec 14 - 440 6 and 7 of this ordinance are met i A description of proposed watercourse alteration or relocation , when applicable , including an engineering report on the effects of the proposed project on the flood - carrying capacity of the watercourse and the effects to properties located both upstream and downstream ; and a map if not shown on plot plan showing the location of the proposed watercourse alteration or relocation 2 Permit Requirements The Floodplain Development Permit shall include , but not be limited to a A complete description of all the development to be permitted under the floodplain development permit eg 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 in accordance with available data specified in Sec 14 - 427 c The Regulatory Flood Protection Elevation required for the reference level and all attendant utilities d The Regulatory Flood Protection Elevation required for the protection of all public utilities e All certification submittal requirements with timelines f A statement that no fill material or other development shall encroach into the floodway or non - encroachment area of any watercourse unless the requirements of Sec 14 - 443 have been met g The flood openings requirements , if in Zones A , AE , AH , AO , A99 h Limitations of below BFE enclosure uses if applicable ie , parking , building access and limited storage only i A statement , that all materials below BFE RFPE must be flood resistant materials 3 Certification Requirements a Elevation Certificates i An Elevation Certificate FEMA Form 086 - 0 - 33 is required prior to the actual start of any new construction It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level , in relation to NAVD 1988 The Floodplain Administrator shall review the certificate data submitted Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit ii A final Finished Construction Elevation Certificate FEMA Form 086 - 0 - 33 is required after construction is completed and prior to Certificate of Compliance Occupancy issuance It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as - built construction of the elevation of the reference level and all attendant utilities The Floodplain Administrator shall review the certificate data submitted Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance Occupancy issuance In some instances , another certification may be required to certify corrected as - built construction Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a Certificate of Compliance Occupancy b Floodproofing Certificate i A final Finished Construction Floodproofing Certificate FEMA Form 086 - 0 - 34 , with supporting data , anPage4209 April 2 , 2018 – 6 00 pm Continued operational plan , and an inspection and maintenance plan are required prior to the issuance of a Certificate of Compliance Occupancy It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the 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 of a professional engineer or architect and certified by same The Floodplain Administrator shall review the certificate data , the operational plan , and the inspection and maintenance plan Deficiencies detected by such review shall be corrected by the applicant prior to Certificate of Occupancy Failure to submit the certification or failure to make required corrections shall be cause to deny a Floodplain Development Permit Failure to construct in accordance with the certified design shall be cause to deny a Certificate of Compliance Occupancy c If a manufactured home is placed within Zones A , AE , AH , AO , A99 and the elevation of the chassis is more than 36 inches in height above grade , an engineered foundation certification is required in accordance with the provisions of Sec 14 - 440 3 b d If a watercourse is to be altered or relocated , a description of the extent of watercourse alteration or relocation ; a professional engineer’s certified report on the effects of the proposed project on the flood - carrying capacity of the watercourse and the effects to properties located both upstream and downstream ; and a map showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance of a floodplain development permit e Certification Exemptions The following structures , if located within Zones A , AE , AH , AO , A99 , are exempt from the elevation floodproofing certification requirements specified in items a and b of this subsection i Recreational Vehicles meeting requirements of Sec 14 - 440 6 a ; ii Temporary Structures meeting requirements of Sec 14 - 440 7 ; and iii Accessory Structures that are 150 square feet or less and meeting requirements of Sec 14 - 440 8 4 Determinations for existing buildings and structures For applications for building permits to 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 coordination with the Building Official , shall a Estimate the market value , or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser , of the building or structure before the start of construction of the proposed work ; in the case of repair , the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made ; b Compare the cost to perform the improvement , the cost to repair a damaged building to its pre - damaged condition , or the combined costs of improvements and repairs , if applicable , to the market value of the building or structure ; c Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage ; and d Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the NC Building Code and this ordinance is required Sec 14 - 436 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR The Floodplain Administrator shall perform , but not be limited to , the following duties 1 Review all floodplain development applications and issue permits for all proposed development within Special Flood Hazard Areas to assure that the requirements of this ordinance have been satisfied 2 Review all proposed development within Special Flood Hazard Areas to assure that all necessary local , state and federal permits have been received , including Section 404 of the Federal Water Pollution Control Act Amendments of 1972 , 33 USC 1334 3 Notify adjacent communities and the North Carolina Department of 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 Page5210 April 2 , 2018 – 6 00 pm Continued 4 Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood - carrying capacity is maintained 5 Prevent encroachments into floodways and non - encroachment areas unless the certification and flood hazard reduction provisions of Sec 14 - 443 are met 6 Obtain actual elevation in relation to NAVD 1988 of the reference level including basement and all attendant utilities of all new and substantially improved structures , in accordance with the provisions of Sec 14 - 435 3 7 Obtain actual elevation in relation to NAVD 1988 to which all new and substantially improved structures and utilities have been floodproofed , in accordance with the provisions of Sec 14 - 435 3 8 Obtain actual elevation in relation to NAVD 1988 of all public utilities in accordance with the provisions of Sec 14 - 435 3 9 When floodproofing is utilized for a particular structure , obtain certifications from a registered professional engineer or architect in accordance with the provisions of Sec 14 - 435 3 and Sec 14 - 440 2 10 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 article 11 When BFE data has not been provided in accordance with the provisions of Sec 14 - 427 , 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 Sec 14 - 441 2 c , in order to administer the provisions of this ordinance 12 When BFE data is provided but no floodway or non - encroachment area data has been provided in accordance with the provisions of Sec 14 - 427 , 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 ordinance 13 Permanently maintain all records that pertain to the administration of this ordinance and make these records available for public inspection , recognizing that such information may be subject to the Privacy Act of 1974 , as amended 14 Make 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