WSMU_RTHT_WSWP Ordinance_20210112

ARTICLE 18
FLOOD DAMAGE PREVENTION
Rutherfordton, NC Community ID Number 370219
Required for Eligibility in the National Flood Insurance Program
Non -Coastal Regular Phase
18.1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE ANDO�
OBJECTIVES.
SECTION A. STATUTORY AUTHORIZATION.
The Legislature of the State of North Carolina has in Part 6, Article 21 LQSiaapter 143; Articles 7
(Zoning Regulation), I 1 (Building Code Enforcement), and 13 (Add' ' Authority) of Chapter
160D; and Article 8 of Chapter 160A of the North Carolina Gen ra atutes, delegated to local
governmental units the responsibility to adopt regulations desi e to promote the public health,
safety, and general welfare.
Therefore, the Town Council of the Town of Rutherfo�n, North Carolina, does ordain as
follows:
SECTION B. FINDINGS OF FACT.
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(1) The flood prone areas within the ' 'ction of Rutherfordton are subject to periodic
inundation which results in los 1 e, property, health and safety hazards, disruption of
commerce and governmental ry ces, extraordinary public expenditures of flood
protection and relief, andAiirp ent of the tax base, all of which adversely affect the
public health, safety, abpeneral welfare.
(2) These flood losses § Raused by the cumulative effect of obstructions in floodplains
causing increa n flood heights and velocities and by the occupancy in flood prone areas
of uses vul e to floods or other hazards.
SECTION STATEMENT OF PURPOSE.
It is t Oose of this Ordinance to promote public health, safety, and general welfare and to
nvftie public and private losses due to flood conditions within flood prone areas by
pr sions designed to:
(1) Restrict or prohibit uses that are dangerous to health, safety, and property due to water or
erosion hazards or that result in damaging increases in erosion, flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities that serve such uses, be protected
Rutherfordton Development Ordinance — Article 18 — Page 1

against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective
barriers, which are involved in the accommodation of floodwaters;
(4) Control filling, grading, dredging, and all other development that may increase erosion or
flood damage; and
(5) Prevent or regulate the construction of flood barriers that will unnaturally divert d O
waters or which may increase flood hazards to other lands. '
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SECTION D. OBJECTIVES. n ,�
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The objectives of this Ordinance are to:
(1) Protect human life, safety, and health; O
(2) Minimize expenditure of public money for costly flood c l projects;
(3) Minimize the need for rescue and relief efforts assoc* with flooding and generally
undertaken at the expense of the general public;
(4) Minimize prolonged business losses and ink ions;
(5) Minimize damage to public facilities tilities (i.e. water and gas mains, electric,
telephone, cable and sewer linesjqW, and bridges) that are located in flood prone areas;
(6) Minimize damage to privatead ITublic property due to flooding;
(7) Make flood insurance it le to the community through the National Flood Insurance
Program;
8 Maintain the n 1 and beneficial functions of floodplains;
(9) Help maintain a stable tax base by providing for the sound use and development of flood
prone areas; and
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(10) re that potential buyers are aware that property is in a Special Flood Hazard Area.
18.2. DEFINITIONS.
Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted
so as to give them the meaning they have in common usage and to give this Ordinance it's most
reasonable application.
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"Accessory Structure (Appurtenant Structure)" means a structure located on the same parcel of
property as the principal structure and the use of which is incidental to the use of the principal
structure. Garages, carports, and storage sheds are common urban accessory structures. Pole
barns, hay sheds and the like qualify as accessory structures on farms, and may or may not be
located on the same parcel as the farm dwelling or shop building.
"Addition to an existing building)" means an extension or increase in the floor area or height of
a building or structure. v,
"Alteration of a watercourse" means a dam, impoundment, channel relocation, chan a nel
alignment, channelization, or change in cross -sectional area of the channel or the chain
capacity, or any other form of modification which may alter, impede, retard or off" the
direction and/or velocity of the riverine flow of water during conditions of the'V flood.
"Appeal" means a request for a review of the Floodplain Administrator'rpretation of any
provision of this Ordinance.
"Area of Shallow Flooding" means a designated Zone AO on a clamunity's Flood Insurance
Rate Map (FIRM) with base flood depths determined to be fr ne (1) to three (3) feet. These
areas are located where a clearly defined channel does note., the path of flooding is
unpredictable and indeterminate, and where velocity fieiay be evident.
"Area of Special Flood Hazard" see "Special Flood Hazard Area (SFHA)".
"Area of Future -Conditions Flood Hazard' s the land area that would be inundated by the
1-percent-annual-chance (100-year) l000, ed on future -conditions hydrology.
"Base Flood" means the flood hav' a'one (1) percent chance of being equaled or exceeded in
any given year. Vos
"Base Flood Elevation ' means a determination of the water surface elevations of the base
flood as published in th od Insurance Study. When the BFE has not been provided in a
"Special Flood Haz ea", it may be obtained from engineering studies available from a
Federal, State, or source using FEMA approved engineering methodologies. This
elevation, whe r.bined with the "Freeboard", establishes the "Regulatory Flood Protection
Elevation".
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"Base " means any area of the building having its floor subgrade (below ground level) on all
s
"Building" see "Structure".
"Chemical Storage Facility" means a building, portion of a building, or exterior area adjacent to
a building used for the storage of any chemical or chemically reactive products.
"Design Flood" see "Regulatory Flood Protection Elevation."
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"Development" means any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations, or storage of equipment or materials.
"Development Activity" means any activity defined as Development which will necessitate a
Floodplain Development Permit. This includes buildings, structures, and non-structural items,
including (but not limited to) fill, bulkheads, piers, pools, docks, landings, ramps, and erosi�
control/stabilization measures. OV
"Digital Flood Insurance Rate Map (DFIRM)" means the digital official map of a comIllZity,
issued by the Federal Emergency Management Agency (FEMA), on which bothd%special
Flood Hazard Areas and the risk premium zones applicable to the community' 6elineated.
"Development Activity" means any activity defined as Development w wi11 necessitate a
Floodplain Development Permit.
"Digital Flood Insurance Rate Map (DFIRM) 'means the digit I icial map of a community,
issued by the Federal Emergency Management Agency, on i,h both the Special Flood Hazard
Areas and the risk premium zones applicable to the commn are delineated.
"Disposal" means, as defined in NCGS 130A-290(a 6)rthe discharge, deposit, injection,
dumping, spilling, leaking, or placing of any soli e into or on any land or water so that the
solid waste or any constituent part of the solid e may enter the environment or be emitted
into the air or discharged into any waters, icing groundwaters.
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"Elevated Building" means a non-ba e t building which has its lowest elevated floor raised
above ground level by foundation
� ill , shear walls, posts, piers, pilings, or columns.
"Encroachmenf' means the va�ce or infringement of uses, fill, excavation, buildings,
structures or developmeSt,' a special flood hazard area, which may impede or alter the flow
capacity of a floodplain
"Existingbuildin existin structure" means any building and/or structure for which the
"start of const_ n" commenced before October 10, 2008.
"ExistinaMMufactured Home Park or Manufactured Home Subdivision" means a manufactured
home 1W.k or subdivision for which the construction of facilities for servicing the lots on which
tleVV4factured homes are to be affixed (including, at a minimum, the installation of utilities,
t onstruction of streets, and either final site grading or the pouring of concrete pads) was
completed before the initial effective date of the floodplain management regulations adopted by
the community.
"Flood" or "Flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
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(a) The overflow of inland or tidal waters; and/or
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
"Flood Boundary and Floodway Map (FBFM)" means an official map of a community, issued by
the Federal Emergency Management Agency, on which the Special Flood Hazard Areas and the
floodways are delineated. This official map is a supplement to and shall be used in conjunction
with the Flood Insurance Rate Map (FIRM). O
"Flood Hazard Boundary Map (FHBM)' means an official map of a community, iss ehe
Federal Emergency Management Agency, where the boundaries of the Special Flood
Areas have been defined as Zone A. n , •)
"Flood Insurance" means the insurance coverage provided under the National Flood Insurance
Program. v
"Flood Insurance Rate Map (FIRM)" means an official map of a co1i City, issued by the
Federal Emergency Management Agency, on which both the S 1 Flood Hazard Areas and the
risk premium zones applicable to the community are delinea see also DFIRM)
"Flood Insurance Study (FIS)" means an examinatio , ration, and determination of flood
hazards, corresponding water surface elevations (if pr priate), flood hazard risk zones, and
other flood data in a community issued by the Fe mergency Management Agency. The
Flood Insurance Study report includes Flood In nce Rate Maps (FIRMS) and Flood Boundary
and Floodway Maps (FBFMs), if published^,
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"Flood Prone Area" see " Floodplain'Q
"Flood Zone" means a geograp� rea shown on a Flood Hazard Boundary Map or Flood
Insurance Rate Map that refl ts1fie severity or type of flooding in the area.
"Flood
plain" means any, .area susceptible to being inundated by water from any source.
"Floodplain Admi4iQ a or" is the individual appointed to administer and enforce the floodplain
management
"FloodDIARrevelopment Permit' means any type of permit that is required in conformance with
the prg ' ons of this Ordinance, prior to the commencement of any development activity.
"dplain Management" means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where possible,
natural resources in the floodplain, including, but not limited to, emergency preparedness plans,
flood control works, floodplain management regulations, and open space plans.
"Floodplain Management Regulations" means this Ordinance and other zoning Ordinances,
subdivision regulations, building codes, health regulations, special purpose Ordinances, and
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other applications of police power. This term describes Federal, State or local regulations, in any
combination thereof, which provide standards for preventing and reducing flood loss and
damage.
"Floodproofing" means any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitation facilities, structures, and their contents.
"Flood -resistant material" means any building product [material, component or system p e
of withstanding direct and prolonged contact (minimum 72 hours) with floodwaters t
sustaining damage that requires more than low-cost cosmetic repair. Any material that ' water-
soluble or is not resistant to alkali or acid in water, including normal adhesives ibpve-grade
use, is not flood -resistant. Pressure -treated lumber or naturally decay -resistanNers are
acceptable flooring materials. Sheet -type flooring coverings that restrict evaporation from below
and materials that are impervious, but dimensionally unstable are not ac ble. Materials that
absorb or retain water excessively after submergence are not flood-r t. Please refer to
Technical Bulletin 2, Flood Damage -Resistant Materials Requir m s, and available from the
FEMA. Class 4 and 5 materials, referenced therein, are acceptllllood-resistant materials.
" Floodwav" means the channel of a river or other watercoloF! including the area above a bridge
or culvert when applicable, and the adjacent land are must be reserved in order to
discharge the base flood without cumulatively incren the water surface elevation more than
one (1) foot.
"Floodwav encroachment anal" means an engineering analysis of the impact that a proposed
encroachment into a floodway or non-enT?�hment area is expected to have on the floodway
boundaries and flood levels during cLixrrence of the base flood discharge. The evaluation
shall be prepared by a qualified N arolina licensed engineer using standard engineering
methods and models.
"Freeboard" means the
ffadded to the BFE to account for the many unknown factors that
could contribute to floo fights greater than the height calculated for a selected size flood and
floodway conditions as wave action, blockage of bridge or culvert openings, and the
hydrological ee urbanization of the watershed. The BFE plus the freeboard establishes the
"Regulatory Flc�rotection Elevation".
IftMependent Facility" means a facility which cannot be used for its intended
iless it is located in close proximity to water, limited to a docking or port facility
for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The
not include long-term storage, manufacture, sales, or service facilities.
"Hazardous Waste Management Facility_" means, as defined in NCGS 130A, Article 9, a facility
for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous
waste.
"Highest Adjacent Grade (HAG)" means the highest natural elevation of the ground surface,
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prior to construction, immediately next to the proposed walls of the structure.
"Historic Structure" means any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained
by the US Department of Interior) or preliminarily determined by the Secretary of
Interior as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of Interior as contrib
the historical significance of a registered historic district or a district preli& y
determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on a local inventory of historic landmarks in communities with a
"Certified Local Government (CLG) Program"; or
(d) Certified as contributing to the historical significance 2onc district designated
by a community with a "Certified Local Government CL ) Program".
Certified Local Government (CLG) Programs are app by the US Department of the
Interior in cooperation with the North Carolina D ent of Cultural Resources through
the State Historic Preservation Officer as havin the requirements of the National
Historic Preservation Act of 1966 as amended980.
"Letter of Map Change (LOMC)" means an ofi5�al determination issued by FEMA that amends
or revises an effective Flood Insurance Reap or Flood Insurance Study. Letters of Map
Change include:
(a) Letter of Map Ame t (LOMA): An official amendment, by letter, to an
effective Nationa�F surance Program map. A LOMA is based on technical
data showing thfproperty had been inadvertently mapped as being in the
floodplain,e/actually on natural high ground above the base flood elevation. A
LOMA arQW the current effective Flood Insurance Rate Map and establishes that a
specific eXerty, portion of a property, or structure is not located in a special flood
haza4 ea_
(b) fanges
of Map Revision (LOMR): A revision based on technical data that may show
to flood zones, flood elevations, special flood hazard area boundaries and
��way delineations, and other planimetric features.
(c) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or
parcel of land has been elevated by fill above the BFE and is, therefore, no longer
located within the special flood hazard area. In order to qualify for this
determination, the fill must have been permitted and placed in accordance with the
community's floodplain management regulations.
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(d) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to
whether a proposed project complies with the minimum NFIP requirements for such
projects with respect to delineation of special flood hazard areas. A CLOMR does
not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon
submission and approval of certified as -built documentation, a Letter of Map
Revision may be issued by FEMA to revise the effective FIRM.
"Light DLiV Truck" means any motor vehicle rated at 8,500 pounds Gross Vehicular Wei hZ5
Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has c
vehicle frontal area of 45 square feet or less as defined in 40 CFR 86.082-2 and is: I�
(a) Designed primarily for purposes of transportation of property or is a vfttion of
such a vehicle, or ►/
(b) Designed primarily for transportation of persons and has a caacity of more than 12
persons; or
(c) Available with special features enabling off-street �'I_ highway operation and use.
"Lowest Adjacent Grade (LAG)" means the elevation tl®ground, sidewalk or patio slab
immediately next to the building, or deck support, aftipletion of the building.
"Lowest Floor" means the lowest floor of the to `'�Iclosed area (including basement). An
unfinished or flood resistant enclosure, usabl y for parking of vehicles, building access, or
limited storage in an area other than abase area is not considered a building's lowest floor,
provided that such an enclosure is not o as to render the structure in violation of the
applicable non -elevation design requi ents of this Ordinance.
"Manufactured Home" means N 06ure, transportable in one or more sections, which is built on
a permanent chassis and des d to be used with or without a permanent foundation when
connected to the requiri ies. The term "manufactured home" does not include a
"recreational vehicle"
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"Manufactured Park or Subdivision" means a parcel (or contiguous parcels) of land
divided into more manufactured home lots for rent or sale.
"Market Value" means the building value, not including the land value and that of any accessory
structor other improvements on the lot. Market value may be established by independent
cOOLM appraisal; replacement cost depreciated for age of building and quality of construction
(Actual Cash Value); or adjusted tax assessed values.
"New Construction" means structures for which the "start of construction" commenced on or
after the effective date of the initial floodplain management regulations and includes any
subsequent improvements to such structures.
"Non -Conversion Agreement" means a document stating that the owner will not convert or alter
Rutherfordton Development Ordinance — Article 18 — Page 8

