NCS000423_Post-Construction Ordinance (CDO)_20220107

SEE SECTION 4.4 FOR POST -CONSTRUCTION ORDINANCE
ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
ARTICLE 4
ENVIRONMENTAL/LAND-DISTURBING ACTIVITIES
Summary: This article regulates land -disturbing activities. All properties are subject to the
requirements of Sec. 4-4, 4-5, and 4-6. The requirements in Sec. 4-2, 4-3, and 4-7 are
location -dependent and most relevant for properties adjacent to or in close proximity to
waterbodies. Property near waterbodies may be subject to water supply source watershed
protection, waterbody protection, and floodplain life and property protection requirements.
The first two sections after the Purpose focus on the protection of water quality. Sec. 4-2
regulates land uses and densities in the proximity of drinking water reservoirs to protect
them from pollution. Sec. 4-3 establishes undisturbed buffers and vegetative setbacks to
protect surface waters from soil erosion and pollutants.
The next two sections focus on minimizing negative impacts from stormwater. Sec. 4-4
mandates engineered stormwater controls to minimize the qualitative and quantitative
impacts of runoff and ensure compliance with federal point source discharge requirements.
These requirements are based on the permit conditions in NPDES Permit No. NCS000423 (the
City's Phase 11 stormwater permit). The phase 11 provisions became effective upon the
adoption of an ordinance amendment on January 12, 2006. Sec. 4-5 mandates the control of
sedimentation and erosion; however, the sedimentation and erosion control regulatory
program is administered by the State of North Carolina.
The next two sections focus on the protection of life and property. Sec. 4-6 regulates grading
to protect existing vegetation and utilities. Sec. 4-7 regulates land uses to minimize loss of
life and property due to flood conditions. Previously, these requirements were located in
CDO Section 4.14 (Floodplain Protection Overlay District).
Areas regulated by Section 4-2, 4-3, and 4-7 are located in overlay districts. These districts
are established and boundaries are interpreted in accordance with Article 7: Zoning Districts
and Dimensional Regulations.
Submittal requirements and process information for permits and plans required by this
article are provided in Article 6: Permits and Approval Processes.
TABLE OF CONTENTS
SECTION PAGE
4.1. PURPOSE....................................................................................... 2
4.2. WATER SUPPLY SOURCE WATERSHED PROTECTION ...................................... 3
4.3 WATERBODY BUFFERS........................................................................ 7
4.4 STORMWATER CONTROL....................................................................12
4.5 SEDIMENTATION AND EROSION CONTROL................................................19
4.6 VEGETATION AND UTILITY PROTECTION.................................................22
4.7 FLOODPLAIN LIFE AND PROPERTY PROTECTION.........................................24
City of'Concord
Concord Development Ordinance 4-1

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
4.1. PURPOSE
Alterations to the natural contour and vegetation of land can negatively impact the
environment, property, and people in the immediate vicinity of the land disturbance and the
environment, property, and people living beyond the immediate vicinity of the land
disturbance. The purpose of this article regulating land -disturbing activities is to:
1. Protect water supply sources from pollution in accordance with the Water
Supply Watershed Protection Act (NCGS 55 143-214.5 and 143-214.6) and to
protect surface water quality as required by the U.S. Clean Water Act, and
NPDES Permit, commonly known as the "Phase II Permit",
2. Minimize soil erosion and pollutants entering waterways in accordance with the
Federal Clean Water Act (33 USC 91251 et seq.) and abide by the permit
conditions imposed on Cabarrus County by the U.S. Army Corps of Engineers for
the filling and operation of Lake Don T. Howell,
3. Control and minimize the negative impacts of stormwater runoff regardless of a
development's proximity to waterways in accordance with the National
Pollutant Discharge Elimination System - Regulations for Revision of the Water
Pollution Control Program Addressing Storm Water Discharges (40 CFR Parts 9,
122, 123, and 124),
4. Protect property and waterways from damage created by sedimentation and
erosion in accordance with the Sedimentation Pollution Control Act of 1973
(NCGS 5 113A-52) and 15A NCAC 04A,
5. Preserve existing trees and vegetation to the greatest extent possible and
protect existing utilities from damage created by land disturbing activities, and
6. Minimize loss of life and property due to flood conditions.
City of Concord
Concord Development Ordinance 4-2

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
4.2. WATER SUPPLY SOURCE WATERSHED PROTECTION
4.2.1. APPLICABILITY.
No person shall perform land -disturbing activities
contamination of the City's water supply. Property
Overlay District shall be subject to the remainder of
subject to the N.C. Division of Water Quality's Surface
N.C. Administrative Code 02B).
4.2.2. WATERSHED PROTECTION OVERLAY DISTRICTS.
that cause or contribute to the
lying within a Watershed Protection
the requirements of this section and
Waters and Wetlands Standards (15A
Watershed Protection Overlay Districts (WPODs) are established and their boundaries are
interpreted in accordance with new Article 9. WPODs are shown on the City's official Zoning
Map. Water quality classifications are assigned by the North Carolina Environmental
Management Commission in accordance with 15A NCAC 02B .0100.
A. Coddle Creek Reservoir: WS-II Critical Area and WS-II Balance of Watershed,
and
B. Lake Concord: WS-IV Critical Area and WS-IV Balance of Watershed.
4.2.3. TYPES OF DEVELOPMENT.
Water supply watershed protection requirements are based on the intensity of the
development and the classification of the watershed area. There are different standards for
each type of watershed. There is one set of standards for WS-II watersheds and another for
WS-IV watersheds. In turn each watershed is divided into two areas - the critical area within
one-half mile of the water and the remainder of the area in the watershed. The four
watershed areas are shown on the zoning map.
A. WS-II CODDLE CREEK WATERSHED: LAND IN THE CRITICAL AREAS.
1. Low -Density Developments. Developments in the critical areas shall be
classified as low -density if no more than one dwelling unit per two acres or
no more than 6% built -upon area is created.
2. High -Density Developments. Developments in the critical areas shall be
classified as high -density if the development is not a Low Density
Development as defined in the previous paragraph. High density
developments in the critical areas shall not exceed one dwelling unit per
two acres or no more than 24% built -upon area is created.
B. LAND IN THE BALANCE OF WS II CODDLE CREEK WATERSHED OUTSIDE OF THE
CRITICAL AREAS.
1. Low -Density Developments. Developments in the balance of the watershed
shall be classified as low -density if no more than one dwelling unit per acre
or no more than 12% built -upon area is created.
2. High -Density Developments. Developments in the balance of the watershed
City of Concord
Concord Development Ordinance 4-3

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
shall be classified as high -density if the development is not a Low Density
Development as defined in the previous paragraph. Developments in this
area shall not exceed one dwelling unit per two acres or no more than 30%
built -upon area is created.
C. WS-IV LAKE CONCORD WATERSHED: LAND IN THE CRITICAL AREAS.
1. Low -Density Developments. Developments in the critical areas shall be
classified as low -density if no more than two dwelling units per one acre or
no more than 24% built -upon area is created.
2. High -Density Developments. Developments in the critical areas shall be
classified as high -density if the development is not a Low Density
Development as defined in the previous paragraph. New developments
shall not exceed 50% built -upon area. Engineered stormwater controls shall
be used to control the first inch of rainfall.
D. LAND IN THE BALANCE OF WS IV LAKE CONCORD WATERSHED OUTSIDE OF
THE CRITICAL AREAS.
1. Low -Density Developments. Developments in the balance of the watershed
shall be classified as low -density if no more than two dwelling unit per
acre or no more than 24% built -upon area is created, for developments
with curb -and -gutter.
2. High -Density Developments. Developments in the balance of the watershed
shall be classified as high -density if the development is not a Low Density
Development as defined in the previous paragraph. New developments
shall not exceed 70% built -upon area. Engineered stormwater controls shall
be used to control the first inch of rainfall.
E. LAND IN THE BALANCE OF THE CITY OUTSIDE OF EITHER WATER SUPPLY
WATERSHED AREA.
1. Shall meet the requirements found later in this Article at 5 4.4.3.
F. STANDARDS FOR ALL DEVELOPMENTS IN THE WATERSHED AREAS.
1. A vegetative buffer at least 100-feet wide shall be provided around the
built -upon area.
4.2.4. ENGINEERED STORMWATER CONTROLS
All engineered stormwater controls shall meet the standards of Section 4.3 through 4.5,
inclusively, and 4.7 as well as the other standards of the CDO.
4.2.5. UNDISTURBED, VEGETATIVE BUFFER WIDTHS.
Within Watershed Protection Overlay Districts, an undisturbed, vegetative buffer shall be
maintained along all waterbodies in accordance with the widths specified in Section 4.3 of
this Ordinance.
City of Concord
Concord Development Ordinance 4-4

