SW3170302_COMPLIANCE_20170324

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW!
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD

Randall, Mike
From:
Amanda Swayne Fuller <[e-mail]>
Sent:
Friday, March 24, 2017 9:49 AM
To:
Randall, Mike
Subject:
Re: PRICE MILL CREEK HISTORIC MAPS
Attachments:
Wesley Chapel Flood Damage Prevention Ordinance.PDF
Hi Mike! Hope you are having a great week of travel. Thank you so much for your time and patience with my
emails and concerns about The Ridge's stormwater plans.
I wanted to pass along some additional information. Dan Brubaker and I spoke yesterday on the phone, and
these are my notes:
YES - the Price Mill common area (which backs up to multiple properties and contains walking trails) does
contain Special Flood Housing Areas (SFHA). Dan said that the creek was redelineated in the 2008 Flood Insurance
Study. The older (1994) model remained effective, but the floodplain limits were revised based on updated topographic
data. These floodplain limits can be seen on the 3 documents I previously emailed you titled "Price Mill Walking Trails
Fema Zones."
The 2008 SFHA are marked as AE and AE-FW. Dan and I talked a little about what these letters mean and I
looked up these definitions on the FEMA website:
AE - Areas subject to inundation by the 1-percent-annual-chance flood event determined by detailed methods.
Base Flood Elevations (BFEs) are shown. Mandatory flood insurance purchase requirements and floodplain
management standards apply.
AE-FW - Dan said this cross -hatched area is a regulatory floodway. "Regulatory Floodway" means the channel
of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation more than a designated height.
Communities must regulate development in these floodways to ensure that there are no increases in
upstream flood elevations. For streams and other watercourses where FEMA has provided Base Flood
Elevations (BFEs), but no floodway has been designated, the community must review floodplain development
on a case -by -case basis to ensure that increases in water surface elevations do not occur, or identify the need
to adopt a floodway if adequate information is available.
Dan said I needed to refer to the local town ordinance for our flood ordinances, so I am attaching Wesley
Chapel's ordinance for you. I tried to read it, but a lot went over my head.
But here is my summary:
A high density development of 60 homes on 24 acres is proposing to build a large retention pond that will
directly discharge stormwater into a creek that mostly runs through property owned by the Price Mill
neighborhood.
Yes, the discharge pipe is located on The Ridge's property, but almost immediately after the pipe the creek
again becomes Price Mill property. And the pipe is located in the area of creek where Price Mill residents have

repeatedly voiced concerns of creek overflow, standing water, trail washout, and mosquitoes. Then the
stream (still on Price Mill property) becomes regulatory floodway.
The Price Mill neighborhood has repeatedly voiced our concerns to the town zoning administrator, council,
and the developers. But no one seems to hear us or know how to help us. A stormwater engineer lives in our
neighborhood and has stated The Ridge's retention pond and discharge pipe into the stream will create a
large wetlands and make our walking trails unusable. And other than a very small pool, the walking trails are
the only other amenity in our neighborhood. These walking trails are very valuable to our residents and are
used all the time, and we currently have plans to expand them.
How can this new development guarantee that their direct discharge of stormwater will NOT impact and
increase flood levels in this problematic creek that has SFHAs?!? Today the stormwater drains across multiple
acres of land and some also evaporates. The Ridge's large retention pond and discharge pipe will result in
more water and faster water being pumped directly into the creek. The creek that already has flooding issues
and has zones of SFHAs, including a regulatory floodway. The Ridge's stormwater discharge point is upstream
of a regulatory floodway, how can that not be a problem? There is not much distance between the discharge
point and the regulatory floodway. And is there not another way? A different stormwater plan or discharge
point that will not cause additional problems?
Sorry for my frustration, but thank you so much for your attention to this matter. I finally feel like someone is
listening to me and will take a closer look at The Ridge's proposed stormwater plans.
THANK YOU I I
Amanda Fuller
704-904-8117
From: Randall, Mike <[e-mail]>
Sent: Thursday, March 23, 2017 9:08 AM
To: Amanda Swayne Fuller
Subject: Re: PRICE MILL CREEK HISTORIC MAPS
Thank you. I'm planning another review this weekend and this will help!
Sent from my Whone
Mike Randall
Stormwater Permitting Program NC Division of Energy, Mineral and Land Resources (DEMLR)
Office: 919-807-6374
Cell: 919-389-7801
1612 Mail Service Center
Raleigh, NC 27699-1612
Email correspondence to and from this address may be subject to public records laws
On Mar 23, 2017, at 7:43 AM, Amanda Swayne Fuller <swayne [e-mail]> wrote:

Ordinance 2008-13 (Rev. 01-12-2009, 09-14-09 )
FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES.
SECTION A. STATUTORY AUTHORIZATION.
The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3, 5, and 8 of Article 19 of
Chapter 160A; and Article 8 of Chapter 160A of the North Carolina General Statutes, delegated to local governmental units
the responsibility to adopt regulations designed to promote the public health, safety, and general welfare.
Therefore, the Village Council of Wesley Chapel , North Carolina, does ordain as follows:
SECTION B. FINDINGS OF FACT.
(1) The flood prone areas within the jurisdiction of Village of Wesley Chapel are subject to periodic inundation which
results in loss of life, property, health and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely
affect the public health, safety, and general welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights
and velocities and by the occupancy in flood prone areas of uses vulnerable to floods or other hazards.
SECTION C. STATEMENT OF PURPOSE.
It is the purpose of this ordinance to promote public health, safety, and general welfare and to minimize public and private
losses due to flood conditions within flood prone areas by provisions designed to:
(1) restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards or that result
in damaging increases in erosion, flood heights or velocities;
(2) require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the
time of initial construction;
(3) control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the
accommodation of floodwaters;
(4) control filling, grading, dredging, and all other development that may increase erosion or flood damage; and
(5) prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or which may increase
flood hazards to other lands.
SECTION D. OBJECTIVES.
The objectives of this ordinance are to:
(1) protect human life, safety, and health;
(2) minimize expenditure of public money for costly flood control projects;
(3) minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the
general public;
(4) minimize prolonged business losses and interruptions;

