HomeMy WebLinkAbout9-18-2018IREDELL COUNTY BOARD OF COMMISSIONERS
PRE-AGENDA MINUTES
September 18, 2018
The Iredell County Board of Commissioners met in pre-agenda session on Tuesday, September
18, 2018 at 5:00 PM, in the Iredell County Government Center (South Wing Conference Room), 200
South Center Street, Statesville, NC.
Board Members Present
Chairman James B. Mallory III
Vice Chairman Tommy Bowles
Gene Houpe
Marvin Norman
Board Members Absent
Jeff McNeely
Staff present: County Manager Beth Jones, Deputy County Manager Susan Robertson, Former
County Attorney Bill Pope (County Attorney Lisa Valdez was absent), Finance Director Deb Alford,
Deputy Clerk Amy Anderson and Clerk to the Board Retha Gaither.
CALL TO ORDER: Chairman James Mallory called the meeting to order.
ADJUSTMENTS TO THE AGENDA: County Manager Beth Jones made the following
adjustment to the agenda:
Remove: Administrative Matters – Item VIII.9
Add: Appointment Before the Board – Debriefing on Hurricane Florence
APPOINTMENTS BEFORE THE BOARD
Request from the Airport Manager John Ferguson for approval of 50% matching funds
for a grant from the NC Department of Transportation of Aviation
Request from Fire Services and Emergency Management Director Kent Greene to
provide an update on Hurricane Florence
PUBLIC HEARINGS
Public Hearing in regard to text amendments to the Land Development Code : Planning
Director Matthew Todd explained that the State developed a new model flood plain prevention ordinance.
Staff took that as an opportunity to consolidate the County’s current ordinance into an appendix to be
more user friendly. Some standards related to permitting were increased with the amendment. The
Planning Board reviewed the amendments twice before recommending approval.
IREDELL COUNTY PLANNING & DEVELOPMENT
PLANNING STAFF REPORT
Proposed Text Amendments: Amend the current Flood Damage Prevention Ordinance to include updates from the 2017
NC Model Flood Damage Prevention Ordinance and move it to Appendix G of the LDC
EXPLANATION OF THE REQUEST
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In order to remain in the National Flood Insurance Program (NFIP), we must adopt new flood map revisions by November 16,
2018. An updated state model flood prevention ordinance was also made available, and recommended as a guide for
communities to use in updating their local ordinances at this time. Staff is proposing amending the Iredell County Flood
Damage Prevention Ordinance (FDPO) to reflect changes found in the North Carolina 2017 Model Flood Damage Prevention
Ordinance.
In addition, we request sections specific to the FDPO be removed from individual sections of the Iredell County Land
Development Code (LDC) and for the Iredell County Flood Damage Prevention Ordinance to become a stand -alone document,
housed as Appendix G of the LDC.
STAFF COMMENTS
The NC Model Ordinance has been revised to meet and/or exceed the NFIP minimum requirements for communities with
identified Base Flood Elevation (BFE) and Floodway data. The 2017 update includes definition changes/additions, as well as
state and federal provisions designed to bring greater clarity, reduce risks, and incorporate the date of the revised Flood
Insurance Rate Maps.
Staff and the public find the current format confusing, due to the fact that the provisions of the Floodplain Damage Preventi on
Ordinance (FDPO) are parsed all throughout the LDC. When a customer asks for a copy of the FDPO ordinance we can only
direct them to individual chapters/sections of the LDC. It is our belief that customer service can be improved by keeping th e
ordinance in the format of the NC Model Ordinance and establishing it as a stand-alone document, Appendix G. The proposed
Appendix G is provided in its entirety, exactly as staff and planning board recommend it appear in the LDC.
Moving the FDPO from the LDC to the Appendix creates a large number of text changes and structural reorganization. Below
are the chapters and/or sections of the LDC which will either be removed or amended. Our intent is not to remove every
reference with regard to floodplain management from within the chapters of the LDC, but rather those sections which
specifically reference and are dedicated to enforcement of our FDPO.
We are listing those chapters and/or sections of the LDC which will be removed in their entirety, rather than pr oviding the
customary bold/strike-through format. Chapters and/or sections which will be amended are shown in the traditional bold
and strike though for text to be removed, and red and underlined for new text to be added. See additional comments
concerning these proposed amendments within the LDC:
1. Amend Section 1.2.1 Statutory References
The recommended changes will assure consistency between text found in the LDC and text in the Flood Damage
Protection Ordinance to be added as Appendix G.
2. Amend Section 1.3.6 Bona Fide Farms Exempt
Amend to guide customers to Appendix G.
3. Amend Section 1.4.4 to update effective date of Flood Insurance Rate Maps (FIRM), adopt Digital FIRM (DFIRM),
and policy for adoption of future map revisions
The recommended changes will assure consistency between text found in the LDC and text in the Flood Damage
Protection Ordinance to be added as Appendix G. It provides for the adoption of the Flood Insurance Study (FIS),
including any digital data derived from the FIS.
4. Amend Section 2.19.1 B
The Flood Damage Protection Ordinance is an Overlay. For this reason staff recommend keeping this section in the
LDC. The recommended changes will assure consistency between text found in the LDC and text in the Flood
Damage Protection Ordinance to be added as Appendix G.
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5. Amend Chapter 4 Overlay Districts. Section 4.7 Floodplain Overlay Regulations
Staff recommends all sections of Chapter 4 pertaining to Floodplain Overlay Regulations (Sections 4.7, 4.7.1, 4.7.2,
4.7.3) be removed, as this information, in its entirety, is part of the Flood Damage Protection Ordinance to be added
as Appendix G. An amended Section 4.7 statement will direct users to Appendix G.
6. Remove all of Chapter 8 Article V. Section 8.18 Floodplain Development Permits
This information, in its entirety, is part of the Flood Damage Protection Ordinance to be added as Appendix G.
7. Amend Chapter 9
Amend Chapter 9 to be consistent with the Flood Damage Protection Ordinance to be added as Appendix G.
8. Remove All of Chapter 9 Article IV. Floodplain Development
This information, in its entirety, is part of the Flood Damage Protection Ordinance to be added as Appendix G.
9. Amend Chapter 11 Section 11.6.B.4
Iredell County no longer has Flood Hazard Boundary Maps or approximate A Zones. We want to assure areas shown
on site plans are consistent with maps currently being enforced.
10. Amend Chapter 12.2.3 C
Staff recommend keeping the section to guide customers to Appendix G. Information on variances wit hin a
special flood hazard area are part of the Flood Damage Protection Ordinance to be added as Appendix G.
11. Remove from Chapter 14 Administration and Enforcement. Section 14.2.1 Administrator. Subsection D. In
addition to the duties above, the Floodplain Administrator shall perform the following duties…items 1 – 22
This information, in its entirety, is part of the Flood Damage Protection Ordinance to be added as Appendix G.
12. Remove Section 14.6.2 Floodplain Management Violations. Update remaining sect ion numbers
This information, in its entirety, is part of the Flood Damage Protection Ordinance to be added as Appendix G.
13. Amend Chapter 15. Section 15.3. E
Amend to guide customers to Appendix G.
14. Amend Chapter 15 Section 15.5
This section is being amended to provide clarity. Higher standards apply to structures located within a designated
Special Flood Hazard Area.
15. Amend Definitions Section
The definitions section of the LDC will be amended to reflect changes to definitions in the Flood Damage Prevention
Ordinance. Appendix G will also contain definitions specific to the Flood Damage Prevention Ordinance. This will
allow us to share or distribute the Flood Damage Prevention Ordinance as one entity, in its entirety.
Planning Board voted 5-0 on August 1, 2018 to recommend in favor of the text amendments.
COMMISSIONER ACTION NEEDED:
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TEXT AMENDMENTS
1. Amend Section 1.2.1 Statutory References
Section 1.2.1 Statutory References
This ordinance is adopted pursuant to the authority contained in the following North Carolina General Statutes:
Chapter 153A, Article 18, Part 3 – Zoning
Chapter 153A, Article 18 – Planning and Regulation of Development
Chapter 113A, Article 4, Part 60 and the North Carolina Administrative Code, Title 15A, Chapter 4 – Erosion
and Sedimentation Control
Chapter 153A, Article 6, Section 121, General Ordinance Authority, and Chapter 143, Article 21, Watershed
Protection Rules – Water Supply Watershed Protection Rules delegated to Iredell County by the State of North
Carolina;
Chapter 63, Article 4, Model Airport Zoning Act
See Chapter 6 Chapter 143, Article 21, Part 6; Chapter 153A, Article 18, Part 3 and 4; Chapter 153 A, Article
6 Part 121 – for Statutory Authorization for floodplain management regulations for participation in the
National Flood Insurance program
2. Amend Section 1.3.6 Bona Fide Farms Exempt
1.3.6 Bona Fide Farms Exempt
The provisions of this ordinance shall NOT apply to bona fide farms including start up farms, except that a farm
property used for non-farm purposes shall NOT be exempt from regulation; except that the floodplain
management provisions of Chapter 4 Appendix G of this ordinance, regulating development in the special flood
hazard areas, as required for participation in the National Flood Insurance Program, shall apply to all development
including bona fide farms located within the special flood hazard areas of Iredell County.
For the purposes of this ordinance, a bona fide farm is any tract or tracts of land, which meets the criteria as
established in G.S. 153A-340(b)(2) together with any subsequent amendments and has tax deferment on the
county tax records.
Start-up farms requesting bona fide farm status shall provide documentation that they satisfy all the requirements
set forth in G.S. 153A-340(b)(2) together with any subsequent amendments and that they have applied for tax
deferment status with the Iredell County Tax Department.
3. Amend Section 1.4.4 to update effective date of Flood Insurance Rate Maps (FIRM), adopt Digital FIRM (DFIRM),
and policy for adoption of future map revisions
Section 1.4.4 Incorporation of Special Flood Hazard Areas
The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS) agreement
between the State of North Carolina and FEMA in its Flood Insurance Study (FIS) dated November 16, 2018 for
Iredell County and associated DFIRM panels, including any digital data developed as part of the FIS, and its
accompanying Flood Insurance Rate Maps (FIRM), for Iredell County dated March 18, 2008 which are adopted by
reference and declared to be a part of this ordinance. Future revisions to the FIS and DFIRM panels that do not
change flood hazard data within the jurisdictional authority of Iredell County are also adopted by reference and
declared a part of this ordinance. Subsequent Letter of Map Revisions (LOMRs) and/or Physical Map Revisions
(PMRs) shall be adopted within 3 months.
4. Amend Section 2.19.1 B
B. Floodplain Overlay
The purpose of Floodplain Overlay is 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: restricting or
prohibiting 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;, requiring require that uses vulnerable to floods,
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including facilities that serve such uses, be protected against flood damage at the time of initial construction ;,
control controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which
are involved in the accommodation of floodwaters;, controlling control filling, grading, dredging, and all other
development that may increase erosion or flood damage;, and preventing prevent or regulating regulate the
construction of flood barriers that will unnaturally divert flood waters or which may increase flood hazards to
other lands.
5. Amend Chapter 4 Overlay Districts, Sections 4.7 – 4.7.3
Section 4.7 Floodplain Overlay Regulations
The flood prone areas within the jurisdiction of Iredell 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. 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.
The objectives of this overlay are to:
A. protect human life, safety, and health;
B. minimize expenditure of public money for costly flood cont rol projects;
C. minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the
expense of the general public;
D. minimize prolonged business losses and interruptions;
E. minimize damage to public facilities and utilities (i.e. water and gas mains, electric, telephone, cable and
sewer lines, streets, and bridges) that are located in flood prone areas;
F. help maintain a stable tax base by providing for the sound use and development of flood prone areas; and
G. ensure that potential buyers are aware that property is in a Special Flood Hazard Area.
Floodplain Overlay Regulations for development within the Special Flood Hazard Areas can be found within
Appendix G: Iredell County Flood Damage Prevention Ordinance.
Remove Sections 4.7.1 Flood Hazard Overlay Applicability, 4.7.2 Provisions for Flood Hazard Reduction, 4.7.3
Warning and Disclaimer of Liability
6. Remove all of Chapter 8 Article V. Section 8.18 Floodplain Development Permits
7. Amend Chapter 9
Section 9.1 Purpose
This chapter sets forth information that is required to be found on various non-residential and multi-family site plans,
subdivision plans, and erosion control plans,. and floodplain applications. This includes plans that require approval
of the Planning Board, Board of Commissioners, or Board of Adjustment. It is intended that the majority of the site
plan requirements shall apply to all plans that deal with the entirety of a site or a proposed or existing use. In other
cases the focus is on a specific issue such as a setback encroachment, size limit, or watershed variance.
In Section 9.2.1 Non-Residential and Multi-Family Site Plan Requirements
I. Delineation of areas within the regulatory floodplain as shown on the official Federal Emergency
Management Agency (FEMA) Flood Hazard Boundary Maps Flood Insurance Rate Maps (FIRM) or Digital
FIRM for Iredell County.
In Section 9.2.3 Board Decisions
6. Floodplain Variance
The Floodplain Administrator may require a survey depending on the proposed variance request. See
Appendix G
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In Section 9.3.1 B.
14. Water courses, watershed, flood plain floodplain, & preserved areas;
8. Remove All of Chapter 9 Article IV. Floodplain Development
9. Amend Chapter 11 Section 11.6.B.4
Delineation of areas within the regulatory floodplain as shown on the official Flood Insurance Rate Maps (FIRM) or
Digital FIRM Flood Hazard Boundary Maps for Iredell County and delineation of watershed boundaries labeled
with their respective classifications and impervious calculations.
10. Amend Chapter 12.2.3 C
C. Floodplain Flood Plain Requirements
See Appendix G. Article 4. Section E. Variance Procedures
1. Variances may be issued for:
a. The repair or rehabilitation of historic structures upon the determination that the proposed repair or
rehabilitation will NOT preclude the structure's continued designation as a historic structure and that the
variance is the minimum necessary to preserve the historic character and design of the structure;
b. Functionally dependent facilities provided provisions of, Section 12.2.3(7)(b), (c), and (e) have been
satisfied, and such facilities are protected by methods that minimize flood damages during the base flood
and create no additional threats to public safety; or
c. Any other type of development, provided it meets the requirements of this Section.
