July 18, 2022 - 6:00 pm - County Board of Commissioners Meeting Minutes

10 13 Meeting of the Johnston County Board of Commissioners July 18 , 2022 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , July 18 , 2022 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman RS “ Butch ” Lawter , Jr , Vice Chairman Patrick E Harris , Tony Braswell , Ted G Godwin , Fred J Smith , Jr , Richard D Braswell , and April Stephens Absent None Also Present County Manager Rick J Hester , County Attorney Jennifer J Slusser , Clerk to the Board Paula Woodard , and Executive Assistant Deputy Clerk Dana Cuddington Chairman RS “ Butch ” Lawter , Jr called the meeting to order at 6 00 pm and the following business was transacted 1 Approval Discussion of Agenda Chairman RS “ Butch ” Lawter , Jr stated that the applicant for Case 22 - 17 has requested to table until September Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board approved the agenda tabling Case 22 - 17 until the September 6 , 2022 6 00 pm meeting 2 Resolution for Placement of Portrait – Retired Judge Addie M Harris Rawls Attorney Walter Schmidlin , current President of the Johnston County Bar Association , requested the Board to adopt a resolution approving the placement of a portrait of retired Judge Addie M Harris Rawls in the Old Superior Courtroom Courtroom No 4 of the Johnston County Courthouse Vice Chairman Patrick E Harris read aloud the following resolution and moved for its adoption RESOLUTION SUPPORTING THE COMMISSION AND PLACEMENT OF A PORTRAIT OF THE HONORABLE ADDIE M HARRIS RAWLS INTO THE JOHNSTON COUNTY COURTHOUSE WHEREAS , The Johnston County Board of Commissioners has , from time to time , honored certain retiring members of the judiciary of this County who have distinguished themselves in the legal profession and in their community ; and WHEREAS , The Honorable Judge Addie M Harris Rawls grew up in Washington , North Carolina ; and WHEREAS , Judge Rawls graduated high school in Washington , North Carolina , with the highest of honors ; and WHEREAS , Judge Rawls thereafter , completed her undergraduate education at Wake Forest University as a George Foster Hankins Scholar ; and WHEREAS , Judge Rawls thereafter , completed her graduate legal education at North Carolina Central University School of Law as a Board of Governor’s Scholar ; and WHEREAS , Judge Rawls began her legal career as a Clerk in the North Carolina Court of Appeals ; and WHEREAS , Judge Rawls thereafter , began a prosecutorial career where she earned a reputation as a fair but tough prosecutor and trial attorney who enjoyed the respect of the Bar and the Bench ; and WHEREAS , Judge Rawls ascended to the District Court bench in 2002 where she remained until her retirement on 31 January 2022 ; andPage14 July 18 , 2022 – 6 00 pm Continued WHEREAS , Judge Rawls served the State of North Carolina and its citizens for more than thirty - three 33 years and was devoted to her community , the practice of law , and the betterment of society ; and WHEREAS , Judge Rawls served the people of Johnston County with honor and distinction ; and WHEREAS , Judge Rawls has always been active in the civic , community , and church affairs , and has served the Johnston County Bar Association and the Eleventh District Bar and New Generation Christian Church with honor and distinction ; and WHEREAS , in all of her dealings with the community at large and particularly with defendants and complaining witnesses and others who appeared before her court , Judge Rawls was always respectful , true to her commitments , an honest woman and a friend ; and WHEREAS , Judge Rawls has had the respect and admiration of the members of the Bar and the community at large for her ability as a litigator , her intuitive sense of what is right , her decisiveness , her promotion of judicial efficiency , her graciousness to the trial lawyers and those appearing before her , and her wisdom ; and WHEREAS , the Johnston County Bar Association , in cooperation with the Clerk of Superior Court , has determined that the portrait of District Court Judge Addie M Harris Rawls , should appear in a Courtroom of the Johnston County Courthouse in conformity with the procedures for the display of the portraits of previous judges ; and WHEREAS , the Johnston County Bar Association has requested the Johnston County Board of Commissioners support and approve the portrait hanging of the Honorable Addie M Harris Rawls in the Courthouse of Johnston County NOW , THEREFORE , BE IT RESOLVED , that the Johnston County Board of Commissioners , in recognition and appreciation of her many contributions to the community and to the legal profession , does , as a reflection of our and this County’s respect and esteem for the Honorable Addie M Harris Rawls , approve of the hanging of the portrait of Judge Rawls in the Johnston County Courthouse th Adopted this the 18 day of July , 2022 Commissioner Ted G Godwin seconded the motion and commended Judge Rawls for her service and dedication as well as all her work with the youth in the County The motion carried by unanimous vote Judge Rawls thanked the Board for the resolution and stated it has been an honor to serve the citizens She also thanked the Johnston County Bar Association for making this possible 3 Public Comment A Citizen Comments – Jill Parker Jill Parker of Four Oaks addressed the Board and expressed her concerns as it relates to a proposed subdivision that she stated would split her family’s bicentennial farm Ms Parker reported she and her family attended the Planning Board meeting to speak against the development and