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
4.2.6. ACTIVITIES AND STRUCTURES WITHIN THE UNDISTURBED, VEGETATIVE BUFFER.
No land -disturbing activity shall occur within the undisturbed, vegetative buffer, except those
provided for in the following subsection.
A. Permitted Activities and Structures. The following activities and structures
shall only be allowed if no practicable alternative exists and provided that the
activity and/or structure does not pose a threat to the quality of the water
supply. These activities shall minimize built -upon surface area, direct runoff
away from the surface water, and maximize the utilization of BMPs.
1. Stabilization of streambanks and shorelines approved by the U.S. Army
Corps of Engineers;
2. Construction of water dependent structures as approved by N.C.
Division of Water Resources, Department of Environment and Natural
Resources;
Construction of structures such as flagpoles, signs, and security lights,
which result in only de minimis increase in impervious area as approved
by the Administrator;
4. Repair and/or reconstruction of any existing building or built -upon area
that has been damaged or removed for any reason, provided:
■ Repair or reconstruction is initiated within twelve (12) months and
completed within two (2) years of such damage or removal;
■ The total amount of space devoted to built -upon area is not
increased; and
The repair or reconstruction is otherwise permitted under the
provisions of this ordinance.
5. Construction of public works projects such as road crossings and greenways.
To the extent practicable, the construction of new roads in the critical areas
should be avoided. The N.C. Department of Transportation BMPs outlined in
"Best Management Practices for the Protection of Surface Waters" shall be
used for all road and bridge construction projects and shall meet all of the
standards of Section 4.3 though 4.5, inclusively, including the requirements
of Section 4.4.6, Maintenance of Stormwater Control Structures. At a
minimum, utility corridors shall be fifteen (15) feet landward from
waterbodies; the N.C. Division of Water Quality must approve exceptions.
4.2.7. PROHIBITED ACTIVITIES AND STRUCTURES.
The following activities and structures shall not be located within the undisturbed, vegetative
buffer:
City of Concord
Concord Development Ordinance 4-5

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
1. New development, except as provided in Section 4.2.5.1 above;
2. New or failing on -site sewage systems that utilize ground absorption;
3. New or inadequate sedimentation and erosion control structures;
4. Storage or disposal of junk, trash, or other refuse;
5. New facilities that would require spill containment for toxic and hazardous
materials or existing facilities with inadequate spill containment structures and
plans for toxic and hazardous materials;
6. Improper management of stormwater runoff; or
7. Any other activity or structure found to pose a threat to the quality of the
water supply.
4.2.8. SPECIAL INTENSITY ALLOCATIONS.
New development may be established with up to seventy percent (70%) of built -upon area as
Special Intensity Allocations (SIAs). SIAs shall be allocated by the Administrator through the
zoning compliance permit process. The Administrator shall maintain a record of the total
acreage within each overlay district that has been used as of the latest date. In no case shall
allocated acreage exceed the acreage eligible for allocation. Up to 205.1 acres in the balance
of the Lake Concord watershed may be allocated. The right to develop an SIA shall terminate
with the loss of the right to develop due to the expiration of a Zoning Compliance permit or
building permit. In such cases, allocated acreage or unused allocated acreage shall be
returned to the unallocated total acreage eligible for allocation. In no case shall the built -
upon area of an SIA exceed the built -upon limitations of the underlying zoning district.
4.2.9. DUTIES OF THE ADMINISTRATOR.
The City Manager, or his designee, the Director of Water Resources (the "Director") shall
maintain records of the administration of the Water Supply Source Watershed Protection
regulations and shall submit any modifications of the regulations to the Division of Water
Quality, Division of Environmental Health, and Division of Community Assistance. Additionally,
the City Manager or the Director shall submit an annual report of each project receiving a
variance and the reason for the variance granted by the Board of Adjustment during the
previous calendar year on or before January 1 of the following year.
City of Concord
Concord Development Ordinance 4-6

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
4.3. WATERBODY BUFFERS
4.3.1. APPLICABILITY.
No person shall perform land -disturbing activities that cause or contribute to a violation of
water quality standards. Protective vegetated and revegetated strips of land shall be
maintained on all sides of regulated rivers and streams, including perennial streams,
intermittent streams, lakes, and other natural waterbodies outside of the Reservoir
Watershed Protection Overlay Districts. All areas of the City not located in a Reservoir
Watershed Protection Overlay District are located in the River/Stream Overlay District. Class
1 streams include all rivers or streams shown on USGS Quadrangle maps as a solid blue line.
Class 2 streams include all rivers or streams:
• shown on USGS Quadrangle Maps as a dotted blue line, or
• if not already classified as a Class 1 stream, identified as a stream on the NRCS soil
survey map for Cabarrus County, or
• identified as a stream by a qualified stream classification professional as defined in
subsection B.
Class 1 and Class 2 streams shall be subject to these requirements. Lakes and other natural
or man-made waterbodies receive the same classification as the stream leaving the lake and
other natural or man-made waterbody. Both Class 1 and Class 2 streams, and lakes and
impoundments drained by the streams are classified as Waters of the State.
A. The following areas are not subject to the remainder of the requirements of this
section:
1. Areas along streams or waterbodies shown on the most recent United
States Geodetic Survey (USGS) 1:24,000-scale topographic map or NRCS
soils map when such streams or waterbodies do not exist;
2. Impoundments used primarily for bona fide agricultural purposes,
including animal watering, irrigation, or other agricultural uses unless
the waterbody is part of a natural drainage way (i.e., unless the
waterbody is located on a Class 1 or Class 2 stream;
3. Water dependent structures located, designed, constructed, and
maintained to provide minimal disturbance to the waterbody, the
maximum practicable nutrient and bacterial removal, and the least
practicable adverse effects on aquatic habitat and water quality;
4. Roads, bridges, stormwater management facilities, impoundments, and
utilities where no other practical alternative exists. These structures
shall be located, designed, constructed, and maintained to provide
minimal disturbance to the waterbody, the maximum practicable
nutrient and bacterial removal, and the least practicable adverse
effects on aquatic habitat and water quality. At a minimum, utility
corridors shall be fifteen (15) feet landward from waterbodies;
exceptions must be approved by the N.C. Division of Water Quality; and
5. Wet -weather ditches or ephemeral streams that have been approved as
part of a stormwater management plan.
City of Concord
Concord Development Ordinance 4-7

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
B. Streams may exist even if they are not mapped on USGS Quadrangle maps or
NRCS Soil Survey maps. A qualified professional must identify streams that
exist, but are not mapped. For the purposes of this article, a qualified
professional shall mean an individual that has attended wetlands delineation
training using application of the 1987 Wetland Delineation Manual by the US
Army Corps of Engineers and Identification of Perennial and Intermittent
Streams training supported by the North Carolina Division of Water Quality.
C. The determination that a stream indicated on a USGS Quadrangle map or NRCS
soil survey map does not exist must be concurred by NCDENR's Division of
Water Quality.
4.3.2. BUFFER AND SETBACK WIDTHS
Class 1 and Class 2 streams shall be protected by an undisturbed buffer and a vegetated
setback. An undisturbed buffer shall protect lakes and impoundments.
A. Class 1 Streams. Buffers shall be measured from the top of the stream bank
landward in a direction perpendicular to the movement of the water in the
stream. Setbacks shall be measured from the buffer boundary landward in a
direction perpendicular to the edge of the buffer.
1. Undisturbed Buffers. The width of the undisturbed buffer shall be fifty
(50) feet plus four (4) times the average percent slope of the land area
adjacent to the stream. This slope shall be calculated by measuring a
distance of two hundred and fifty (250) feet landward from the center
of the stream. The maximum width of the undisturbed buffer shall be
one hundred twenty (120) feet from the top of the stream bank.
2. Vegetated Setbacks. The width of the vegetative setback shall be
twenty (20) feet of non -built upon area adjacent to and in addition to
the undisturbed buffer.
City of Concord
Concord Development Ordinance 4-8