2. In passing upon variances, the appeal board shall consider all technical evaluations, all relevant factors , all
standards specified in other sections of this ordinance, and:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage
on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront location as defined as a functionally dependent facility, where
applicable;
f. The availability of alternative locations, NOT subject to flooding or erosion damage, for the proposed use;
g. The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan and floodplain management program
for that area;
i. The safety of access to the property in times of flood for ordinary and emergency vehicles;
j. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the
effects of wave action, if applicable, expected at the site; and
k. The costs of providing governmental services during and after flood conditions including maintenance
and repair of public utilities and facilities such a s sewer, gas, electrical and water systems, and streets
and bridges.
3. A written report addressing each of the above factors shall be submitted with the application for a variance.
4. Upon consideration of the factors listed above and the purposes of this ordinance, the appeal board may attach
such conditions to the granting of variances as it deems necessary to further the purposes and objectives of this
ordinance.
5. Any applicant to whom a variance is granted shall be given written notice specifying t he difference between
the Base Flood Elevation (BFE) and the elevation to which the structure is to be built and that such construction
below the Base Flood Elevation increases risks to life and property, and that the issuance of a variance to construct
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a structure below the Base Flood Elevation will result in increased premium rates for flood insurance up to $25
per $100 of insurance coverage. Such notification shall be maintained with a record of all variance actions,
including justification for their issuance.
6. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the
Federal Emergency Management Agency and the State of North Carolina upon request.
7. Conditions for Variances:
a. Variances shall NOT be issued when the variance will make the structure in violation of other Federal,
State, or local laws, regulations, or ordinances.
b. Variances shall NOT be issued within any designated floodway or non-encroachment area if the variance
would result in any increase in flood levels during the base flood discharge.
c. Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
d. Variances shall only be issued prior to development pe rmit approval.
e. Variances shall only be issued upon:
i. a showing of good and sufficient cause;
ii. a determination that failure to grant the variance would result in exceptional hardship;
iii. a determination that the granting of a variance will NOT result in increase d flood heights,
additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud
on or victimization of the public, or conflict with existing local laws or ordinances.
8. A variance may be issued for solid waste disposal facilities or sites, hazardous waste management facilities,
salvage yards, and chemical storage facilities that are located in Special Flood Hazard Areas provided that all of
the following conditions are met.
a. The use serves a critical need in the community.
b. No feasible location exists for the use outside the Special Flood Hazard Area.
c. The reference level of any structure is elevated or floodproofed to at least the regulatory flood
protection elevation.
d. The use complies with all other applicable Federal, State and local laws.
e. The county has notified the Secretary of the North Carolina Department of Crime Control and Public
Safety of its intention to grant a variance at least thirty (30) calendar days prior to granting the
variance.
11. From Chapter 14 Administration and Enforcement. Section 14.2.1 Administrator. Remove D. In addition to the
duties above, the Floodplain Administrator shall perform the following duties…and items 1 – 22
Section 14.2.1 Administrator
A. Primary responsibility for administering and enforcing this ordinance may be assigned to one or more individuals
by the County Manager. The person or persons to whom these functions are assigned shall be referred to in this
ordinance as the “Administrator”. The terms “Planning Staff”, “Zoning Administrator”, “Subdivision Administrator”,
“Floodplain Administrator” and “Watershed Administrator” are sometimes used interchangeably with the term
“Administrator”. Any function or responsibility assigned by this ordinance to the adm inistrator may be delegated by
such person to another employee or agent acting under the administrator’s control or at his direction, unless such
delegation is prohibited by the County Manager.
B. It shall be the duty of the administrator to carry out and enforce this ordinance, remedy violations of this
ordinance, and issue permits in compliance with this ordinance.
C. The Administrator shall also maintain a record of all permits, text amendments, map amendments, subdivisions,
erosion control plans, approvals, and violations on file at his office, and copies shall be made available upon request
to interested parties.
D. In addition to the duties above, the Floodplain Administrator shall perform the following duties:
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1. Review all floodplain development applications and issue permits for all proposed development within
Special Flood Hazard Areas to assure that the requirements of this ordinance have been satisfied.
2. Review all proposed development within Special Flood Hazard Areas to assure that all necessary Local, State
and Federal permits have been received.
3. Notify adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division
of Emergency Management, State Coordinator for the National Flood Insurance Pr ogram prior to any alteration
or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management
Agency (FEMA).
4. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the
flood-carrying capacity is maintained.
5. Prevent encroachments into floodways and non-encroachment areas unless the certification and flood hazard
reduction provisions of Section 4.7.2(E) are met.
6. Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and all
attendant utilities of all new and substantially improved structures, in accordance with the provisions of Section
9.8.3.
7. Obtain actual elevation (in relation to mean sea level) to which all new and substantially improved structures
and utilities have been floodproofed, in accordance with the provisions of Section 9.8.3.
8. Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions
of Section 9.8.3.
9. When flood proofing is utilized for a particular structure, obtain certifications from a registered professional
engineer or architect in accordance with the provisions of Section 9.8.3 (B) and Section 4.7.2 (B)(2).
10. Where interpretation is needed as to the exact location of boundaries of the Special Flood Hazard Areas,
floodways, or non-encroachment areas (for example, where there appears to be a conflict between a mapped
boundary and actual field conditions), make the nece ssary interpretation. The person contesting the location of
the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this division.
11. When Base Flood Elevation (BFE) data has not been provided in accordance with S ection 1.4.4, obtain,
review, and reasonably utilize any Base Flood Elevation (BFE) data, along with floodway data or non -
encroachment area data available from a Federal, State, or other source, including data developed pursuant to
Section 4.7.2 (C)(2)(b), in order to administer the provisions of this ordinance.
12. When Base Flood Elevation (BFE) data is provided but no floodway or non -encroachment area data has been
provided in accordance with Section 1.4.4, obtain, review, and reasonably utilize any flo odway data or non-
encroachment area data available from a Federal, State, or other source in order to administer the provisions of
this ordinance.
13. When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a
parcel in a Special Flood Hazard Area is above the Base Flood Elevation, advise the property owner of the option
to apply for a Letter of Map Amendment (LOMA) from FEMA. Maintain a copy of the Letter of Map Amendment
(LOMA) issued by FEMA in the floodplain development permit file.
14. Permanently maintain all records that pertain to the administration of this ordinance and make these
records available for public inspection, recognizing that such information may be subject to the Privacy Act of
1974, as amended.
15. Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit
progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to
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ensure that the work is being done according to the provisions of the local ordinance and the terms of the
permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper
credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the
purposes of inspection or other enforcement action.
16. Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed,
altered, or repaired in violation of this ordinance, the Floodplain Administrator may order the work to be
immediately stopped. The stop-work order shall be in writing and directed to the person doing or in charge of
the work. The stop-work order shall state the specific work to be stopped, the specific reason(s) for the
stoppage, and the condition(s) under which the work may be resumed. Violation of a stop -work order
constitutes a misdemeanor.
17. Revoke floodplain development permits as required. The Floodplain Administrator m ay revoke and require
the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s)
for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans,
and specifications; for refusal or failure to comply with the requirements of State or local laws; or for false
statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly
issued in violation of an applicable State or local law may also be revoked.
18. Make periodic inspections throughout the special flood hazard areas within the jurisdiction of the
community. The Floodplain Administrator and each member of his or her inspections department shall have a
right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the
department at any reasonable hour for the purposes of inspection or other enforcement action.
19. Follow through with corrective procedures of Section 14.6.2.
20. Review, provide input, and make recommendations for variance requests.
21. Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and other official
flood maps and studies adopted in accordance with Section 1.4 .4 of this ordinance, including any revisions
thereto including Letters of Map Change, issued by FEMA. Notify State and FEMA of mapping needs.
22. Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based on Fill (LOMR -F) and
Letters of Map Revision (LOMR).
12. Remove Section 14.6.2 Floodplain Management Violations. Update remaining section numbers
13. Amend Chapter 15. Section 15.3. E
E. Non-conforming Structures in the Floodplain
Subject to the provisions of Appendix G Sections 4.7.2, Provisions for Flood Hazard Reduction
14. Amend Chapter 15. Section 15.5
Section 15.5 Reconstruction of Damaged Structures
When a non-conforming structure or a structure containing a nonconforming use is damaged by fire, flood, wind,
act of God, or casualty, such structure may be reconstructed and used as before any such calamity, provided such
reconstruction begins within six (6) months and is completed within one (1) year, and provided that the non -
conforming situation is NOT increased. If damaged structures are located within the Floodplain Overlay District,
see Appendix G, Flood Damage Prevention Ordinance, for reconstruction standards.
15. Update Section 16.4 Definitions
Alteration of a watercourse. 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
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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.
Area of Shallow Flooding. A designated Zone AO on a community's 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.
Design Flood. See “Regulatory Flood Protection Elevation.”
Development Activity. 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). 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 ri sk premium
zones applicable to the community are delineated.
Encroachment. The advance or infringement of uses, fill, excavation, buildings, structures or development into a
floodplain special flood hazard area, which may impede or alter the flow capacity of a floodplain.
Existing Building and Existing Structure. Any building and/or structure for which the “start of construction”
commenced before April 7, 1987.
FEMA. Federal Emergency Management Agency, or its successory agency responsible fo r preparing or certifying
maps of 100 year floodplains for purposes of federal flood insurance programs.
Flood or Flooding. 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 of runoff of surface
waters from any source.
Flood Boundary and Floodway Map (FBFM). An official map of a community, issued by the Federal Emergency
Management Agency, 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 Insurance Rate Map (FIRM). An official map of a community, issued by the Federal Emergency Management
Agency, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are
delineated. (See also DFIRM)
Flood-Resistant Material. Any building product [material, component or system] ca pable of withstanding direct
and prolonged contact (minimum 72 hours) with floodwaters without sustaining damage that requires more than
low-cost cosmetic repair. Any material that is water-soluble or is not resistant to alkali or acid in water, including
normal adhesives for above-grade use, is not flood-resistant. Pressure-treated lumber or naturally decay-resistant
lumbers are acceptable flooring materials. Sheet -type flooring coverings that restrict evaporation from below
and materials that are impervious, but dimensionally unstable are not acceptable. Materials that absorb or retain
water excessively after submergence are not flood-resistant. Please refer to Technical Bulletin 2, Flood Damage-
Resistant Materials Requirements, and available from the FEMA. Class 4 and 5 materials, referenced therein, are
acceptable flood-resistant materials.
Floodway. The channel of a river or other watercourse, including the area above a bridge or culvert when
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applicable, and the adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one (1) foot.
Floodway Encroachment Analysis. An engineering analysis of the impact that a prop osed encroachment into a
floodway or non-encroachment area is expected to have on the floodway boundaries and flood levels during the
occurrence of the base flood discharge. The evaluation shall be prepared by a qualified North Carolina licensed
engineer using standard engineering methods and models.
Freeboard. The height added to the Base Flood Elevation (BFE) to account for the many unknown factors that could
contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such
as wave action, blockage of bridge or culvert openings, and the hydrological effect of urbanization of the watershed.
The BFE Base Flood Elevation plus the freeboard established the “Regulatory Flood Protection Elevation”.
Letter of Map Change (LOMC). An official determination issued by FEMA that amends or revises an effective Flood
Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:
(a) Letter of Map Amendment (LOMA): An official amendment, by letter, to an effective National Flood
Insurance Program map. A LOMA is based on technical data showing that a property had been
inadvertently mapped as being in the floodplain, but is actually on natural high ground above the
base flood elevation. A LOMA amends the current effective Flood Insurance Rate Map and
establishes that a specific property, portion of a property, or structure is not located in a special flood
hazard area.
(b) Letter of Map Revision (LOMR): A revision based on technical data that may s how changes to flood
zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other
planimetric features.
(c) Letter of Map Revision Based on Fill (LOMR -F): A determination that a structure or parcel of land
has been elevated by fill above the BFE and is, therefore, no longer located within the special flood
hazard area. In order to qualify for this determination, the fill must have been permitted and placed
in accordance with the community’s floodplain management regulat ions.
(d) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a
proposed project complies with the minimum NFIP requirements for such projects with respect to
delineation of special flood hazard areas. A CLOMR does not revis e the effective Flood Insurance
Rate Map or Flood Insurance Study; upon submission and approval of certified as -built
documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
Light Duty Truck. Any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a
vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less
as defined in 40 CFR 86.082-2 and is:
(a) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or
(b) Designed primarily for transportation of persons and has a capacity of more than 12 persons; or
(c) Available with special features enabling off-street or off-highway operation and use.
Mean Sea Level. For purposes of this ordinance, the National Geodetic Vertical Datum (NGVD) as corrected in
1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical control datum used as a
reference for establishing varying elevations within the floodplain, to which Base Flood Elevations (BFEs) shown
on a FIRM are referenced. Refer to each FIRM panel to determine datum used .
Non-Conversion Agreement. A document stating that the owner will not convert or alter what has been
constructed and approved. Violation of the agreement is considered a violation of the ordinance and, therefore,
subject to the same enforcement procedures and penalties. The agreement must be filed with the recorded deed
for the property. The agreement must show the clerk’s or recorder’s stamps and/or notations that the filing has
been completed.
11
Non-Encroachment Area (NEA). The channel of a river or other watercourse, including the area above a bridge or
culvert when applicable, and the adjacent land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood
Insurance Study report.
Official Flood Maps. Flood Insurance Rate Maps issued by FEMA.
Post-FIRM. Construction or other development for which the “start of construction” occurred on or after May 15,
1980, the effective date of the initial Flood Insurance Rate Map.
Pre-FIRM. Construction or other development for which the “start of construction” occurred before May 15, 1980,
the effective date of the initial Flood Insurance Rate Map.