they plan to speak again at the August meeting Ms Parker shared a history of her family’s farm with the Board and her concerns for housing that is planned and developed near farmland Ms Parker also spoke on school over - capacities and increased traffic congestion due to subdivisions She asked the Board to adopt a land use plan that will address the issues and meet the needs of all the citizens B Citizen Comments – Joe Preston Joe Preston of Wilson’s Mills shared his concerns with the Board stating there is currently a sitting County Commissioner that was recently arrested and charged with a crime Mr Preston stated although everyone is innocent until proven guilty , he asked if there is anything in the General Statutes that would allow the Commissioner to step down or be suspended pending the outcome of the charge Mr Preston asked the Board to look further into the matter Page15 July 18 , 2022 – 6 00 pm Continued C Citizen Comments – Jim Wiesner Jim Wiesner of Wilson’s Mills informed the Board that there is a development planned that would build 800 houses near his farm Mr Wiesner shared his concerns that this development will add to the school overcrowding issues as well as impact resources such as water capacities Mr Wiesner stated something has to be done ; otherwise , the County will only go backwards D Citizen Comments – Joey Marie Joey Marie of Middlesex , Johnston County , stated that citizens vote for elected officials believing they will do the right thing for Johnston County Ms Marie shared her concerns with the Board regarding the approval of developments in close proximity to farmlands and how she feels this is unfair to those property owners Ms Marie stated there needs to be a larger gap between residential developments and farmland Ms Marie also stated she emailed the Commissioners regarding the charges and arrest of Commissioner Richard D Braswell and while she believes in innocent until proven guilty , the Board needs to do the right thing in this situation Ms Marie also stated that when the Commissioners consider appointments , they should avoid situations that appear to be conflicts of interest E Citizen Comments – Christine Livingston Christine Livingston of McGee’s Crossroads read from the Board’s mission statement and stated based on the mission statement she is requesting the resignation of Commissioner Richard D Braswell Ms Livingston stated she emailed the Board regarding her concerns ; however , she did not receive a response Ms Livingston also stated she hopes the Board will soon approve the Comprehensive Land Use Plan and she would like to see an advisory committee established to make sure the new plan is followed to the fullest extent Ms Livingston also asked for the Board to interview all applicants that apply for positions on boards and committees that are appointed by the Commissioners She also asked for the Board to consider a moratorium on housing developments for at least 12 months to allow time to further review where the 177 million school bond referendum funds should go towards first F Citizen Comments – Jean Casanave Jean Casanave of Benson recalled that she has spoken to the Board in the past regarding the integrity of elections Ms Casanave shared her thoughts with the Board as it relates to the budget for the Board of Elections as well as the type of voting equipment utilized and its cost Ms Casanave stated Johnston County should be utilizing schools for all voting locations and she asked the Board to consider going back to paper ballots and eliminate voting machines 4 Public Hearing Rezoning Requests Advertised – The News & Observer , The Johnstonian News and The News in Review – July 6 and 13 , 2022 Certified letters were mailed to adjoining property owners on July 1 , 2022 Notices were posted at the locations on May 4 , 2022 for Cases 22 - 15 ; 22 - 16 ; 22 - 17 and 22 - 18 The Chairman opened the Rezoning Hearing for Case 22 - 15 Case 22 - 15 Petition to rezone 156 acres located at 4175 NC Hwy 42 and 4105 NC Hwy 42 in the Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 05E01007D & 05E01008N Owner FL Cornwallis , LLC & Anthony F Thornton Applicant FL Cornwallis , LLC Kate Brown Planning Director Braston Newton stated the petition is to rezone 156 acres located at 4175 NC Hwy 42 and 4105 NC Hwy 42 in the Cleveland Township from Agricultural Residential to General Business Mr Newton stated the sites are currently used for agricultural and residential purposes The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; Community Business for a plumbing business ; and General Business for flex office space and a Tractor Supply store The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of NC Hwy 42 West is 18,000 vehicles per day as of 2020 and it appears on the Comprehensive Transportation Plan as an “ existing boulevard needing improvement ” Matt Lowder , 4006 Barrett Drive , Raleigh , speaking on behalf of the applicant stated the subject parcels are two small properties that were left over from when the larger parcel was rezoned several years ago Mr Page16 July 18 , 2022 – 6 00 pm Continued Lowder stated the applicant is requesting the rezoning so these two parcels will be compatible with the surrounding zoning and they would be recombined with the larger parcel There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval 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 recessed the Rezoning Hearing for Case 22 - 15 Decision on Rezoning Case 22 - 15 Case 22 - 15 Petition to rezone 156 acres located at 4175 NC Hwy 42 and 4105 NC Hwy 42 in the Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 