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
Buffer Setback
Width = [50 + (4 x S)]
Minimum width: 50 feet (areas with flat slopes)
Maximum width: 120 feet (areas with steep slopes)
Pre -development elevation of Point 1 in feet = E,
Pre -development elevation of Point 2 in feet = Ez
S = Ez - E, (feet) x 100
250 feet
Figure 4.3.2: Sample Calculation for Class 1 Stream Undisturbed Buffer.
B. Class 2 Streams. Buffers shall be measured from the top of the stream bank
landward in a direction perpendicular to the movement of the water in the
stream. Setbacks shall be measured from the buffer boundary landward in a
direction perpendicular to the edge of the buffer.
1. Undisturbed Buffers. The width of the undisturbed buffer shall be thirty
(30) feet.
City of Concord
Concord Development Ordinance 4-9

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
2. Vegetated Setbacks. The width of the vegetative setback shall be ten
(10) feet of non -built upon area adjacent to and in addition to the
undisturbed buffer.
C. Lakes and Impoundments. Buffers are required around all lakes and
impoundments, whether man-made or naturally occurring, if directly
connected to the Waters of the State. Buffers shall be measured from the
normal high-water elevation landward in a direction perpendicular to the edge
of the water. Buffers for lakes and impoundments shall be calculated in the
same manner as required above for the stream exiting the lake or
impoundment.
1. For existing Class 1 streams, an undisturbed buffer shall be maintained
with a minimum of fifty (50) feet plus four (4) times the average
percent slope of the land between the highest normal elevation of the
water and two hundred fifty (250) feet landward. For lakes and
impoundments built on or over Class 1 streams, other than those
identified in Sec. 4-2, the maximum width of the undisturbed buffer
shall be one hundred twenty (120) feet from the normal high-water
elevation. A minimum 150-foot undisturbed, vegetative buffer from the
normal high-water level shall be maintained on water supply sources
identified in Section 4.2.
2. For existing Class 2 streams, other than those identified in Sec. 4-2, the
minimum width of the undisturbed buffer shall be thirty (30) feet from
the normal high-water elevation. The additional ten (10)-foot
vegetated non -built upon setback shall also apply.
4.3.3. ACTIVITIES AND STRUCTURES WITHIN THE UNDISTURBED BUFFER.
No land disturbing activity shall occur within the undisturbed buffer, except those provided
for in the following subsections. Property owners shall maintain undisturbed buffers in such a
way to maximize sheet flow of stormwater runoff to the maximum extent practicable to
reduce stormwater velocity and filter pollutants. All disturbed areas within the undisturbed
buffer, allowed in accordance with this section or not, shall be revegetated with perennial
vegetation as soon as practical after the disturbance.
A. Permitted Activities And Structures. The following activities and structures
shall only be allowed if no practicable alternative exists and provided that the
activity and/or structure does not pose a threat to the quality of surrounding
waterbodies. These activities shall direct runoff away from the surface water
and maximize the utilization of BMPs.
1. Construction of utilities and maintenance of utility easements, provided
that utility corridors are at least fifteen (15) feet landward from
waterbodies or their locations have been approved by the N.C. Dept. of
Environment and Natural Resources, Division of Water Quality;
2. Construction and maintenance of greenways;
City of Concord
Concord Development Ordinance 4-10

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
3. Agricultural soil disturbing activities such as plowing, grading, ditching,
excavating that conform to appropriate state and federal regulations;
4. Public roads, driveways and other activities allowed in accordance with
the Concord Technical Standards Manual Article 1 - Stormwater;
5. Activities permitted by the US Army Corps of Engineers and the NC
Department of Environment and Natural Resources; and
6. Storm debris removal or vegetation maintenance activities.
B. Prohibited Activities and Structures. The following activities and structures
shall not be located within the undisturbed buffer:
1. New on -site sewage systems utilizing ground adsorption;
2. New structures or built -upon area that includes gravel, concrete,
asphalt, and other impervious or semi -impervious surfaces;
3. Mechanized land clearing activities unless allowed in 4.3.3.A; and
4. Other prohibited activities in accordance with the Concord Technical
Standards Manual Article 1 - Stormwater.
C. Activities and Structures Within The Vegetative Setback. Property owners
shall maintain perennial vegetation within the vegetative setback. All disturbed
areas within the vegetative setback shall be revegetated with perennial
vegetation as soon as practical after the disturbance.
D. Easements. Undisturbed buffers may be recorded as easements with the
Cabarrus County Register of Deeds at the expense of the developer and
dedicated to:
1. A property owners association; or
2. The Cabarrus Soil and Water Conservation District; or
3. The City of Concord; or
4. A conservation organization.
City of Concord
Concord Development Ordinance 4-11

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
4.4. STORMWATER CONTROL
4.4.1. APPLICABILITY.
No person shall perform land -disturbing activities that cause or contribute to damage
resulting from the improper control of stormwater. All developments shall control stormwater
drainage and minimize the negative qualitative and quantitative impacts of stormwater runoff
from the development regardless of the development's proximity to waterbodies. All
property within Concord's planning jurisdiction is within one of three water -related overlay
districts. The water shed around the Coddle Creek Reservoir (Lake Howell) and Coddle Creek
is a WS II watershed and is discussed at Section 4.2. The watershed around Lake Concord is
WS IV watershed and can also be found at Section 4.2. All of Concord is located in the
watersheds controlled by the National Pollution Discharge Elimination System Phase II
Stormwater Permit issued by the State of North Carolina. The strictest standards apply.
Sections 4.3 through 4.7 contain the standards for the balance of Concord outside the Coddle
Creek and Lake Concord watersheds.
4.4.2. TYPES OF DEVELOPMENT.
Stormwater control requirements are based on the intensity of the development.
A. Low -Density Developments. Developments shall be classified as low -density if
at least one of the following is true:
No more than two dwelling units per acre are created, or
2. No more than 24% built -upon area is created.
B. High -Density Developments. Developments shall be classified as high -density
if at least one of the following is true:
1. More than two dwelling units per acre are created, or
2. Greater than 24% built -upon area is created.
4.4.3. STANDARDS.
A. Low -Density Developments. Phase II low density developments shall:
1. Use vegetative conveyances to the maximum extent practicable; and
2. Provide limited stormwater collection systems including piping- to get
under a road or driveway, and no inverted crown streets; and
3. Where curb 8t gutter streets are used, curb -cut outlets or catch basin
outlets to swale systems designed to convey stormwater must be
provided; and
City of Concord
Concord Development Ordinance 4-12