Recreational Vehicle or Travel Trailer. A vehicle, which is:
1. built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. designed to be self-propelled or permanently towable by a light duty truck; and
4. designed primarily not for use as a permanent dwelling, but as temporary living quarters for
recreational, camping, travel, or seasonal use. , and
5. is fully licensed and ready for highway use.
For the purpose of this ordinance, “Tiny Homes/Houses” and Park Models that do not meet the items listed above
are not considered Recreational Vehicles and should meet the standards of and be permitted as Residenti al
Structures.
Regulatory Flood Protection Elevation. The “Base Flood Elevation” plus the “Freeboard”. In “Special Flood Hazard
Areas” where Base Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus one (1) foot
two (2) feet of freeboard. In “Special Flood Hazard Areas” where no BFE has been established, this elevation shall
be at least two (2) feet above the highest adjacent grade.
Special Flood Hazard Area (SFHA). The land in the floodplain subject to a one percent (1%) or greater chance of
being flooded in any given year, as determined in Section 1.4.4 in Appendix G, Article 3, Section B of the Flood
Damage Protection Ordinance. of this ordinance.
Substantial Damage. Damage of any origin sustained by a structure during any one-year period whereby the cost
of restoring the structure to it’s before damaged condition would equal or exceed fifty percent (50%) of the market
value of the structure before the damage occurred. See definition of “substantial improvement”. Substantial
damage also means flood-related damage sustained by a structure on two separate occasions during a 10 -year
period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds
25 percent of the market value of the structure before the damage occurred.
Substantial Improvement. Any combination of repairs, reconstruction, rehabilitation, addition, or other
improvement of a structure, taking place during any one-year five-year period for which the cost equals or exceeds
fifty percent (50%) of the market value of the structure before the “start of construction” of the improvement. This
term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed.
The term does NOT, however, include either:
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1. any correction of existing violations of State or community health, sanitary, or safety code
specifications which have been identified by the community code enforcement official and which
are the minimum necessary to assure safe living conditions; or
2. any alteration of a historic structure, provided that the alteration will NOT preclude the structure's
continued designation as a historic structure. and the alteration is approved by variance issued
pursuant to Appendix G Article 4 Section E of this ordinance.
Technical Bulletin and Technical Fact Sheet. A FEMA publication that provides guidance concerning the building
performance standards of the NFIP, which are contained in Title 44 of the U.S. Code of Federal Regulations at
Section 60.3. The bulletins and fact sheets are intended for use primarily by State and local officials responsible
for interpreting and enforcing NFIP regulations and by members of the de velopment community, such as design
professionals and builders. New bulletins, as well as updates of existing bulletins, are issued periodically as
needed. The bulletins do not create regulations; rather they provide specific guidance for complying with th e
minimum requirements of existing NFIP regulations.
It should be noted that Technical Bulletins and Technical Fact Sheets provide guidance on the minimum
requirements of the NFIP regulations. State or community requirements that exceed those of the NFIP take
precedence. Design professionals should contact the community officials to determine whether more restrictive
State or local regulations apply to the building or site in question. All applicable standards of the State or local
building code must also be met for any building in a flood hazard area.
Temperature Controlled. Having the temperature regulated by a heating and/or cooling system, built -in or
appliance.
Violation, Floodplain. The failure of a structure or other development to be fully compliant with the community’s
flood management regulations. A structure or other development without the elevations certificate, other
certifications, or other evidence of compliance required in Chapters 4, 9, 12, & 14 Appendix G, Articles 4 and 5 of
the Flood Damage Prevention Ordinance is presumed to be in violation until such time as that documentation is
provided.
Water Surface Elevation (WSE). The height, in relation to mean sea level NAVD 1988, of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
13
APPENDIX G
IREDELL COUNTY
FLOOD DAMAGE
PREVENTION ORDINANCE
14
IREDELL COUNTY FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES. ........................... 15
SECTION A. STATUTORY AUTHORIZATION. ................................................................................................... 15
SECTION B. FINDINGS OF FACT. ................................................................................................................... 15
SECTION C. STATEMENT OF PURPOSE.......................................................................................................... 15
SECTION D. OBJECTIVES. .............................................................................................................................. 15
ARTICLE 2. DEFINITIONS. ............................................................................................................................ 16
ARTICLE 3. GENERAL PROVISIONS............................................................................................................... 23
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES. ............................................................................ 23
SECTION B. BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS. ................................................. 23
SECTION C. ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT. ....................................................... 23
SECTION D. COMPLIANCE. ........................................................................................................................... 23
SECTION E. ABROGATION AND GREATER RESTRICTIONS. ............................................................................. 23
SECTION F. INTERPRETATION. ..................................................................................................................... 23
SECTION G. WARNING AND DISCLAIMER OF LIABILITY. ................................................................................ 24
SECTION H. PENALTIES FOR VIOLATION. ...................................................................................................... 24
ARTICLE 4. ADMINISTRATION. .................................................................................................................... 24
SECTION A. DESIGNATION OF FLOODPLAIN ADMINISTRATOR. ..................................................................... 24
SECTION B. FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT AND CERTIFICATION REQUIREMENTS ........ 24
SECTION C. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. ..................................... 28
SECTION D. CORRECTIVE PROCEDURES. ....................................................................................................... 30
SECTION E. VARIANCE PROCEDURES. .......................................................................................................... 31
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION. .......................................................................... 33
SECTION A. GENERAL STANDARDS. .............................................................................................................. 33
SECTION B. SPECIFIC STANDARDS. ............................................................................................................... 34
SECTION C. RESERVED. ................................................................................................................................ 39
SECTION D. STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS. .................. 39
SECTION E. STANDARDS FOR RIVERINE FLOODPLAINS WITH BASE FLOOD ELEVATIONS BUT WITHOUT ESTABLISHED
FLOODWAYS OR NON-ENCROACHMENT AREAS. ............................................................................................ 40
SECTION F. FLOODWAYS AND NON-ENCROACHMENT AREAS. ..................................................................... 40
ARTICLE 6. LEGAL STATUS PROVISIONS. ...................................................................................................... 41
SECTION A. EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD DAMAGE PREVENTION ORDINANCE.
41
SECTION B. EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PERMITS. ....................................... 41
SECTION C. SEVERABILITY. ........................................................................................................................... 41
SECTION D. EFFECTIVE DATE. ....................................................................................................................... 41
SECTION E. ADOPTION CERTIFICATION. ....................................................................................................... 41
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September 18, 2018
IREDELL COUNTY FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES.
SECTION A. STATUTORY AUTHORIZATION.
The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3 and 4 of Article 18 of
Chapter 153A; and Part 121, Article 6 of Chapter 153A of the North Carolina General Statutes, delegated to local
governmental units the responsibility to adopt regulations designed to promote the public health, safety, and
general welfare.
Therefore, the Board of Commissioners of Iredell County , North Carolina, does ordain as follows:
SECTION B. FINDINGS OF FACT.
(1) The flood prone areas within the jurisdiction of Iredell 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 th e 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.
SECTION C. STATEMENT OF PURPOSE.
It is the purpose of this ordinance to promote public health, safety, and general welfare and to minimize public and
private losses due to flood conditions within flood prone areas by provisions designed to:
(1) Restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards
or that result in damaging increases in erosion, flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood
damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are
involved in the accommodation of floodwaters;
(4) Control filling, grading, dredging, and all other development that may increase erosion or flood damage;
and
(5) Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or which may
increase flood hazards to other lands.
SECTION D. OBJECTIVES.
The objectives of this ordinance are to:
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(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 (i.e. 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.
ARTICLE 2. 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 Administrator's interpretation of any provision of this
ordinance.
“Area of Special Flood Hazard” see “Special Flood Hazard Area (SFHA)”.
“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
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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.
“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 April 7, 1987.
“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 Insurance” means the insurance coverage provided under the National Flood Insurance Program.
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“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 Ra te Maps (FIRMs)
and Flood Boundary and Floodway Maps (FBFMs), if published.
“Flood Prone Area” see “Floodplain”
“Flood Zone” means a geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map
that reflects the severity or type of flooding in the area.
“Floodplain” means any land area susceptible to being inundated by water from any source.
“Floodplain Administrator” is the individual appointed to administer and enforce the floodplain management
regulations.
“Floodplain Development Permit” means any type of permit that is required in conformance with the provisions of
this ordinance, prior to the commencement of any development activity.
“Floodplain Management” means the operation of an overall program of corrective and preventive measures for
reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain,
including, but not limited to, emergency preparedness plans, flood control works, floodplain management
regulations, and open space plans.
“Floodplain Management Regulations” means this ordinance and other zoning ordinances, subdivision regulations,
building codes, health regulations, special purpose ordinances, and other applications of police power. This term
describes federal, state or local regulations, in any combination thereof, which provide standards for preventing
and reducing flood loss and damage.
“Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to
structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitation
facilities, structures, and their contents.
“Flood-resistant material” means any building product [material, component or system] capable of withstanding
direct and prolonged contact (minimum 72 hours) with floodwaters without sustaining damage that requires more
than low-cost cosmetic repair. Any material that is water -soluble or is not resistant to alkali or acid in water,
including normal adhesives for above-grade use, is not flood-resistant. Pressure-treated lumber or naturally
decay-resistant lumbers are acceptable flooring materials. Sheet-type flooring coverings that restrict evaporation
from below and materials that are impervious, but dimensionally unstable are not acceptable. Materials that
absorb or retain water excessively after submergence are not flood -resistant. Please refer to Technical Bulletin 2,
Flood Damage-Resistant Materials Requirements, and available from the FEMA. Class 4 and 5 materials,
referenced therein, are acceptable flood-resistant materials.
“Floodway” means the channel of a river or other watercourse, including the area above a bridge or culvert when
applicable, and the adjacent land areas that must be reserved in ord er to discharge the base flood without
cumulatively increasing the water surface elevation more than one (1) foot.
“Floodway encroachment analysis” means an engineering analysis of the impact that a proposed encroachment
into a floodway or non-encroachment area is expected to have on the floodway boundaries and flood levels during
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the occurrence of the base flood discharge. The evaluation shall be prepared by a qualified North Carolina licensed
engineer using standard engineering methods and models.
“Freeboard” means the height added to the BFE to account for the many unknown factors that could contribute to
flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave
action, blockage of bridge or culvert openings, and the hydrological effect of urbanization of the watershed. The
BFE plus the freeboard establishes the “Regulatory Flood Protection Elevation”.
“Functionally Dependent Facility” means a facility which cannot be used for its intended purpose unless it is
located in close proximity to water, limited to a docking or port facility necessary for the loading and unloading of
cargo or passengers, shipbuilding, or ship repair. The term does not include long -term storage, manufacture, sales,
or service facilities.
“Hazardous Waste Management Facility” means, as defined in NCGS 130A, Article 9, a facility for the collection,
storage, processing, treatment, recycling, recovery, or disposal of hazardous waste.
“Highest Adjacent Grade (HAG)” means the highest natural elevation of the ground surface, prior to construction,
immediately next to the proposed walls of the structure.
“Historic Structure” means any structure that is:
(a) Listed individually in the National Register of Historic Places (a listi ng maintained by the US
Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the
requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to
qualify as a registered historic district;
(c) Individually listed on a local inventory of historic landmarks in communities with a “Certified Local
Government (CLG) Program”; or
(d) Certified as contributing to the historical significance of a historic district designated by a community
with a “Certified Local Government (CLG) Program.”
Certified Local Government (CLG) Programs are approved by the US Department of the Interior in
cooperation with the North Carolina Department of Cultural Resources through the State Historic
Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966 as
amended in 1980.
“Letter of Map Change (LOMC)” means an official determination issued by FEMA that amends or revises an
effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:
(e) Letter of Map Amendment (LOMA): An official amendment, by letter, to an effective National Flood
Insurance Program map. A LOMA is based on technical data showing that a property had been
inadvertently mapped as being in the floodplain, but is actually on natural high ground above the base
flood elevation. A LOMA amends the current effective Flood Insurance Rate Map and establishes that
a specific property, portion of a property, or structure is not located in a special flood hazard area.
(f) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood
zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other
planimetric features.
(g) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has
been elevated by fill above the BFE and is, therefore, no longer located within the special flood hazard
area. In order to qualify for this determination, the fill must have been permitted and placed in
accordance with the community’s floodplain management regulations.
(h) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed
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project complies with the minimum NFIP requirements for such projects with respect to delineation of
special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as -built documentation, a Letter of Map
Revision may be issued by FEMA to revise the effective FIRM.
“Light Duty Truck” means any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has
a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less
as defined in 40 CFR 86.082-2 and is:
(c) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or
(d) Designed primarily for transportation of persons and has a capacity of more than 12 persons; or
(c) Available with special features enabling off-street or off-highway operation and use.
“Lowest Adjacent Grade (LAG)” means the elevation of the ground, sidewalk or patio slab immediately next to the
building, or deck support, after completion of the building.
“Lowest Floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood
resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a
basement area is not considered a building's lowest floor, provided that such an enclosure is not built so as to
render the structure in violation of the applicable non-elevation design requirements of this ordinance.
“Manufactured Home” means a structure, transportable in one or more sections, which is built on a permanent
chassis and designed to be used with or without a permanent foundation when connected to the required utilities.
The term “manufactured home” does not include a “recreational vehicle”.
“Manufactured Home Park or Subdivision” means a parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
“Market Value” means the building value, not including the land value and that of any accessory structures or
other improvements on the lot. Market value may be established by independent certified appraisal; replacement
cost depreciated for age of building and quality of construction (Actual Cash Value); or adjusted tax assessed
values.
“New Construction” means structures for which the “start of construction” commenced on or after the effective
date of the initial floodplain management regulations and includes any subsequent improvements to such
structures.