05E01007D & 05E01008N Owner FL Cornwallis , LLC & Anthony F Thornton Applicant FL Cornwallis , LLC Kate Brown Commissioner Tony Braswell moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 22 - 15 Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 22 - 15 RESOLUTION APPROVING 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 § 160D - 605 , 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 Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for parcels identified as tax Tag ID 05E01007D and 05E01008N located at 4175 and 4105 NC 42 Hwy in Cleveland Township , from Agricultural Residential to General Business 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 is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment aligns with “ Goal 1 Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The zoning designation of General Business provides expanded opportunity for job creation and economic stability and the property is located along an arterial corridor ; and b The site is located within the Primary Growth Area The request is reasonable and in the public interest in that General Business is compatible with surrounding land uses and zoning , which include other General Business zoning designations 3 This Board approves the proposed zoning amendment from Agricultural Residential to General Business th Adopted this the 18 day of July , 2022 PagePage pageNumber517 July 18 , 2022 – 6 00 pm Continued The Chairman reopened the Rezoning Hearing for Case 22 - 16 Case 22 - 16 Petition to rezone 207 acres of 5922 total acres located at 1900 Earpsboro Road in O’Neals Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 11M02008E , 11M02008C & 11M02007A Owner Renee P Baker Applicant Renee & Greg Baker Conditional Zoning Request Indoor & Outdoor storage for residential ; antique and ice cream retail Planning Director Braston Newton stated the petition is to rezone 207 acres of 5922 total acres located at 1900 Earpsboro Road in O’Neals Township from Agricultural Residential to General Business - Conditional Zoning Mr Newton stated the site is currently used for agricultural and residential purposes He stated the conditional zoning request is to allow for indoor and outdoor storage for residential as well as antique and ice cream retail The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes and Agricultural Residential – Special Use District for an electrical substation The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of Earpsboro Road is 1,500 vehicles per day as of 2020 and it does not appear on the Comprehensive Transportation Plan as needing improvement The Chairman called for the applicant to come forward Staff displayed the proposed conditions on the screen , as follows 1 Proposed uses Indoor Outdoor Storage , antique shop , Ice cream soda shop Proposed by applicant 2 Screening of storage lot will be done with native landscaping Proposed by applicant 3 Wide street yards and buffers Proposed by applicant 4 Storage lot shall consist of crushed stone base with washed stone surface to mitigate dust Proposed by applicant 5 Lighting shall be done as to not pollute the surrounding area ; keeping lights shining on to lot , not perimeter Proposed by applicant 6 24 Hour accessibility 7 The development shall conform to all requirements of the Johnston County Land Development Code 8 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 9 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines 10 All signage shall comply with the Johnston County sign code 11 If 17,000 SF of impervious area is planned or 1 acre will be disturbed , a stormwater permit will be required 12 If one acre or more is planned to be disturbed , an erosion control permit will be required 13 The site is in the ESA and limited to 12 impervious area without stormwater management 14 The maximum impervious area for the site is 80 with participation in the land dedication program and 50 limit without participation in the land dedication program 15 The maximum nitrogen export for commercial sites in the ESA is 8 lbs ac yr that can be brought down to 36 lbs ac yr Anything over this threshold must be treated by stormwater devices on site 16 Wetlands should be delineated and shown on plan if any are present as well as all jurisdictional features and buffers A buffer call will be necessary for the pond on the property to determine if it is buffered if one has not been done already 17 Provide fire hydrant distribution information and “ No Parking ” signs on same side of street as hydrants 18 An 8 foot opaque fence will be installed around storage area 19 NCDOT driveway permit required 20 All gates must be equipped with Knox access for Fire Department John Oglesby , CSD Engineering , 115 E Third Street , Wendell , representing the applicant , stated the applicant would like to provide the storage use as an amenity to the many residential lots being developed in that area Mr Oglesby stated the applicant also wants to conserve the land at the back of the property in an effort to make this development friendlier He noted that there were concerns at the first Planning Board meeting ; however , he believes that they were able to address those concerns by making changes to the plans in an effort to minimize the impact to the neighbors At the inquiry of Commissioner Tony Braswell , Mr Oglesby confirmed that the applicant agrees to the conditions as proposed There being no further public comments , the Chairman closed the public comment portion of the hearing PagePage pageNumber618 July 18 , 2022 – 6 00 pm Continued Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency with an attached list of conditions as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 22 - 16 Decision on Rezoning Case 22 - 16 Case 22 - 16 Petition to rezone 207 acres of 5922 total acres located at 1900 Earpsboro Road in O’Neals Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 11M02008E , 11M02008C & 11M02007A Owner Renee P Baker Applicant Renee & Greg Baker Conditional Zoning Request Indoor & Outdoor storage for residential ; antique and ice cream retail Commissioner Tony Braswell moved the Board adopt a Statement of Consistency Resolution and approve the rezoning request with conditions for Case 22 - 16 Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 22 - 16 RESOLUTION APPROVING 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 § 160D - 605 , 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 Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for parcels identified as tax Tag ID 11M02008E , 11M02008C and 11M02007A located at 1900 Earpsboro Road in O’Neals Township , from Agricultural Residential to General Business - Conditional Zoning 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 not be reasonable , nor 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 consistent with the Johnston County Land Use Plan because the Land Use Plan , and updates , indicate that a The request is consistent with the Comprehensive Land Use Plan , “ Objective 2C Reduce the possibility of incompatible uses and mitigate them when they occur ” 2 This Board finds and determines that it is not reasonable , nor in the public interest to approve the proposed amendment because a The proposed development is consistent with the surrounding area with imposed conditions to mitigate impacts , and that the intended development provides a service to the local community 3 This Board approves the proposed zoning amendment from Agricultural Residential to General Business - Conditional Zoning th Adopted this the 18 day of July , 2022 Conditions 1 Proposed uses Indoor Outdoor Storage , antique shop , Ice cream soda shop 2 Screening of storage lot will be done with native landscaping 3 Wide street yards and buffers 4 Storage lot shall consist of crushed stone base with washed stone surface to mitigate dust 5 Lighting shall be done as to not pollute the surrounding area ; keeping lights shining on to lot , not perimeter 6 24 Hour accessibility 7 The development shall conform to all requirements of the Johnston County Land Development Code PagePage pageNumber719 July 18 , 2022 – 6 00 pm Continued 8 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 9 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines 10 All signage shall comply with the Johnston County sign code 11 If 17,000 SF of impervious area is planned or 1 acre will be disturbed , a stormwater permit will be required 12 If one acre or more is planned to be disturbed , an erosion control permit will be required 13 The site is in the ESA and limited to 12 impervious area without stormwater management 14 The maximum impervious area for the site is 80 with participation in the land dedication program and 50 limit without participation in the land dedication program 15 The maximum nitrogen export for commercial sites in the ESA is 8 lbs ac yr that can be brought down to 36 lbs ac yr Anything over this threshold must be treated by stormwater devices on site 16 Wetlands should be delineated and shown on plan if any are present as well as all jurisdictional features and buffers A buffer call will be necessary for the pond on the property to determine if it is buffered if one has not been done already 17 Provide fire hydrant distribution information and “ No Parking ” signs on same side of street as hydrants 18 An 8 foot opaque fence will be installed around storage area 19 NCDOT driveway permit required 20 All gates must be equipped with Knox access for Fire Department The Chairman reopened the Rezoning Hearing for Case 22 - 18 Case 22 - 18 Petition to rezone 13058 acres located in the 1600 block of Josephine Road in the Cleveland Township from Agricultural Residential AR to Agricultural Residential - Conditional Zoning AR - CZ Tax ID 06F03013A , 06F03024X , & 06F03027P Owner Phillip & Kathleen Wood & Capital Properties of Raleigh Applicant Shenandoah Homes Conditional Zoning Request Single family residential with sewer access Planning Director Braston Newton stated the petition is to rezone 13058 acres located in the 1600 block of Josephine Road in the Cleveland Township from Agricultural Residential to Agricultural Residential - Conditional Zoning Mr Newton stated the site is currently used for agricultural purposes He stated the conditional zoning request is to allow for single family residential with sewer access Mr Newton stated the Board is hearing this case because the request involves sewer He stated the subject site is within the County’s Outlying Residential Sewer Service Area , is adjacent to a residential development already served by sewer , and would not create a new sewer pump station The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes and PUD used as a major subdivision with sewer access The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of Josephine Road is not available and it does not appear on the Comprehensive Transportation Plan as needing improvement Mr Newton reported a Traffic Impact Analysis TIA was completed by Ramey Kemp & Associates and was reviewed by the North Carolina Department of Transportation Mr Newton stated the Department of Transportation’s recommendations have been included in the proposed conditions Mr Newton also