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
4. Impose deed restrictions and protective covenants to ensure that
subsequent development activities maintain the stormwater controls
consistent with the approved site plan or construction plan; and
5. No area(s) of the project shall have such high density that runoff
threatens water quality (i.e. pocket of high density) without utilizing
stormwater control measures equivalent to those described for High -
Density Developments in Section 4.4.3.13 below at pages 4-16 and 4-17,
and locates the higher density in upland areas and away from surface
waters and drainage ways to the maximum extent practicable. ("High
density pocket" is defined as, "If the density for any drainage basin or
sub -basin exceeds 34-percent built upon area, structural BMPs
sufficient to achieve 85-percent average annual TSS removal shall be
required for that basin or sub -basin, even if the total project density is
24-percent built upon area or less."); and
6. Discharge stormwater at a rate equal to or less than the pre -
development discharge rate for both the one-year 24-hour storm and
the ten-year 24-hour storm.
B. High -Density Developments. Phase II high -density developments shall:
Utilize stormwater control measures that control and treat the runoff
from the first one inch of rain; and;
2. Discharge stormwater at a rate equal to or less than the pre -
development discharge rate for BOTH the 1-year 24-hour storm AND
the 10-year 24-hour storm; and
3. The runoff volume drawdown time shall be a minimum of 24 hours, but
not more than 120 hours; and
4. Design all structural stormwater treatment systems to achieve 85%
average annual removal of total suspended solids; and
5. Utilize stormwater management measures shall comply with the
requirements listed in the N.C. Administrative Code 15A NCAC 2H
.1008(c), entitled General Engineering Design Criteria for all Projects,
the NCDENR Stormwater BMP Manual, and the Manual; and
6. Impose deed restrictions and protective covenants to ensure that
subsequent development activities maintain the stormwater controls
consistent with the approved site plan or construction plan.
7. Locate all built -upon areas at least thirty feet landward of Class 1 and 2
streams; and
8. For best management practices that require a separation from the
seasonal high water table, provide separation by at least twelve (12)
inches of naturally occurring soil above the seasonal high water table.
City of Concord
Concord Development Ordinance 4-13

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
4.4.4. STORMWATER MANAGEMENT PLANS.
For all land disturbances one acre or greater or developments that create 20,000 square feet
or more of built upon area, including smaller projects that are a part of a larger common plan
of development, subdivision or sale, stormwater management plans shall be prepared for, and
shall be approved by, the Director of Water Resources upon the recommendation of the
Development Review Committee pursuant to the application for a stormwater permit.
Stormwater management plans shall:
A. Meet or exceed the criteria contained in N.C. Admin. Code 15A NCAC 2H
.0126.;
B. Demonstrate that proposed stormwater facilities control the impacts of the
development to the maximum extent practicable and that those facilities are
designed to meet the criteria described in the NCDENR Stormwater BMP Manual
and the Manual;
C. Be signed and sealed by a qualified professional engineer or registered
landscape architect in the State of North Carolina;
D. Include drawings, maps, supporting calculations, specifications, and summaries
as outlined in the Manual;
E. Identify the stormwater impacts of the proposed development. Stormwater
impacts may include:
1. Effects on existing upstream and/or downstream drainage systems and
property,
2. The ability of the natural drainage way to accommodate additional
stormwater runoff,
3. Water quality impacts to receiving waterbodies, and
4. Site -specific criteria;
F. Demonstrate that stormwater runoff is adequately conveyed through the
development in a drainage system. The drainage system shall meet all the
standards of section 4.4.3. B. 1. through 8. (See above at page 4-13).
G. Control pollutants to levels required by the NCDENR Stormwater BMP Manual
and the Manual.
H. Design Standards. Stormwater conveyance and control system extensions
and/or modifications shall be designed in accordance with all applicable
federal; state, including but not limited to 15A NCAC 2H .1008 and the NCDENR
Stormwater BMP Manual; local regulations; and the City's Technical Standards
Manual.
City of Concord
Concord Development Ordinance 4-14

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
I. Required Design Calculations. The engineer shall provide all necessary
evaluations, justifications, and calculations to the City's Stormwater
Department deemed necessary to meet the requirements of all federal, state,
and local requirements and to ensure that the design conforms to good
engineering practice.
4.4.5. STORMWATER INSTALLATION/GRADING PERMITS.
A stormwater/grading permit shall be received prior to all land disturbances that require
stormwater management plans. The application process and requirements for issuance of this
permit are provided in Article 6.1 and the Manual.
4.4.6. MAINTENANCE OF STORMWATER CONTROL MEASURES AND DEVICES.
A. General. The landowner or person in possession or control of the land shall maintain all
stormwater control measures and devices and all open space areas required by the
approved stormwater management plan and/or permit unless those measures, devices,
and open space areas are accepted for maintenance by a governmental agency.
B. Agreements Governing Ongoing Maintenance. For all off -site stormwater control
facilities and for all other stormwater control facilities, that are not accepted for
maintenance by a governmental agency, the following document(s) are required: (1) A
maintenance agreement between the City and the owner describing the rights and
responsibilities of each party in maintaining the stormwater control structures; (2) For
all off -site stormwater control facilities and all on -site stormwater facilities that serve
more than one (1) lot, a contract and maintenance agreement or covenants are
required. If a homeowners association is created, then the agreement and covenants
shall also apply to the association and its members; and (3) Access easement giving City
right to inspect and maintain the BMP (stormwater control facility).
1. Stormwater replacement protection easement and access maintenance
agreement or covenants. For all stormwater control facilities, which are to be or
are owned and maintained by a developer, owner, property owner's association or
similar entity, an access easement and maintenance agreement (or covenants) with
the City are required. All maintenance agreements (or covenants) shall contain
without limitation the following provisions:
A. A description of the property on which the stormwater control facility is
located and all easements from the site to the facility;
B. Size and configuration of the stormwater control facility;
C. A statement that properties which will be served by the stormwater control
facility are granted rights to construct, use, inspect, replace, reconstruct,
repair, maintain, access to the device and to transport, store, and discharge
stormwater to and from the device;
D. If applicable, a statement that each lot (if now or in the future to be in
separate ownership) served by the stormwater control facility is jointly or
severally responsible for repairs and maintenance of the device A right of
City of Concord
Concord Development Ordinance 4-15

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
contribution in favor of each owner shall be included in the maintenance
agreement. A statement that failure to maintain stormwater control
facilities is a violation of the City Code potentially subjecting each lot owner
subject to this legal document to significant daily civil penalties and other
enforcement actions.
E. If an association is delegated these responsibilities, then membership into
the association shall be mandatory for each parcel served by the device and
any successive owner, the association shall have the power to levy
assessments for these obligations, and that all unpaid assessments levied by
the association shall become a lien on the individual parcel. Common
expenses include maintenance of stormwater control measures, premiums
for liability insurance in an amount of not less than one million dollars
($1,000,000.00) of coverage.
F. An operation and maintenance plan or manual shall be provided by the initial
developer. The plan or manual shall indicate what operation and
maintenance actions are needed, and what specific quantitative criteria will
be used to determine when those actions are to be undertaken. The plan or
manual must indicate the steps that will be taken to restore a stormwater
system to design specifications if a failure occurs.
G. A statement that stormwater control measures shall be maintained in
accordance with the attached stormwater operations and maintenance
manual and at all times the stormwater control measures shall comply with
all applicable laws, ordinances, regulations, rules and directives of
governmental authorities, and that the stormwater control measures shall
perform as designed.
H. That stormwater control facilities shall be maintained by the owner,
developer, homeowners' association, property owners' association, or
designated commercial lot owner(s) in accordance with the stormwater
operations and maintenance manual approved by the Stormwater
Administrator, which manual shall be attached to the maintenance covenant
as an exhibit, and at all times the stormwater control measures shall comply
with all applicable laws, ordinances, regulations, rules and directives of
governmental authorities, and that the stormwater control
facilities shall perform as designed.
I. A warning statement stating that the stormwater control measures are
required to comply with Concord City Code of Ordinances and Technical
Standards Manual and that failure to maintain stormwater control measures
is a violation of the City Code potentially subjecting each lot owner subject
to this legal document to significant daily civil penalties and other
enforcement actions.
J. Acknowledgment that the owner, developer, property owner's association or
similar entity shall continuously operate and maintain the stormwater
control facilities.
City of Concord
Concord Development Ordinance 4-16

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
K. Granting to the City a permanent irrevocable easement to enter, inspect,
monitor, maintain, repair, and reconstruct stormwater control facilities.
L. A statement that says in the event that the owner, developer, property
owner's association or similar entity fails to continuously operate and
maintain the stormwater control facilities that the City may perform such
work as owner, developer, property association or similar entity and its
members are responsible for any and all costs the City expends to maintain
or repair the stormwater control facility or to correct any operational
deficiencies.
M. A statement that this agreement shall not obligate the City to maintain or
repair any stormwater control measure or device, and that the City shall not
be liable to any person for the condition or operation of stormwater control
facilities.
N. A statement that this agreement shall not in any way diminish, limit, or
restrict the right of the City to enforce any of its ordinances as authorized by
law.
C. Prior to recording the easement and maintenance agreement or covenant, the City
Council shall accept the agreement and easement at a regular or special meeting.
D. The maintenance agreement or covenants and easements shall be recorded with the
Cabarrus County register of deeds after acceptance by the City Council but prior to the
recording of any new lot served by the stormwater control facility or prior to the
issuance of any development permit for any existing lot. The maintenance easement
agreement or covenant shall be binding on all subsequent owners of land served by the
stormwater control facilities. The agreement/covenants/easement(s) may be recorded
by the City Attorney. Additionally, no Certificate of Compliance shall be issued for
the property until a recorded copy of the easement and /or maintenance covenant has
been received.
4.4.7. ANNUAL INSPECTIONS AND INSPECTION REPORT.
A. The person responsible for maintenance of the stormwater control measures or
devices shall submit to the Stormwater Department of the City an inspection
report from a qualified registered North Carolina professional engineer. For
non-structural BMPs inspection reports may be performed by a qualified
registered Landscape Architect.
B. The inspections report shall contain all of the following:
1. The name, address of the landowner;
2. The recorded book and page number of the lot of each required stormwater
control facility and required open space areas;
3. A statement that an inspection was made of all required stormwater control
facilities, including open space areas;
City of Concord
Concord Development Ordinance 4-17

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
4. The date the inspection was made;
5. A statement that all inspected stormwater control facilities and open space
areas are performing properly and are in compliance with the approved
stormwater management plan, the applicable maintenance manual required
by Section 4.4.6, the Technical Standards Manual, and the Concord
Development Ordinance. No sampling of pollutant loading is required as part
of the inspection;
6. The original signature and seal of the engineer, surveyor, or landscape
architect.
C. All inspections reports shall be on forms supplied by the City. An original
inspection report shall be given to the Stormwater Department of the City
beginning from the date the as -built was first certified in accordance with Chapter
60 Article V and each year thereafter on the anniversary date of said certification.
City of Concord
Concord Development Ordinance 4-18

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
4.5. SEDIMENTATION AND EROSION CONTROL
4.5.1. APPLICABILITY.
No person shall perform land -disturbing activities that cause or contribute to the violation of
a water quality standard or property damage resulting from the improper control of
sedimentation and erosion. All developments shall control sedimentation and erosion and
minimize the negative impacts of sedimentation and erosion on water quality and property.
SEDIMENTATION AND EROSION CONTROL PERMITS ARE ISSUED ONLY BY CABARRUS THE STATE
OF NORTH CAROLINA. The following areas are not subject to the remainder of the
requirements of this section:
A. Land disturbance of less than one acre of land, provided that all of the
following is true:
1. Less than ten thousand square feet (10,000 ftz) of land will be disturbed
within a Class II or Class III water supply watershed and all other
applicable water supply watershed protection requirements are met,
and
2. Less than twenty thousand square feet (20,000 ftz) of land will be
disturbed within a Class IV water supply watershed and all other
applicable water supply watershed protection requirements are met,
and
3. No land disturbance will occur within an undisturbed stream buffer or
vegetative setback as required in Sec. 4.3.2, and
4. No land disturbance will occur within an undisturbed lake or
impoundment buffer or setback.
B. Land disturbance for farm purposes on a bona fide farm;
C. Land disturbance for harvesting timber in forestland;
D. Land disturbance requiring a permit in accordance with the Mining Act of 1971,
Article 7 of Chapter 74 of the General Statutes;
E. Land disturbance over which the State has exclusive regulatory jurisdiction as
provided in G.S. 113A-56(a); and
F. Land disturbance essential to protect human life for the duration of an
emergency.
4.5.2. SEDIMENTATION AND EROSION CONTROL PLANS.
For all land disturbances subject to this section, sedimentation and erosion control plans shall
be prepared for, and shall be approved by the State of North Carolina pursuant to the
authority delegated to Cabarrus County by the N.C. Department of Environment and Natural
Resources.
City of Concord
Concord Development Ordinance 4-19

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
A. Sedimentation and erosion control plans shall include drawings, maps,
supporting calculations, specifications, and summaries as outlined in the
Manual.
B. Sedimentation and erosion control plans shall:
1. Identify areas that are subject to severe erosion,
2. Identify off -site areas that are vulnerable to damage from
sedimentation and/or erosion,
3. Demonstrate techniques that will be used to minimize the time of
exposure of bare soil,
4. Demonstrate techniques that will be used to minimize the area of
exposed bare soil at any one particular instant in time,
5. Demonstrate techniques that will be used to control stormwater runoff
originating upgrade of areas of exposed bare soil,
6. Demonstrate techniques that will prevent off -site sedimentation
damage,
7. Demonstrate measures that will be taken to prevent the accelerated
erosion of the waterbody receiving stormwater runoff and to minimize
increased sedimentation of the waterbody, and
8. Identify devices and practices proposed to keep wash -down water from
storm drains and waterways.
4.5.3. SEDIMENTATION AND EROSION CONTROL PERMITS.
A sedimentation and erosion control permit shall be received prior to all land disturbances
subject to this section. The application process and requirements for issuance of this permit
are administered by the State of North Carolina. This ordinance shall not be deemed to
interfere with or annul or otherwise affect in any manner whatsoever any ordinance, rules,
regulations, permits, or easements, covenants, or other agreements between parties,
provided however that, where this ordinance imposes greater restrictions and controls with
respect to sedimentation and erosion control, the provisions of this ordinance shall prevail.
City of Concord
Concord Development Ordinance 4-20

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
EXAMPLES OF SEDIMENT AND EROSION CONTROL METHODS
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City of Concord
Concord Development Ordinance 4-21

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
4.6. VEGETATION AND UTILITY PROTECTION
4.6.1. APPLICABILITY.
No person shall perform land -disturbing activities that remove natural vegetation without
performing the appropriate mitigation needed to protect water quality and the aesthetics of
the area. No person shall perform land -disturbing activities that negatively impact utilities.
The following activities are not subject to the remainder of the requirements of this section:
A. Land disturbances of less than one acre of land, provided that all of the
following is true:
1. No land disturbance will occur within a utility corridor, and
2. No land disturbance will occur within a Watershed Protection Overlay
District, and
3. No land disturbance will occur within an undisturbed perennial stream
buffer or vegetative setback, and
4. No land disturbance will occur within an undisturbed intermittent
stream buffer or vegetative setback, and
5. No land disturbance will occur within an undisturbed lake or
impoundment buffer or setback.
6. Existing tree canopy and significant trees have been assessed to meet
tree preservation requirements of Article 11 or related modification has
been obtained, where applicable.
B. Land disturbance for farm purposes on a bona fide farm; or
C. Land disturbance for harvesting timber in forestland.
4.6.2. Stormwater Installation/Grading Permits.
A. For all land disturbances subject to this section, grading/stormwater plans shall
be prepared for, and shall be approved by the Administrator pursuant to the
application for a grading/stormwater permit. Grading/stormwater permits shall
be issued before developing or disturbing land. The application process for
grading/stormwater plans and permits are found in Section 6.1.7.
Grading/stormwater plans shall:
1. Include drawings, maps, supporting calculations, specifications, and
summaries as outlined in the Manual';
' EDITOR'S FOOTNOTE Requirements now at Appendix B7. Add Stormwater requirements to Grading
permits.
City of Concord
Concord Development Ordinance 4-22

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
2. Demonstrate techniques that will be used to protect existing trees and
vegetation from land -disturbing activities. Removal of existing trees and
vegetation shall only be allowed if no practicable alternative exists and
their removal does violate any other provisions of this ordinance; and
3. Demonstrate techniques that will be used to protect existing utilities
from land -disturbing activities.
B. Vegetation Protection and Retention. Grading/stormwater plans shall be
designed to preserve existing trees and vegetation to the greatest extent
possible and shall seek to incorporate existing significant stands of trees as well
as individual trees; these plans shall also account for meeting tree preservation
requirements in accordance with Article 11, where applicable. Certain
excavation techniques used by utility companies and others can cause removal
of vital roots, change drainage patterns and create conditions that could kill
trees and plant materials or make them more susceptible to disease and
deterioration. The intent of these regulations is to recognize the need to alter
the landscape during site development activities while setting out standards
necessary to ensure tree preservation to the greatest extent possible.
C. General Requirements. Existing trees and vegetation that are to be preserved
shall be protected from all construction activities including installation and/or
replacement of utilities, earthwork operations, movement and storage of
equipment and materials and dumping of toxic materials. Tree and vegetation
protection techniques shall be shown in the Grading/stormwater Plans and
shall be in conformance with standard practices set forth in the NCDENR
Stormwater BMP Manual, the City of Concord Technical Standards Manual, and
Section 11.9 of this ordinance for tree preservation.
D. Repair of Damaged Buffers. Any buffers lost due to any unapproved activity,
including construction, shall be replaced with similar size and number of
plants and revegetated using native plant species in accordance to the criteria
established for riparian buffer restoration by the N.C. Department of
Environment and Natural resources Ecosystem Enhancement Program and as
required and approved by the Administrator. Violations of Section 11.9 related
to removal, damage, or death of trees in established tree save areas are
subject to tree replacement requirements of Section 11.9.6.
City of Concord
Concord Development Ordinance 4-23

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
4.7 FLOODPLAIN LIFE AND PROPERTY PROTECTION
4.7.1 FINDINGS OF FACT
A. The flood prone areas within the City of Concord 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.
B. 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.
4.7.2 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:
A. 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;
B. require that uses vulnerable to floods, including facilities that serve such uses, be
protected against flood damage at the time of initial construction;
C. control the alteration of natural floodplains, stream channels, and natural
protective barriers, which are involved in the accommodation of floodwaters;
D. control filling, grading, dredging, and all other development that may increase
erosion or flood damage; and
E. prevent or regulate the construction of flood barriers that will unnaturally divert
flood waters or which may increase flood hazards to other lands.
4.7.3 OBJECTIVES
The objectives of this ordinance are to:
A. protect human life, safety, and health;
B. minimize expenditure of public money for costly flood control 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. minimize damage to private and public property due to flooding;
G. Make flood insurance available to the community through the National Flood
Insurance Program;
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Concord Development Ordinance 4-24

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
H. Maintain the natural and beneficial functions of floodplains;
I, help maintain a stable tax base by providing for the sound use and development of
flood prone areas; and
J. ensure that potential buyers are aware that property is in a Special Flood Hazard
Area.
4.7.4 DEFINITIONS (SEE ARTICLE 14)
4.7.5 GENERAL PROVISIONS
A. LANDS TO WHICH THIS ORDINANCE APPLIES.
This ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction,
including Extra -Territorial Jurisdictions (ETJs) if applicable, of the City of
Concord.
B. ACTIVITIES AND STRUCTURES WITHIN SPECIAL FLOOD HAZARD AREAS
All development within the Special Flood Hazard Areas shall meet the Water
Supply Source Watershed Protection (Section 4.2), Waterbody Buffers (Section
4.3), Stormwater Control (Section 4.4), Sedimentation and Erosion Control
(Section 4.5) and Vegetation and Utility Protection (Section 4.6) requirements.
1. General. New construction and substantial improvements shall be:
a. Constructed with materials and utility equipment resistant to flood damage;
and
b. Constructed by methods and practices that minimize flood damage.
2. Utilities
a. New and replacement water supply systems shall be designed to minimize
or eliminate infiltration of floodwaters into the system.
b. New and replacement sanitary sewer and disposal systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system and
discharge from the system into the floodwaters.
C. BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS.
The Special Flood Hazard Areas are those identified under the Cooperating
Technical State (CTS) agreement between the State of North Carolina and FEMA in
its FIS dated November 16, 2018 for Cabarrus 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 the City of Concord 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.
The initial Flood Insurance Rate Maps are as follows for the jurisdictional areas at
the initial date: Cabarrus County Unincorporated Area, dated Nov. 2, 1994.
D. ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT (ZCP)
A Floodplain Development Permit (ZCP) 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 Section 4.7.5(C) of this ordinance.
E. 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.
City of Concord
Concord Development Ordinance 4-25

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
F. 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.
G. INTERPRETATION
In the interpretation and application of this ordinance, all provisions shall be:
1. considered as minimum requirements;
2. liberally construed in favor of the governing body; and
3.deemed neither to limit nor repeal any other powers granted under State
statutes.
H. 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
the City of Concord 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.
I. PENALITIES 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 use permits,
shall constitute a Class 1 misdemeanor pursuant to NC G.S. 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 the City of Concord from taking such other
lawful action as is necessary to prevent or remedy any violation.
4.7.6 ADMINISTRATION
A. DESIGNATION OF FLOODPLAIN ADMINISTRATOR
In accordance with Section 2.1.2, the Planning and Neighborhood Development
Director or his/her designee, hereinafter referred to as the "Floodplain
Administrator", is hereby appointed to administer and implement the provisions of
this ordinance.
B. FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT AND CERTIFICATION
REQUIREMENTS
1. Application Requirements
Application for a Floodplain Development Permit (ZCP) 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 (ZCP):
City of Concord
Concord Development Ordinance 4-26

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
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:
• 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;
• the boundary of the Special Flood Hazard Area as delineated on the FIRM
or other flood map as determined in Section 4.7.5(C), or a statement
that the entire lot is within the Special Flood Hazard Area;
• flood zone(s) designation of the proposed development area as
determined on the FIRM or other flood map as determined in Section
4.7.5(C);
• the boundary of the floodway(s) or non -encroachment area(s) as
determined in Section 4.7.5(C);
• the Base Flood Elevation (BFE) where provided as set forth in Sections
4.7.5(C); 4.7.6(C); or 4.7.7(C).
• the old and new location of any watercourse that will be altered or
relocated as a result of proposed development;
• the certification of the plot plan by a registered land surveyor or
professional engineer.
b. Proposed elevation, and method thereof, of all development within a
Special Flood Hazard Area including but not limited to:
• Elevation in relation to NAVD 1988 of the proposed reference level
(including basement) of all structures;
• Elevation in relation to NAVD 1988 to which any non-residential structure
in Zone AE, A or AO will be flood -proofed; and
• 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 81-65) with
supporting data and an operational plan that includes, but is not limited
to, installation, exercise, and maintenance of floodproofing measures.
d. A Foundation Plan, drawn to scale„ which shall include details of the
proposed foundation system to ensure all provisions of this ordinance are
met. These details include but are not limited to:
• 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);
• Openings to facilitate automatic equalization of hydrostatic flood forces
on walls in accordance with Section 4.7.7(13)(4)(c) when solid foundation
perimeter walls are used in Zones A, AO, AE, and Al -30;
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Concord Development Ordinance 4-27

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
e. Usage details of any enclosed areas below the lowest floor.
f. Plans and/or details for the protection of public utilities and facilities such
as sewer, gas, electrical, and water systems to be located and constructed
to minimize flood damage;
g. Certification that all other Local, State and Federal permits required prior
to Floodplain Development Permit (ZCP) issuance have been received.
h. Documentation for placement of Recreational Vehicles and/or Temporary
Structures, when applicable, to ensure that the provisions of Sections
4.7.7(B)(6) and 4.7.7(B)(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 (ZCP) 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 Section
4.7.5(C).
c. The regulatory flood protection elevation required for the reference level
and all attendant utilities.
d. The regulatory flood protection elevation required for the protection of all
public utilities.
e. All certification submittal requirements with timelines.
f. A statement that no fill material or other development shall encroach into
the floodway or non -encroachment area of any watercourse unless the
requirements of Section 4.7.7(E) have been met.
g. The flood openings requirements, if in Zones A, A0, AE or Al -30.
3. Certification Requirements
a. Elevation Certificates
An Elevation Certificate (FEMA Form 086-0-33) is required prior to the
actual start of any new construction. It shall be the duty of the permit
holder to submit to the Floodplain Administrator a certification of the
elevation of the reference level, in relation to mean sea level. The
Floodplain Administrator shall review the certificate data submitted.
Deficiencies detected by such review shall be corrected by the permit
holder prior to the beginning of construction. Failure to submit the
certification or failure to make required corrections shall be cause to
deny a Floodplain Development Permit (ZCP).
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
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Concord Development Ordinance 4-28

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
certification of the elevation of the reference level, in relation to
mean sea level. . 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.
A final as -built Elevation Certificate (FEMA Form 086-0-33) is required
after construction is completed and prior to Certificate of
Compliance/Occupancy issuance. It shall be the duty of the permit
holder to submit to the Floodplain Administrator a certification of final
as -built construction of the elevation of the reference level and all
attendant utilities. The Floodplain Administrator shall review the
certificate data submitted. Deficiencies detected by such review shall
be corrected by the permit holder immediately and prior to Certificate
of Compliance/Occupancy issuance. In some instances, another
certification may be required to certify corrected as -built construction.
Failure to submit the certification or failure to make required
corrections shall be cause to withhold the issuance of a Certificate of
Compliance/Occupancy.
b. Floodproofing Certificate
• 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.
• 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 elevation of the reference level and all
attendant utilities, in relation to NAVD 1988. Floodproofing certificate
shall be prepared by or under the direct supervision of a professional
engineer or architect and certified by same. The Floodplain
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Concord Development Ordinance 4-29

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
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 A, AO, AE, or Al -30 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 Section 4.7.7(B)(3)(b).
d. If a watercourse is to be altered or relocated, a description of the extent
of watercourse alteration or relocation; a professional engineer's certified
report on the effects of the proposed project on the flood -carrying
capacity of the watercourse and the effects to properties located both
upstream and downstream; and a map showing the location of the
proposed watercourse alteration or relocation shall all be submitted by the
permit applicant prior to issuance of a Floodplain Development Permit
(ZCP).
e. Certification Exemptions. The following structures, if located within Zone
A, AO, AE or Al -30, are exempt from the elevation /floodproofing
certification requirements specified in items (a) and (b) of this subsection:
• Recreational Vehicles meeting requirements of Section 4.7.7(B)(6)(a);
• Temporary Structures meeting requirements of Section 4.7.7(B)(7); and
• Accessory Structures less than 150 square feet meeting requirements of
Section 4.7.7(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:
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Concord Development Ordinance 4-30

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
• 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;
• 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;
• Determine and document whether the proposed work constitutes
substantial improvement or repair of substantial damage; and
• 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.
C. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
The Floodplain Administrator shall perform, but not be limited to, the following
duties:
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Concord Development Ordinance 4-31

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
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 Public
Safety, Division of Emergency Management, State Coordinator for the National
Flood Insurance Program prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal Emergency
Management Agency (FEMA).
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 4.7.7(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 Section 4.7.6(B)(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 4.7.6(B)(3).
8. Obtain actual elevation (in relation to mean sea level) of all public utilities in
accordance with the provisions of Section 4.7.6(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 Section 4.7.6(B)(3) and Section 4.7.7(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 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 Base Flood Elevation (BFE) data has not been provided in accordance
with Section 4.7.5(C), 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 4.7.7(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
4.7.5(C), 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
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
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Concord Development Ordinance 4-32

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
Map Amendment (LOMA) issued by FEMA in the Floodplain Development Permit
(ZCP) 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 (ZCP) 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.
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 or in an illegal or dangerous manner, 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 Permit (ZCP)s as required. The Floodplain
Administrator may revoke and require the return of the Floodplain
Development Permit (ZCP) 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 (ZCP) 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 4.7.6(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 Section
4.7.5(C) 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).
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Concord Development Ordinance 4-33

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
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
c. that following the hearing, the Floodplain Administrator may issue an order
to alter, vacate, or demolish the building; or to remove fill as applicable.
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, they 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 180 calendar days. Where the
Floodplain Administrator finds that there is imminent danger to life or other
property, they 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 local elected governing body 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.
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Concord Development Ordinance 4-34

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
E. VARIANCE PROCEDURES
1. The Board of Adjustment as established by the City of Concord, 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 14 of this ordinance, provided provisions of Sections
4.7.6(E)(9)(b), 4.7.6(E)(9)(c), and 4.7.6(E)(9)(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.
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;
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 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
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Concord Development Ordinance 4-35

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
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 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.
7. Any applicant to whom a variance is granted shall be given written notice
specifying the difference between the Base Flood Elevation (BFE) and the
elevation to which the structure is to be built and that such construction
below the Base Flood Elevation increases risks to life and property, and that
the issuance of a variance to construct 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.
8. 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.
9. 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 permit approval.
e. Variances shall only be issued upon:
• a showing of good and sufficient cause;
• a determination that failure to grant the variance would result in
exceptional hardship; and
• 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, 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
City of Concord
Concord Development Ordinance 4-36

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
e. The City of Concord 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.
4.7.7 PROVISIONS FOR FLOOD HAZARD REDUCTION
A. GENERAL STANDARDS
In all Special Flood Hazard Areas the following provisions are required:
1. All substantial improvements shall be designed (or modified) and adequately
anchored to prevent flotation, collapse, and lateral movement of the
structure.
2. All substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage.
3. All 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.
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 building 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, hazardous waste management
facilities, salvage yards, and chemical storage facilities shall not be permitted,
except by variance as specified in Section 4.7.6(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
City of Concord
Concord Development Ordinance 4-37

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
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 Section 4.7.6(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 necessary permits from those governmental agencies for which approval is
required by Federal or State law, including Section 404 of the Federal Water
Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
14. When a structure is partially located in a special flood hazard area, the entire
structure shall meet the requirements for 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 base flood elevation
shall apply.
16. All fill material within the floodplain shall be cut from an adjacent portion of
the floodplain on the same deeded parcel, provided that the soil meets the
needed structural requirements. If the soil on the same parcel does not meet
the structural requirements, fill material may be taken from another parcel.
The net result of cut and fill within the floodplain area shall constitute no net
loss to the flood storage capacity of the floodplain. A professional engineer
shall certify that the activity or development would not result in an increase in
the flood level during a base flood outside property boundaries. If change
occurs within property boundaries, applicant will be required to obtain a letter
of map amendment from FEMA prior to recording of final plat.
17. New construction is not allowed within the Special Flood Hazard Area.
B. SPECIFIC STANDARDS
In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data has been
provided, as set forth in Section 4.7.5 (C) or Section 4.7.7(C), the following
provisions, in addition to the provisions of Section 4.7.7(A), are required
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, (two feet above calculated water surface elevation
of the base flood) as defined in Article 14 of this ordinance. In addition, new
construction must be 100 percent outside of the Special Flood Hazard Area.
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, (two feet above calculated water surface elevation
of the base flood) as defined in Article 14 of this ordinance. Structures
City of Concord
Concord Development Ordinance 4-38

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
(substantial improvement only) located in Zones A, AE, AH, AO, A99 may be
floodproofed to the Regulatory Flood Protection Elevation in lieu of elevation
provided that all areas of the structure, together with attendant utility and
sanitary facilities, below the Regulatory Flood Protection Elevation are
watertight with walls substantially impermeable to the passage of water, using
structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effect of buoyancy. For AO Zones, the
floodproofing elevation shall be in accordance with Section 4.7.7(F)(2). 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 Section 4.7.6(B)(3), along with
the operational plan and the inspection and maintenance plan. In addition,
new construction must be 100 percent outside of the Special Flood Hazard
Area.
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, (two feet above calculated water surface
elevation of the base flood) as defined in Article 14 of this ordinance. In
addition, new construction must be 100 percent outside of the Special
Flood Hazard Area.
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 Regulations 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 Section 4.7.7(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 and
Regulatory Flood Protection Elevation, (two feet above calculated water
surface elevation of the base flood):
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 necessary to allow for parking of
vehicles (garage door) or limited storage of maintenance equipment
(standard exterior door), or entry to the living area (stairway or
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Concord Development Ordinance 4-39

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
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;
d. shall include, in Zones A, A0, AE, and Al -30, flood openings to
automatically equalize hydrostatic flood forces on walls by allowing for
the entry and exit of floodwaters. To meet this requirement, the
openings must either be certified by a professional engineer or architect
or meet or exceed the following minimum design criteria:
• A minimum of two flood openings on different sides of each enclosed
area subject to flooding;
• 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;
• If a building has more than one enclosed area, each enclosed area
must have flood openings to allow floodwaters to automatically enter
and exit;
• The bottom of all required flood openings shall be no higher than
one (1) foot above the adjacent grade;
• 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
• 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.
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:
• 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.
• a substantial improvement, both the existing structure and the
addition and/or improvements must comply with the standards of
Section 4.7.7(8)(1-4) as applicable.
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ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
b. Additions to post -FIRM structures with no modifications to the existing
structure other than a standard door in the common wall shall require only
the addition to comply with the standards of Section 4.7.7(B)(1-4) as
applicable.
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:
• not a substantial improvement, the addition and/or improvements
only must comply with the standards of Section 4.7.7(B)(1-4) as
applicable.
• a substantial improvement, both the existing structure and the
addition and/or improvements must comply with the standards of
Section 4.7.7(B)(1-4) as applicable.
d. Any combination of repair, reconstruction, rehabilitation, addition or
improvement of a building or structure taking place during a 1 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 Section 4.7.7(B)(1-4) as applicable. For each
building or structure, the 1 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:
• 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.
• 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
• Be onsite for fewer than 180 consecutive days; or
• 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
limitation of Temporary Placement shall meet all the requirements of
Section 4.7.7(B)(1-4) as applicable.
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Concord Development Ordinance 4-41

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
7. Temporary Non -Residential Structures.
Prior to the issuance of a Floodplain Development Permit (ZCP) 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:
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 Section 4.7.7(A)(1);
f. All service facilities such as electrical shall be installed in accordance with
the provisions of Section 4.7.7(A)(4) and
g. Flood openings to facilitate automatic equalization of hydrostatic flood
forces shall be provided below regulatory flood protection elevation in
conformance with the provisions of Section 4.7.7(B)(4)(c).
**An accessory structure with a footprint less than 150 square feet that satisfies
the criteria outlined above does not require an elevation or floodproofing
certificate. Elevation or floodproofing certifications are required for all other
accessory structures in accordance with Section 4.7.6(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;
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Concord Development Ordinance 4-42

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
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 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 4.7.7(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.
10. Other Development. When gas and liquid storage tanks are to be placed
within a Special Flood Hazard Area, the following criteria shall be met:
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 Section 4.7.7(E) 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 Section 4.7.7(E) 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 Section 4.7.7(E) of this ordinance.
C. STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS
Within the Special Flood Hazard Areas designated as Approximate Zone A and
established in Section 4.7.5(C) where no Base Flood Elevation (BFE) data has been
provided by FEMA, the following provisions, in addition to the provisions of Section
4.7.7(A) shall apply:
1. No encroachments, including fill, new construction, substantial improvements
or new development shall be permitted within a distance of forty (40) 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 protection elevation shall be
determined based on the following criteria:
a. When Base Flood Elevation (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
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Concord Development Ordinance 4-43

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
elevated or floodproofed in accordance with standards in Sections 4.7.7(A)
and 4.7.7(B).
b. When floodway data is available from a Federal, State, or other source, all
new construction and substantial improvements within floodway areas shall
also comply with the requirements of Sections 4.7.7(B) and 4.7.7(E).
c. All subdivision, manufactured home park and other development proposals
shall provide Base Flood Elevation (BFE) data if development is greater
than five (5) acres or has more than fifty (50) lots/manufactured home
sites. Such Base Flood Elevation (BFE) data shall be adopted by reference
in accordance with Section 4.7.5(C) and utilized in implementing this
ordinance.
d. When Base Flood Elevation (BFE) data is not available from a Federal,
State, or other source as outlined above, the reference level shall be
elevated or floodproofed (nonresidential) to or above the Regulatory Flood
Protection Elevation, as defined in Article 14. All other applicable
provisions of Section 4.4.7(B) shall also apply.
D. STANDARDS FOR RIVERINE FLOODPLAINS WITH BFE 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 Section 4.7.7(A) and Section 4.7.7(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 provided 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.
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Concord Development Ordinance 4-44

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
E. FLOODWAYS AND NON -ENCROACHMENT AREAS
Areas designated as floodways or non -encroachment areas are located within the Special
Flood Hazard Areas established in Section 4.7.5(C). 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 Sections 4.7.7(A) and 4.7.7(B), shall apply to all development within
such areas:
1. No encroachments, including fill, 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 levels during the occurrence of the base flood, 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 (ZCP), or
b. a Conditional Letter of Map Revision (CLOMR) has been approved by FEMA.
A Letter of Map Revision (LOMR) must also be obtained upon completion of
the proposed encroachment.
2. If Section 4.7.7(E)(1) is satisfied, all development shall comply with all
applicable flood hazard reduction provisions of this ordinance.
3. No manufactured homes shall be permitted, except replacement manufactured
homes in an existing manufactured home park or subdivision, provided the
following provisions are met:
a. the anchoring and the elevation standards of Section 4.7.7(13)(3); and
b. the no encroachment standard of Section 4.7.7(E)(1).
F. STANDARDS FOR AREAS OF SHALLOW FLOODING (ZONE AO)
Located within the Special Flood Hazard Areas established in Section 4.7.5(C) are
areas designated as shallow flooding areas. These areas have special flood
hazards associated with base flood depths of one (1) to three (3) feet where a
clearly defined channel does not exist and where the path of flooding is
unpredictable and indeterminate. In addition to Sections 4.7.7(A) and 4.7.7(B), all
new construction and substantial improvements shall meet the following
requirements:
1. The reference level shall be elevated at least as high as the depth number
specified on the Flood Insurance Rate Map (FIRM), in feet, plus a freeboard
of two(2) feet, above the highest adjacent grade; or at least four (4) feet
above the highest adjacent grade if no depth number is specified.
2. Non-residential structures may, in lieu of elevation, be floodproofed to the
same level as required in Section 4.7.7(F)(1) so that the structure, together
with attendant utility and sanitary facilities, below that level shall be
watertight with walls substantially impermeable to the passage of water and
with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. Certification is required in
accordance with Section 4.7.6(BB(3) and Section 4.7.7(B)(2).
3. Adequate drainage paths shall be provided around structures on slopes, to
guide floodwaters around and away from proposed structures.
4. New construction must meet the requirements of Section 4.7.7(B)
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Concord Development Ordinance 4-45

ARTICLE 4: ENVIRONMENTAL/LAND DISTURBING ACTIVITIES
G. STANDARDS FOR AREAS OF SHALLOW FLOODING (ZONE AH)
Located within the Special Flood Hazard Areas established in Section 4.7.5(C), are
areas designated as shallow flooding areas. These areas are subject to inundation
by 1-percent-annual-chance shallow flooding (usually areas of ponding) where
average depths are one (1) to three (3) feet. Base Flood Elevations are derived
from detailed hydraulic analyses are shown in this zone. In addition to Section
4.7.7(A) and 4.7.7(B), all new construction and substantial improvements shall
meet the following requirements:
Adequate drainage paths shall be provided around structures on slopes, to
guide floodwaters around and away from proposed structures.
2. New construction must meet the requirements of Section 4.7.7(B)
4.7.8 LEGAL STATUS PROVISIONS.
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 November 13, 1994 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 liabilities
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 the City of
Concord enacted on November 13, 1994 as amended, which are not reenacted
herein are repealed.
B. EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PERMIT (ZCP)S.
Nothing herein contained shall require any change in the plans, construction, size,
or designated use of any development or any part thereof for which a Floodplain
Development Permit (ZCP) 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.
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.
D. EFFECTIVE DATE
This ordinance shall become effective November 16, 2018.
City of Concord
Concord Development Ordinance 4-46