“Non-Conversion Agreement” means a document stating that the owner will not convert or alter what has been
constructed and approved. Violation of the agreement is considered a violation of the ordinance and, therefore,
subject to the same enforcement procedures and penalties. The agreement must be filed with the recorded deed
for the property. The agreement must show the clerk’s or recorder’s stamps and/or notations that the filing has
been completed.
“Non-Encroachment Area (NEA)” means the channel of a river or other watercourse, including the area above a
bridge or culvert when applicable, and the adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the
Flood Insurance Study report.
“Post-FIRM” means construction or other development for which the “start of construction” occurred on or after
May 15, 1980, the effective date of the initial Flood Insurance Rate Map.
“Pre-FIRM” means construction or other development for which the “start of construction” occurred before May
15, 1980, the effective date of the initial Flood Insurance Rate Map.
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“Principally Above Ground” means that at least 51% of the actual cash value of the structure is above ground.
“Public Safety” and/or “Nuisance” means anything which is injurious to the safety or health of an entire
community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or
use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
“Recreational Vehicle (RV)” means a vehicle, which is:
(a) Built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck;
(d) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for
recreational, camping, travel, or seasonal use, and
(e) Is fully licensed and ready for highway use.
For the purpose of this ordinance, “Tiny Homes/Houses” and Park Models that do not meet the items listed
above are not considered Recreational Vehicles and should meet the standards of and be permitted as
Residential Structures.
“Reference Level is the bottom of the lowest horizontal structural member of the lowest floor for structures within
all Special Flood Hazard Areas.
“Regulatory Flood Protection Elevation” means the “Base Flood Elevation” plus the “Freeboard”. In “Special Flood
Hazard Areas” where Base Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus two
(2) feet freeboard. In “Special Flood Hazard Areas” where no BFE has been established, this elevation shall be at
least two (2) feet above the highest adjacent grade.
“Remedy a Violation” means to bring the structure or other development into compliance with state and
community floodplain management regulations, or, if this is not possible, to reduce the impacts of its
noncompliance. Ways that impacts may be reduced include protecting the structure or other affected
development from flood damages, implementing the enforcement provisions of the ordinance or otherwise
deterring future similar violations, or reducing federal financial exposure with regard to the structure or other
development.
“Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
“Salvage Yard” means any non-residential property used for the storage, collection, and/or recycling of any type of
equipment, and including but not limited to vehicles, appliances an d related machinery.
“Solid Waste Disposal Facility” means any facility involved in the disposal of solid waste, as defined in NCGS 130A-
290(a)(35).
“Solid Waste Disposal Site” means, as defined in NCGS 130A-290(a)(36), any place at which solid wastes are
disposed of by incineration, sanitary landfill, or any other method.
“Special Flood Hazard Area (SFHA)” means the land in the floodplain subject to a one percent (1%) or greater chance
of being flooded in any given year, as determined in Article 3, Section B of this ordinance.
“Start of Construction” includes substantial improvement, and means the date the building permit was issued
provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other
improvement was within 180 days of the permit date. The actual start means either the first placement of
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permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home
on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part o f the main
structure. For a substantial improvement, the actual start of construction means the first alteration of any wall,
ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions
of the building.
“Structure” means a walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage
tank that is principally above ground.
“Substantial Damage” means damage of any origin sustained by a structure during any one-year period whereby
the cost of restoring the structure to it’s before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred. See definition of “substantial improvement”.
Substantial damage also means flood-related damage sustained by a structure on two separate occasions during a
10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds
25 percent of the market value of the structure before t he damage occurred.
“Substantial Improvement” means any combination of repairs, reconstruction, rehabilitation, addition, or other
improvement of a structure, taking place during any five-year period for which the cost equals or exceeds 50
percent of the market value of the structure before the “start of construction” of the improvement. This term
includes structures which have incurred “substantial damage”, regardless of the actual repair work performed.
The term does not, however, include either:
(a) Any correction of existing violations of state or community health, sanitary, or safety code
specifications which have been identified by the community code enforcement official and which are
the minimum necessary to assure safe living conditions; or
(b) Any alteration of a historic structure, provided that the alteration will not preclude the structure's
continued designation as a historic structure and the alteration is approved by variance issued pursuant
to Article 4 Section E of this ordinance.
“Technical Bulletin and Technical Fact Sheet” means a FEMA publication that provides guidance concerning the
building performance standards of the NFIP, which are contained in Title 44 of the U.S. Code of Federal Regulations
at Section 60.3. The bulletins and fact sheets are intended for use primarily by State and local officials responsible
for interpreting and enforcing NFIP regulations and by members of the development community, such as design
professionals and builders. New bulletins, as well as updates of existing bulletins, are issued periodically as needed.
The bulletins do not create regulations; rather they provide specific guidance for complying with the minimum
requirements of existing NFIP regulations.
It should be noted that Technical Bulletins and Technical Fact Sheets provide guidance on the minimum
requirements of the NFIP regulations. State or community requirements that exceed those of the NFIP take
precedence. Design professionals should contact the community officials to determine whether mo re restrictive
State or local regulations apply to the building or site in question. All applicable standards of the State or local
building code must also be met for any building in a flood hazard area.
“Temperature Controlled” means having the temperature regulated by a heating and/or cooling system, built-in or
appliance.
“Variance” is a grant of relief from the requirements of this ordinance.
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“Violation” means the failure of a structure or other development to be fully compliant with the community's
floodplain management regulations. A structure or other development without the elevation certificate, other
certifications, or other evidence of compliance required in Articles 4 and 5 is presumed to be in violation until such
time as that documentation is provided.
“Water Surface Elevation (WSE)” means the height, in relation to NAVD 1988, of floods of various magnitudes and
frequencies in the floodplains of riverine areas.
“Watercourse” means a lake, river, creek, stream, wash, channel or other topographic feature on or over which
waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood
damage may occur.
ARTICLE 3. GENERAL PROVISIONS.
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES.
This ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction of Iredell County.
SECTION B. BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS.
The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS) agreement
between the State of North Carolina and FEMA in its Flood Insurance Study (FIS) dated November 16, 2018 for
Iredell County and associated DFIRM panels, including any digital data developed as part of the FIS, which are
adopted by reference and declared a part of this ordinance. Future revisions to the FIS and DFIRM panels that do
not change flood hazard data within the jurisdictional authority of Iredell County are also adopted by reference
and declared a part of this ordinance. Subsequent Letter of Map Revisions (LOMRs) and/or Physical Map
Revisions (PMRs) shall be adopted within 3 months.
SECTION C. ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT.
A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance prior to
the commencement of any development activities within Special Flood Hazard Areas determined in accordance
with the provisions of Article 3, Section B of this ordinance.
SECTION D. COMPLIANCE.
No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full
compliance with the terms of this ordinance and other applicable regulations.
SECTION E. ABROGATION AND GREATER RESTRICTIONS.
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
SECTION F. INTERPRETATION.
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In the interpretation and application of this ordinance, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under State statutes.
SECTION G. WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is
based on scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be
increased by man-made or natural causes. This ordinance does not imply that land outside the Special Flood
Hazard Areas or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall
not create liability on the part of Iredell County or by any officer or employee thereof for any flood damages that
result from reliance on this ordinance or any administrative decision lawfully made hereunder.
SECTION H. PENALTIES FOR VIOLATION.
Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violation of
conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute
a Class 1 misdemeanor pursuant to NC G.S. § 143-215.58. Any person who violates this ordinance or fails to comply
with any of its requirements shall, upon conviction thereof, be fined not more than $100.00 or imprisoned for not
more than thirty (30) days, or both. Each day such violation continues shall be considered a separate offense.
Nothing herein contained shall prevent Iredell County from taking such other lawful action as is necessary to
prevent or remedy any violation.
ARTICLE 4. ADMINISTRATION.
SECTION A. DESIGNATION OF FLOODPLAIN ADMINISTRATOR.
The Planning Director or Designee, hereinafter referred to as the “Floodplain Administrator”, is hereby appointed
to administer and implement the provisions of this ordinance. In instances where the Floodplain Administrator
receives assistance from others to complete tasks to administer and implement this ordinance, the Floodplain
Administrator shall be responsible for the coordination and community’s overall compliance with the National
Flood Insurance Program and the provisions of this ordinance.
SECTION B. FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT AND CERTIFICATION REQUIREMENTS
(1) Application Requirements. Application for a Floodplain Development Permit shall be made to the
Floodplain Administrator prior to any development activities located within Special Flood Hazard Areas.
The following items shall be presented to the Floodplain Administrator to apply for a floodplain
development permit:
(a) A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details
of the proposed floodplain development:
(i) The nature, location, dimensions, and elevations of the area of development/disturbance;
existing and proposed structures, utility systems, grading/pavement areas, fill materials,
storage areas, drainage facilities, and other development;
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(ii) The boundary of the Special Flood Hazard Area as delineated on the FIRM or other flood map
as determined in Article 3, Section B, or a statement that the entire lot is within the Special
Flood Hazard Area;
(iii) Flood zone(s) designation of the proposed development area as determined on the FIRM or
other flood map as determined in Article 3, Section B;
(iv) The boundary of the floodway(s) or non-encroachment area(s) as determined in Article 3,
Section B;
(v) The Base Flood Elevation (BFE) where provided as set forth in Article 3, Section B; Article 4,
Section C; or Article 5, Section D;
(vi) The old and new location of any watercourse that will be altered or relocated as a result of
proposed development; and
(vii) The certification of the plot plan by a registered land surveyor or professional engineer.
Projects under one-hundred-fifty (150) square feet or $3,000, and not in a floodway or non-
encroachment zone, are exempt from this provision.
(b) Proposed elevation, and method thereof, of all development within a Special Flood Hazard Area
including but not limited to:
(i) Elevation in relation to NAVD 1988 of the proposed reference level (including basement) of all
structures;
(ii) Elevation in relation to NAVD 1988 to which any non -residential structure in Zone AE will be
floodproofed; and
(iii) Elevation in relation to NAVD 1988 to which any proposed utility systems will be elevated or
floodproofed.
(c) If floodproofing, a Floodproofing Certificate (FEMA Form 086 -0-34) with supporting data, an
operational plan, and an inspection and maintenance plan that include, but ar e not limited to,
installation, exercise, and maintenance of floodproofing measures.
(d) A Foundation Plan, drawn to scale, which shall include details of the proposed foundation system to
ensure all provisions of this ordinance are met. These details in clude but are not limited to:
(i) The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid
backfilled foundation, open foundation on columns/posts/piers/piles/shear walls); and
(ii) Openings to facilitate automatic equalization of hydrostatic flood forces on walls in
accordance with Article 5, Section B(4)(d) when solid foundation perimeter walls are used in
Zone AE.
(e) Usage details of any enclosed areas below the lowest floor.
(f) Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and
water systems to be located and constructed to minimize flood damage.
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(g) Certification that all other Local, State and Federal permits required prior to floodplain development
permit issuance have been received.
(h) Documentation for placement of Recreational Vehicles and/or Temporary Structures, when applicable,
to ensure that the provisions of Article 5, Section B, subsections (6) and (7) of this ordinance are met .
(i) A description of proposed watercourse alteration or relocation, when applicable, including an
engineering report on the effects of the proposed project on the flood -carrying capacity of the
watercourse and the effects to properties located both upstream and downstream; and a map (if not
shown on plot plan) showing the location of the proposed watercourse alteration or relocation.
(2) Permit Requirements. The Floodplain Development Permit shall include, but not be limited to:
(a) A complete description of all the development to be permitted under the floodplain development
permit (e.g. house, garage, pool, septic, bulkhead, cabana, pier, bridge, mining, dredging, filling,
grading, paving, excavation or drilling operations, or storage of equipment or materials, etc.).
(b) The Special Flood Hazard Area determination for the proposed development in accordance with
available data specified in Article 3, Section B.
(c) The Regulatory Flood Protection Elevation required for the reference level and all at tendant utilities.
(d) The Regulatory Flood Protection Elevation required for the protection of all public utilities.
(e) All certification submittal requirements with timelines.
(f) A statement that no fill material or other development shall encroach into the floodway or non-
encroachment area of any watercourse unless the requirements of Article 5, Section F have been met.
(g) The flood openings requirements, if in Zone AE.
(h) Limitations of below BFE enclosure uses (if applicable). (i.e., parking, building access and limited
storage only).
(i) A statement, that all materials below BFE/RFPE must be flood resistant materials.
(3) Certification Requirements.
(a) Elevation Certificates
(i) An Elevation Certificate (FEMA Form 086-0-33) is required after the reference level is
established. Within seven (7) calendar days of establishment of the reference level elevation,
it shall be the duty of the permit holder to submit to the Floodplain Administrator a
certification of the elevation of the reference level, in relation to NAVD 1988. Any work done
within the seven (7) day calendar period and prior to submission of the certification shall be
at the permit holder’s risk. The Floodplain Administrator shall review the certificate data
submitted. Deficiencies detected by such review shall be corrected by the permit holder
immediately and prior to further work being permitted to proceed. Failure to submit the
certification or failure to make required corrections shall be cause to issue a stop -work order
for the project.