noted that school capacity information is included in the Board’s agenda packet The developer is requesting 153 single - family units and the Student Generation Ratio is 063 per unit which is equivalent to 96 students split amongst the three schools below District Capacity Enrollment Cleveland ES 842 860 Cleveland MS 904 970 Cleveland HS 1274 1785 The Chairman called for the applicant to come forward Staff displayed the proposed conditions on the screen , as follows 1 Complete flood plain information 2 Amenities must be as shown on map updated on 5 - 17 - 2022 3 Metes & bounds 4 Certifications 5 Entrance sign & street signs 6 Street name approval 7 All lots shall access internal streets PagePage pageNumber820 July 18 , 2022 – 6 00 pm Continued 8 Cul - de - sac lots must have 40 ’ road frontage 9 Complete improvements or provide performance guarantee 10 Stubout Street extension signage in accordance with LDC Sec 14 - 226 g 11 Maximum Density of 15 units per acre 12 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 13 TIA RECOMMENDATIONS Improvements by NCDOT STIP W - 5704G STIP W - 5704G is expected to convert the intersection of Cornwallis Rd and North Shiloh Rd Josephine Rd to a single - lane roundabout Recommended Improvements by Developer Josephine Road and Site Drive 1 Site Drive 2 ? Construct the northbound approach and the southbound approach with one 1 ingress lane and one 1 egress lane ? Provide stop - control for the northbound and southbound approaches ? Provide an exclusive eastbound left - turn lane with a minimum of 50 feet of storage with appropriate deceleration and taper length ? Provide for an exclusive westbound left - turn lane with a minimum of 50 feet of storage with appropriate deceleration and taper length NCDOT TIA Comments ? Any roadway improvements and right - of - way dedication necessary to accommodate the road construction shall be the responsibility of the owner developers All required ROW shall be dedicated as public ROW in the final plat ? Lane closures for required improvement construction will only be permitted under restricted hours due to heavy traffic volume in the vicinity of the proposed development These restrictions will be determined during the driveway permitting application and approval ? These conditions are based on current traffic volumes and projected growth for the study area If the proposed build out year for this development , as stated in the TIA , varies more than one year an addendum or revised TIA may be required 14 Fee - in - lieu of open space shall be paid prior to recording 15 Show to whom open space is dedicated 16 Provide 20 ’ fee simple access to open space 17 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 18 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ NCDOT ] 19 A driveway permit and subdivision design approval must be obtained prior to construction 20 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways [ Public Utilities ] 21 In order to be eligible for public sewer , the site must be designed so that no new wastewater pump station is required Any upsizing or improvements to the existing receiving Island Creek WWPS shall be the responsibility of the developer 22 The developer shall be responsible to abandon the existing private wastewater pump station in Island Creek Phase 6 Brunswick Island Court , and remove at no cost to Island Creek HOA , and gravity existing flow currently received into that station through the proposed Island Creek Reserve 23 Flow from this site is ultimately received at the Countys Landfill WWPS and Equalization Facility The facility is fully allocated with existing and permitted paper flow However , a project is under construction to allow for additional capacity at the site Project completion is anticipated by mid - 2024 24 If 17,000 SF of impervious area is proposed to be added , a stormwater permit will be required The site is located within the environmentally sensitive area and is limited to 12 impervious area without stormwater management With participation in the land dedication program , the maximum impervious area is 30 25 The maximum nitrogen export is 36 lbs ac yr and NO buydown is allowed for residential development Treatment must be used on site to reach the 36 lbs ac yr threshold 26 The Dwarf Wedge Mussel habitat layer on GIS is present on this property Please consult with US Fish & Wildlife for any proposed disturbances in this area or near Swift Creek 27 Swift Creek has a 100 ’ UNDISTURBED Buffer that should be clearly shown on the plan with no disturbances 28 If an acre or more of disturbance is proposed , an erosion control permit will be required PagePage pageNumber921 July 18 , 2022 – 6 00 pm Continued 29 Wetlands should be delineated and shown on the plan if any are present as well as all jurisdictional features and buffers A buffer call will be required to set the buffer start points or determine if the features are subject if they are shown differently from the soil map or USGS map 30 Sewer service connection in accordance with Johnston County Residential sewer service policy [ Emergency Services ] 31 Provide “ No Parking Signs ” on one side of the road 32 Provide fire flow report 33 Provide hydrant distribution information Condition 2 was added and 22 altered by Planning Board and agreed to by applicant at the meeting Chairman RS “ Butch ” Lawter , Jr noted the information in the agenda packet related to the three area schools that are all over - capacity Chairman Lawter also stated in reading the most recent wastewater capacity reconciliation numbers , it appears the County has 190,000 gallons per