what has been constructed and approved. Violation of the agreement is considered a violation of
the ordinance and, therefore, subject to the same enforcement procedures and penalties. The
agreement must be filed with the recorded deed for the property. The agreement must show the
clerk's or recorder's stamps and/or notations that the filing has been completed.
"Non -Encroachment Area" means the channel of a river or other watercourse, including the area
above a bridge or culvert when applicable, and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing the water surface elevati >�
more than one (1) foot as designated in the Flood Insurance Study report. I
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"Post -FIRM" means construction or other development for which the "start of construon"
occurred on or after he effective date of the initial Flood Insurance Rate Map.
Nf�4)
"Pre -FIRM" means construction or other development for which the "start f construction"
occurred before the effective date of the initial Flood Insurance Rate M
"Principally Above Ground" means that at least 5 1 % of the actu 1 cvalue of the structure is
above ground.
"Public Safety" and/or "Nuisance" means anything whichA*,,%* urious to the safety or health of
an entire community or neighborhood, or any consid number of persons, or unlawfully
obstructs the free passage or use, in the customary npannTir, of any navigable lake, or river, bay,
stream, canal, or basin.
"Recreational Vehicle (RV)" means a vehi� ich is:
(a) Built on a single chassis; Q
(b) 400 square feet or IN6jen measured at the largest horizontal projection;
(c) Designed to -propelled or permanently towable by a light duty truck;
(d) Designemarily not for use as a permanent dwelling, but as temporary living
quaor recreational, camping, travel, or seasonal use, and
(e)u ly licensed and ready for highway use.
"1fer�wihce Level" is the top of the lowest floor for structures within Special Flood Hazard Areas
designated as Zones A, AE, AH, AO, A99. The reference level is the bottom of the lowest
horizontal structural member of the lowest floor for structures within Special Flood Hazard
Areas designated as Zone VE.
"Regulatory Flood Protection Elevation" means the "Base Flood Elevation" plus the
"Freeboard". In "Special Flood Hazard Areas" where Base Flood Elevations (BFEs) have been
determined, this elevation shall be the BFE plus two (2) feet of freeboard. In "Special Flood
Hazard Areas" where no BFE has been established, this elevation shall be at least two (2) feet
Rutherfordton Development Ordinance — Article 18 — Page 9