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(ii) A final Finished Construction Elevation Certificate (FEMA Form 086-0-33) is required after
construction is completed and prior to Certificate of Compliance/Occupancy issuance. It shall
be the duty of the permit holder to submit to the Floodplain Administrator a certification of
final as-built construction of the elevation of the reference level and all attendant utilities. The
Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by
such review shall be corrected by the permit holder immediately and prior to Certificate of
Compliance/Occupancy issuance. In some instances, another certification may be required to
certify corrected as-built construction. Failure to submit the certification or failure to make
required corrections shall be cause to withhold the issuance of a Certificate of
Compliance/Occupancy. The Finished Construction Elevation Certificate certifier shall provide
at least 2 photographs showing the front and rear of the building taken within 90 days from
the date of certification. The photographs must be taken with views confirming the building
description and diagram number provided in Section A. To the extent possible, these
photographs should show the entire building including foundation. If the building has split-
level or multi-level areas, provide at least 2 additional photographs showing side views of the
building. In addition, when applicable, provide a photograph of the foundation showing a
representative example of the flood openings or vents. All photographs must be in color and
measure at least 3" × 3". Digital photographs are acceptable
(b) Floodproofing Certificate
(i) If non-residential floodproofing is used to meet the Regulatory Flood Protection Elevation
requirements, a Floodproofing Certificate (FEMA Form 086-0-34), with supporting data, an
operational plan, and an inspection and maintenance plan are required prior to the actual start
of any new construction. It shall be the duty of the permit holder to submit to the Floodplain
Administrator a certification of the floodproofed design elevation of the reference level and all
attendant utilities, in relation to NAVD 1988. Floodproofing certification shall be prepared by or
under the direct supervision of a professional engineer or architect and certified by same. The
Floodplain Administrator shall review the certificate data, the operational plan, and the
inspection and maintenance plan. Deficiencies detected by such review shall be corrected by
the applicant prior to permit approval. Failure to submit the certification or failure to make
required corrections shall be cause to deny a Floodplain Development Permit. Failure to
construct in accordance with the certified design shall be cause to withhold the issuance of a
Certificate of Compliance/Occupancy.
(ii) A final Finished Construction Floodproofing Certificate (FEMA Form 086-0-34), with supporting
data, an operational plan, and an inspection and maintenance plan are required prior to the
issuance of a Certificate of Compliance/Occupancy. It shall be the duty of the permit holder to
submit to the Floodplain Administrator a certification of the floodproofed design el evation of
the reference level and all attendant utilities, in relation to NAVD 1988. Floodproofing certificate
shall be prepared by or under the direct supervision of a professional engineer or architect and
certified by same. The Floodplain Administrator shall review the certificate data, the operational
plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be
corrected by the applicant prior to Certificate of Occupancy. Failure to submit the certification
or failure to make required corrections shall be cause to deny a Floodplain Development Permit.
Failure to construct in accordance with the certified design shall be cause to deny a Certificate
of Compliance/Occupancy.
(c) If a manufactured home is placed within Zone AE and the elevation of the chassis is more than 36
inches in height above grade, an engineered foundation certification is required in accordance with the
provisions of Article 5, Section B(3)(b).
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(d) If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or
relocation; a professional engineer’s certified report on the effects of the proposed project on the
flood-carrying capacity of the watercourse and the effects to properties located both upstream and
downstream; and a map showing the location of the proposed watercourse alteration or relocation
shall all be submitted by the permit applicant prior to issuance of a floodplain development permit.
(e) Certification Exemptions. The following structures, if located within Zone AE are exempt from the
elevation/floodproofing certification requirements specified in items (a) and (b) of this subsection:
(i) Recreational Vehicles meeting requirements of Article 5, Section B(6)(a);
(ii) Temporary Structures meeting requirements of Article 5, Section B(7); and
(iii) Accessory Structures that are one-hundred-fifty (150) square feet or less or $3,000 or less and
meeting requirements of Article 5, Section B(8).
(4) Determinations for existing buildings and structures.
For applications for building permits to improve buildings and structures, including alterations, movement,
enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial
improvements, repairs of substantial damage, and any other improvement of or work on such buildings and
structures, the Floodplain Administrator, in coordination with the Building Official, shall:
(a) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared
by a qualified independent appraiser, of the building or structure before the start of construction of
the proposed work; in the case of repair, the market value of the building or structure shall be the
market value before the damage occurred and before any repairs are made;
(b) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre -
damaged condition, or the combined costs of improvements and repairs, if applicable, to the market
value of the building or structure;
(c) Determine and document whether the proposed work constitutes substantial improvement or repair
of substantial damage; and
(d) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of
substantial damage and that compliance with the flood resistant construction requirements of the NC
Building Code and this ordinance is required.
SECTION C. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
The Floodplain Administrator shall perform, but not be limited to, the following duties:
(1) Review all floodplain development applications and issue permits for all proposed development within
Special Flood Hazard Areas to assure that the requirements of this ordinance have been sat isfied.
(2) Review all proposed development within Special Flood Hazard Areas to assure that all necessary local, state
and federal permits have been received, including Section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 U.S.C. 1334.
(3) Notify adjacent communities and the North Carolina Department of Public Safety, Division of Emergency
Management, State Coordinator for the National Flood Insurance Program prior to any alteration or
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relocation of a watercourse, and submit evidence of such notification to the Federal Emergency
Management Agency (FEMA).
(4) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that
the flood-carrying capacity is maintained.
(5) Prevent encroachments into floodways and non-encroachment areas unless the certification and flood
hazard reduction provisions of Article 5, Section F are met.
(6) Obtain actual elevation (in relation to NAVD 1988) of the reference level (including basement) and all
attendant utilities of all new and substantially improved structures, in accordance with the provisions of
Article 4, Section B(3).
(7) Obtain actual elevation (in relation to NAVD 1988) to which all new and substantially improved structures
and utilities have been floodproofed, in accordance with the provisions of Article 4, Section B(3).
(8) Obtain actual elevation (in relation to NAVD 1988) of all public utilities in accordance with the provisions
of Article 4, Section B(3).
(9) When floodproofing is utilized for a particular structure, obtain certifications from a registered professional
engineer or architect in accordance with the provisions of Article 4, Section B(3) and Article 5, Section B(2).
(10) Where interpretation is needed as to the exact location o f boundaries of the Special Flood Hazard Areas,
floodways, or non-encroachment areas (for example, where there appears to be a conflict between a
mapped boundary and actual field conditions), make the necessary interpretation. The person contesting
the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as
provided in this article.
(11) When BFE data has not been provided in accordance with the provisions of Article 3, Section B, obtain,
review, and reasonably utilize any BFE data, along with floodway data or non -encroachment area data
available from a federal, state, or other source, including data developed pursuant to Article 5, Section
D(2)(c), in order to administer the provisions of this ordinance.
(12) When BFE data is provided but no floodway or non-encroachment area data has been provided in
accordance with the provisions of Article 3, Section B, obtain, review, and reasonably utilize any floodway
data or non-encroachment area data available from a federal, state, or other source in order to administer
the provisions of this ordinance.
(13) When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a
parcel in a Special Flood Hazard Area is above the BFE, advise th e property owner of the option to apply for
a Letter of Map Amendment (LOMA) from FEMA. Maintain a copy of the LOMA issued by FEMA in the
floodplain development permit file.
(14) Permanently maintain all records that pertain to the administration of this ordinance and make these
records available for public inspection, recognizing that such information may be subject to the Privacy Act
of 1974, as amended.
(15) Make on-site inspections of work in progress. As the work pursuant to a floodplain developmen t permit
progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to
ensure that the work is being done according to the provisions of the local ordinance and the terms of the
permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper
credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for
the purposes of inspection or other enforcement action.
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(16) Issue stop-work orders as required. Whenever a building or part thereof is being constructed,
reconstructed, altered, or repaired in violation of this ordinance, the Floodplain Administrator may order
the work to be immediately stopped. The stop-work order shall be in writing and directed to the person
doing or in charge of the work. The stop-work order shall state the specific work to be stopped, the specific
reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a
stop-work order constitutes a misdemeanor.
(17) Revoke floodplain development permits as required. The Floodplain Administrator may revoke and require
the return of the floodplain development permit by notifying the permit holder in writing stating the
reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved
application, plans, and specifications; for refusal or failure to comply with the requirements of State or local
laws; or for false statements or misrepresentations made in securing the permit. Any floodplain
development permit mistakenly issued in violation of an applicable State or local law may also be revoked.
(18) Make periodic inspections throughout the Special Flood Hazard Areas within the jurisdiction of the
community. The Floodplain Administrator and each member of his or her inspections department shall
have a right, upon presentation of proper credentials, to enter on any premises within the territorial
jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement
action.
(19) Follow through with corrective procedures of Article 4, Section D.
(20) Review, provide input, and make recommendations for variance requests.
(21) Maintain a current map repository to include, but not limited to, historical and effective FIS Report,
historical and effective FIRM and other official flood maps and studies adopted in accordance with the
provisions of Article 3, Section B of this ordinance, including any revisions theret o including Letters of Map
Change, issued by FEMA. Notify State and FEMA of mapping needs.
(22) Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based on Fill (LOMR -Fs)
and Letters of Map Revision (LOMRs).
SECTION D. CORRECTIVE PROCEDURES.
(1) Violations to be corrected: When the Floodplain Administrator finds violations of applicable state and local
laws; it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner
or occupant shall immediately remedy each of the violations of law cited in such notification.
(2) Actions in Event of Failure to Take Corrective Action: If the owner of a building or property shall fail to take
prompt corrective action, the Floodplain Administrator shall give the owner written notice, by certified or
registered mail to the owner’s last known address or by personal service, stating:
(a) That the building or property is in violation of the floodplain management regulations;
(b) That a hearing will be held before the Floodplain Administrator at a designated place and time, not
later than ten (10) days after the date of the notice, at which time the owner shall be entitled to be
heard in person or by counsel and to present arguments and evidence pertaining to the matter; and
(e) That following the hearing, the Floodplain Administrator may issue an order to alter, vacate, or
demolish the building; or to remove fill as applicable.
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(3) Order to Take Corrective Action: If, upon a hearing held pursuant to the notice prescribed above, the
Floodplain Administrator shall find that the building or development is in violation of the Flood Damage
Prevention Ordinance, he or she shall issue an order in writing to the owner, requiring the owner to remedy
the violation within a specified time period, not less than sixty (60) calendar days, nor more than one-
hundred-eighty (180) calendar days. Where the Floodplain Administrator finds that there is imminent
danger to life or other property, he or she may order that corrective action be taken in such lesser period as
may be feasible.
(4) Appeal: Any owner who has received an order to take corrective action may appeal the order to the Board
of Adjustment by giving notice of appeal in writing to the Floodplain Administrator and the clerk within ten
(10) days following issuance of the final order. In the absence of an appeal, the order of the Floodplain
Administrator shall be final. The local governing body shall hear an appeal within a reasonable time and
may affirm, modify and affirm, or revoke the order.
(5) Failure to Comply with Order: If the owner of a building or property fails to comply with an order to take
corrective action for which no appeal has been made or fails to comply with an order of the governing body
following an appeal, the owner shall be guilty of a Class 1 misdemeanor pursuant to NC G.S. § 143 -215.58
and shall be punished at the discretion of the court.
SECTION E. VARIANCE PROCEDURES.
(1) The Board of Adjustment as established by Iredell County, hereinafter referred to as the “appeal board”,
shall hear and decide requests for variances from the requirements of this ordinance.
(2) Any person aggrieved by the decision of the appeal board may appeal such decision to the Court, as
provided in Chapter 7A of the North Carolina General Statutes.
(3) Variances may be issued for:
(a) The repair or rehabilitation of historic structures upon the determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation as a historic structure and that
the variance is the minimum necessary to preserve the historic character and design of the structure;
(b) Functionally dependent facilities if determined to meet the definition as stated in Article 2 of this
ordinance, provided provisions of Article 4, Section E(9)(b), (c), and (e) have been satisfied, and such
facilities are protected by methods that minimize flood damages during the base flood and create no
additional threats to public safety; or
(c) Any other type of development provided it meets the requirements of this Section.
(4) In passing upon variances, the appeal board shall consider all technical evaluations, all relevant factors, all
standards specified in other sections of this ordinance, and:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the community;
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(e) The necessity to the facility of a waterfront location as defined under Article 2 of this ordinance as a
functionally dependent facility, where applicable;
(f) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed
use;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the comprehensive plan and floodplain management program
for that area;
(i) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(j) The expected heights, velocity, duration, rate of rise, and sedime nt transport of the floodwaters and
the effects of wave action, if applicable, expected at the site; and
(k) The costs of providing governmental services during and after flood conditions including maintenance
and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets
and bridges.
(5) A written report addressing each of the above factors shall be submitted with the application for a variance.
(6) Upon consideration of the factors listed above and the purpo ses of this ordinance, the appeal board may
attach such conditions to the granting of variances as it deems necessary to further the purposes and
objectives of this ordinance.
(7) Any applicant to whom a variance is granted shall be given written notice specifying the difference between
the BFE and the elevation to which the structure is to be built and that such construction below the BFE
increases risks to life and property, and that the issuance of a variance to construct a structure below the
BFE may result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage.
Such notification shall be maintained with a record of all variance actions, including justification for their
issuance.
(8) The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to
the FEMA and the State of North Carolina upon request.
(9) Conditions for Variances:
(a) Variances shall not be issued when the variance will make the structure in violation of othe r federal,
state, or local laws, regulations, or ordinances.
(b) Variances shall not be issued within any designated floodway or non-encroachment area if the variance
would result in any increase in flood levels during the base flood discharge.
(c) Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(d) Variances shall only be issued prior to development permit approval.
(e) Variances shall only be issued upon:
(i) A showing of good and sufficient cause;
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(ii) A determination that failure to grant the variance would result in exceptional hardship; and
(iii) A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, or extraordinary public expense, create nuisance, cause
fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(10) A variance may be issued for solid waste disposal facilities or sites that are located in Special Flood Hazard
Areas provided that all of the following conditions are met.
(a) The use serves a critical need in the community.
(b) No feasible location exists for the use outside the Special Flood Hazard Area.
(c) The reference level of any structure is elevated or floodproofed to at least the Regulatory Flood
Protection Elevation.
(f) The use complies with all other applicable federal, state and local laws.
(g) Iredell County has notified the Secretary of the North Carolina Department of Public Safety of its
intention to grant a variance at least thirty (30) calendar days prior to granting the variance.
(11) Hazardous waste management facilities, salvage yards, and chemical storage facilities are specifically not
subject to the variance procedures of this ordinance.
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION.
SECTION A. GENERAL STANDARDS.
In all Special Flood Hazard Areas the following provisions are required:
(1) All new construction and substantial improvements shall be designed (or modified) and adequately
anchored to prevent flotation, collapse, and lateral movement of the structure.
(2) All new construction and substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage in accordan ce with the FEMA Technical Bulletin 2, Flood Damage-
Resistant Materials Requirements.
(3) All new construction and substantial improvements shall be constructed by methods and practices that
minimize flood damages.
(4) All new electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment
shall be located at or above the RFPE or designed and installed to prevent water from entering or
accumulating within the components during the occurrence of the base flood. These include, but are not
limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter
panels/boxes, utility/cable boxes, hot water heaters, and electric outlets/switches.
(a) Replacements part of a substantial improvement, electrical, heating, ventilation, plumbing, air
conditioning equipment, and other service equipment shall also meet the above provisions.
(b) Replacements that are for maintenance and not part of a substantial improvement, may be installed
at the original location provided the addition and/or improvements only comply with the standards
for new construction consistent with the code and requirements for the original structure.
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(5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of
floodwaters into the system.
(6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of
floodwaters into the systems and discharges from the systems into flood waters.
(7) On-site waste disposal systems shall be located and constructed to avoid impairment to them or
contamination from them during flooding.
(8) Nothing in this ordinance shall prevent the repair, reconstruction, or replacement of a b uilding or structure
existing on the effective date of this ordinance and located totally or partially within the floodway, non -
encroachment area, or stream setback, provided there is no additional encroachment below the Regulatory
Flood Protection Elevation in the floodway, non-encroachment area, or stream setback, and provided that
such repair, reconstruction, or replacement meets all of the other requirements of this ordinance.
(9) New solid waste disposal facilities and sites shall not be permitted, except by variance as specified in Article
4, Section E(10). A structure or tank for chemical or fuel storage incidental to an allowed use or to the
operation of a water treatment plant or wastewater treatment facility may be located in a Special Flood
Hazard Area only if the structure or tank is either elevated or floodproofed to at least the Regulatory Flood
Protection Elevation and certified in accordance with the provisions of Article 4, Section B(3).
(10) All subdivision proposals and other development proposals shall be consistent with the need to minimize
flood damage.
(11) All subdivision proposals and other development proposals shall have public utilities and facilities such as
sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
(12) All subdivision proposals and other development proposals shall have adequate drainage provided to
reduce exposure to flood hazards.
(13) All subdivision proposals and other development proposals shall have received all neces sary permits
from those governmental agencies for which approval is required by federal or state law, including Section
404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
(14) When a structure is partially located in a Special Flood Hazard Area, the entire structure shall meet the
requirements for new construction and substantial improvements.
(15) When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple
base flood elevations, the provisions for the more restrictive flood hazard risk zone and the highest BFE shall
apply.
(16) Fill is prohibited in the SFHA including construction of buildings on fill. This includes not approving
Conditional Letters or Letters of Map Revision – Based on Fill (CLOMR-F or LOMR-F) for new development.
Road and utility infrastructure projects are exempt from this provision.
SECTION B. SPECIFIC STANDARDS.
In all Special Flood Hazard Areas where BFE data has been provided, as set forth in Article 3, Section B, or Article 5,
Section D, the following provisions, in addition to the provisions of Article 5, Section A, are required:
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(1) Residential Construction. New construction and substantial improvement of any residential structure
(including manufactured homes) shall have the reference level, including basement, elevated no lower than
the Regulatory Flood Protection Elevation, as defined in Article 2 of this ordinance.
(2) Non-Residential Construction. New construction and substantial improvement of any commercial,
industrial, or other non-residential structure shall have the reference level, including basement, elevated
no lower than the Regulatory Flood Protection Elevation, as defined in Article 2 of this ordinance.
Structures located in Zone AE may be floodproofed to the Regulatory Flood Protection Elevation in lieu of
elevation provided that all areas of the structure, together with attendant utility and sanitary facilities,
below the Regulatory Flood Protection Elevation are watertight with walls substantially impermeable to
the passage of water, using structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify
that the floodproofing standards of this subsection are satisfied. Such certification shall be provided to the
Floodplain Administrator as set forth in Article 4, Section B(3), along with the operational plan and the
inspection and maintenance plan.
(3) Manufactured Homes.
(a) New and replacement manufactured homes shall be elevated so that the reference level of the
manufactured home is no lower than the Regulatory Flood Protection Elevation, as defined in Article 2
of this ordinance.
(b) Manufactured homes shall be securely anchored to an adequately anchored foundation to resist
flotation, collapse, and lateral movement, either by certified engineered foundation system, or in
accordance with the most current edition of the State of North Carolina Regu lations for Manufactured
Homes adopted by the Commissioner of Insurance pursuant to NCGS 143 -143.15. Additionally, when
the elevation would be met by an elevation of the chassis thirty-six (36) inches or less above the grade
at the site, the chassis shall be supported by reinforced piers or engineered foundation. When the
elevation of the chassis is above thirty-six (36) inches in height, an engineering certification is required.
(c) All enclosures or skirting below the lowest floor shall meet the requirements of Article 5, Section B(4).
(d) An evacuation plan must be developed for evacuation of all residents of all new, substantially improved
or substantially damaged manufactured home parks or subdivisions located within flood prone areas.
This plan shall be filed with and approved by the Floodplain Administrator and the local Emergency
Management Coordinator.
(4) Elevated Buildings. Fully enclosed area, of new construction and substantially improved structures, which
is below the lowest floor:
(a) Shall not be designed or used for human habitation, but shall only be used for parking of vehicles,
building access, or limited storage of maintenance equipment used in connection with the premises.
Access to the enclosed area shall be the minimum necessar y to allow for parking of vehicles (garage
door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area
(stairway or elevator). The interior portion of such enclosed area shall not be finished or partitioned
into separate rooms, except to enclose storage areas;
(b) Shall not be temperature-controlled or conditioned;
(c) Shall be constructed entirely of flood resistant materials at least to the Regulatory Flood Protection
Elevation; and
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(d) Shall include, in Zone AE flood openings to automatically equalize hydrostatic flood forces on walls by
allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be
certified by a professional engineer or architect or meet or exceed the following minimum design
criteria:
(i) A minimum of two flood openings on different sides of each enclosed area subject to flooding;
(ii) The total net area of all flood openings must be at least one (1) square inch for each square
foot of enclosed area subject to flooding;
(iii) If a building has more than one enclosed area, each enclosed area must have flood openings
to allow floodwaters to automatically enter and exit;
(iv) The bottom of all required flood openings shall be no higher than one (1) foot above the higher
of the interior or exterior adjacent grade;
(v) Flood openings may be equipped with screens, louvers, or other coverings or devices, provided
they permit the automatic flow of floodwaters in both directions; and
(vi) Enclosures made of flexible skirting are not considered enclosures for regulatory purposes,
and, therefore, do not require flood openings. Masonry or wood underpinning, regardless of
structural status, is considered an enclosure and requires flood openings as outlined above.
(e) Fill/Grading
(i) Fill is prohibited in the SFHA including construction of buildings on fill. This includes not approving
Conditional Letters or Letters of Map Revision – Based on Fill (CLOMR-F or LOMR-F) for new
development. Road and utility infrastructure projects are exempt from this provision.
(f) Property owners shall be required to execute and record a non-conversion agreement prior to issuance
of a building permit declaring that the area below the lowest floor shall not be improved, fin ished or
otherwise converted to habitable space; Iredell County will have the right to inspect the enclosed area.
This agreement shall be recorded with the Iredell County Register of Deeds and shall transfer with the
property in perpetuity.
(g) Release of restrictive covenant. If a property which is bound by a non -conversion agreement is
modified to remove enclosed areas below BFE, then the owner may request release of restrictive
covenant after staff inspection and submittal of confirming documentation .
(5) Additions/Improvements.
(a) Additions and/or improvements to pre-FIRM structures when the addition and/or improvements in
combination with any interior modifications to the existing structure are:
(i) Not a substantial improvement, the addition and/or improvements must be designed to
minimize flood damages and must not be any more non -conforming than the existing
structure.
(ii) A substantial improvement, with modifications/rehabilitations/improveme nts to the existing
structure or the common wall is structurally modified more than installing a doorway, both
the existing structure and the addition must comply with the standards for new construction.
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(b) Additions to pre-FIRM or post-FIRM structures that are a substantial improvement with no
modifications/rehabilitations/improvements to the existing structure other than a standard door in the
common wall, shall require only the addition to comply with the standards for new construction.
(c) Additions and/or improvements to post-FIRM structures when the addition and/or improvements in
combination with any interior modifications to the existing structure are:
(i) Not a substantial improvement, the addition and/or improvements only must comply with the
standards for new construction consistent with the code and requirements for the original
structure.
(ii) A substantial improvement, both the existing structure and the addition and/or improvements
must comply with the standards for new construction.
(d) Any combination of repair, reconstruction, rehabilitation, addition or improvement of a building or
structure taking place during a five (5) year period, the cumulative cost of which equals or exceeds 50
percent of the market value of the structure before the improvement or repair is started must comply
with the standards for new construction. For each building or structure, the five (5) year period begins
on the date of the first improvement or repair of that building or structure subsequent to the effective
date of this ordinance. Substantial damage also means flood -related damage sustained by a structure
on two separate occasions during a 10-year period for which the cost of repairs at the time of each
such flood event, on the average, equals or exceeds 25 percent of the market value of the structure
before the damage occurred. If the structure has sustained substantial damage, any repairs are
considered substantial improvement regardless of the actual repair work performed. The requirement
does not, however, include either:
(i) Any project for improvement of a building required to correct existing health, sanitary or
safety code violations identified by the building official and that are the minimum necessary
to assume safe living conditions.
(ii) Any alteration of a historic structure provided that the alteration will not preclude the
structure’s continued designation as a historic structure.
(6) Recreational Vehicles. Recreational vehicles shall either:
(a) Temporary Placement
(i) Be on site for fewer than 180 consecutive days; or
(ii) Be fully licensed and ready for highway use. (A recreational vehicle is ready for highway use if
it is on its wheels or jacking system, is attached to the site only by quick disconnect type
utilities, and has no permanently attached additions.)
(b) Permanent Placement. Recreational vehicles that do not meet the limitations of Temporary Placement
shall meet all the requirements for new construction.
(7) Temporary Non-Residential Structures. Prior to the issuance of a floodplain development permit for a
temporary structure, the applicant must submit to the Floodplain Administrator a plan for the removal of
such structure(s) in the event of a hurricane, flash flood or other type of flood warning notification. The
following information shall be submitted in writing to the Floodplain Administrator for review and written
approval:
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(a) A specified time period for which the temporary use will be permitted. Time specified may not exceed
three (3) months, renewable up to one (1) year;
(b) The name, address, and phone number of the individual responsible for the removal of the temporary
structure;
(c) The time frame prior to the event at which a structure will be removed (i.e., minimum of 72 hours
before landfall of a hurricane or immediately upon flood warning notification);
(d) A copy of the contract or other suitable instrument with the entity responsible for physical removal of
the structure; and
(e) Designation, accompanied by documentation, of a location outside the Special Flood Hazard Area, to
which the temporary structure will be moved.
(8) Accessory Structures. When accessory structures (sheds, detached garages, etc.) are to be placed within a
Special Flood Hazard Area, the following criteria shall be met:
(a) Accessory structures shall not be used for human habitation (including working, sleeping, living,
cooking or restroom areas);
(b) Accessory structures shall not be temperature-controlled;
(c) Accessory structures shall be designed to have low flood damage potential;
(d) Accessory structures shall be constructed and placed on the building site so as to offer the minimum
resistance to the flow of floodwaters;
(e) Accessory structures shall be firmly anchored in accordance with the provisions of Article 5, Section
A(1);
(f) All service facilities such as electrical shall be installed in accordance with the provisions of Article 5,
Section A(4); and
(g) Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provi ded below
Regulatory Flood Protection Elevation in conformance with the provisions of Article 5, Section B(4)(d).
An accessory structure with a footprint less than one-hundred-fifty (150) square feet or that is a minimal
investment of $3,000 or less and satisfies the criteria outlined above is not required to meet the elevation or
floodproofing standards of Article 5, Section B (2). Elevation or floodproofing certifications are required for
all other accessory structures in accordance with Article 4, Section B(3).
(9) Tanks. When gas and liquid storage tanks are to be placed within a Special Flood Hazard Area, the following
criteria shall be met:
(a) Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation,
collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of
the design flood, including the effects of buoyancy assuming the tank is empty;
(b) Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated to or above
the Regulatory Flood Protection Elevation on a supporting structure that is designed to prevent
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flotation, collapse or lateral movement during conditions of the design flood. Tank -supporting
structures shall meet the foundation requirements of the applicable flood hazard area;
(c) Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements
of Section B (2) of this ordinance shall be permitted in flood hazard areas provided the tanks are
designed, constructed, installed, and anchored to resist all flood-related and other loads, including the
effects of buoyancy, during conditions of the design flood and without release of contents in the
floodwaters or infiltration by floodwaters into the tanks. Tanks shall be designed, constructed,
installed, and anchored to resist the potential buoyant and other flood forces acting on an empty tank
during design flood conditions.
(d) Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
(i) At or above the Regulatory Flood Protection Elevation or fitted with covers designed to prevent
the inflow of floodwater or outflow of the contents of the tanks during conditions of the design
flood; and
(ii) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy, during conditions of the design flood.
(10) Other Development.
(a) Fences in regulated floodways and NEAs that have the potential to block the passage of floodwaters,
such as stockade fences and wire mesh fences, shall meet the limitations of Article 5, Section F of this
ordinance.
(b) Retaining walls, sidewalks and driveways in regulated floodways and NEAs. Retaining walls and
sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the
limitations of Article 5, Section F of this ordinance.
(c) Roads and watercourse crossings in regulated floodways and NEAs. Roads and watercourse crossings,
including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to
travel from one side of a watercourse to the other side, that encroach into regulated floodways shall
meet the limitations of Article 5, Section F of this ordinance.
SECTION C. RESERVED.
SECTION D. STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS.