(5) minimize damage to public facilities and utilities (i.e. water and gas mains, electric, telephone, cable and sewer lines,
streets, and bridges) that are located in flood prone areas;
(6) help maintain a stable tax base by providing for the sound use and development of flood prone areas; and
(7) ensure that potential buyers are aware that property is in a Special Flood Hazard Area.
ARTICLE 2. DEFINITIONS.
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning
they have in common usage and to give this ordinance its most reasonable application.
"Accessory Structure (Appurtenant Structure)" means a structure located on the same parcel of property as the principal
structure and the use of which is incidental to the use of the principal structure. Garages, carports and storage sheds are
common urban accessory structures. Pole bams, 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.
"Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance.
"Area of Shallow Flooding" means a designated Zone AO on a community's Flood Insurance Rate Map (FIRM) with base
flood depths determined to be from one (1) to three (3) feet. These areas are located where a clearly defined channel does not
exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
"Area of Special Flood Hazard" see "Special Flood Hazard Area (SFHA)".
"Base Flood" means the flood having a one (1) percent chance of being equaled or exceeded in any given year (also know as
the 100-year flood)
"Base Flood Elevation (BFE)" means a determination of the water surface elevations of the base flood as published in the
Flood Insurance Study. When the BFE has not been provided in a "Special Flood Hazard Area", it may be obtained from
engineering studies available from a Federal, State, or other source using FEMA approved engineering methodologies. This
elevation, when combined with the "Freeboard", establishes the "Regulatory Flood Protection Elevation".
"Basement" means any area of the building having its floor subgrade (below ground level) on all sides.
"Building" see "Structure".
"Chemical Storage Facility" means a building, portion of a building, or exterior area adjacent to a building used for the
storage of any chemical or chemically reactive products.
"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.
"Disposal" means, as defined in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or
placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may
enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
"Drainage Easement" means an area of land dedicated for the purpose of conveying stormwater runoff by means of an open
channel or drainage pipe.
"Elevated Building" means a non -basement building which has its lowest elevated floor raised above ground level by
foundation walls, shear walls, posts, piers, pilings, or columns.
"Encroachment" means the advance or infringement of uses, fill, excavation, buildings, structures or development into a
floodplain, which may impede or alter the now capacity of a floodplain.

"Existing Manufactured Home Park or Manufactured Home Subdivision" means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at
a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete
pads) was completed before the initial effective date of the floodplain management regulations adopted by the community.
"FEMA" means Federal Emergency Management Agency, or its designated authority
"Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas
from:
(1) the overflow of inland or tidal waters; and/or
(2) the unusual and rapid accumulation or runoff of surface waters from any source.
"Flood Insurance" means the insurance coverage provided under the National Flood Insurance Program.
"Flood Insurance Rate May (FIRM)" means an official map of a community, issued by the Federal Emergency Management
Agency, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are
delineated.
"Flood Insurance Study (FIS)" means an examination, evaluation, and determination of flood hazards, corresponding water
surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the Federal
Emergency Management Agency. The Flood Insurance Study report includes Flood Insurance Rate Maps (FIRMs) and
Flood Boundary and Floodway Maps (FBFMs), if published.
"Flood Prone Area" see "Floodplain"
"Flood Zone" means a geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects
the severity or type of flooding in the area.
"Floodplain" means any land area susceptible to being inundated by water from any source.
"Floodplain Administrator" is the individual appointed to administer and enforce the floodplain management regulations
"Floodplain Development Permit" means any type of permit that is required in conformance with the provisions of this
ordinance, prior to the commencement of any development activity.
"Floodplain Management" means the operation of an overall program of corrective and preventive measures for reducing
flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to,
emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
"Floodplain Manaeement Regulations" means this ordinance and other zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances, and other applications of police power. This term describes Federal,
State or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and
damage.
"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures
which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures,
and their contents.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.
"Freeboard" means the height added to the Base Flood Elevation (BFE) to account for the many unknown factors that could
contribute to flood heights greater that the height calculated for a selected size flood and floodway conditions, such as wave
action, blockage of bridge openings, and the hydrological effect of urbanization of the watershed. The Base Flood Elevation
(BFE) plus the freeboard establishes the "Regulatory Flood Protection Elevation". Freeboard also means the vertical distance
between the water level and the top of a structure, such as a dam, that impounds or restrains water.

"Functionally Dependent Facility" means a facility which cannot be used for its intended purpose unless it is located in close
proximity to water, limited to a docking or port facility necessary for the loading and unloading of cargo or passengers,
shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities.
"Hazardous Waste Management Facility" means, as defined in NCGS 130A, Article 9, a facility for the collection, storage,
processing, treatment, recycling, recovery, or disposal of hazardous waste.
"Highest Adiacent Grade (HAG)" means the highest natural elevation of the ground surface, prior to construction,
immediately next to the proposed walls of the structure.
"Historic Structure" means any structure that is
(a) listed individually in the National Register of Historic Places (a 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 contributing to the historical significance of
a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered
historic district;
(c) individually listed on a local inventory of historic landmarks in communities with a "Certified Local
Government (CLG) Program'; or
(d) certified as contributing to the historical significance of a historic district designated by a community with a
"Certified Local Government (CLG) Program".
Certified Local Government (CLG) Programs are approved by the US Department of the Interior in cooperation with
the North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the
requirements of the National Historic Preservation Act of 1966 as amended in 1980.
"Lowest Adjacent Grade (LAG)" means the elevation of the ground, sidewalk or patio slab immediately next to the building,
or deck support, after completion of the building.
"Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant
enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement area is
not considered a building's lowest floor, provided that such an enclosure is not built so as to render the structure in violation
of the applicable non -elevation design requirements of this ordinance.
"Manufactured Home" means a structure, transportable in one or more sections, which is built on a permanent chassis and
designed to be used with or without a permanent foundation when connected to the required utilities. The term
"manufactured home" does not include a "recreational vehicle".
"Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
"Market Value" means the building value, not including the land value and that of any accessory structures or other
improvements on the lot. Market value may be established by independent certified appraisal; replacement cost depreciated
for age of building and quality of construction (Actual Cash Value); or adjusted tax assessed values.
"Mean Sea Level" means, for purposes of this ordinance, the National Geodetic Vertical Datum (NGVD) as corrected in
1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical control datum used as a reference
for establishing varying elevations within the floodplain, to which Base Flood Elevations (BFEs) shown on a FIRM are
referenced. Refer to each FIRM panel to determine datum used.
"New Construction" means structures for which the "start of construction" commenced on or after the effective dale of the
initial floodplain management regulations and includes any subsequent improvements to such structures.
"Non -Encroachment Area" means the channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1)
foot as designated in the Flood Insurance Study report.