above the highest adjacent grade.
"Remedy a Violation" means to bring the structure or other development into compliance with
State and community floodplain management regulations, or, if this is not possible, to reduce the
impacts of its noncompliance. Ways that impacts may be reduced include protecting the
structure or other affected development from flood damages, implementing the enforcement
provisions of the Ordinance or otherwise deterring future similar violations, or reducing Federal
financial exposure with regard to the structure or other development. %O
"Riverine" means relating to, formed by, or resembling a river (including tributaries)
brook, etc.%
"Salvage Yard" means any non-residential property used for the storage, collo ,and/or
recycling of any type of equipment, and including but not limited to vehicles, appliances and
related machinery.
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"Solid Waste Disposal Facility" means any facility involved in e1osal of solid waste, as
defined in NCGS 130A-290(a)(35).
"Solid Waste Disposal Site" means, as defined in NCGSe-290(a)(36), any place at which
solid wastes are disposed of by incineration, sanitary any other method.
"Special Flood Hazard Area (SFHA)" means the the floodplain subject to a one percent
(1%) or greater chance of being flooded in ani n year, as determined in Article 18.3, Section
B of this Ordinance.
"Start of Construction" includes sub SIt
i'�1 improvement, and means the date the building
permit was issued, provided the ac art of construction, repair, reconstruction, rehabilitation,
addition placement, or other i IV ent was within 180 days of the permit date. The actual
start means either the first pi IV
of permanent construction of a structure on a site, such as
the pouring of slab or fo t' , the installation of piles, the construction of columns, or any work
beyond the stage of exc ion; or the placement of a manufactured home on a foundation.
Permanent construc ' oes not include land preparation, such as clearing, grading, and filling;
nor does it includ installation of streets and/or walkways; nor does it include excavation for
a basement, fo s, piers, or foundations or the erection of temporary forms; nor does it include
the installat' n the property of accessory buildings, such as garages or sheds not occupied as
dwellin l t or not part of the main structure. For a substantial improvement, the actual start
of co tion means the first alteration of any wall, ceiling, floor, or other structural part of the
byWi , whether or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building, a manufactured home, or a gas, liquid, or
liquefied gas storage tank that is principally above ground.
"Substantial Damage" means damage of any origin sustained by a structure during any one (1)
year period whereby the cost of restoring the structure to it's before damaged condition would
equal or exceed 50 percent of the market value of the structure before the damage occurred. See
Rutherfordton Development Ordinance — Article 18 — Page 10

definition of "substantial improvement".
"Substantial Improvement" means any combination of repairs, reconstruction, rehabilitation,
addition, or other improvement of a structure, taking place during any one (1) year period for
which the cost equals or exceeds 50 percent of the market value of the structure before the "start
of construction" of the improvement. This term includes structures which have incurred
"substantial damage", regardless of the actual repair work performed. The term does not,
however, include either: O
(a) Any correction of existing violations of state or community health, sanit &a�fety
code specifications which have been identified by the community code enf ement
official and which are the minimum necessary to assure safe living ions; or
(b) Any alteration of a historic structure, provided that the alterati will not preclude the
structure's continued designation as a historic structure an �teration is approved
by variance issued pursuant to Article 18.4 Section E o Zi'rdinance.
"Technical Bulletin and Technical Fact Sheet" means a FEM ication that provides
guidance concerning the building performance standards of FIP, which are contained in
Title 44 of the U.S. Code of Federal Regulations at Sec ' .3. The bulletins and fact sheets
are intended for use primarily by State and local office esponsible for interpreting and
enforcing NFIP regulations and by members of the j*ve opment community, such as design
professionals and builders. New bulletins, as w,el dates of existing bulletins, are issued
periodically as needed. The bulletins do not c Oe regulations; rather they provide specific
guidance for complying with the minim irements of existing NFIP regulations.
NOTE: It should be noted tha,t4�- h ical Bulletins and Technical Fact Sheets provide
guidance on the mi um requirements of the NFIP regulations. State or
community re uN i is that exceed those of the NFIP take precedence. Design
professionals uld contact the community officials to determine whether more
restrictiv e or local regulations apply to the building or site in question. All
applic 4 landards of the State or local building code must also be met for any
builn a flood hazard area.
"Temperature Controlled" means having the temperature regulated by a heating and/or cooling
system, built-in or appliance.
"Variance" is a grant of relief from the requirements of this Ordinance.
"Vi lation" means the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in Articles
18.4 and 18.5 is presumed to be in violation until such time as that documentation is provided.
"Water Surface Elevation (WSE)" means the height, in relation to NAVD 1988, of floods of
various magnitudes and frequencies in the floodplains of riverine areas.
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"Watercourse" means a lake, river, creek, stream, wash, channel or other topographic feature on
or over which waters flow at least periodically. Watercourse includes specifically designated
areas in which substantial flood damage may occur.
18.3. GENERAL PROVISIONS.
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES. O
This ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction, in ding
Extra -Territorial Jurisdictions (ETJs), of Rutherfordton. n ,,)
v
SECTION B. BASIS FOR ESTABLISHING THE SPECIAL FLOOD H ZARD
AREAS.
The Special Flood Hazard Areas are those identified under the Co ra ing Technical State
(CTS) agreement between the State of North Carolina and FEM its FIS dated November 19,
2008 for Rutherford County and associated DFIRM panels, i mg any digital data developed
as part of the Flood Insurance Study, which are adopted b rence and declared a part of this
Ordinance. Future revisions to the FIS and DFIRM PAPilldlat do not change flood hazard data
within the jurisdictional authority of the Town of R e ordton are also adopted by reference
and declared a part of this Ordinance. Subseque r of Map Revisions (LOMRs) and/or
Physical Map Revisions (PMRs) shall be adopt i in 3 months.
SECTION C.
A Floodplain Development Permitsiairbe required in conformance with the provisions of this
Ordinance prior to the commeaV4VMt of any development activities within Special Flood
Hazard Areas determined inXcoYdance with the provisions of Article 18.3, Section B of this
Ordinance. &'
SECTION D. CO IANCE.
No structure orshall hereafter be located, extended, converted, altered, or developed in any
way withoucompliance with the terms of this Ordinance and other applicable regulations.
SECTIOE. ABROGATION AND GREATER RESTRICTIONS.
(Z�
QYrdinance 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.
Rutherfordton Development Ordinance — Article 18 — Page 12

SECTION F. 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.
SECTION G. WARNING AND DISCLAIMER OF LIABILITY.
�� 1)
The degree of flood protection required by this Ordinance is considered reasonable for regulatory
purposes and is based on scientific and engineering consideration. Large400ds can and will
occur. Actual flood heights may be increased by man-made or natur awes. This Ordinance
does not imply that land outside the Special Flood Hazard Areas permitted within such
areas will be free from flooding or flood damages. This Ordina s all not create liability on
the part of the Town of Rutherfordton or by any officer or em o e thereof for any flood
damages that result from reliance on this Ordinance or any fl&inistrative decision lawfully
made hereunder.
SECTION H. PENALTIES FOR VIOLATIO70,
Violation of the provisions of this ordinance ilure to comply with any of its requirements,
including violation of conditions and safe Ids established in connection with grants of
variance or special exceptions, shall q&Zite a Class 1 misdemeanor pursuant to NCGS § 143
215.58. Any person who violates Ais dinance or fails to comply with any of its requirements
shall, upon conviction thereof, d not more than $100.00 or imprisoned for not more than
thirty (30) days, or both. Ea such violation continues shall be considered a separate
offense. Nothing herein co,Ui&ed shall prevent the Town of Rutherfordton from taking such
other lawful action as is' dssary to prevent or remedy any violation.
18.4. ADMINIS-�ATION.
SECTION.'w' DESIGNATION OF FLOODPLAIN ADMINISTRATOR.
T n Engineer, hereinafter referred to as the "Floodplain Administrator", is hereby
ated to administer and implement the provisions of this ordinance. In instances where the
Floodplain Administrator receives assistance from others to complete tasks to administer and
implement this ordinance, the Floodplain Administrator shall be responsible for the coordination
and community's overall compliance with the National Flood Insurance Program and the
provisions of this ordinance.
Rutherfordton Development Ordinance — Article 18 — Page 13

SECTION B. FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT AND
CERTIFICATION REQUIREMENTS.
(1) Application Requirements. Application for a Floodplain Development Permit shall be
made to the Floodplain Administrator prior to any development activities located within
Special Flood Hazard Areas. The following items shall be presented to the Floodplain
Administrator to apply for a floodplain development permit:
(a) A plot plan drawn to scale which shall include, but shall not be limited to, �60;
following specific details of the proposed floodplain development: ^
(i) the nature, location, dimensions, and elevations of the area of
development/disturbance; existing and proposed structures systems,
grading/pavement areas, fill materials, storage areas, draii age acilities, and
other development;
(ii) the boundary of the Special Flood Hazard Area as/Rineated on the FIRM or
other flood map as determined in Article 18.3 &ion B. or a statement that the
entire lot is within the Special Flood Hazar $a;
F
(iii) flood zone(s) designation of the pro S
ddevelopment area as determined on
the FIRM or other flood map as degned in Article 18.3, Section B;
(iv) the boundary of the floodw r non -encroachment area(s) as determined in
Article 18.3, Section B;[��
(v) the Base Flood Elevp (BFE) where provided as set forth in Article 18.3,
Section B; Artic1A8.4, Section C; or Article 18.5, Section D;
(vi) the old and location of any watercourse that will be altered or relocated as a
result posed development; and
(vii) the cfication of the plot plan by a registered land surveyor or professional
engineer.
(b) § osed elevation, and method thereof, of all development within a Special Flood
C�aazard Area including but not limited to:
(i) Elevation in relation to NAVD 1988 of the proposed reference level (including
basement) of all structures;
(ii) Elevation in relation to NAVD 1988 to which any non-residential structure in
Zones A, AE, AH, AO, A99 will be floodproofed; and
(iii) Elevation in relation to NAVD 1988 to which any proposed utility systems will
be elevated or floodproofed.
Rutherfordton Development Ordinance — Article 18 — Page 14

(c) If floodproofing, a Floodproofing Certificate (FEMA Form 086-0-34) with
supporting data, an operational plan, and an inspection and maintenance plan that
include, but are not limited to, installation, exercise, and maintenance of
floodproofing measures.
(d) A Foundation Plan, drawn to scale, which shall include details of the proposed
foundation system to ensure all provisions of this Ordinance are met. These de al(
include but are not limited to:
(i) The proposed method of elevation, if applicable (i.e., fill, solid found] on
perimeter wall, solid backfilled foundation, open foundation 000�
columns/posts/piers/piles/shear walls); and NS
(ii) Openings to facilitate automatic equalization of hydros` flood forces on
walls in accordance with Article 18.5, Section B(4 en solid foundation
perimeter walls are used in Zones A, AE, AH, , 99.
(e) Usage details of any enclosed areas below the to oor.
(f) Plans and/or details for the protection of p Utilities and facilities such as sewer,
gas, electrical, and water systems to be 1 atYd and constructed to minimize flood
damage.
(g) Certification that all other Loca e and Federal permits required prior to
floodplain development per
uance have been received.
(h) Documentation for pla efit of Recreational Vehicles and/or Temporary Structures,
when applicable, t that the provisions of Article 18.5, Section B, subsections
(6) and (7) of thil*Q nance are met.
(i) A descriptiotprroposed watercourse alteration or relocation, when applicable,
includinp ngmeering report on the effects of the proposed project on the flood -
carry pacity of the watercourse and the effects to properties located both
ups and downstream; and a map (if not shown on plot plan) showing the
ton of the proposed watercourse alteration or relocation.
O
(2) rrrhit Requirements. The Floodplain Development Permit shall include, but not be
lime, o:
(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
Rutherfordton Development Ordinance — Article 18 — Page 15

accordance with available data specified in Article 18.3, Section B.
(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. ,�V
(f) A statement that no fill material or other development shall encroach into tw
floodway or non -encroachment area of any watercourse unless the rIIq ife�nents of
Article 18.5, Section F have been met. '� Ii
(g) The flood openings requirements, if in Zones A, AE, AH, A(3-, A99.
(h) Limitations of below BFE enclosure uses (if applicab ). (i.e., parking, building
access and limited storage only).
CD''
(i) A statement, that all materials below BFE/ ust be flood resistant materials.
(3) Certification Requirements. (�
(a) Elevation Certificates AN
(i) An Elevation CertifWEMA Form 086-0-33) is required prior to the actual
start of any new co sction. It shall be the duty of the permit holder to submit
to the Floodblaiministrator a certification of the elevation of the reference
level, in rel io�►tb NAVD 1988. The Floodplain Administrator shall review
the certifi a ata submitted. Deficiencies detected by such review shall be
correc the permit holder prior to the beginning of construction. Failure to
sub ' e certification or failure to make required corrections shall be cause to
deb floodplain development permit.
(" n 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
Qj the Floodplain Administrator a certification of the elevation of the reference
level, in relation to NAVD 1988. Any work done within the seven (7) day
calendar period and prior to submission of the certification shall be at the permit
holder's risk. The Floodplain Administrator shall review the certificate data
submitted. Deficiencies detected by such review shall be corrected by the
permit holder immediately and prior to further work being permitted to proceed.
Failure to submit the certification or failure to make required corrections shall
be cause to issue a stop -work order for the project.
Rutherfordton Development Ordinance — Article 18 — Page 16

(iii) A final Finished Construction Elevation Certificate (FEMA Form 086-0-33) is
required after construction is completed and prior to Certificate of
Compliance/Occupancy issuance. It shall be the duty of the permit holder to
submit to the Floodplain Administrator a certification of final as -built
construction of the elevation of the reference level and all attendant utilities.
The Floodplain Administrator shall review the certificate data submitted.
Deficiencies detected by such review shall be corrected by the permit holder
immediately and prior to Certificate of Compliance/Occupancy issuance. Iiz�
some instances, another certification may be required to certify correc a
built construction. Failure to submit the certification or failure to quired
corrections shall be cause to withhold the issuance of a Certificate of
Compliance/Occupancy. The Finished Construction Elevation icate
certifier shall provide at least 2 photographs showing the fro rear of the
building taken within 90 days from the date of certificatio . The photographs
must be taken with views confirming the building desc ' n and diagram
number provided in Section A. To the extent posse ese photographs
should show the entire building including foun ata If the building has split-
level or multi -level areas, provide at least 2 ad ' nal photographs showing
side views of the building. In addition, whe icable, provide a photograph
of the foundation showing a representatives ample of the flood openings or
vents. All photographs must be in c nd measure at least 3" X 3". Digital
photographs are acceptable.
..n,
(b) Floodproofing Certificate
(i) If non-residential floorFIc
ng is used to meet the Regulatory Flood Protection
me Elevation requireodproofing Certificate (FEMA Form 086-0-34),
with supporting d , dh operational plan, and an inspection and maintenance
plan are requir or to the actual start of any new construction. It shall be the
duty of the mTt holder to submit to the Floodplain Administrator a
certific ti W the floodproofed design elevation of the reference level and all
attendaulities, in relation to NAVD 1988. Floodproofing certification shall
eeficiencies
red by or under the direct supervision of a professional engineer or
and certified by same. The Floodplain Administrator shall review the
te data, the operational plan, and the inspection and maintenance plan.
-[Cdetected by such review shall be corrected by the applicant prior to
y permit approval. Failure to submit the certification or failure to make required
�� corrections shall be cause to deny a Floodplain Development Permit. Failure to
construct in accordance with the certified design shall be cause to withhold the
issuance of a Certificate of Compliance/Occupancy.
(ii) A final Finished Construction Floodproofing Certificate (FEMA Form 086-0-
34), with supporting data, an operational plan, and an inspection and
maintenance plan are required prior to the issuance of a Certificate of
Compliance/Occupancy. It shall be the duty of the permit holder to submit to
the Floodplain Administrator a certification of the floodproofed design elevation
Rutherfordton Development Ordinance — Article 18 — Page 17

of the reference level and all attendant utilities, in relation to NAVD 1988.
Floodproofing certificate shall be prepared by or under the direct supervision of
a professional engineer or architect and certified by same. The Floodplain
Administrator shall review the certificate data, the operational plan, and the
inspection and maintenance plan. Deficiencies detected by such review shall be
corrected by the applicant prior to Certificate of Occupancy. Failure to submit
the certification or failure to make required corrections shall be cause to den a
Floodplain Development Permit. Failure to construct in accordance with
certified design shall be cause to deny a Certificate of Compliance/ Oc Y-
(c) If a manufactured home is placed within Zones A, AE, AH, AO, A99 and t�
elevation of the chassis is more than 36 inches in height above gradeepgineered
foundation certification is required in accordance with the provisioN,0VArticle 18.5,
Section B(3)(b).
(d) If a watercourse is to be altered or relocated, a descriptio ae extent of
watercourse alteration or relocation; a professional e i r s certified report on the
effects of the proposed project on the flood-carryin acity of the watercourse and
the effects to properties located both upstream an 'pwnstream; and a map showing
the location of the proposed watercourse alteraor relocation shall all be submitted
by the permit applicant prior to issuance odplam development permit.
(e) Certification Exemptions. The follow' ctures, if located within Zones A, AE,
AH, AO, A99, are exempt from th ation/floodproofing certification requirements
specified in items (a) and (b) Cojf�, ubsection:
(i) Recreational Vehi sheeting requirements of Article 18.5, Section B(6)(a);
"1
(ii) Temporary Structures meeting requirements of Article 18.5, Section B(7); and
O
(iii) Accesspsptructures that are 150 square feet or less or cost of structure is
$3,0 less and meeting requirements of Article 18.5, Section B(8).
(4) DeterminapiN for Existing Buildings and Structures.
For ations for building permits to improve buildings and structures, including
al ons, movement, enlargement, replacement, repair, change of occupancy, additions,
Vabilitations, renovations, substantial improvements, repairs of substantial damage, and
11dny other improvement of or work on such buildings and structures, the Floodplain
Administrator, in coordination with the Building Official, shall:
(a) Estimate the market value, or require the applicant to obtain an appraisal of the
market value prepared by a qualified independent appraiser, of the building or
structure before the start of construction of the proposed work; in the case of repair,
the market value of the building or structure shall be the market value before the
Rutherfordton Development Ordinance — Article 18 — Page 18

damage occurred and before any repairs are made;
(b) Compare the cost to perform the improvement, the cost to repair a damaged building
to its pre -damaged condition, or the combined costs of improvements and repairs, if
applicable, to the market value of the building or structure;
(c) Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; and O
(d) Notify the applicant if it is determined that the work constitutes substanti ,�V
improvement or repair of substantial damage and that compliance with theiod
resistant construction requirements of the NC Building Code and thi�r� iance is
required. N\ I��
SECTION C. DUTIES AND RESPONSIBILITIES OF THE
ADNHNISTRATOR.
Y
The Floodplain Administrator shall perform, but not be limited tbhe following duties:
(1) Review all floodplain development applications and permits for all proposed
development within Special Flood Hazard Areassure that the requirements of this
Ordinance have been satisfied.
(2) Review all proposed development withi cial Flood Hazard Areas to assure that all
necessary Local, State and Federal pe have been received, including Section 404 of
the Federal Water Pollution Contr Amendments of 1972, 33 U.S.C. 1334.
(3) Notify adjacent communities and the North Carolina Department of Public Safety, Division
of Emergency Managem to Coordinator for the National Flood Insurance Program
ration prior to any altee cation of a watercourse, and submit evidence of such
notification to the Emergency Management Agency (FEMA).
(4) Assure that in ance is provided within the altered or relocated portion of said
watercourse at the flood -carrying capacity is maintained.
(5) Preve�roachments into floodways and non -encroachment areas unless the certification
and ® d hazard reduction provisions of Article 18.5, Section F are met.
VMain actual elevation (in relation to NAVD 1988) of the reference level (including
asement) and all attendant utilities of all new and substantially improved structures, in
accordance with the provisions of Article 18.4, Section B(3).
(7) Obtain actual elevation (in relation to NAVD 1988) to which all new and substantially
improved structures and utilities have been floodproofed, in accordance with the provisions
of Article 18.4, Section B(3).
Rutherfordton Development Ordinance — Article 18 — Page 19

(8) Obtain actual elevation (in relation to NAVD 1988) of all public utilities in accordance
with the provisions of Article 18.4, Section B(3).
(9) When floodproofing is utilized for a particular structure, obtain certifications from a
registered professional engineer or architect in accordance with the provisions of Article
18.4, Section B(3) and Article 18.5, Section B(2).
(10) Where interpretation is needed as to the exact location of boundaries of the Special FIC
Hazard Areas, floodways, or non -encroachment areas (for example, where there a to
e
be a conflict between a mapped boundary and actual field conditions), make th sary
interpretation. The person contesting the location of the boundary shall be given
reasonable opportunity to appeal the interpretation as provided in this artic0�1 , 1)
(11) When Base Flood Elevation (BFE) data has not been provided in accordance with the
provisions of Article 18.3, Section B, obtain, review, and reasonaW utilize any BFE data,
along with floodway data or non -encroachment area data avail� roan a federal, state, or
other source, including data developed pursuant to Article 9Si,�,"Section 1)(2)(c), in order to
administer the provisions of this ordinance.
(12) When Base Flood Elevation (BFE) data is provided tT 4Yo floodway or non -encroachment
area data has been provided in accordance with ovisions of Article 18.3, Section B,
obtain, review, and reasonably utilize any flooAwaT data or non -encroachment area data
available from a Federal, State, or other so order to administer the provisions of this
Ordinance.
(13) When the lowest floor and the low Jacent grade of a structure or the lowest ground
elevation of a parcel in a Speciil d Hazard Area is above the Base Flood Elevation
(BFE), advise the property oer of the option to apply for a Letter of Map Amendment
(LOMA) from FEMA. �ta n a copy of the LOMA issued by FEMA in the floodplain
development permit films v
(14) Permanently main'a §all records that pertain to the administration of this Ordinance and
make these rec available for public inspection, recognizing that such information may
be subject t rivacy Act of 1974, as amended.
(15) Make 'te inspections of work in progress. As the work pursuant to a floodplain
dev ent permit progresses, the Floodplain Administrator shall make as many
j�Qp�ctions of the work as may be necessary to ensure that the work is being done
ecording to the provisions of the local Ordinance and the terms of the permit. In
xercising this power, the Floodplain Administrator has a right, upon presentation of proper
credentials, to enter on any premises within the jurisdiction of the community at any
reasonable hour for the purposes of inspection or other enforcement action.
(16) Issue stop -work orders as required. Whenever a building or part thereof is being
constructed, reconstructed, altered, or repaired in violation of this Ordinance, the
Floodplain Administrator may order the work to be immediately stopped. The stop -work
Rutherfordton Development Ordinance — Article 18 — Page 20

order shall be in writing and directed to the person doing or in charge of the work. The
stop -work order shall state the specific work to be stopped, the specific reason(s) for the
stoppage, and the condition(s) under which the work may be resumed. Violation of a stop -
work order constitutes a misdemeanor.
(17) Revoke floodplain development permits as required. The Floodplain Administrator may
revoke and require the return of the floodplain development permit by notifying the permit
holder in writing stating the reason(s) for the revocation. Permits shall be revoked for
substantial departure from the approved application, plans, and specifications; for S�or
failure to comply with the requirements of State or local laws; or for false state or
misrepresentations made in securing the permit. Any floodplain development pee it
mistakenly issued in violation of an applicable State or local law may also"I'v, evoked.
(18) Make periodic inspections throughout the Special Flood Hazard Areas within the
jurisdiction of the community. The Floodplain Administrator and ei member of his or
her inspections department shall have a right, upon presentatio roper credentials, to
enter on any premises within the territorial jurisdiction of e: artment at any reasonable
hour for the purposes of inspection or other enforcement n_
(19) Follow through with corrective procedures of Articl, Section D.
(20) Review, provide input, and make recommend 'on3� for variance requests.
`C/
(21) Maintain a current map repository to incl��ut not limited to, historical and effective FIS
Report, historical and effective FIRM other official flood maps and studies adopted in
accordance with the provisions of e 18.3, Section B of this ordinance, including any
revisions thereto including Lett o Map Change, issued by FEMA. Notify State and
FEMA of mapping needs. 7'
(22) Coordinate revisions t I reports and FIRMS, including Letters of Map Revision Based
on Fill (LOMR-Fs� etters of Map Revision (LOMRs).
SECTION D. CO CTIVE PROCEDURES.
(1) Violation e Corrected: When the Floodplain Administrator finds violations of
applic tate and local laws, it shall be his or her duty to notify the owner or occupant of
the ing of the violation. The owner or occupant shall immediately remedy each of the
yi Ations of law cited in such notification.
(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
Rutherfordton Development Ordinance — Article 18 — Page 21

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 AN
vacate, or demolish the building; or to remove fill as applicable. Ov
(3) Order to Take Corrective Action: If, upon a hearing held pursuant to the notice p�cribed
above, the Floodplain Administrator shall find that the building or develop � this in
violation of the Flood Damage Prevention Ordinance, he or she shall issi%a eYorder in
writing to the owner, requiring the owner to remedy the violation witin a specified time
period, not less than sixty (60) calendar days, nor more than one-h ed-eighty (180)
calendar days. Where the Floodplain Administrator finds that imminent danger to
life or other property, he or she may order that corrective a t e taken in such lesser
period as may be feasible.
(4) Appeal: Any owner who has received an order to tal rrective action may appeal the
order to the local elected governing body by giviotice of appeal in writing to the
Floodplain Administrator and the clerk within n 0) days following issuance of the final
order. In the absence of an appeal, the o rde�Qe Floodplain Administrator shall be final.
The local governing body shall hear an within a reasonable time and may affirm,
modify and affirm, or revoke the orde
(5) Failure to Comply with Order: owner of a building or property fails to comply with
an order to take corrective ac ' n for which no appeal has been made or fails to comply
with an order of the gov ody following an appeal, the owner shall be guilty of a
Class 1 misdemeanor sunt to NCGS § 143-215.58 and shall be punished at the
discretion of the c u
SECTION E. V CE PROCEDURES.
(1) The Boar�Adjustment as established by the Town of Rutherfordton, hereinafter referred
to as t�ppeal board", shall hear and decide requests for variances from the requirements
of tl is rdinance.
q, t�y 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
Rutherfordton Development Ordinance — Article 18 — Page 22

preserve the historic character and design of the structure;
(b) Functionally dependent facilities if determined to meet the definition as stated in
Article 18.2 of this Ordinance, provided provisions of Article 18.4, Section E(9)(b),
(c), and (e) have been satisfied, and such facilities are protected by methods that
minimize flood damages during the base flood and create no additional threats to
public safety; or
(c) Any other type of development, provided it meets the requirements of this S i O
(4) In passing upon variances, the appeal board shall consider all technical evaluation, all
relevant factors, all standards specified in other sections of this Ordinance;�l�
(a) The danger that materials may be swept onto other lands to the 'njury ollff others;
(b) The danger to life and property due to flooding or erosion damage;
"e
(c) The susceptibility of the proposed facility and its con�ts to flood damage and the
effect of such damage on the individual owner; I ISII
(d) The importance of the services provided bt�Oproposed facility to the community;
y
(e) The necessity to the facility of a waterfr,location as defined under Article 18.2 of
this Ordinance as a functionally dep'ent facility, where applicable;
(f) The availability of alternative tions, not subject to flooding or erosion damage,
for the proposed use;
(g) The compatibility oiAJroposed use with existing and anticipated development;
(h) The relationki e proposed use to the comprehensive plan and floodplain
management lgram for that area;
(i) The sa of access to the property in times of flood for ordinary and emergency
veh*
0) �xpected heights, velocity, duration, rate of rise, and sediment transport of the
Cj`floodwaters and the effects of wave action, if applicable, expected at the site; and
k) The costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical and water systems, and streets and bridges.
(5) A written report addressing each of the above factors shall be submitted with the
Rutherfordton Development Ordinance — Article 18 — Page 23

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 sk re
is to be built and that such construction below the BFE increases risks to life and �
and that the issuance of a variance to construct a structure below the BFE will n
increased premium rates for flood insurance up to $25 per $100 of insurance cova�age_
Such notification shall be maintained with a record of all variance actions, i c *ding
justification for their issuance.
(8) The Floodplain Administrator shall maintain the records of all apS�eeState
ctions and report
any variances to the Federal Emergency Management Agency a'� of North
Carolina upon request.
(9) Conditions for Variances:
(a) Variances shall not be issued when the v ap
will make the structure in violation
of other Federal, State, or local laws, re ts, or Ordinances.
(b) Variances shall not be issued withi designated floodway or non -encroachment
area if the variance would resul y increase in flood levels during the base flood
discharge.
(c) Variances shall only be ' sued upon a determination that the variance is the minimum
necessary, considerti flood hazard, to afford relief.
(d) Variances sh 1 ��bee issued prior to development permit approval.
(e) Variance: J " 1 only be issued upon:
(i) showing of good and sufficient cause;
�A determination that failure to grant the variance would result in exceptional
hardship; and
(iii) A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, or extraordinary public expense,
create nuisance, cause fraud on or victimization of the public, or conflict with
existing local laws or Ordinances.
(10) A variance maybe issued for solid waste disposal facilities or sites, hazardous waste
management facilities, salvage yards, and chemical storage facilities that are located in
Rutherfordton Development Ordinance — Article 18 — Page 24

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. O
(d) The use complies with all other applicable Federal, State and local laws. '
V
(e) The Town of Rutherfordton has notified the Secretary of the North Ci''ija o *a
Department of Public Safety of its intention to grant a variance at 1N�t irty (30)
calendar days prior to granting the variance.
O
18.5. PROVISIONS FOR FLOOD HAZARD REDUCTION
.Al
SECTION A. GENERAL STANDARDS. CDr
O
In all Special Flood Hazard Areas the following provis�i are required:
(1) All new construction and substantial impro is shall be designed (or modified) and
adequately anchored to prevent flotation, l apse, and lateral movement of the structure.
(2) All new construction and substaA provements shall be constructed with materials and
utility equipment resistant to floNi�damage in accordance with the FEMA Technical
Bulletin 2, Flood Damage-R stant Materials Requirements.
(3) All new construction a„ substantial improvements shall be constructed by methods and
practices that minim ood damages.
(4) All new elec eating, ventilation, plumbing, air conditioning equipment, and other
service eq ' nt shall be located at or above the RFPE or designed and installed to
prevent from entering or accumulating within the components during the occurrence
of the flood. These include, but are not limited to, HVAC equipment, water softener
wu ' �ath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes,
ater 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
Rutherfordton Development Ordinance — Article 18 — Page 25

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. O
(7) On -site waste disposal systems shall be located and constructed to avoid impai so
them or contamination from them during flooding.%
(8) Nothing in this Ordinance shall prevent the repair, reconstruction, or rep' �eent of a
building or structure existing on the effective date of this Ordinance d located totally or
partially within the floodway, non -encroachment area, or stream sgIYoU, provided there is
no additional encroachment below the Regulatory Flood Prote4k4alevation in the
floodway, non -encroachment area, or stream setback, and ro ' ed that such repair,
reconstruction, or replacement meets all of the other requrents of this Ordinance.
(9) New solid waste disposal facilities and sites, hazard Waste management facilities,
salvage yards, and chemical storage facilities sh be permitted, except by variance as
specified in Article 18.4, Section E(10). A s tu'e or tank for chemical or fuel storage
incidental to an allowed use or to the opera ' a water treatment plant or wastewater
treatment facility may be located in a Sp lood Hazard Area only if the structure or
tank is either elevated or floodproofe least the Regulatory Flood Protection Elevation
and certified in accordance with th isions of Article 18.4, Section B(3).
(10) All subdivision proposals anth& development proposals shall be consistent with the
need to minimize flood d .
(11) All subdivision pr and other development proposals shall have public utilities and
facilities such as sr, gas, electrical, and water systems located and constructed to
minimize floo�nage.
(12) All subdin proposals and other development proposals shall have adequate drainage
provireduce exposure to flood hazards.
(13) 4iUubdivision proposals and other development proposals shall have received all
�cessary permits from those governmental agencies for which approval is required by
ederal or State law, including Section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 U.S.C. 1334.
(14) When a structure is partially located in a Special Flood Hazard Area, the entire structure
shall meet the requirements for new construction and substantial improvements.
(15) When a structure is located in multiple flood hazard zones or in a flood hazard risk zone
Rutherfordton Development Ordinance — Article 18 — Page 26

with multiple base flood elevations, the provisions for the more restrictive flood hazard risk
zone and the highest Base Flood Elevation (BFE) shall apply.
(16) Fill is prohibited in the SFHA, including construction of buildings on fill. This includes not
approving Conditional Letters or Letters of Map Revision - Based on Fill (CLOMR-F or
LOMR-F).
SECTION B. SPECIFIC STANDARDS. O
In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data has been prided, as
set forth in Article 18.3, Section B, or Article 18.5, Section D, the following pratG%iWs, in
addition to the provisions of Article 18.5, Section A, are required: NS
(1) Residential Construction. New construction and substantial impro nt of any residential
structure (including manufactured homes) shall have the refers el, including
basement, elevated no lower than the Regulatory Flood Pro ec Elevation, as defined in
Article 18.2 of this Ordinance.
(2) Non -Residential Construction. New construction anstantial improvement of any
commercial, industrial, or other non-residential re shall have the reference level,
including basement, elevated no lower than theke latory Flood Protection Elevation, as
defined in Article 18.2 of this Ordinance. S es located in Zones A, AE, AH, AO, A99
may be floodproofed to the Regulatory F rotection Elevation in lieu of elevation
provided that all areas of the structure ther with attendant utility and sanitary facilities,
below the Regulatory Flood Protects levation are watertight with walls substantially
impermeable to the passage of r_.'using structural components having the capability of
resisting hydrostatic and hydr gamic loads and the effect of buoyancy. For AO Zones,
the floodproofing elevatio}Sa be in accordance with Article 18.5, Section G(2). A
registered professional iireer or architect shall certify that the floodproofing standards of
this subsection are a d. Such certification shall be provided to the Floodplain
Administrator as se girth in Article 18.4, Section B(3), along with the operational plan and
the inspection maintenance plan.
(3) Manufac Homes.
(a) w and replacement manufactured homes shall be elevated so that the reference
�Cj level of the manufactured home is no lower than the Regulatory Flood Protection
Elevation, as defined in Article 18.2 of this Ordinance.
(b) Manufactured homes shall be securely anchored to an adequately anchored
foundation to resist flotation, collapse, and lateral movement, either by certified
engineered foundation system, or in accordance with the most current edition of the
State of North Carolina 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
Rutherfordton Development Ordinance — Article 18 — Page 27

above the grade at the site, the chassis shall be supported by reinforced piers or
engineered foundation. When the elevation of the chassis is above thirty-six (36)
inches in height, an engineering certification is required.
(c) All enclosures or skirting below the lowest floor shall meet the requirements of
Article 18.5, Section B(4).
(d) An evacuation plan must be developed for evacuation of all residents of all new O
substantially improved or substantially damaged manufactured home parks p9
subdivisions located within flood prone areas. This plan shall be filed wit jj
approved by the Floodplain Administrator and the local Emergency Manag ent
Coordinator. 1, , •)
(4) Elevated Buildings. Fully enclosed area, of new construction and su stantially improved
structures, which is below the lowest floor:
(a) Shall not be designed or used for human habitation, kui s`Vll only be used for parking
of vehicles, building access, or limited storage of ir�g&nance equipment used in
connection with the premises. Access to the enclMN area shall be the minimum
necessary to allow for parking of vehicles (gar '-door) or limited storage of
maintenance equipment (standard exterior or entry to the living area (stairway
or elevator). The interior portion of suc ncxosed area shall not be finished or
partitioned into separate rooms, exce close storage areas;
(b) Shall not be temperature-controlr conditioned;
(c) Shall be constructed entir2Qoiflood resistant materials at least to the Regulatory
Flood Protection Eleva1 ;and
(d) Shall include, in net A, AE, AH, AO, A99 flood openings to automatically
equalize hyd 0 flood forces on walls by allowing for the entry and exit of
floodwaters. meet this requirement, the openings must either be certified by a
professio ngineer or architect or meet or exceed the following minimum design
criteriNd
A�N IV
( A minimum of two flood openings on different sides of each enclosed area
Q subject to flooding;
(ii) The total net area of all flood openings must be at least one (1) square inch for
each square foot of enclosed area subject to flooding;
(iii) If a building has more than one enclosed area, each enclosed area must have
flood openings to allow floodwaters to automatically enter and exit;
(iv) The bottom of all required flood openings shall be no higher than one (1) foot
above the higher of the interior or exterior adjacent grade;
Rutherfordton Development Ordinance — Article 18 — Page 28

(v) Flood openings may be equipped with screens, louvers, or other coverings or
devices, provided they permit the automatic flow of floodwaters in both
directions; and
(vi) Enclosures made of flexible skirting are not considered enclosures for
regulatory purposes, and, therefore, do not require flood openings. Masonry or
wood underpinning, regardless of structural status, is considered an enclo "V
and requires flood openings as outlined above.
(e) Fill/Grading
(i) Fill is prohibited in the SFHA.
(f) Property owners shall be required to execute and record a no �nversion agreement
prior to issuance of a building permit declaring that the a ow the lowest floor
shall not be improved, finished or otherwise converte t a itable space (30 CRS
points); The Town of Rutherfordton will have the ri J&o inspect the enclosed area
(30 CRS points). The Town of Rutherfordton wil Nduct annual inspections (30
CRS points). This agreement shall be recorded0�the Rutherford County Register
of Deeds and shall transfer with the prope perpetuity.
(g) Release of restrictive covenant. If a p which is bound by a non -conversion
agreement is modified to remove a ed areas below BFE, then the owner may
request release of restrictive cov after staff inspection and submittal of
confirming documentation.
(5) Additions/Improvements.
(a) Additions and/or p
vements to pre -FIRM structures when the addition and/or
improvement mbination with any interior modifications to the existing structure
are:
(i) W substantial improvement, the addition and/or improvements must be
igned to minimize flood damages and must not be any more non -conforming
, than the existing structure.
Cj (ii) a substantial improvement, with modifications/rehabilitations/improvements to
the existing structure or the common wall is structurally modified more than
installing a doorway, both the existing structure and the addition must comply
with the standards for new construction.
(b) Additions to pre -FIRM or post -FIRM structures that are a substantial improvement
with no modifications/rehabilitations/improvements to the existing structure other
than a standard door in the common wall, shall require only the addition to comply
Rutherfordton Development Ordinance — Article 18 — Page 29

with the standards for new construction.
(c) Additions and/or improvements to post -FIRM structures when the addition and/or
improvements in combination with any interior modifications to the existing structure
are:
(i) Not a substantial improvement, the addition and/or improvements only must
comply with the standards for new construction consistent with the code at
requirements for the original structure.
(ii) A substantial improvement, both the existing structure and the additio and/or
improvements must comply with the standards for new cons
(d) Any combination of repair, reconstruction, rehabilitation, additi n or improvement of
a building or structure taking place during a two (2) year per.
,the cumulative cost
of which equals or exceeds 50 percent of the market valu e structure before the
improvement or repair is started must comply with e s ards for new
construction. For each building or structure, the tw year period begins on the
date of the first improvement or repair of that bui or structure subsequent to the
effective date of this Ordinance. Substantial d e also means flood -related
damage sustained by a structure on two s� occasions during a 10 year period for
which the cost of repairs at the time of e h ch flood event, on the average, equals
or exceeds 25 percent of the market vF the structure before the damage
occurred. If the structure has susta? substantial damage, any repairs are
considered substantial improve egardless of the actual repair work performed.
The requirement does not, how r, include either:
(i) Any project for i r0ement of a building required to correct existing health,
sanitary or sale violations identified by the building official and that are
the minimu0necessary to assume safe living conditions.
(ii) Any al el lion of a historic structure provided that the alteration will not
pre the structure's continued designation as a historic structure.
(6) Recreatio ehicles. Recreational vehicles shall either:
(a) Cymporary Placement
(i) Be on site for fewer than 180 consecutive days; or
(ii) Be fully licensed and ready for highway use (a recreational vehicle is ready for
highway use if it is on its wheels or jacking system, is attached to the site only
by quick disconnect type utilities, and has no permanently attached additions).
(b) Permanent Placement. Recreational vehicles that do not meet the limitations of
Rutherfordton Development Ordinance — Article 18 — Page 30

Temporary Placement shall meet all the requirements for new construction.
(7) Temporary Non -Residential Structures. Prior to the issuance of a floodplain development
permit for a temporary structure, the applicant must submit to the Floodplain Administrator
a plan for the removal of such structure(s) in the event of a hurricane, flash flood or other
type of flood warning notification. The following information shall be submitted in writing
to the Floodplain Administrator for review and written approval:
(a) A specified time period for which the temporary use will be permitted. Tim��V
specified may not exceed three (3) months, renewable up to one (1) year;^
(b) The name, address, and phone number of the individual responsible f6?Vq removal of
the temporary structure; NS, h�
(c) The time frame prior to the event at which a structure will be owed (i.e., minimum
of 72 hours before landfall of a hurricane or immediately ood warning
notification);
(d) A copy of the contract or other suitable instrume the entity responsible for
physical removal of the structure; and �O
(e) Designation, accompanied by documenta on, of a location outside the Special Flood
Hazard Area, to which the temporary re will be moved.
(8) Accessory Structures. When accesso ctures (sheds, detached garages, etc.) are to be
placed within a Special Flood Haz rea, the following criteria shall be met:
(a) Accessory structures sl l nbt be used for human habitation (including working,
sleeping, living, c000pr restroom areas);
(b) Accessory st s shall not be temperature -controlled;
(c) Accesso'ctures shall be designed to have low flood damage potential;
(d) Acc�D' structures shall be constructed and placed on the building site so as to offer
th$mimum resistance to the flow of floodwaters;
�jOAccessory structures shall be firmly anchored in accordance with the provisions of
Article 18.5, Section A(1);
(f) All service facilities such as electrical shall be installed in accordance with the
provisions of Article 18.5, Section 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
Rutherfordton Development Ordinance — Article 18 — Page 31

provisions of Article 18.5, Section B(4)(c).
An accessory structure with a footprint less than 150 square feet or that is a minimal
investment of three thousand dollars ($3,000) or less and satisfies the criteria outlined
above is not required to meet the elevation or floodproofing standards of Article 18.5,
Section B (2). Elevation or floodproofing certifications are required for all other accessory
structures in accordance with Article 18.4, Section B(3).
(9) Tanks. When gas and liquid storage tanks are to be placed within a Special Floo aOrd
Area, the following criteria shall be met:
V
(a) Underground tanks. Underground tanks in flood hazard areas shall l )Voored to
prevent flotation, collapse or lateral movement resulting from hydi�Vilfamic and
hydrostatic loads during conditions of the design flood, including the effects of
buoyancy assuming the tank is empty; Z
(b) Above -ground tanks, elevated. Above -ground tanks i f�hazard areas shall be
elevated to or above the Regulatory Flood Protection Svation on a supporting
structure that is designed to prevent flotation, coll '' or lateral movement during
conditions of the design flood. Tank-supportinictures shall meet the foundation
requirements of the applicable flood hazard;
(c) Above -ground tanks, not elevated. A 44�round tanks that do not meet the
elevation requirements of Section of this ordinance shall be permitted in flood
hazard areas provided the tanks esigned, constructed, installed, and anchored to
resist all flood -related and otl�, ads, including the effects of buoyancy, during
conditions of the design d d without release of contents in the floodwaters or
infiltration by floodwat s i to the tanks. Tanks shall be designed, constructed,
installed, and anch tresist the potential buoyant and other flood forces acting on
an empty tank d esign flood conditions.
(d) Tank inlets a vents. Tank inlets, fill openings, outlets and vents shall be:
(i) At od above the Regulatory Flood Protection Elevation or fitted with covers
, esigned to prevent the inflow of floodwater or outflow of the contents of the
,! tanks during conditions of the design flood; and
�O(ii) Anchored to prevent lateral movement resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, during conditions of the
design flood.
(10) Other Development.
(a) Fences in regulated floodways and NEAs that have the potential to block the passage
of floodwaters, such as stockade fences and wire mesh fences, shall meet the
limitations of Article 18.5, Section F of this ordinance.
Rutherfordton Development Ordinance — Article 18 — Page 32

(b) Retaining walls, sidewalks and driveways in regulated floodways and NEAs.
Retaining walls and sidewalks and driveways that involve the placement of fill in
regulated floodways shall meet the limitations of Article 18.5, Section F of this
ordinance.
(c) Roads and watercourse crossings in regulated floodways and NEAs. Roads and
watercourse crossings, including roads, bridges, culverts, low-water crossings
similar means for vehicles or pedestrians to travel from one side of a waterc s o
the other side, that encroach into regulated floodways shall meet the limit] of
Article 18.5, Section F of this ordinance. V
SECTION C. RESERVED.
SECTION D. STANDARDS FOR FLOOD
FLOOD ELEVATIONS.
Y
Within the Special Flood Hazard Areas designated as ApproximwZone A and established in
Article 18.3, Section B, where no Base Flood Elevation (BF ata has been provided by FEMA,
the following provisions, in addition to the provisions of t t e 18.5, Section A, shall apply:
(1) No encroachments, including fill, new constru ion; substantial improvements or new
development shall be permitted within a di of twenty (20) feet each side from top of
bank or five times the width of the strea ichever is greater, unless certification with
supporting technical data by a registe "fofessional engineer is provided demonstrating
that such encroachments shall not in any increase in flood levels during the
occurrence of the base flood di� e.
(2) The BFE used in determi e Regulatory Flood Protection Elevation shall be
determined based on tl�ol?"owing criteria:
\
(a) When Base �0 Elevation (BFE) data is available from other sources, all new
construe d substantial improvements within such areas shall also comply with
all ap ���', e provisions of this Ordinance and shall be elevated or floodproofed in
acczl ftce with standards in Article 18.5, Sections A and B.
(b) en floodway or non -encroachment data is available from a Federal, State, or other
�Cj source, all new construction and substantial improvements within floodway and non-
encroachment areas shall also comply with the requirements of Article 18.5, Sections
B and F.
(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 Article 18.3, Section B
Rutherfordton Development Ordinance — Article 18 — Page 33

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 18.2. All other applicable provisions of Article 18.5, Section B shall also
apply -
SECTION E.
NON -ENCROACHMENT AREAS.
Along rivers and streams where Base Flood Elevation (BFE) data is cQv ded by FEMA or is
available from another source but neither floodway nor non-encro nt areas are identified
for a Special Flood Hazard Area on the FIRM or in the FIS repohth following requirements
shall apply to all development within such areas:
(1) Standards of Article 18.5, Sections A and B; ands
(2) Until a regulatory floodway or non -encroach area is designated, no encroachments,
including fill, new construction, substantt ' ovements, or other development, shall be
permitted unless certification with sup g technical data by a registered professional
engineer is provided demonstrating e cumulative effect of the proposed development,
when combined with all other e,4M and anticipated development, will not increase the
water surface elevation of the bArflood more than one (1) foot at any point within the
community. A
SECTION F.
Areas designated as fjpovays or non -encroachment areas are located within the Special Flood
Hazard Areas estabW d in Article 18.3, Section B. The floodways and non -encroachment
areas are extre azardous areas due to the velocity of floodwaters that have erosion potential
and carry de nd potential projectiles. The following provisions, in addition to standards
outlined i cle 18.5, Sections A and B, shall apply to all development within such areas:
(1 �Cencroachments, including fill, new construction, substantial improvements and other
'developments shall be permitted unless:
(a) It is demonstrated that the proposed encroachment would not result in any increase in
the flood levels during the occurrence of the base flood discharge, based on
hydrologic and hydraulic analyses performed in accordance with standard
engineering practice and presented to the Floodplain Administrator prior to issuance
Rutherfordton Development Ordinance — Article 18 — Page 34

of floodplain development permit; or
(b) A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A
Letter of Map Revision (LOMR) must also be obtained within six months of
completion of the proposed encroachment.
(2) If Article 18.5, Section F(1) is satisfied, all development shall comply with all applicable
flood hazard reduction provisions of this Ordinance. �v
r
(3) Manufactured homes may be permitted provided the following provisions are'°
V
(a) The anchoring and the elevation standards of Article 18.5, Section B(3q;,mid
(b) The encroachment standards of Article 18.5, Section F(1).
SECTION G.
Located within the Special Flood Hazard Areas established in &e 18.3, Section B, are areas
designated as shallow flooding areas. These areas have spec' ood hazards associated with
base flood depths of one (1) to three (3) feet where a clear fined channel does not exist and
where the path of flooding is unpredictable and indet ate. In addition to Article 18.5,
Sections A and B, all new construction and substanpq i provements shall meet the following
requirements: A
(1) The reference level shall be elevated a t as high as the depth number specified on the
Flood Insurance Rate Map (FI ,et, plus a freeboard of two (2) feet, above the
highest adjacent grade; or at le a our (4) feet above the highest adjacent grade if no depth
number is specified.
(2) Non-residential structut)iLa , in lieu of elevation, be floodproofed to the same level as
required in Article 8i`3c ion G(1) so that the structure, together with attendant utility
and sanitary faciliti es below that level shall be watertight with walls substantially
impermeable t assage of water and with structural components having the capability
of resisting static and hydrodynamic loads and effects of buoyancy. Certification is
required ' ordance with Article 18.4, Section B(3) and Article 18.5, Section B(2).
(3) Ade&-;d
( to drainage paths shall be provided around structures on slopes, to guide floodwaters
and away from proposed structures.
SECTION H. STANDARDS FOR AREAS OF SHALLOW FLOODING (ZONE AH).
Located within the Special Flood Hazard Areas established in Article 18.3, Section B, 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 Article 18.5, Sections A and B, all new construction and substantial improvements
Rutherfordton Development Ordinance — Article 18 — Page 35

shall meet the following requirements:
(1) Adequate drainage paths shall be provided around structures on slopes, to guide
floodwaters around and away from proposed structures.
18.6. LEGAL STATUS PROVISIONS.
SECTION A. EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTMq,.4O
FLOOD DAMAGE PREVENTION ORDINANCE. 1>1
This Ordinance in part comes forward by re-enactment of some of the provisionb'' f t4e Flood
Damage Prevention Ordinance enacted October 10, 2008 as amended, and it iN�'o 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 eserved and may be
enforced. The enactment of this Ordinance shall not affect any actin , or proceeding
instituted or pending. All provisions of the Flood Damage Prev ti rdinance of the Town of
Rutherfordton enacted on October 10, 2008, as amended, which not reenacted herein are
repealed.
SECTION B. EFFECT UPON OUTSTANDINGODPLAIN DEVELOPMENT
PERMITS.
Nothing herein contained shall require any ch n the plans, construction, size, or designated
use of any development or any part thereof hich a floodplain development permit has been
granted by the Floodplain Administrator s or her authorized agents before the time of
passage of this Ordinance; provided, er, that when construction is not begun under such
outstanding permit within a periodsi (6) months subsequent to the date of issuance of the
outstanding permit, construction e shall be in conformity with the provisions of this
Ordinance. Q��*
SECTION C. SEVE BILITY.
If any section, cl sentence, or phrase of the Ordinance is held to be invalid or
unconstitutiona any court of competent jurisdiction, then said holding shall in no way effect
the validity remaining portions of this Ordinance.
SECT,JU D. EFFECTIVE DATE.
A.le 18 shall become effective upon adoption of the Rutherfordton Development Ordinance as
stipulated in Article 1.
Rutherfordton Development Ordinance — Article 18 — Page 36

SECTION E. ADOPTION CERTIFICATION.
I hereby certify that this is a true and correct copy of the Flood Damage Prevention Article of the
Rutherfordton Development Ordinance as adopted by the Town Council of the Town of
Rutherfordton, North Carolina, on the day of 52020.
WITNESS my hand and the official seal of the Town of Rutherfordton, North Carolina, this the
day of , 2020. O
V
Mara Short, Town Clerk
Rutherfordton Development Ordinance — Article 18 — Page 37