Within the Special Flood Hazard Areas designated as Approximate Zone A and established in Article 3, Section B,
where no BFE data has been provided by FEMA, the following provisions, in addition to the provisions of Article 5,
Section A, shall apply:
(1) No encroachments, including fill, new construction, substantial improvements or new development shall
be permitted within a distance of twenty (20) feet each side from top of bank or five times the width of the
stream, whichever is greater, unless certification with supporting technical data by a registered
professional engineer is provided demonstrating that such encroachments shall not result in any increase
in flood levels during the occurrence of the base flood discharge.
(2) The BFE used in determining the Regulatory Flood Protectio n Elevation shall be determined based on the
following criteria:
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(a) When BFE data is available from other sources, all new construction and substantial improvements
within such areas shall also comply with all applicable provisions of this ordinance and shall be elevated
or floodproofed in accordance with standards in Article 5, Sections A and B.
(b) When floodway or non-encroachment data is available from a Federal, State, or other source, all new
construction and substantial improvements within floodway and non-encroachment areas shall also
comply with the requirements of Article 5, Sections B and F.
(c) All subdivision, manufactured home park and other development proposals shall provide BFE data if
development is greater than five (5) acres or has more than fifty (50) lots/manufactured home sites.
Such BFE data shall be adopted by reference in accordance with Article 3, Section B and utilized in
implementing this ordinance.
(d) When BFE data is not available from a Federal, State, or other so urce as outlined above, the
reference level shall be elevated or floodproofed (nonresidential) to or above the Regulatory Flood
Protection Elevation, as defined in Article 2. All other applicable provisions of Article 5, Section B shall
also apply.
SECTION E. STANDARDS FOR RIVERINE FLOODPLAINS WITH BASE FLOOD ELEVATIONS BUT WITHOUT
ESTABLISHED FLOODWAYS OR NON-ENCROACHMENT AREAS.
Along rivers and streams where BFE data is provided by FEMA or is available from another source but neither
floodway nor non-encroachment areas are identified for a Special Flood Hazard Area on the FIRM or in the FIS
report, the following requirements shall apply to all development within such areas:
(1) Standards of Article 5, Sections A and B; and
(2) Until a regulatory floodway or non-encroachment area is designated, no encroachments, including fill,
new construction, substantial improvements, or other development, shall be permitted unless certification with
supporting technical data by a registered professional engineer is p rovided demonstrating that the cumulative
effect of the proposed development, when combined with all other existing and anticipated development, will not
increase the water surface elevation of the base flood more than one (1) foot at any point within the community.
SECTION F. FLOODWAYS AND NON-ENCROACHMENT AREAS.
Areas designated as floodways or non-encroachment areas are located within the Special Flood Hazard Areas
established in Article 3, Section B. The floodways and non-encroachment areas are extremely hazardous areas due
to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following
provisions, in addition to standards outlined in Article 5, Sections A and B, shall apply to all development within
such areas:
(1) No encroachments, including fill, new construction, substantial improvements and other developments
shall be permitted unless:
(a) It is demonstrated that the proposed encroachment would not result in any increase in the flood lev els
during the occurrence of the base flood discharge, based on hydrologic and hydraulic analyses
performed in accordance with standard engineering practice and presented to the Floodplain
Administrator prior to issuance of floodplain development permit; o r
(b) A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision
(LOMR) must also be obtained within six months of completion of the proposed encroachment.
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(2) If Article 5, Section F(1) is satisfied, all development shall comply with all applicable flood hazard reduction
provisions of this ordinance.
(3) Manufactured homes may be permitted provided the following provisions are met:
(a) The anchoring and the elevation standards of Article 5, Section B(3); and
(b) The encroachment standards of Article 5, Section F(1).
ARTICLE 6. LEGAL STATUS PROVISIONS.
SECTION A. EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD DAMAGE PREVENTION
ORDINANCE.
This ordinance in part comes forward by re-enactment of some of the provisions of the Flood Damage Prevention
Ordinance enacted April 7, 1987 as amended, and it is not the intention to repeal but rather to re -enact and
continue to enforce without interruption of such existing provisions, so that all rights and liabiliti es that have
accrued thereunder are reserved and may be enforced. The enactment of this ordinance shall not affect any
action, suit or proceeding instituted or pending. All provisions of the Flood Damage Prevention Ordinance of
Iredell County enacted on April 7, 1987, as amended, which are not reenacted herein are repealed.
The date of the initial Flood Damage Prevention Ordinance for each municipal jurisdiction within Iredell County is
as follows:
Town of Davidson: January 10, 1995
Town of Mooresville: May 5, 1980
City of Statesville: September 17, 1979
Town of Troutman: June 27, 2013
SECTION B. EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PERMITS.
Nothing herein contained shall require any change in the plans, construction, size, or designated u se of any
development or any part thereof for which a floodplain development permit has been granted by the Floodplain
Administrator or his or her authorized agents before the time of passage of this ordinance; provided, however,
that when construction is not begun under such outstanding permit within a period of six (6) months subsequent
to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of
this ordinance.
SECTION C. SEVERABILITY.
If any section, clause, sentence, or phrase of the Ordinance is held to be invalid or unconstitutional by any court of
competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this
Ordinance.
SECTION D. EFFECTIVE DATE.
This ordinance shall become effective upon adoption.
SECTION E. ADOPTION CERTIFICATION.
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Public Hearing regarding the adoption of new flood maps: Planning Director Matthew
Todd said flood maps are updated periodically throughout the state. During a recent study of
Mecklenburg County, a piece of property was discovered to be in the flood plain in Iredell. The
1.2-acre tract is located near the Mecklenburg County line.
The property owner and adjoining property owners were notified of the change. New flood
maps must be adopted as a condition of the continued eligibility in the National Flood Insurance
Program.
Public hearing and approval of resolution regarding the issuance of not to exceed
$9,000,000 of Public Finance Authority Educational Facilities Revenue Bonds, Series 2018:
County Manager Beth Jones introduced Davidson Day School Board Member David Alexander,
Chief Financial Officer Rachel Lennox, Director of Administration Trent Brown, and attorney
Kristen Kirby.
Kirby said the purpose of the bond is to provide financing for Davidson Day School to
refinance existing debt, used to finance the construction of the current campus, and to purchase
land in Iredell County for future development. A portion of the bond will be used to purchase the
property. Under the tax code, in order to issue tax exempt bonds for private schools a public
hearing by the governing body that has jurisdiction over the issuer and the location of the project
is required. The bonds will not be any debt of the county, calculated in the County’s debt ratios
or legal debt limit. It is very clear in all the bond documents that the bonds are solely repayable by
the school.
Vice Chairman Bowles said the County is providing a venue for the public hearing because
the property being purchased is located with the county. The board does not approve or deny the
bonds.
Chairman Mallory asked if there will be a public hearing in Mecklenburg County.
Kirby said the other property is located within the Town of Davidson, there will be a
public hearing held next week.
Vice Chair Bowles applauded the efforts of the school.
ADMINISTRATIVE MATTERS
Request from the Project Manager to consider city annexation of property adjacent
to the Public Safety Complex: Project Manager David Saleeby explained that in April 2017, the
County applied for and annexed the property of the Public Safety Complex, and Agricultural
Center. Recently, the County purchased a small property next to the Agricultural Center, which is
known as the “collie dog property” and a property previously owned by the Statesville Housing
Authority. Currently, there are no plans for the properties. The “collie dog property” will be
cleaned up and both tracts will be maintained. Board action is required to begin the annexation
process. The annexation will be beneficial as water and sewer is two and a half times more
expensive outside the city limits. All city services will be provided to the properties.
This item was placed on the consent agenda.
Request from Parks and Recreation for approval of budget amendment #9 in the
amount of $5,300 for contracted soccer referees: Parks and Recreation Director Michelle Hepler
reported that it has been difficult to acquire an adequate number of referees for the fall soccer
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season. The request is to reallocate funds from part time salaries into contracted services in order
to supplement the referee pool. This request does not include any additional funds.
Chairman Mallory asked if this is caused by having fewer part time refs or more games to
ref.
Athletic Director Daniel Taylor said only twelve (12) refs from last year has returned. Eight
referees left for college, six took other positions or are too busy, and two left due to abuse of refs
on the field.
Vice Chairman Bowles asked about the abuse.
Taylor said fairly common. Referee abuse has escalated from verbal to “meet me in the
parking lot” scenarios. There is typically a slight turnover in refs, but losing 16 has proven to be
difficult. Referees are encouraged to attend games before applying.
Hepler stated a lot of the refs are young, some right out of school. It can be an intimidating
position to be in at times.
Chairman Mallory asked which age divisions tend to have more abuse.
Taylor said the younger age groups since some of the parents are unfamiliar with the rules
of the game.
Commissioner Houpe asked if the County should change its tolerance on referee abuse.
Hepler explained that Taylor has done a great job of being on site for games. A full time Parks and
Recreation staff member is at every location for games. That employee can suspend or eject a
parent or coach from the property. Two coaches and three parents have been ejected.
Commissioner Norman said abuse of refs is not a new problem. The trend is nationwide.
Vice Chairman Bowles said high school and college ball have stepped up the game and
grass is a little greener on that side. Referees who officiate challenge, classic, or travel ball are
paid more. Travel ball refs are often paid on site.
Hepler shared that the budget amendment is a temporary fix and staff is working diligently
to do an analysis of contracting out services.
Chairman Mallory asked who the refs are in contract with. Taylor said there are assignors
throughout the state. Gary Duncan is the state assignor for this district. North Carolina Soccer
Referee Association.
Jones said the last resort is to cancel games. Everything should be done in order to make
sure the games can continue and contracting the referees will do that. This is a commitment and
service to the citizens.
Commissioner Houpe said there needs to be training for the parents. Some leagues require
parents to sign codes of conduct. If games are cancelled it is back on them.
Taylor explained that parents sign a code of conduct when registering to play.
Commissioner Houpe suggested posting signs to outline rules and consequences at game
locations.
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Hepler agreed.
This item was placed on the consent agenda.
BA#9 To move money from part time salaries to contracted services for soccer
referees 9/18/2018
Account # Current Budget Change Amended Budget
105655 510003 Part Time Salaries 181,094 (5,300) 175,794
105655 537508 Contracted services 40,900 5,300 46,200
Request from the Finance Department to approve budget amendment #10 to
appropriate fund balance in the East Alexander Fire Department for a grant match: Chief
Scott Abernathy requested an appropriation of fund balance in the amount of $10,000 to be used
as a match for a $178,000 Assistance to Fire Fighters Grant. The grant will replace all of the air
packs, cylinders, and masks. Includes a total of 29 packs, 58 cylinders, 58 masks, and 40 voice
amp pack trackers. There was a $25,000 difference in the two bids that were received. The fire
department went with the less expensive with an approximate total of $220,000.
Vice Chairman Bowles asked about the remaining.
Abernathy said the fire department will cover the remainder of the cost.
BA#10 To appropriate fund balance in the East Alexander Fire Tax Fund for a
match to an Assistance to Fire Fighters Grant 9/18/2018
Account # Current Budget Change Amended Budget
224880 499500 Appropriated Fund
Balance
-
(10,000)
(10,000)
225525 537600 Contracted services 115,000 10,000 125,000
Request from the Finance Department to approve a resolution to accept the lowest
bid for the financing of the FY2019 vehicles: Finance Director Deb Alford explained that she
was previously asked by the Board to seek financing for 39 vehicles at a cost of a little over $2
million. Thirteen bids were received on August 24, 2018 ranging from 2.81% to 3.41% with a total
of $2,050,000 including closing cost. The lowest bid was from Zion Bank. The request is to
approve the resolution to enter into the installment financing agreement with Zion Bank.
Vice Chairman Bowles asked the length of the loan.
Alford said five years.
This will be presented at the 7:00 regular meeting.
Alford also provided an update on the school bonds. The County’s credit rating remained
the same. Bids from the school bonds were received this morning (September 18, 2018) with seven
basis points and nine banks participating. Citi Group Global Markets was the lowest bid at an
interest rate of 3.10%.
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September 18, 2018
Request from the Finance Department for the adoption of a resolution and
authorization to sell two vacant parcels of land recently acquired through tax foreclosure
sale: Purchasing Agent and Contracts Manager Dean Lail explained that the Tax Collectors Office
turned over two undeveloped properties to be sold. The vacant lots are adjacent to each other. In
the past the bids have started the amount of taxes owed plus applicable fees. Lail suggested that
the bids start $5,822. In the event of no interest at that amount, he requested the authority to restart
the bid at a lower price. Two local residents have shown interest in the properties. The sale will
not begin until 30 days after the advertisement has been published. The board will review and
approve the winning bid before the sale is final.
This item was placed on the consent agenda.
Request from the Sheriff’s Office to approve application for and acceptance of the
2018 JAG Grant from the Bureau of Justice Assistance and approve budget amendment #11
in the amount of $16,406: Sheriff Darren Campbell explained that the Sheriff’s Office has been
awarded the 2018 JAG grant in the amount of $16,406. The monies will be used to purchase a K9
for the elementary school resource officer and ballistic shields for the tactical team.
Chairman Mallory thanked Campbell for applying for grants.
Commissioner Houpe thanked Campbell and Bert Connolly for assisting during Hurricane
Florence.
Campbell said six deputies have been deployed to Columbus County to help with the
recovery efforts after Hurricane Florence. More may be redeployed once they return.
Chairman Mallory said the County was very fortunate but very prepared for the hurricane.
This item was place on the consent agenda.
BA#11 To appropriate 2018-19 JAG Grant for Sheriff's Office
9/18/2018
Account # Current Budget Change Amended
Budget
104510 436000 15219 US Dept of Justice
JAG Grant
- (16,406) (16,406)
105510 610000 15219 Depreciable Assets - 8,900 8,900
105510 620000 15219 Non-Depreciable
Assets
- 7,506 7,506
Request from Planning & Development to consider calling for a public hearing in
regard to text amendments to the Land Development Code: Planning Director Matthew Todd
explained the Board requested that Planning Board enrollment be increased from nine to eleven
(11). The Planning Board reviewed the proposed text amendment twice and there was opposition
to increasing the number of members. However, the Planning Board was perceptive to having two
alternate members. At the second viewing, the Planning Board voted unanimously to recommend
approval of proposed text amendments for additional members to be appointed as alternates. Also,
residency requirements for Planning Board members were not in the code and language has been
added to require a Planning Board member to be a resident of the County.
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September 18, 2018
Request from Tax Administration for approval of August refunds and releases:
Partners Behavioral Health has a refund request in the amount of $7,666 for 2017 taxes for property
purchase. As a governmental entity, Partners Behavioral Health is exempt from paying property
taxes.
Request from the Deputy Clerk to the Board for approval of minutes from the
meeting on September 4, 2018: There were no corrections or comments.
This item was placed on the consent agenda.
UNFINISHED BUSINESS
Commissioner Houpe reported on a recent airport commission meeting. Some of the
construction projects in the states eyes are not going to be able to be done because the construction
companies are too busy. There is an opportunity available for additional funds. The airport
commission has asked that the county amend request from the list of existing projects to ask for
additional funding for existing projects. Statesville Airport Manager John Ferguson has additional
information. Representatives Ted Budd and Virginia Foxx have signed letters of support.
Commissioner Houpe asked that a letter be sent in on behalf of the board. The funds are 100%
financing with no matching funds required.
This item was added to the consent agenda.
COUNTY MANAGER’S REPORT
County Manager Beth Jones to Kent Greene for the update and debriefing on Hurricane
Florence.
Jones said the County has a great Emergency Management team and is in very capable
hands.
Commissioner Houpe commended Jones for her willingness to serve in the Emergency
Operations Center alongside other county employees.
CLOSED SESSION
Chairman Mallory moved the Board into closed session at 5:52PM for Economic
Development G.S. 143-318.11 (a) (4).
The Board recessed from Closed Session at 6:40 PM until the 7:00 regular meeting.
IREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
September 18, 2018
The Iredell County Board of Commissioners met in regular session on Tuesday, September
18, 2018, at 7:00 PM, in the Iredell County Government Center (Commissioners’ Meeting Room),
200 South Center Street, Statesville, NC.
Board Members Present
Chairman James B. Mallory III
47
September 18, 2018
Thomas Bowles
Gene Houpe
Marvin Norman
Board Members Absent
Jeff McNeely
Staff present: County Manager Beth Jones, Deputy County Manager Susan Robertson,
Former County Attorney Bill Pope (County Attorney Lisa Valdez was absent), Finance Director
Debra Alford, Deputy Clerk to the Board Amy Anderson and Clerk to the Board Retha Gaither.
CALL TO ORDER by Chairman Mallory.
INVOCATION: Chairman James Mallory asked everyone to bow their heads for a
moment of silence.
PLEDGE OF ALLEGIANCE led by Chairman Mallory.
ADJUSTMENTS TO THE AGENDA
County Manager Beth Jones made the following adjustment to the agenda:
Remove: Administrative Matters – Item VIII.9
Add: Appointment Before the Board – Debriefing on Hurricane Florence
Administrative Matters – Item VIII.11
MOTION by Commissioner Norman to approve the agenda as adjusted.
VOTING: Ayes – 4; Nays – 0
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
(none)
APPOINTMENTS BEFORE THE BOARD
Request from the Airport Manager John Ferguson for approval of 50% matching
funds for a grant from the NC Department of Transportation of Aviation: Airport Manager
John Ferguson said the airport is undertaking a $750,000 project to replace the electronic “guts”
in the instrument landing system. The system assists in guiding airplanes to the runway during
inclement weather. The grant is $675,000. The Airport Commission requests that the City of
Statesville and the County equally share the remaining cost of $75,000. The County’s share
would be $37,500.
Chairman Mallory asked if a budget amendment is required.
Jones said this request would be budget amendment #12. If approved by the Board, it is
recommended that the funds be allocated from the project development fund.
MOTION by Commissioner Houpe to approve the $37,500 matching funds for Statesville
Airport with budget amendment #12 with funds from project development.
VOTING: Ayes – 4; Nays – 0
48
September 18, 2018
BA#12 Iredell County match to FAA Statesville Airport Grant
9/18/2018
Account # Current Budget Change Amended Budget
105475 564083 Project Development 836,559 (37,500) 799,059
105475 574250 Statesville Airport-Other 8,335 37,500 45,835
Commissioner Houpe asked Ferguson to elaborate on Administrative Matter VIII.11.
Ferguson said a new pot of money is available from the FAA for airport development at small and
medium airports. Statesville Airport is applying for three projects. The FAA generally based grants
on safety, security, capacity, and protection of the approach zone. This grant actually considers
economic development. The FAA wants to know if the grant would benefit the tenants in some
way or benefit the sponsor (city or county). The first project being submitted is the other half of
an existing upgrade to the southeast parallel taxiway. This will open up land for development for
future hangars. This will also allow NASCAR airplanes and private carriers to taxi to the end of
the runway and will also save fuel. The second project is to add 1000 feet of safety area to the west
end of the runway. Since the runway goes right up to the edge of Bethlehem Road the end of the
runway has to be striped 1000 feet in. The 1000 feet safety area would give full access of the
asphalt. Private carriers, such as Victory Air and Champion Air, who have a total of 13 50-
passenger jets at the airport, will be able to take on full loads of fuel. Recently, while flying to a
race in Las Vegas, NASCAR teams were forces to stop for fuel in Tulsa. If Statesville Airport had
a full 7,000-foot runway, the jets could have gone non-stop to Las Vegas. The airlines purchase
gas at retail from other airports but in Statesville they their own fuel. This project will be a major
economic impact for the tenants and the County. The third project is the Corporate Hangar
Development Site. The airport is asking for approximately $2.3 million from the State to develop
two and half acres for pad ready sites. The airport is asking to develop 30 acres that was purchased
last year. This would be a major economic impact on the airport. Which will be able to have
hangars built for multi-million jets.
Chairman Mallory said the board is in with both feet.
Commissioner Houpe said that Representatives Ted Budd and Virginia Foxx have both
signed letters of support. NASCAR also submitted a letter of support.
Ferguson said NASCAR and Lowes are the airports biggest tenants.
Commissioner Houpe said the pad ready sites would be instrumental in the growth. The
runway space would be phenomenal for this area.
Request from Fire Services and Emergency Management Director Kent Greene to
provide an update on Hurricane Florence: Fire Services and Emergency Management Director
Kent Greene said the Emergency Operations Center (EOC) opened Friday morning to plan
diligently for Hurricane Florence. Ultimately, Iredell County was spared. The state was involved
with the County’s operations. The briefing that the County held on September 13, 2018 was very
instrumental on getting information out to the public. Greene said he would like to see more
meetings like that. The EOC closed and the County’s State of Emergency has been terminated.
The State remains under a State of Emergency due to the ongoing flooding in the eastern part of
the state. The Federal government has also declared a State of Emergency. Fire Departments and
rescue squads staffed up in anticipation of the storm, but have since returned to normal staffing.
49
September 18, 2018
The county received an average of five (5) inches of rain but no washout of roads. The South
Yadkin River rose out of its banks but did not impact any roadways. At one point there were 3,000
people without power due to a downed tree but power was restored rather quickly. The Iredell
County Sheriff’s Office has deployed six deputies to Columbus County to provi de security and
support. The Health Department has deployed two nurses to Pender County to assist in recover
efforts. Mooresville Fire and Rescue has deployed a Type 1 Swift Water Rescue to the Kingston
area. The state has asked all emergency management coordinators to provide a list of resources
that are available or that may become available.
Greene expressed appreciation for all the volunteers who helped during the weekend.
Also, the support of the Board and Administration was instrumental.
Chairman Mallory asked about the backup work ECOM provided for Carteret County.
Greene stated coastal counties were given a partner county further inland in the event 911
capabilities were damaged or inoperable, the 911 calls would be rolled to their partner county.
Iredell County was partnered with Carteret County who took nearly a direct hit from the hurricane.
Carteret’s 911 services were not lost, but the volume of calls caused a few calls to roll to the
county’s 911 system. The state owned radio, Viper, is used to transmit the information back to
Carteret County. Unfortunately, the Viper site in Carteret flooded and become inoperable. Iredell
County had no communication with Carteret until the Amateur Radio Service members set up a
new antenna. Communication was restored within 15 minutes.
Commissioner Houpe thanked all of the members of public safety organizations for their
help during the storm and asked Jones to explain the FEMA cost recovery.
Jones explained that anytime the County declares a State of Emergency all resources are
tracked in case there is a possibility of federal reimbursement. The County will also track deployed
assets.
PUBLIC HEARINGS
Public Hearing in regard to text amendments to the Land Development Code :
Planning Director Matthew Todd explained that there are almost 16,000 acres located within a
floodplain in the county. The state recently drafted a new model ordinance. Planning staff took
that as an opportunity to make some changes to the county’s ordinance to mirror the state model
ordinance and to consolidate the county’s floodplain regulations into one appendix. This will allow
the floodplain ordinance to be more user friendly. Planning Board voted unanimously to
recommend in favor of the text amendments.
MOTION by Commissioner Houpe to approve Appendix G, the Iredell County Flood
Damage Prevention Ordinance along with associated zoning text amendments to the current Land
Development Code and make a finding that the approval is consistent with the adopted 2030
Horizon Plan and that said approval is reasonable and in the public interest and furthers the goals
of the 2030 Horizon Plan because it aims to create compliance with the N.C. General Statutes, the
NC Flood Insurance Rate Mapping Program and Federal FEMA standards.
VOTING: Ayes – 4; Nays – 0
Public Hearing in regarding the adoption of new flood maps: Planning Director
Matthew Todd said flood maps are updated periodically throughout the state. During a recent study
50
September 18, 2018
of Mecklenburg County, a property was discovered to be in the flood plain in Iredell. The 1.2-acre
tract is located near Mecklenburg County line. The property owner and adjoining property owners
were notified of the change. There was no feedback. New flood maps must be adopted as a
condition of the continued eligibility in the National Flood Insurance Program.
MOTION by Vice Chairman Bowles to adopt the new flood maps.
VOTING: Ayes – 4; Nays – 0
Public hearing and approval of resolution regarding the issuance of not to exceed
$9,000,000 of Public Finance Authority Educational Facilities Revenue Bonds, Series 2018:
Attorney Kristen Kirby said the bonds will be used to refinance existing debt and finance the
purchase of a parcel of land for future development. Under the federal tax code in order to issue
this type of bond a public hearing is required and approved by the governing elected body that
has jurisdiction over the site of the project. Kirby asked that the board to approve the portion
related to the land purchase, approximately $1.3 million of the total $9 million. The bonds will
not be any debt of the county, calculated in the County’s debt ratios or legal debt limit. It is very
clear in all the bond documents that the bonds are solely repayable by the school.
MOTION by Commissioner Houpe to approve the resolution approving in principle the
issuance of not to exceed $9,000,000 of Public Finance Authority Education Facilities Revenue
Bonds (Davidson Day School), Series 2018 for the benefit of Davidson Day School or an affiliate
thereof.
VOTING: Ayes – 4; Nays – 0
ADMINISTRATIVE MATTERS
County Manager Beth Jones summarized the following items for the consent agenda:
Request from the Project Manager to consider the city annexation of property adjacent to
the Public Safety Complex.
Request from Parks and Recreation for approval of Budget Amendment #9 in the amount
of $5,300 for contracted soccer referees.
Request from the Finance Department to approve Budget Amendment #10 to appropriate
fund balance in the East Alexander Fire Department for a grant match.
Request from the Finance Department for the adoption of a resolution and authorization to
sell two vacant parcels of land recently acquired through tax foreclosure sale.
Request from the Sheriff’s Office to approve application for and acceptance of the 2018
JAG Grant from the Bureau of Justice Assistance and approve Budget Amendment #11 in
the amount of $16,406.
Request from Planning & Development to consider calling for a public hearing in regard
to text amendments to the Land Development Code.
Request from the Deputy Clerk for approval of minutes from the meeting on September 3,
2018.
Letter of support to the Statesville Regional Airport’s application for Federal Aviation
Association
MOTION by Commissioner Norman to approve the consent agenda.
VOTING: Ayes – 4; Nays – 0
51
September 18, 2018
Request from the Finance Department for the adoption of a resolution to accept the
lowest bid for the financing of the FY2019 vehicles: Finance Director Debra Alford stated she
was tasked with the duty of securing installment financing for our vehicles in FY19. Bids were
received on August 24, 2018 and the lowest bid was from Zion Bank with an interest rate of 2.81%.
There were only 60 basis points separating the bids. This will finance 39 vehicles. The resolution
is to award the bid to Zion Bank for $2,050,000 at an interest rate of 2.81%.
MOTION by Commissioner Norman to approve a resolution authorizing the execution and
delivery of an installment financing agreement, a security agreement and related documents in
connection with the financing of various vehicles and equipment for the County of Iredell, North
Carolina.
VOTING: Ayes – 4; Nays – 0
ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS
(None)
APPOINTMENTS TO BOARD AND COMMISSIONS
(None)
PUBLIC COMMENT PERIOD
No one wished to speak.
UNFINISHED BUSINESS
(None)
NEW BUSINESS
(None)
COUNTY MANAGER’S REPORT
County Manager Beth Jones gave a debriefing of Hurricane Florence. The county did not
have to deploy assets locally but are able to help other partners throughout the state.
CLOSED SESSIONS
Chairman Mallory stated that Closed Session was held immediately following pre-agenda
and there is no action to be taken.
ADJOURN
MOTION by Commissioner Norman to adjourn at 7:50 PM. The next regular meeting will
be Tuesday, October 2, 2018, 5:00 PM, in the South Wing Conference Room, Government Center,
200 South Center Street, Statesville, NC.
VOTING: Ayes – 4; Nays – 0
__________________________________ ___________________________________
Date Approved Amy B. Anderson, Deputy Clerk