"Post -FIRM" means construction or other development for which the "start of construction" occurred on or after the effective
date of the initial Flood Insurance Rate Map.
"Pre -FIRM" means construction or other development for which the "start of construction" occurred before the effective date
of the initial Flood Insurance Rate Map.
"Principally Above Ground" means that at least 51%of the actual cash value of the structure is above ground.
"Public Safety" and/or "Nuisance" means anything which is injurious to the safety or health of an entire community or
neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary
manner, of any navigable lake, or river, bay, stream, canal, or basin.
"Public Water Supply System" means any water supply system furnishing potable water to ten or more dwelling units or
businesses or any combination thereof.
"Recreational Vehicle (RV)" means a vehicle, which is:
(a) built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal projection;
(c) designed to be self-propelled or permanently towable by a light duty truck; and
(d) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational,
camping, travel, or seasonal use.
"Reference Level" is the top of the lowest floor for structures within Special Flood Hazard Areas designated as Zone Al-
A30, AE, A, A99 or AO, and represents the portion of the structure/utility that must meet the Regulatory Flood Protection
Elevation
"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 BEE plus two (2) feet of
freeboard. In "Special Flood Hazard Areas" where no BFE has been established, this elevation shall be at least two (22 1 feet
above the highest adjacent grade.
"Remedy a Violation" means to bring the structure or other development into compliance with State and community
floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts
may be reduced include protecting the structure or other affected development from flood damages, implementing the
enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing Federal financial
exposure with regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc
"Runoff' means precipitation from rain or snowfall, which flows over the ground.
"Salvage Yard" means any non-residential property used for the storage, collection, and/or recycling of any type of
equipment, and including but not limited to vehicles, appliances and related machinery.
"Solid Waste Disposal Facility" means any facility involved in the disposal of solid waste, as defined in NCGS 130A-
290(a)(35).
"Solid Waste Disposal Site" means, as defined in NCGS 130A-290(a)(36), any place at which solid wastes are disposed of by
incineration, sanitary landfill, or any other method.
"Svecial Flood Hazard Area (SFHA)" means the land in the floodplain subject to a one percent (1%) or greater chance of
being flooded in any given year, as determined in Article 3, Section B of this ordinance.
"Start of Construction" includes substantial improvement, and means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180
days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land

preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the
main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling,
floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage tank that is
principally above ground.
"Substantial Damage" means damage of any origin sustained by a structure during any one-year period whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred. See definition of "substantial improvement".
"Substantial Improvement" means any combination of repairs, reconstruction, rehabilitation, addition, or other improvement
of a structure, taking place during any one-year period for which the cost equals or exceeds 50 percent of the market value of
the structure before the "start of construction" of the improvement. This term includes structures which have incurred
"substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
(a) any correction of existing violations of State or community health, sanitary, or safety code specifications which
have been identified by the community code enforcement official and which are the minimum necessary to
assure safe living conditions; or
(b) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued
designation as a historic structure.
"Variance" is a grant of relief from the requirements of this ordinance
"Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain
management regulations. A structure or other development without the elevation certificate, other certifications, or other
evidence of compliance required in Articles 4 and 5 is presumed to be in violation until such time as that documentation is
provided.
"Water Surface Elevation (WSE)" means the height, in relation to mean sea level, of floods of various magnitudes and
frequencies in the floodplains of riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at
least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
ARTICLE 3. GENERAL PROVISIONS.
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction, including Extra -Territorial Jurisdictions
(ETJs), of Village of Wesley Chapel
SECTION B. BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS
The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS) agreement between the
State of North Carolina and FEMA in its Flood Insurance Study (FIS) for Union County dated October 16, 2008, and its
accompanying Flood Insurance Rate Map Panels for the Village of Wesley Chapel, also dated October 16, 2008, (4474J,
4475J. 4484J, 4485J, 4486J, 4494J, 4495J, 4496J, 4497J, 5405J, and 5406J) which are adopted by reference and declared to
be a part of this ordinance.
The initial Flood Insurance Rate Maps are as follows for the jurisdictional areas at the initial date:
Union County Unincorporated Area, dated July 18, 1983.
Wesley Chapel, Village of, dated July 18, 1993.

SECTION C. ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT.
A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance prior to the
commencement of any development activities within Special Flood Hazard Areas determined in accordance with the
provisions of Article 3, Section B of this ordinance.
SECTION D. COMPLIANCE.
No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance
with the terms of this ordinance and other applicable regulations.
SECTION E. ABROGATION AND GREATER RESTRICTIONS.
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
SECTION F. INTERPRETATION.
In the interpretation and application of this ordinance, all provisions shall be:
(a) considered as minimum requirements;
(b) liberally construed in favor of the governing body; and
(c) deemed neither to limit nor repeal any other powers granted under State statutes.
SECTION G. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on
scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by man-
made or natural causes. This ordinance does not imply that land outside the Special Flood Hazard Areas or uses permitted
within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of
Village of Wesley Chapel or by any officer or employee thereof for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made hereunder.
SECTION H. PENALTIES FOR VIOLATION.
Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violation of
conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a
misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction
thereof, be fined not more than $500.00 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 Village of Wesley Chapel from
taking such other lawful action as is necessary to prevent or remedy any violation.
ARTICLE 4. ADMINISTRATION.
SECTION A. DESIGNATION OF FLOODPLAIN ADMINISTRATOR.
The Zoning Administrator, or his/her designee , hereinafter referred to as the "Floodplain Administrator", is.hereby
appointed to administer and implement the provisions of this ordinance.
SECTION B. FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT AND CERTIFICATION
REQUIREMENTS.
(1) Application Requirements. Application for a Floodplain Development Permit shall be made to the Floodplain
Administrator prior to any development activities located within Special Flood Hazard Areas. The following items
shall be presented to the Floodplain Administrator to apply for a floodplain development permit:

(a) A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the
proposed floodplain development:
(i) the nature, location, dimensions, and elevations of the area of development/disturbance; existing and
proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage
facilities, and other development;
(i i) the boundary of the Special Flood Hazard Area as delineated on the FIRM or other flood map as
determined in Article 3, Section B, or a statement that the entire lot is within the Special Flood Hazard
Area;
(iii) flood zone(s) designation of the proposed development area as determined on the FIRM or other flood
map as determined in Article 3, Section B;
(iv) the boundary of the floodway(s) or non -encroachment area(s) as determined in Article 3, Section B;
(v) the Base Flood Elevation (BFE) where provided as set forth in Article 3, Section B; Article 4, Section C;
or Article 5, Section D;
(vi) the old and new location of any watercourse that will be altered or relocated as a result of proposed
development; and
(vii) the certification of the plot plan by a registered land surveyor or professional engineer.
(b) Proposed elevation, and method thereof, of all development within a Special Flood Hazard Area including but
not limited to:
(i) Elevation in relation to mean sea level of the proposed reference level (including basement) of all
structures;
(i i) Elevation in relation to mean sea level to which any non-residential structure in Zone AE, A or AO will
be floodproofed; and
(iii) Elevation in relation to mean sea level to which any proposed utility systems will be elevated or
floodproofed.
(c) If floodproofing, a Floodproofing Certificate (FEMA Form 81-65) 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 details include but are not limited to:
(i) The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid
backfilled foundation, open foundation on columns/posts/piers/piles/shear walls); and
(ii) Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with
Article 5, Section C(4)(c) when solid foundation perimeter walls are used in Zones A, AO, AE, and AI-
30.
(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
issuance have been received.
8

(h) Documentation for placement of Recreational Vehicles and/or Temporary Structures, when applicable, to
ensure that the provisions of Article 5, Section B, subsections (6) and (7) of this ordinance are met.
(i) A description of proposed watercourse alteration or relocation, when applicable, including an
engineering report on the effects of the proposed project on the flood -carrying capacity of the
watercourse and the effects to properties located both upstream and downstream; and a map (if not
shown on plot plan) showing the location of the proposed watercourse alteration or relocation.
(2) Permit Requirements. The Floodplain Development Permit shall include, but not be limited to
(a) A description of the development to be permitted under the floodplain development permit.
(b) The Special Flood Hazard Area determination for the proposed development in accordance with available data
specified in Article 3, Section B.
(c) The Regulatory Flood Protection Elevation required for the reference level and all 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, as applicable.
(g) The flood openings requirements, if in Zones A, AO, AE or Al-30.
(h) Limitations of below BFE enclosure uses (if applicable). (I.e., parking, building access and limited storage
only).
(3) Certification Requirements.
(a) Elevation Certificates
(i) An Elevation Certificate (FEMA Form 81-31) 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.
(ii) An Elevation Certificate (FEMA Form 81-31) is required after the reference level is established. Within
seven (7) calendar days of establishment of the reference level elevation, it shall be the duty of the permit
holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in
relation to 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 reviewshallbe 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.
(iii) A final as -built Elevation Certificate (FEMA Form 81-31) 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 81-65), 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 mean sea level. 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.
(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 Article 5, Section C(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.
(e) Certification Exemptions. The following structures, if located within Zone A, AO, AE or AI-30, are exempt
from the elevation/floodproofing certification requirements specified in items (a) and (b) of this subsection:
(i) Recreational Vehicles meeting requirements of Article 5, Section B(4) and Article 5, Section C(6)(a);
(ii) Temporary Structures meeting requirements of Article 5, Section B(5) and Article 5, Section C(7); and
(iii) Accessory Structures less than 150 square feet meeting requirements of Article 5, Section B(6) and
Article 5, Section C(8).
SECTION C. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
The Floodplain Administrator shall, with the assistance of the Village's Engineering Consultant as necessary, perform,
but not be limited to, the following duties:
(1) Review all floodplain development applications and issue permits for all proposed development within Special Flood
Hazard Areas to assure that the requirements of this ordinance have been satisfied.
(2) Review all proposed development within Special Flood Hazard Areas to assure that all necessary Local, State and
Federal permits have been received.
(3) Notify adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of
Emergency Management, State Coordinator for the National Flood Insurance 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 Article 5, Section F are met.
(6) Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and all attendant
utilities of all new and substantially improved structures, in accordance with the provisions of Article 4, Section B(3).
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(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 Article 4, Section B(3).
(8) Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of Article
4, Section B(3).
(9) When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer
or architect in accordance with the provisions of Article 4, Section B(3) and Article 5, Section C(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 the provisions of Article 3, Section
B, obtain, review, and reasonably utilize any BFE data, along with floodway data or non -encroachment area data
available from a Federal, State, or other source, including data developed pursuant to Article 5, Section 1)(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 the provisions of Article 3, Section B, obtain, review, and reasonably utilize any floodway data or
non -encroachment area data available from a Federal, State, or other source in order to administer the provisions of
this ordinance.
(13) When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a parcel in a
Special Flood Hazard Area is above the Base Flood Elevation (BFE), advise the property owner of the option to apply
for a Letter of Map Amendment (LOMA) from FEMA. Maintain a copy of the LOMA issued by FEMA in the
floodplain development permit file.
(14) Permanently maintain all records that pertain to the administration of this ordinance and make these records available
for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended.
(15) Make on -site inspections of work in progress. As the work pursuant to a floodplain development permit progresses,
the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work
is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power,
the Floodplain Administrator has a right, upon presentation of proper credentials, to enter on any premises within the
jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action.
(16) Issue stop -work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or
repaired in violation of this ordinance, the Floodplain Administrator may order the work to be immediately stopped.
The stop -work order shall be in writing and directed to the person doing or in charge of the work. The stop -work order
shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the
work may be resumed. Violation of a stop -work order constitutes a misdemeanor.
(17) Revoke floodplain development permits as required. The Floodplain Administrator may revoke and require the return
of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation.
Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for
refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations
made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable State
or local law may also be revoked.
(18) Make periodic inspections throughout the Special Flood Hazard Areas within the jurisdiction of the community. The
Floodplain Administrator and each member of his or her inspections department shall have a right, upon presentation
of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable
hour for the purposes of inspection or other enforcement action.
(19) Follow through with corrective procedures of Article 4, Section D.
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(20) Review, provide input, and make recommendations for variance requests.
(21) Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and other official flood maps
and studies adopted in accordance with the provisions of Article 3, Section B 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-Fs) and
Letters of Map Revision (LOMRs).
SECTION D. CORRECTIVE PROCEDURES.
(1) Violations to be Corrected: When the Floodplain Administrator finds violations of applicable State and local laws, it
shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall
immediately remedy each of the violations of law cited in such notification.
(2) Actions in Event of Failure to Take Corrective Action: If the owner of a building or property shall fail to take prompt
corrective action, the Floodplain Administrator shall give the owner written notice, by certified or registered mail to
the owner's last known address or by personal service, stating:
(a) that the building or property is in violation of the floodplain management regulations;
(b) that a hearing will be held before the Floodplain Administrator at a designated place and time, not later than ten
(10) days after the date of the notice, at which time the owner shall be entitled to be heard in person or by
counsel and to present arguments and evidence pertaining to the matter; and
(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,
he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified
time period, not less than sixty (60) calendar days, nor more than one hundred eighty (180) calendar days. Where the
Floodplain Administrator finds that there is imminent danger to life or other property, he or she may order that
corrective action be taken in such lesser period as may be feasible.
(4) Appeal: Any owner who has received an order to take corrective action may appeal the order to the 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 misdemeanor and shall be punished at the discretion of the court.
SECTION E. VARIANCE PROCEDURES.
(1) The Board of Adjustment as established by the Village of Wesley Chapel, 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;
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(b) functionally dependent facilities if determined to meet the definition as stated in Article 2 of this ordinance,
provided provisions of Article 4, Section E(9)(b), (c), and (e) have been satisfied, and such facilities are
protected by methods that minimize flood damages during the base flood and create no additional threats to
public safety; or
(c) any other type of development, provided it meets the requirements of this Section.
(4) In passing upon variances, the appeal board shall consider all technical evaluations, all relevant factors, all standards
specified in other sections of this ordinance, and:
(a) the danger that materials may be swept onto other lands to the injury of others;
(b) the danger to life and property due to flooding or erosion damage;
(c) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the
individual owner;
(d) the importance of the services provided by the proposed facility to the community;
(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 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 BFE
increases risks to life and property, and that the issuance of a variance to construct a structure below the BFE 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.
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(c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering
the flood hazard, to afford relief.
(d) Variances shall only be issued prior to development permit approval.
(e) Variances shall only be issued upon:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the variance would result in exceptional hardship; and
(iii) a determination that the granting of a variance will not result in increased flood heights, additional threats
to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the
public, or conflict with existing local laws or ordinances.
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION.
SECTION A. GENERAL STANDARDS.
In all Special Flood Hazard Areas the following provisions are required:
(1) All new construction and substantial improvements shall be designed (or modified) and adequately anchored to
prevent flotation, collapse, and lateral movement of the structure.
(2) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant
to flood damage.
(3) All new construction and substantial improvements shall be constructed by methods and practices that minimize flood
damages.
(4) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed
and/or located so as to prevent water from entering or accumulating within the components during conditions of
_ flooding to the Regulatory Flood Protection Elevation. 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.
(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) Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the provisions of
this ordinance, shall meet the requirements of "new construction" as contained in this ordinance.
(9) 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.
(10) New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical
storage facilities shall not be permitted.
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(11) All subdivision proposals and other development proposals shall be consistent with the need to minimize flood
damage.
(12) 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.
(13) All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure
to flood hazards.
(14) 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.
(15) 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.
(16) 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 (BFE)
shall apply.
SECTION B. SPECIFIC STANDARDS FOR LOTS RECORDED ON OR AFTER AUGUST 22, 2000
In all Special Flood Hazard Areas where Base Flood Elevation (BEE) data has been provided, as set forth in Article 3,
Section B, or Article 5, Section D, the following provisions, in addition to the provisions of Article 5, Section A, are
required:
(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 and shall be located outside the limits of the SFHA, as defined in Article 2 of this ordinance.
(2) Non -Residential Construction. New construction and substantial improvement of any commercial, industrial, or other
non-residential structure shall have the reference level, including basement, elevated no lower than the Regulatory
Flood Protection Elevation and shall be located outside the limits of the SFHA, as defined in Article 2 of this
ordinance,
(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 and shall be located outside the limits of the
SFHA, as defined in Article 2 of this ordinance.
(4) Recreational Vehicles. Recreational vehicles shall either:
(a) be on site for fewer than 180 consecutive days and 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); or
(b) meet all the requirements for new construction.
(5) 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. Time specified may not exceed three (3)
months, renewable up to one (1) year;
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(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.
(6) Accessory Structures. When accessory structures (sheds, detached garages, etc.) are to be placed within a Special
Flood Hazard Area, the following criteria shall be met:
(a) Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking or
restroom areas);
(b) Accessory structures shall not be temperature -controlled;
(c) Accessory structures shall be designed to have low Flood damage potential;
(d) Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance
to the flow of floodwaters;
(e) Accessory structures shall be firmly anchored in accordance with the provisions of Article 5, Section A(]); .
(f) All service facilities such as electrical shall be installed in accordance with the provisions of Article 5, Section
A(4); and
(g) Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below
Regulatory Flood Protection Elevation in conformance with the provisions of Article 5, Section C(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 Article 4, Section B(3).
(7) Recordation of Lots Within SFHA. Prior to recordation of lots within the SFHA, as defined in Article 2 of this
ordinance, the following provisions shall be met:
(a) Lots wholly located within the SFHA: No proposed residential or non-residential building lot, excepting lots
strictly to be used for recreational purposes and without a structure, that is wholly located within the SFHA
shall be approved.
(b) Lots partially located within the SFHA:
(i) No proposed residential or non-residential building lot that is partially located within the SFHA shall be
approved unless there is established on the lot plan a contour line representing the Regulatory Flood
Protection Elevation, as defined in Article 2 of this ordinance. All buildings or structures shall be located
on such a lot so that the lowest floor, as defined in Article 2 of this ordinance, shall not be below the
Regulatory Flood Protection Elevation.
(ii.) Where only a portion of a proposed lot is located within the SFHA, such lot may be approved only if it
has:
a. An area that is located outside the SFHA that is equal to or exceeds the minimum lot size for the
zoning district; and
b. Available for building a usable lot area of not less than 5,000 square feet of contiguous area. The
usable lot area shall be determined by deducting from the total lot area the area of all yard setbacks
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required by the applicable zoning regulations, areas within restrictive easements, and any
remaining area of the lot lying below the Regulatory Flood Protection Elevation contour line.
(8) Dryland Access. Access to Habitable Buildings during a flood event is extremely hazardous. Dryland Access must be
provided to new or Substantially Improved Habitable Buildings according to the following criteria:
(a) Dryland Access is required if any portion of either the Habitable Building or vehicular access route, connecting
the Habitable Building to a public street, is within the SFHA. If Dryland Access cannot be obtained, a Variance
to the requirements for Dryland Access may be granted by the Board of Adjustment. Plans and details for the
Dryland Access must be submitted by a registered professional engineer or surveyor and approved by the
Floodplain Administrator.
(b) The following are exempt from the Dryland Access requirement.
(i) Substantial Improvement to an existing Habitable Building where the property does not have any access
to a non -flooding street.
(ii) Construction of a new Habitable Building where both the Habitable Building and the access route
connecting it to a street , are located entirely outside the floodway and where the property does not have
any access to a non -flooding street. Under this exemption, access from the Habitable Building to the
street must:
a. Connect to the highest point of the public street adjacent to the property;
b. Be constructed of gravel, pavement or concrete and be at least 12' wide; and
C. Be constructed entirely at or above the elevation of highest point of the public street adjacent to
the property
SECTION C. SPECIFIC STANDARDS FOR LOTS RECORDED PRIOR TO AUGUST 22, 2000
In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data has been provided, as set forth in Article 3,
Section B, or Article 5, Section D, the following provisions, in addition to the provisions of Article 5, Section A, are
required:
(1) Residential Construction. New construction and substantial improvement of any residential structure (including
manufactured homes) shall have the reference level, including basement, elevated no lower than the Regulatory Flood
Protection Elevation, as defined in Article 2 of this ordinance.
(2) Non -Residential Construction. New construction and substantial improvement of any commercial, industrial, or other
non-residential structure shall have the reference level, including basement, elevated no lower than the Regulatory
Flood Protection Elevation, as defined in Article 2 of this ordinance. Structures located in A, AE, AO, and Al-30
Zones 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 Article 5, Section G(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 Article 4, Section B(3), along with the operational plan and the
inspection and maintenance plan.
(3) Manufactured Homes.
(a) New and replacement manufactured homes shall be elevated so that the reference level of the manufactured
home is no lower than the Regulatory Flood Protection Elevation, as defined in Article 2 of this ordinance.
(b) Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation,
collapse, and lateral movement, either by certified engineered foundation system, or in accordance with the
most current edition of the State of North Carolina 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
17

supported by reinforced piers or engineered foundation. When the elevation of the chassis is above thirty-six
(36) inches in height, an engineering certification is required.
(c) All enclosures or skirting below the lowest floor shall meet the requirements of Article 5, Section C(4).
(d) An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or
substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan
shall be filed with and approved by the Floodplain Administrator and the local Emergency Management
Coordinator.
(4) Elevated Buildings. Fully enclosed area, of new construction and substantially improved structures, which is below
the lowest floor:
(a) shall not be designed or used for human habitation, but shall only be used for parking of vehicles, building
access, or limited storage of maintenance equipment used in connection with the premises. Access to the
enclosed area shall be the minimum 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 elevator). The
interior portion of such enclosed area shall not be finished or partitioned into separate rooms, except to enclose
storage areas;
(b) shall be constructed entirely of flood resistant materials at least to the Regulatory Flood Protection Elevation;
and
(c) shall include, in Zones A, A0, AE, and AI-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:
(i) A minimum of two flood openings on different sides of each enclosed area subject to flooding;
(ii) The total net area of all flood openings must be at least one (1) square inch for each square foot of
enclosed area subject to flooding;
(iii) If a building has more than one enclosed area, each enclosed area must have flood openings to allow
floodwaters to automatically enter and exit;
(iv) The bottom of all required flood openings shall be no higher than one (1) foot above the adjacent grade;
(v) Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they
permit the automatic flow of floodwaters in both directions; and
(vi) Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and,
therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status,
is considered an enclosure and requires flood openings as outlined above.
(5) Additions/Improvements.
(a) Additions and/or improvements to pre -FIRM structures when the addition and/or improvements in combination
with any interior modifications to the existing structure are:
(i) not a substantial improvement, the addition and/or improvements must be designed to minimize flood
damages and must not be any more non -conforming than the existing structure.
(i i) a substantial improvement, both the existing structure and the addition and/or improvements must
comply with the standards for new construction.
(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 for new construction.
18

(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.
(ii) a substantial improvement, both the existing structure and the addition and/or improvements must
comply with the standards for new construction.
(6) Recreational Vehicles. Recreational vehicles shall either:
(a) be on site for fewer than 180 consecutive days and 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); or
(b) 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. Time specified may not exceed three (3)
months, renewable up to one (1) year;
(b) the name, address, and phone number of the individual responsible for the removal of the temporary structure;
(c) the time frame prior to the event at which a structure will be removed (i.e., minimum of 72 hours before landfall
of a hurricane or immediately upon flood warning notification);
(d) a copy of the contract or other suitable instrument with the entity responsible for physical removal of the
structure; and
(e) designation, accompanied by documentation, of a location outside the Special Flood Hazard Area, to which the
temporary' structure will be moved.
(8) Accessory Structures. When accessory structures (sheds, detached garages, etc.) are to be placed within a Special
Flood Hazard Area, the following criteria shall be met:
(a) Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking or
restroom areas);
(b) Accessory structures shall not be temperature -controlled;
(c) Accessory structures shall be designed to have low flood damage potential;
(d) Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance
to the flow of floodwaters;
(e) Accessory structures shall be firmly anchored in accordance with the provisions of Article 5, Section A(1);
(f) All service facilities such as electrical shall be installed in accordance with the provisions of Article 5, Section
A(4); and
(g) Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below
Regulatory Flood Protection Elevation in conformance with the provisions of Article 5, Section C(4)(c).
19

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 Article 4, Section B(3).
SECTION D. STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD
ELEVATIONS.
Within the Special Flood Hazard Areas designated as Approximate Zone A and established in Article 3, Section B, where no
Base Flood Elevation (BEE) data has been provided by FEMA, the following provisions, in addition to the provisions of
Article 5, Section A, shall apply:
(1) No encroachments, including fill, new construction, substantial improvements or new development shall be permitted
within a distance of twenty (20) feet each side from top of bank or five times the width of the stream, whichever is
greater, unless certification with supporting technical data by a registered professional engineer is provided
demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the
base flood discharge.
(2) The BEE used in determining the Regulatory Flood Protection Elevation shall be determined based on the following
criteria:
(a) When Base Flood Elevation (BEE) data is available from other sources, all new construction and substantial
improvements within such areas shall also comply with all applicable provisions of this ordinance and shall be
elevated or floodproofed in accordance with standards in Article 5, Sections A and B.
(b) When floodway or non -encroachment data is available from a Federal, State, or other source, all new
construction and substantial improvements within floodway and non -encroachment areas shall also comply with
the requirements of Article 5, Sections B and F.
(c) All subdivision, manufactured home park and other development proposals shall provide 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 (BEE) data shall be adopted by reference in accordance with Article 3,
Section B and utilized in implementing this ordinance.
(d) When Base Flood Elevation (BEE) 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 2. All other applicable provisions of Article 5, Section B shall also
apply.
SECTION E. STANDARDS FOR RIVERINE FLOODPLAINS WITH BASE FLOOD ELEVATIONS BUT
WITHOUT ESTABLISHED FLOODWAYS OR NON -ENCROACHMENT AREAS.
Along rivers and streams where Base Flood Elevation (BEE) data is provided by FEMA or is available from another source
but neither floodway nor non -encroachment areas are identified for a Special Flood Hazard Area on the FIRM or in the FIS
report, the following requirements shall apply to all development within such areas:
(1) Standards of Article 5, Sections A and B; and
(2) Until a regulatory floodway or non -encroachment area is designated, no encroachments, including fill, new
construction, substantial improvements, or other development, shall be permitted unless certification with supporting
technical data by a registered professional engineer is 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.
SECTION F. FLOODWAYS AND NON -ENCROACHMENT AREAS.
Areas designated as floodways or non -encroachment areas are located within the Special Flood Hazard Areas established in
Article 3, Section B. The floodways and non -encroachment areas are extremely hazardous areas due to the velocity of
floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to
20

standards outlined in Article 5, Sections A and B, shall apply to all development within such areas:
(1) No encroachments, including fill, new construction, substantial improvements and other developments shall be
permitted unless:
(a) it is demonstrated that the proposed encroachment would not result in any increase in the flood 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, or
(b) a Conditional Letter of Map Revision (CLOMR) has been approved by the Village of Wesley Chapel and
FEMA. A Letter of Map Revision (LOMR) must also be obtained upon completion of the proposed
encroachment.
(2) If Article 5, Section F(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 Article 5, Section C(3); and
(b) the no encroachment standard of Article 5, Section F(1).
(4) Development which causes a rise of greater than 0.00' in the FEMA Base Flood Elevation and impacts an existing
Habitable Building will not be allowed.
SECTION G. STANDARDS FOR AREAS OF SHALLOW FLOODING (ZONE AO).
Located within the Special Flood Hazard Areas established in Article 3, Section B, 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 Article 5,
Sections A and 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 Article 5, Section
G(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
Article 4, Section B(3) and Article 5, Section B(2).
(3) Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from
proposed structures.
SECTION H. SPECIAL PROVISIONS FOR SUBDIVISIONS.
An applicant for a major development permit authorizing a major subdivision, and an applicant for minor subdivision final
plat approval, shall be responsible for compliance with the use and construction restrictions contained in this ordinance if any
portion of the land to be subdivided lies within a floodway or SFHA, as defined in Article 2 of this ordinance.
Final plat approval for any subdivision containing land that lies within a floodway or SFHA shall not be granted unless the
plat shows the boundary of all floodway and/or SFHA and contains in clearly discernible print the following statement: "Use
of land within a floodway or Special Flood Hazard Area (SFHA) is substantially restricted by the Village of Wesley Chapel
Zoning Ordinance."
21

Any major development permit for a major subdivision and any minor subdivision final plat approval shall not be granted if:
(1) The land to be subdivided lies within a zone where residential uses are permissible and it reasonably appears that the
proposed subdivision is configured to create residential building lots that infringe on floodways or non -encroachment
areas or the SFHA; and
(2) Any portion of one or more of the proposed lots lies within a floodway or SFHA; and
(3) It reasonably appears that one or more lots could not practicably be used as a residential building site because of the
restrictions set forth in this ordinance.
SECTION 1. WATER SUPPLY AND SANITARY SEWER SYSTEMS IN FLOODWAYS, NON -
ENCROACHMENT AREAS AND SPECIAL FLOOD HAZARD AREAS (SFHA).
Whenever any portion of a proposed development is located within a floodway or SFHA, the agency or agencies responsible
for certifying to the Village the adequacy of the water supply and sewage disposal systems for the development (as set forth
in the Village of Wesley Chapel Subdivision Regulations) shall be informed by the developer that a specified area within the
development lies within a floodway or SFHA. Thereafter, approval of the proposed system by that agency shall constitute a
certification that:
(1) Such water supply system is designed to minimize or eliminate infiltration of floodwaters into it;
(2) Such sanitary sewer system is designed to minimize or eliminate infiltration of floodwaters into it and discharges from
it into floodwaters; and
(3) Any on -site sewage disposal system is located to avoid impairment to it or contamination from it during flooding.
SECTION J. LOCATION OF BOUNDARIES OF SPECIAL FLOOD HAZARD AREAS (SFHA) AND
FLOODWAY DISTRICTS
As used in this article, the terms SFHA and floodway refer in the first instance to certain areas whose boundaries are
determined and can be located on the ground by reference to the specific fluvial characteristics set forth in the definitions of
these terms. These terms also refer to overlay zoning districts SFHAs shown on the maps referenced in Article 3, Section B
of this ordinance, which boundaries are intended to correspond to the actual, physical location of floodways, non -
encroachment areas and SFHAs. These overlay districts thus differ from other zoning districts, whose boundaries are
established solely according to planning or policy, rather than physical, criteria. Therefore, the administrator is authorized to
make necessary interpretations as to the exact location of the boundaries of floodways, non -encroachment areas or SFIIAs if
there appears to be a conflict between a mapped boundary and actual field conditions.
SECTION K. SETBACKS FROM STREAMS OUTSIDE DESIGNATED SPECIAL FLOOD HAZARD AREAS
(SFHA)
Flood limits of any stream shown on the National Flood Insurance Program Flood Insurance Rate Map (FIRM) designated as
a zone A or zone AE flood hazard area shall have those limits drawn on the plat to proper scale and certified by a duly
licensed Professional Engineer or registered Land Surveyor by the State of North Carolina. If the stream is shown on the
FIRM with flood elevations, the flooding limits are to be drawn based on the ground survey. If detailed flood elevations do
not exist, the applicant may obtain a letter of map amendment (LOMA) or letter of map revision (LOMR) from the Federal
Emergency Management Agency (FEMA) for use as a basis of the regulatory flood protection elevation. For lots outside of a
detailed study area (zone A) as shown on the FIRM for which no LOMA or LOMR exists, and where the proposed
subdivision, manufactured home park or other development is greater than five (5) acres or has more than fifty (50)
lots/manufactured home sites, the Base Flood Elevation data shall be calculated. In all cases, the regulatory flood protection
elevation shall be set as described in this ordinance.
For all other lots located outside of a detailed study area (zone A) as shown on the FIRM for which no LOMA or LOMR
exists, a regulatory flood protection elevation shall be established as two feet above the highest adjacent drainage easement
grade.
22

In all cases where lots are upstream from street crossings, the regulatory flood protection elevation shall be established as
described in this subsection or set two feet above the low elevation of the street, whichever is greater, and shown on the plat.
Drainage easements shall be established and recorded for all lots containing storm drainage pipes or channels. No structure,
with the exception of a fence, shall be erected across or within a drainage easement. Fences are allowed within drainage
easements provided the fence does not restrict or obstruct the natural flow of water in an open channel. The following table
shall be used as a minimum for drainage easements for all open channels and streams:
(a)
Less than 25 acres: 20 feet.
(b)
Less than 50 acres: 30 feet.
(c)
Less than 75 acres: 40 feet.
(d)
Greater than 75 acres: 50 feet.
In addition, all drainage pipes shall have a minimum drainage easement width of 20 feet. The strip of land in the drainage
easement to a stream or river shall be retained in its natural vegetative state unless prior approval from the zoning
administrator is obtained. The values provided in the table above are intended for a guide and as a minimum and is not
intended to be used in place of accepted engineering practices.
Each plat containing drainage easements for watershed areas exceeding 50 acres will require the following engineering
certification:
I , a duly registered Professional Engineer, licensed in the State of North Carolina, do hereby
certify that the drainage easements shown on this plat are sufficient to carry the one hundred (100) year storm runoff
within the easement limits as shown.
N.C. P.E. # Date
(Signature and Sea])
SECTION L. ARTIFICIAL OBSTRUCTIONS WITHIN FLOODWAYS AND NON-ENROACHMENT AREAS
PROHIBITED. (rev. 09.14.09)
No artificial obstruction may be located within any floodway.
For purposes of this section, the term "artificial obstruction' means any obstruction, other than a natural obstruction, that is
capable of reducing the flood carrying capacity of a stream or may accumulate debris and thereby reduce the flood carrying
capacity of a stream. A natural obstruction includes any rock, tree, gravel, or analogous natural matter that is an obstruction
and has been located within the floodway by a nonhuman cause.
ARTICLE 6. LEGAL STATUS PROVISIONS (rev. 09.14.09)
SECTION A. EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD DAMAGE
PREVENTION ORDINANCE.
This ordinance in part comes forward by re-enactment of some of the provisions of the Flood Damage Prevention Ordinance
enacted August 22, 2000 as amended, and it is not the intention to repeat 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 Village of Wesley Chaff enacted on August 22, 2000 ,
as amended, which are not reenacted herein are repealed.
The date of the initial Flood Damage Prevention Ordinance for Union County is _May 24, 1983
SECTION B. EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PERMITS.
Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or
23

any part thereof for which a Floodplain development permit has been granted by the Floodplain Administrator or his or her
authorized agents before the time of passage of this ordinance; provided, however, that when construction is not begun under
such outstanding permit within a period of six (6) months subsequent to the date of issuance of the outstanding permit,
construction or use shall be in conformity with the provisions of this ordinance.
SECTION C. SEVERABILITY.
If any section, clause, sentence, or phrase of the Ordinance is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance.
SECTION D. EFFECTIVE DATE.
This ordinance shall become effective January 12, 2009.
SECTION E. ADOPTION CERTIFICATION.
I hereby certify that this is a true and correct copy of the Flood Damage Prevention Ordinance as adopted by the Village
Council of the Village of Wesley Chapel, North Carolina, on the 12" day of January, 2009.
WITNESS my hand and the official seal of Village of Wesley Chapel, this the 12" day of January, 2009.
(signature) Cheryl Bennett, Clerk
24

Randall, Mike
From: Amanda Swayne Fuller <[e-mail]>
Sent: Thursday, March 23, 2017 7:41 AM
To: Randall, