July 6, 1993 - 10:00 AM - County Board of Commissioners Meeting Minutes

Meeting of the Johnston County Board of CommissionersJuly 6, 1993The Johnston County Board of Commissioners met in regular session Tuesday, July 6, 1993, at 10oclock am in the Commissioners Room, JohnstonCounty Courthouse Annex, Smithfield, North Carolina,with the following members presentNorman C Denning, Chairman, James W Cash, John M Booker, DVM, Jerry F Wood, DDS, EleanorN Creech, and Cecil M MassengillCommissioner Frank B Holding, Vice Chairman, arrived at 1205 pm and remained until theCommissioners recessed for lunch at 12 55 pmAbsent NoneAlso Present Richard B Self, County Manager and Joyce H Ennis, Clerk to the BoardThe Chairman called the meeting to order and the following business was transacted1 MinutesThe Chairman asked if there were any corrections to the minutes of the June 7 morning and eveningmeetings June 16, June 21, and June 23, 1993 board meetings There being no corrections, the Chairmandeclared the minutes approved as presented2 Public Hearing 1000 am - 1993 -1994 Road Construction ProgramAdvertised by the NCDThe Smithfield Herald -June 22, 29, 1993Johnstonian Sun - June 24, July 1, 1993 1C A Gardner, Division Engineer for the North Carolina Department of Transportation, presented the1993 -94 Road Construction Program to the Board for approval He introduced George Eason, DivisionMaintenance Engineer and Steven Sanderson, District Engineer He explained that Clark Jenkins, Divisionmember on the North Carolina Board of Transportation, and Henson Barnes who also serves on the Boardof Transportation were unable to attend the meetingMr Gardner informed the Board that Johnston County has remainin g approximately 210 miles ofunpaved roads, 20 miles of which are scheduled to be paved during the 1993 -94 fiscal year The Board ofTransportation projects that all roads, statewide, with a traffic count of 50 or higher should be paved by theyear 2002 He pointed out all subdivision roads in the County are now paved accept for three and those arescheduled for paving in the new programHe explained that DOT has issued within the past few months a new priority list for paving theremaining unpaved roads The first ten on the priority were carried over from the previous rating as theresult of a new law which states that once roads reach the top ten on a priority list, those roads are frozenand are not affected by future prioritizationI? Chairman Denning asked if anyone wished to address questions to Mr Gardner concerning pavingroads in Johnston CountyAlton Howes, Helen Rhinehart, and Tommy Barefoot addressed questions to Mr Gardner concerningseveral individual roadsThere being no further comments, the Chairman closed the public hearing1993 -1 1994 Road Construction Program Accepted4`AUpon a motion by Commissioner James W Cash, seconded by Commissioner John M Booker andcarried by unanimous vote, the Board accepted the following 1993 -1994 Secondary Road ConstructionProgram as presented by the North Carolina Department of Transportation11H,w wC C C C6 6 a- IL ?OL}??P- T O 00 m OD m m m O° °°p pp p oj oo p?t Ol O N koo Ul C? I` O N NO N fr1 O OOD toLnHHHW ? ?J to -?rim°kLonN?uVA?LLrlzzo?FRIh11H,w wC C C C6 6 a- IL ?OL}??P- T O 00 m OD m m m O° °°p pp p oj oo p?t Ol O N koo Ul C? I` O N NO N fr1 O OOD toLnHHHW ? ?J to -?A NI 1 1 ?4W ? ?v-i-I N-1 rm-1 T-1-trim°kLonN??VALLrlA NI 1 1 ?4W ? ?v-i-I N-1 rm-1 T-1-tN mOV- U ? 7 to r- Qo Q1 T-? N m-4 -iriLLN mOV- U ? 7 to r- Qo Q1 T-? N m-4 -i422NNIH^,lLJuly 6, 1993 Continued0dg ?R T4 In NIL IL a-vO I•N rl -N0 N 0 UINN Z M ? ?-xI?LnrnZrnVOZy,0IH^,lLJuly 6, 1993 Continued0dg ?R T4 In NIL IL a-vO I•N rl -N0 N 0 UINN Z M ? ?-xV L 1 W 1_ Wf ? vi TA t1 rlZ8WI?IIIli?LnrnrnZxwUOWI0u-Irq?NTAt{rAV L 1 W 1_ Wf ? vi TA t1 rlZ8WI?IIIli423July 6, 1993 Continued3 Public_Heanng 10 -Ikam - Rezopi g Rem;estAdvertised The Smithfield Herald June 18,26, 1993Notices posted at locations on June 25,1993 and certified letters mailed to adjoining_propertg ownersan June 22 1993 The Chairman opened the public hearing and invited anyone who wished to address the Board on thefollowing rezoning requestCASE # 62A - A petition to rezone approximately 18 ages located on NC 96, approximately 818feet north of the intexaection with SR 1934, from Agri 40 toHighway Busines Special Use District Petitioner Thomas PennyAs this case involved a separate request for a special use permit, all persons wishing to comment weresworn inJeff Coutu, County Planning Director, provided a map of the property for the Commissioners to reviewThomas Penny stated that due to unforeseen circumstances he has to move his louver business fromSmithfield, and his mother -in -law has offered this property on which to relocate He asked the Board to grantthe rezoning request and emphasized he would only build louvers if allowed to relocate to this siteArlene Penny, Thomas Pennys wife, and Mrs _Sylvia Bailey, his mother -in -law who owns the propertyin question, asked the Board to approve the rezoning so Mr Penny can continue operating his businessDewey Jones, a neighbor, also spoke in favor of the rezoning stating the operation is small and would createno problems for the communityKenneth Talton who lives across from the site stated the tract is not wide enough for a business withlarge trucks entering and leaving the property He asked the Board to deny the requestSally Mozingo, adjoining property owner, concurred and stated she felt the business would adverselyaffect the value of other property in the areaAlso opposing the rezoning were Judy Morton who voiced concern about increased traffic in theresidential area, Tamara, McGraw, Wanda Armstrong and Greg Spain A letter of opposition was receivedfrom Greg ChambleeThere being no further comments, the Chairman closed the Public HearingThe Board discussed whether this type of business could be considered a permitted use under theHighway Business Zoning ClassificationFollowing further discussion, the Commissioners referred the request back to the Planning Board forfurther considerationThe Public Hearing for a Special Use Permit scheduled to follow this hearing was not held since therezoning request was refemd back to the Planning Board4 Public Hearing 1030 sin - Flood Damage Prevention UrdimsnoeAdvertised June 18, 26, 1993 in The Smithfield HeraldThe Chairman opened the Public Hearing and invited anyone who wished to address the Board on theproposed revised Johnston County Flood Damage Prevention OrdinanceCounty Manager, Richard B Self, stated the ordinance would provide property owners in flood plainareas the opportunity to purchase flood insuranceThere being no further comments, the Chairman closed the Public Hearing6 Flom Damage, Prevention_ Ordinance AdaptedUpon a motion by Commissioner Jerry F Wood, seconded by Commissioner Eleanor N Creech andcarried by unanimous vote, the Board adopted the following Revised Flood Damage Prevention Ordinance;424July 6, 1993 ContinuedNATIONAL FLOOD INSURANCEaFLOOD DAMAGE PREVENTION ORDINANCERegular PhaseARTICLE 1 STATUTORY AUTHORIZATION FINDINGS OF FACT PURPOSE ANDOBJECTIVESSECTION A STATUTORY AUTHORIZATIONThe Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts3, 5, and 8 of Article 19 of Chapter 160A; and Article 8 of Chapter 160A of the North CarolinaGeneral Statutes, delegated the responsibility to local governmental units io adopt regulationsdesigned to promote the public health, safety, and general welfare of its citizenry Therefore,the County Commissioners governing body of Johnston County local unit,North Carolina state does ordain as followsSECTION B FINDINGS OF FACT1 The flood hazard areas of Johnston County local unit are subject to periodicinundation which results in loss of life, property, health and safety hazards, disruption ofcommerce and governmental services, extraordinary public expenditures of flood protection andrelief, and impairment of the tax base, all of which adversely affect the public health, safety,and general welfare2 These flood losses are caused by the cumulative effect of obstructions in floodplains causingincreases in flood heights and velocities, and by the occupancy in flood hazard areas by usesvulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed,or otherwise unprotected from flood damagesSECTION C STATEMENT OF PURPOSEIt is the purpose of this ordinance to promote the public health, safety, and general welfare andto minimize public and private losses due to flood conditions in specific areas by provisionsdesigned to1 restrict or prohibit uses which are dangerous to health, safety, and property due to wateror erosion hazards, or which result in damaging increases in erosion or in flood heightsor velocities;2 require that uses vulnerable to floods, including facilities which serve such uses, beprotected against flood damage at the time of initial construction;3 control the alteration of natural floodplains, stream channels, and natural protectivebarriers which are involved in the accommodation of flood water;4 control filling, grading, dredging, and other development which may increase erosion orflood damage; and,5 prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands425July 6, 1993 ContinuedSECTION D OBJECTIVESThe objectives of this ordinance are1 to protect human life and health;2 to minimize expenditure of public money for costly flood control projects;3 to minimize the need for rescue and relief efforts associated with flooding and generallyundertaken at the expense of the general public;4 to minimize prolonged business interruptions;5 to minimize damage to public facilities and Litilities such as water and gas mains, electric,telephone and sewer lines, streets, and bridges located in floodplains;6 to help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize flood blight areas; and,7 to insure that potential home buyers are notified that property is in a flood areaARTICLE 2 DEFINITIONSUnless specifically defined below, words or phrases used in this ordinance shall be interpretedso as to give them the meaning they have in common usage and to give this ordinance its mostreasonable applicationAccessory Structure means structures which are located on the same parcel of property as theprincipal structure and the use of which is incidental to the use of the principal structureGarages, carports and storage sheds are common urban accessory structures Pole barns, haysheds and the like qualify as accessory structures on farms, and may or may not be located onthe same parcel as the farm dwelling or shop buildingAddition to an existing building means an extension or increase in the floor area or heightof a building or structure Additions to existing buildings shall comply with the requirementsfor new construction, unless the addition, renovation or reconstruction to any building, that wasconstructed prior to the initial Flood Insurance Study for that area, and the addition, renovationor reconstruction does not equal 50 of the present market value of the-structure Where a firewall is provided between the addition and the existing building, the additions shall beconsidered a separate building and must comply with the standards for new constructionAppeal means a request from a review of the local administrators interpretation of anyprovision of this ordinanceArea of shallow flooding means a designated AO or VO Zone on a communitys FloodInsurance Rate Map FIRM with base flood depths from one to three feet where a clearlydefined channel does not exist, where the path of flooding is unpredictable and indeterminate,and where velocity flow may be evidentArea of special flood hazard is the land in the floodplain within a community subject to a onepercent or greater chance of being equaled or exceeded in any given yearBase flood means the flood having a one percent chance of being equaled or exceeded in anygiven yearfBasement means that lowest level or story which has its floor subgrade on all sides426July 6, 1993 continuedBreakaway wall means a wall that is not part of the structural support of the building and isintended through its design and construction to collapse under specific lateral loading forceswithout causing damage to the elevated portion of the building or the supporting foundationsystem A breakaway wall shall have a design safe loading resistance of not less than 10 andno more than 20 pounds per square foot A wall with loading resistance of more than 20 poundsper square foot requires a professional engineer or architects certificateBuilding means any structure built for support, shelter, or enclosure for any occupancy orstorageDevelopment 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 materialsElevated building means a non - basement building a built, in the case of a building in ZonesAl -A30, AE, A, A99, A0, AH, B, C, or X to have the top of the elevated floor, or in the caseof a building in Zones V1-V30, VE, or V to have the bottom of the lowest horizontal structuralmember of the elevated floor above the ground by means of pilings, columns posts and piers,shear walls parallel to the flow of water and, b adequately anchored so as not to impair thestructural integrity of the building during a flood up to the magnitude of the base flood In the,case of Zones Al -A30, AE, A, A99, A0, AH, B, C, and X, elevated building also includesa building elevated by means of fill or solid foundation perimeter walls with openings sufficientto facilitate the unimpeded movement of flood waters In the case of Zones V1 -V30, VE, orV, elevated building also includes a building otherwise meeting the definition of elevatedbuilding , even though the area below is enclosed by means of breakaway walls if the breakawaywalls meet the standards of Article 5, Section B5 of this ordinanceExisting manufactured home park or manufactured home subdivision means a manufacturedhome park or subdivision for which the construction of facilities for servicing the lots on whichthe 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 iscompleted before the effective date of this ordinanceExpansion to an existing manufactured home park or subdivision means the preparation of theadditional sites by the construction of facilities for servicing the lots on which the manufacturedhomes are to be affixed including the installation of utilities, the construction of streets, andeither final site grading or the pouring of concrete slabsFlood or floodin means a general and temporary condition of partial or completeinundation of normally dry land areas from1 the overflow of inland or tidal waters; and,2 the unusual and rapid accumulation of runoff of surface waters from any sourceIFlood Hazard Boundary Map FHBM means an official map of a community, issued by theFederal Emergency Management Agency, where the boundaries of the areas of special floodhazard have been defined as Zone AFlood Insurance Rate Map FIRM means an official map of a community, on which theFederal Emergency Management Agency has delineated both the areas of special flood hazardand the risk premium zones applicable to the communityFlood Insurance Study is the official report provided by the Federal Emergency ManagementAgency The report contains flood profiles, as well as the Flood Boundary Floodway Map andthe water surface elevation of the base floodFloodway means the channel of a river or other watercourse and the adjacent land areas thatmust be reserved in order to discharge the base flood without cumulatively increasing the watersurface elevation more than one footIiIlEI427July 6, 1993 ContinuedFloor means the top surface of an enclosed area in a building including basement, ie, topof slabin concrete slab construction or top of wood flooring in wood frame construction Theterm does not include the floor of a garage used solely for parking vehiclesFunctionally dependent facility means a facility which cannot be used for its intended purposeunless it is located or carried out in close proximity to water, such as a docking or port facilitynecessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, orseafood processing facilities The term does not include long -term storage, manufacture, sales,or service facilitiesHihest Adjacent Grade means the highest natural elevation of the ground surface, prior toconstruction, next to the proposed walls of the structureHistoric Structure means any structure that is a listed individually in the National Registerof Historic Places a listing maintained by the US Department of Interior or preliminarilydetermined by the -Secretary of Interior as meeting the requirements for individual listing on theNational Register; b certified or preliminarily determined by the Secretary of Interior ascontributing to the historical significance of a registered historic district or a districtpreliminarily determined by the Secretary to qualify as a registered historic district; cindividually listed on a State inventory of historic places; d individually listed on a localinventory of historic places in communities with historic preservation programs that have beencertified 1 by an approved state program as determined by the Secretary of Interior, or 2directly by the Secretary of Interior in states without approved programsLevee means a man -made structure, usually an earthen embankment, designed and constructedin accordance with sound engineering practices to contain, control, or divert the flow of waterso as to provide protection from temporary floodingLowest Floor means the lowest floor of the lowest enclosed area including basement Anunfinished or flood resistant enclosure, usable solely for parking of vehicles, building access,or storage in an area other than a basement area is not considered a buildings lowest floorprovided that such an enclosure is not built so_ as to render the structure in violation of theapplicable non - elevation design requirements of this ordinanceManufactured home means a structure, transportable in one or more sections, which is builton a permanent chassis and designed to be used with or without a permanent foundation whenconnected to the required utilities The term manufactured home does not include arecreational vehicle Manufactured home park or subdivision means a parcel or contiguous parcels of land dividedinto two or more manufactured home lots for rent or saleMean Sea Level means the average height of the sea for all stages of the tide It is used as areference for establishing various elevations within the floodplain For purposes of thisordinance, the term is synonymous with National Geodetic Vertical Datum NGVDII National Geodetic Vertical Datum NGVDY as corrected in 1929 is a vertical control used asa reference for establishing varying elevations within the floodplainNew -construction means structures for which the start of construction commenced on orafter the effective date of this ordinance and includes any subsequent improvements to suchstructuresNew manufactured home park or subdivision means a manufactured home park or subdivisionfor which the construction of facilities for servicing the lots on which the manufactured homesare 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 slabs is completed on or after theeffective date of this ordinanceJuly 6, 1993 ContinuedNonconforming building or use means any legally existing building or use which fails tocomply with the provisions of the ordinanceRecreational vehicle means a vehicle which is a built on a single chassis; b 400 square feetor less when measured at the largest horizontal projection; c designed to be self - propelled orpermanently towable by a light duty truck; and, d designed primarily not for use as apermanent dwelling, but as temporary living quarters for recreational, camping, travel, orseasonal useRemedy a violation means to bring the structure or other development into compliance withState or local floodplain management regulations, or, if this is not possible, to reduce theimpacts of its noncompliance Ways that impacts may be reduced include protecting thestructure or other affected development from flood damages, implementing the enforcementprovisions of the ordinance or otherwise deterring future similar violations, or reducing Federalfinancial exposure with regard to the structure or other developmentStart of construction for other than new construction or substantial improvements under theCoastal Barrier Resources Act PL 97 -348, includes substantial improvement, and means thedate the building permit was issued, provided the actual start of construction, repair,reconstruction, rehabilitation, addition, or improvement was within 180 days of the permit dateThe actual start means the first placement of permanent construction of a structure includinga manufactured home on a site, such as the pouring of slabs or footings, installation of piles,construction of columns, or any work beyond the stage of excavation or the placement of amanufactured 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 orwalkways; nor does it include excavation for a basement, footings, piers or foundations, or theerection of temporary forms; nor does it include the installation on the property of accessorybuildings, such as garages or sheds not occupied as dwelling units or not part of the mainstructure For a substantial improvement, the actual start of construction means the firstalteration of any wall, ceiling, floor, or other structural part of the building, whether or not thatalteration affects the external dimensions of the buildingStructure means, for floodplain management purposes, a walled and roofed building, amanufactured home, including a gas or liquid storage tank, or other man -made facilities orinfrastructures that are principally above groundSubstantial damage means damage of any origin sustained by a structure whereby the cost ofrestoring the structure to its before damaged condition would equal or exceed 50 percent of themarket value of the structure before the damage occurred See definition of substantialimprovementSubstantial improvement means any repair, reconstruction, rehabilitation, addition, or otherimprovement of a structure, the cost of which equals or exceeds 50 percent of the market valueof the structure before the start of construction of the improvement This term includesstructures which have incurred substantial damage , regardless of the actual repair workperformed The term does not, however, include either 1 any project of improvement of astructure to correct existing violations of State or local health, sanitary, or safety codespecifications which have been identified by the local code enforcement official and which arethe minimum necessary to assure safe living conditions; or, 2 any alteration of a historicstructure, provided that the alteration will not preclude the structures continued designation asa historic structureSubstantially improved existing manufactured home park or subdivision means where therepair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals orexceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction,or improvement commencedVariance is a grant of relief to a person from the requirements of this ordinance which permitsconstruction in a manner otherwise prohibited by this ordinance where specific enforcementwould result in unnecessary hardshipriHMJuly 6, 1993 ContinuedViolation means the failure of a structure or other development to be fully compliant with thecommunitys floodplain management regulations A structure or other development without theelevation certificate, other certifications, or other evidence of compliance required in Articles4 and 5 is presumed to be in violation until such time as that documentation is providedARTICLE 3 GENERAL PROVISIONSSECTION A LANDS TO WHICH THIS ORDINANCE APPLIESThis ordinance shall apply to all areas of special flood hazard within the jurisdiction ofJohnston County local unitSECTION B BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOODHAZARDThe areas of special flood hazard identified by the Federal Emergency Management Agencyinits Flood Insurance Study for JohnstMtRunty March 30, 1983 , with accompanyingmaps and other supporting data, and any revision thereto are adopted by reference and declaredto be a part of this ordinanceSECTION C ESTABLISHMENT OF DEVELOPMENT PERMITA Development Permit shall be required in conformance with the provisions of this ordinanceprior to the commencement of any development activitiesSECTION D COMPLIANCENo structure or land shall hereafter be located, extended, converted, or structurally alteredwithout full compliance with the terms of this ordinance and other applicable regulationsSECTION E ABROGATION AND GREATER RESTRICTIONSThis 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, whicheverimposes the more stringent restrictions shall prevailSECTION F INTERPRETATIONIn the interpretation and application of this ordinance all provisions shall be 1 considered asminimum requirements; 2 liberally construed in favor of the governing body; and, 3 deemedneither to limit nor repeal any other powers granted under state statutesSECTION G WARNING AND DISCLAIMER OF LIABILITYThe degree of flood protection required by this ordinance is considered reasonable for regulatorypurposes and is based on scientific and engineering consideration Larger floods can and willoccur on rare occasions Flood heights may be increased by man-made or natural causes Thisordinance does not imply that land outside the areas of special flood hazard or uses permittedwithin such areas will be free from flooding or flood damages This ordinance shall not createliability on the part of Johnston county local unit or by any officer or employeethereof for any flood damages that result from reliance on this ordinance or any administrativedecision lawfully made hereunder430July 6, 1993 ContinuediSECTION H PENALTIES FOR VIOLATIONViolation 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 varianceor special exceptions, shall constitute a misdemeanor Any person who violates this ordinanceor fails to comply with any of its requirements shall, upon conviction thereof, be fined not morethat 5000 or imprisoned for not more -than 30 days, or both Each day such violationcontinues shall be considered a separate offense Nothing herein contained shall prevent theJohnston County local unit from taking such other lawful action as is necessaryto prevent or remedy any violationARTICLE 4 ADMINISTRATIONSECTION A DESIGNATION OF LOCAL ADMINISTRATORdesi ne VocalThe County Manager or his administrator is hereby appointed to administer andimplement the provisions of this ordinanceSECTION B DEVELOPMENT PERMIT AND CERTIFICATION REQUIREMENTSApplication for a Development Permit shall be made to the local administrator on formsfurnished by him or her prior to any development activities The Development Permit mayinclude, but not be limited to, plans in duplicate drawn to scale showing the nature, location,dimensions, and elevations of the area in question; existing or proposed structures; and thelocation of fill materials, storage areas, and drainage facilities Specifically, the followinginformation is required1 Where base flood elevation data is provided in accordance with Article 4, Section C10,the application for a Development Permit within the Zone A on the Flood Insurance RateMap shall showa the elevation in relation to mean sea level of the lowest floor including basernentof all new and substantially improved structures, andb if the structure has been floodproofed in accordance with Article 5, Section B2, theelevation in relation to mean sea level to which the structure was floodproofed2 Where the base flood elevation data is not provided, the application for a developmentpermit must show construction of the lowest floor at least 2 feet above the highest adjacentgrade3 Where any watercourse will be altered or relocated as a result of proposed development,the application for a development permit shall include a description of the extent ofwatercourse alteration or relocation; an engineering report on the effects of the proposedproject on the flood - carrying capacity of the watercourse and the effects to propertieslocated both upstream and downstream; and a map showing the location of the proposedwatercourse alteration or relocationi4 When a structure is floodproofed, the applicant shall provide a certificate from a registeredprofessional engineer or architect that the non- residential floodproofed structure meets thefloodproofing criteria in Article 5, Section B2431July 6, 1993 Continued5 A floor elevation or floodproofing certification is required after the lowest floor iscompleted Within twenty -one 21 calendar days of establishment of the lowest floorelevation, or floodproofing by whatever construction means, whichever is applicable, itshall be the duty of the permit holder to submit to the local administrator a certificationof the elevation of the lowest floor, or floodproofed elevation, whichever is applicable,as built, in relation to mean sea level Said certification shall be prepared by or under thedirect supervision of a registered land surveyor or professional engineer and certified bysame When flood- proofing is utilized for a particular building, said certification shallbe prepared by or under the direct supervision of a professional engineer or architect andcertified by same Any work done within the twenty -one 2 1 day calendar period andprior to submission of the certification shall be at the permit holders risk The localadministrator shall review the floor elevation survey data submitted Deficiencies detectedby such review shall be corrected by the permit holder immediately and prior to furtherprogressive work being permitted to proceed Failure to submit the survey or failure tomake said corrections required hereby shall be cause to issue a stop -work order for theprojectSECTION C DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATORDuties of the local administrator shall include, but not be limited to1 Review all development permits to assure that the requirements of this ordinance havebeen satisfied;2 Advise permittee that additional Federal or State permits may be required, and if specificFederal or State permits are known, require that copies of such permits be provided andmaintained on file with the development permit3 Notify adjacent communities and the North Carolina Department of Crime Control andPublic Safety, Division of Emergency Management, State Coordinator for the NationalFlood Insurance Program prior to any alteration or relocation of a watercourse, and submitevidence of such notification to the Federal Emergency Management Agency4 Assure that maintenance is provided within the altered or relocated portion of saidwatercourse so that the flood - carrying capacity is not diminished5 Prevent encroachments within floodways unless the certification and flood- hazardreduction provisions of Article 5 are met6 Obtain actual elevation in relation to mean sea level of the lowest floor includingbasement of all new or substantially improved structures, in accordance with Article 4,Section B57 Obtain the actual elevation in relation to mean sea level to which the new or substantiallyimproved structures have been floodproofed, in accordance with Article 4, Section B58 When floodproofing is utilized for a particular structure, obtain certifications from aregistered professional engineer or architect in accordance with Article 5, Section B29 Where interpretation is needed as to the exact location of boundaries of the areas ofspecial flood hazard for example, where there appears to be a conflict between a mappedboundary and actual field conditions, make the necessary interpretation The personcontesting the location of the boundary shall be given a reasonable opportunity to appealthe interpretation as provided in this article432July 6, 1993 Continued10 When base flood elevation data or floodway data has not been provided in accordance withArticle 3, Section B, obtain, review, and reasonably utilize any base flood elevation dataand floodway data available from a Federal, State; or other source, including datadeveloped pursuant to Article 5, Section D4, in order to administer the provisions of thisordinance11 When the exact location of boundaries of the areas special flood hazards conflict with thecurrent, natural topography information at the site the property owner may apply and beapproved for a Letter of Map Amendment LOMA by FEMA A copy of the Letter ofMap Amendment issued from FEMA will be maintained by the local administrator in thepermit file12 Make on -site inspections of projects in accordance with Article 4, Section D13 Serve notices of violations, issue stop -work orders, revoke permits and take correctiveactions in accordance with Article 4, Section D14 Maintain all records pertaining to the administration of this ordinance and make theserecords available for public inspection15 Annexation Provide the North Carolina Department of Crime Control and Public Safety,Division of Emergency Management, State Coordinator for the National Flood InsuranceProgram with two 2 copies of the maps delineating new corporate limits within sixmonths from date of annexation or change in corporate boundariesSECTION D ADNIINISTRATIVE PROCEDURES1 Inspections of Work in Progress As the work pursuant to a permit progresses, the localadministrator shall make as many inspections of the work as may be necessary to ensurethat the work is being done according to the provisions of the local ordinance and theterms of the permit In exercising this power, the administrator has a right, uponpresentation of proper credentials, to enter on any premises within the territorialjurisdiction at any reasonable hour for the purposes of inspection or other enforcementaction2 Stop -Work Orders Whenever a building or part thereof is being constructed,reconstructed, altered, or repaired in violation of this ordinance, the administrator mayorder the work to be immediately stopped The stop -work order shall be in writing anddirected to the person doing the work The stop -work order shall state the specific workto be stopped, the specific reasons for the stoppage, and the conditions under which thework may be resumed Violation of a stop -work order constitutes a misdemeanor3 Revocation of Permits The local administrator may revoke and require the return of thedevelopment permit by notifying the permit holder in writing stating the reason for therevocation Permits shall be revoked for any substantial departure from the approvedapplication, plans, or specifications; for refusal or failure to comply with the requirementsof State or local laws; or for false statements or misrepresentations made in securing thepermit Any permit mistakenly issued in violation of an applicable State or local law mayalso be revoked4 Periodic Inspections The local administrator and each member of his inspectionsdepartment shall have a right, upon presentation of proper credentials, to enter on anypremises within the territorial jurisdiction of the department at any reasonable hour for thepurposes of inspection or other enforcement actionr;iDetailsAnnotationsEntry PropertiesModified11192013 13112 PMCreated572003 92002 AMTemplateMinutesFieldsMinutes - TypeRegularMinutes - Date761993Book19