day left of capacity barring the completion of the next expansion At the request of Chairman Lawter , Engineering Manager Kim Rineer stated the subject property is within the Outlying Residential Sewer Service Area ORSSA ; however , without the wastewater plant expansion , the County would be unable to meet anything beyond current commitments Ms Rineer explained that the expansion is under construction , but keeping a timeframe on that construction is difficult at this time She stated the County could permit against the expansion with the stipulation that no new flow could be accepted until additional capacity is available Attorney Bob Spence , representing the applicant , addressed the Board and stated this property is in the high growth area of the County , surrounded by subdivisions on three sides , and is ideal for development He stated the use of sewer at this development would eliminate an existing pump station at the Island Creek Subdivision Mr Spence further stated the planned impervious area is 12 so this is well - designed and there should be no issues with stormwater Mr Spence noted that traffic has been taken into account as well and he offered to answer any questions At the inquiry of Commissioner April Stephens , Mr Spence stated they are aware that sewer service is an issue and he called Engineer Andy Mills with Shenandoah Homes to address the matter Mr Mills stated they understand the issue with sewer capacity and have been in communication with Utilities Director Chandra Farmer , who advised they would not be able to connect to sewer until capacity is available Mr Mills stated they are trying to get all their designs completed and get ahead in the process so everything would be in place when additional sewer capacity comes online Mr Mills also referenced the current Island Creek Subdivision pump station on the north side of the road and stated they were contacted by the Island Creek Homeowners Association regarding that station and were told that the upgrades necessary for the County to assume operations were costly Mr Mills stated Ms Farmer asked him to look at this station to see if it would be possible to take that station offline with their plans , which they are prepared to do He stated Ramey Kemp completed the TIA , which the Department of Transportation has reviewed and provided comments that they have already implemented into their plan Mr Mills stated they would make sure that stormwater would not be an issue to the Island Creek neighborhood and any drainage would remain on their site At the inquiry of Commissioner Richard D Braswell , Ms Rineer stated the County currently has 95 million gallons per day gpd of wastewater treatment capacity and currently receives an average of 67 million gpd , with 2 million gpd promised out for projects that have not yet developed She stated those projects could be developed sometime in the next 2 – 10 year timeframe Commissioner R Braswell expressed his concerns with the current sewer capacity , stating he is not against this project , but the Board needs to first come up with a policy on additional sewer capacity allocations Chairman Lawter read from the County’s Residential Sewer Service Policy , as follows “ Availability of wastewater allocation for qualifying residential developments shall be subject to surplus wastewater treatment capacity ” Mr Mills stated in his conversations with Ms Farmer , he felt that Ms Farmer could support this development being approved for sewer because they would be taking the Island Creek pump station offline Mr Mills stated he is aware that service would depend on when capacity is available Ms Rineer stated the project does meet the criteria within the policy ; however , it is up to the Board for approval Page022 July 18 , 2022 – 6 00 pm Continued Mr Spence reiterated that they are trying to get ahead on the development as far as regulatory steps in the hopes that once sewer is available they would be ready to connect Commissioner Tony Braswell spoke against promising something that the County currently does not have and expressed concerns that if the rezoning is approved , it would then open the door for others to ask for the same Commissioner T Braswell also stated the municipalities are asking for allocations and have similar questions as to how capacity is allocated Ms Rineer stated sewer is currently allocated on a first come first served basis for projects with permits She stated they do not put the allocation on the books until they sign a flow tracking form that goes along with the actual permit Ms Rineer stated their involvement at this stage for projects such as the proposed development is to determine feasibility only Ms Rineer noted that the largest customers the County serves are the towns and although for a long time there was minimal growth , the towns are now seeing growth and are coming to the County for capacity Ms Rineer stated staff is currently in the process of updating the sewer agreements with the towns so they can feel confident in the allocations they have as well as how to secure more capacity in the future She stated they are working through that on a continual planning process so they can take things into account for the Capital Improvement Plan to make sure identified needs are met She stated in the future the towns can purchase capacity in the plant that they can give out to their development projects as they see fit within their jurisdictions Ms Rineer stated for the County’s unincorporated areas , staff looks to work with the Board to meet those identified needs Upon a question by Commissioner Stephens , Ms Rineer stated currently the Utilities Department is requesting developments to give them their sewer permits in phases in order to spread out the availability as much as possible Commissioner Fred J Smith , Jr asked about the proposed amenities for the development Mr Mills explained that in their current projects , they are finding that people want greenways and walking trails so that is the plan for this development He stated they have planned for multiple walking trails and the installation of benches and gazebos Mr Mills stated they are finding that the days of big amenities such as pools are not desirable because they are a burden to maintain for the Homeowners Associations Commissioner Smith asked if any parks or athletic facilities are planned for children and if a Homeowners Association would be established Mr Mills stated they have planned for some open spaces with grassy fields that could be used for soccer or frisbee , but no athletic fields Mr Mills confirmed there would be a Homeowners Association He also stated the roads would be taken into the State maintained system At the request of Commissioner Smith , Mr Mills reviewed the site plan with the Board pointing out the areas planned for trails Commissioner Smith stated there are many issues to be considered such as schools and quality of life as well as sewer capacities , but there needs to be places for children to play and families to enjoy a good quality of life Commissioner Tony Braswell stated Commissioner Richard D Braswell made a good point in that the Board first needs to come up with a plan regarding sewer allocations Commissioner T Braswell stated he is unsure how the Board can allocate any additional capacity right now and noted that he received a call just today from one of the town mayors on this very subject Mr Mills stated if the Board is unsure of whether or not the development can be approved for sewer , then he would ask that the case be continued until there is a better understanding Mr Spence spoke on the towns that receive sewer allocations from the County stating none of them have a clear criteria as to how sewer will be allocated so they are proceeding on with design plans and getting other approvals in place until such time as a policy becomes clear and capacity becomes available Chairman Lawter referred back to the Residential Sewer Service Policy , as follows “ Three years capacity shall be continuously reserved in the wastewater treatment plant to serve the projected annual growth of the current bulk municipal customers and projected commercial , industrial and institutional development ” Page123 July 18 , 2022 – 6 00 pm Continued Chairman Lawter also noted that the County has had some industrial projects considering Johnston County go to other areas due to capacity issues Traffic Engineer Caroline Cheeves with Ramey Kemp & Associates stated they performed the TIA and she reviewed how that process is completed Ms Cheeves stated they submitted the TIA to the Department of Transportation , which largely agreed with it with a few changes that have been incorporated into the site plan Chairman Lawter asked if there were any others present that wished to speak on the case Joe Alaniz , 250 Tayside Street , stated he has a lot of concerns and in hearing all of the discussions and questions , he feels that this meeting is premature Mr Alaniz stated as a homeowner in Broadmoor West , he has reviewed the site plans , but does not have any of the other information as it relates to utilities , traffic , stormwater , or erosion control Mr Alaniz stated he does not support the request Jenny Barnes , Bald Head Island Drive , stated she has lived there since 2007 and she expressed concerns with traffic congestion on Josephine and Cornwallis Roads Ms Barnes also shared her concerns as it relates to strains on law enforcement , EMS , fire services , as well as school overcrowding and stated the proposed development would only make things worse Linda Kurtz , Mason Park homeowner on Josephine Road , addressed the Board and began to share her concerns with Shenandoah Homes who she stated also developed her subdivision At the inquiry of Chairman Lawter , County Attorney Jennifer Slusser advised that while this is a legislative hearing and the Board has wide latitude to hear citizen comment , when looking at land use the Board must consider the proposed use for the subject site and not the applicant in general Ms Slusser stated the Board can receive comments , but their determination must be made on the site - specific development and whether or not it is consistent with the Land Use Plan and in the public interest Kristian Forslin , 57 Portsmouth Island Drive , stated he is the President of the Homeowners Association for the Island Creek Subdivision , which manages the pump station referenced earlier by Mr Mills Mr Forslin stated they had reached an agreement with Utilities Director Chandra Farmer that if the Homeowners Association could upgrade the pump station to the County’s specifications , then the County would assume the operations ; however , those upgrades and improvements are costly Mr Forslin stated he is conflicted in that while he would like to see Shenandoah Homes eliminate the pump station , he does have the same concerns as others as it relates to school overcrowding and capacity issues Mr Spence readdressed the Board and submitted photos of homes in the Island Creek Subdivision stating they are nice middle class single - family homes that are well planned out He stated the proposed development would have the same type of housing At the inquiry of the Chairman , Mr Mills confirmed that they are agreeable to all the proposed conditions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency with an attached list of conditions as submitted in the agenda packet At the inquiry of Commissioner Ted G Godwin , Mr Newton stated if the Board denies the request , the applicant could still build homes on the site on 40,000 sf lots with septic Mr Newton stated if the request is denied , it could not come back to the Board within a 12 - month period There being no further comments , the Chairman closed the Rezoning Hearing for Case 22 - 18 Further Discussion by the Board Commissioner Smith stated that he believes it is the privilege of the developer to build a community in Johnston County and with that , it carries a burden for the developer to provide a quality place for people to live Commissioner Smith stated to him , that means more than just walking trails Commissioner Smith added that he believes the developer has a duty to design a quality subdivision for families that does not put all the burden on the County for parks and recreation and for that reason , he cannot support this plan Page224 July 18 , 2022 – 6 00 pm Continued Chairman Lawter reminded the Commissioners that the Board must consider whether or not the request is consistent with the Land Use Plan , if it is in the public interest , and is reasonable Commissioner Stephens asked if the matter could be delayed until the Board has a better understanding on sewer capacities At the inquiry of the Chairman , County Attorney Jennifer Slusser stated in accordance with the ordinance the Board is required to make a decision ; however , if the Board feels it does not have enough facts to make a decision then the case can be tabled to a date certain to allow additional time to gather information Ms Slusser confirmed that if the case is denied by the Board or withdrawn by the applicant , it cannot be brought back again for 12 months Commissioner Godwin stated in looking at public interest , he cannot support the request because there are already problems in the area as it relates to traffic congestion Vice Chairman Patrick E Harris stated that he shares some of the same concerns as it relates to sewer capacity and school overcrowding and he recalled that the Board has denied cases in the past for those reasons Vice Chairman Harris further stated the Board has talked many times about the importance of preserving the sewer capacity for industry that creates jobs Mr Spence asked the Board to table the case until the September 6 , 2022 6 00 pm meeting Rezoning Case 22 - 18 – Tabled until September 6 , 2022 6 00 pm meeting Case 22 - 18 Petition to rezone 13058 acres located in the 1600 block of Josephine Road in the Cleveland Township from Agricultural Residential AR to Agricultural Residential - Conditional Zoning AR - CZ Tax ID 06F03013A , 06F03024X , & 06F03027P Owner Phillip & Kathleen Wood & Capital Properties of Raleigh Applicant Shenandoah Homes Conditional Zoning Request Single family residential with sewer access Motion to Table Commissioner Tony Braswell moved the Board table Case 22 - 18 until the September 6 , 2022 6 00 pm meeting at the request of the applicant Commissioner April Stephens seconded the motion Discussion Vice Chairman Harris stated he does not know if anything will be resolved by September because the schools will still be overcrowded and there will still be issues with sewer capacity Vote The motion to table Case 22 - 18 until the September 6 , 2022 6 00 pm carried by the following vote Ayes Commissioners Tony Braswell , Fred J Smith , Jr , Richard D Braswell , and April Stephens Nays Chairman RS “ Butch ” Lawter , Jr , Vice Chairman Patrick E Harris , and Commissioner Ted G Godwin 5 Public Hearing – Ordinance Amendment – Flood Damage Prevention Ordinance Advertised – The News & Observer , The Johnstonian News and The News in Review – July 6 and 13 , 2022 Chairman RS “ Butch ” Lawter , Jr opened the public hearing Planning Director Braston Newton explained the purpose of the public hearing is to receive public comment and discussion on proposed amendments to the Johnston County Code of Ordinances Chapter 14 , Article VIII , Flood Damage Prevention Ordinance Mr Newton requested the Board to consider an amendment to Chapter 14 Article VIII , Flood Damage Prevention Ordinance He reported the amendments are necessary in order to satisfy 44 Code of the Federal Regulations Section 603 d of the National Flood Insurance Program regulations He reviewed the proposed amendments with the Board Page325 July 18 , 2022 – 6 00 pm Continued There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Richard D Braswell , seconded by Vice Chairman Patrick E Harris , and carried unanimously , the Board adopted the following resolution approving the amendment as proposed 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 § 160D - 604 and 160D - 605 , 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 see attached exhibit 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 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 th Adopted this the 18 day of July , 2022 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 ; and Article 7 , 9 , and 11 of Chapter 160D 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 Page426 July 18 , 2022 – 6 00 pm Continued 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 ; 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 “ 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 Page527 July 18 , 2022 – 6 00 pm Continued “ 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 prepar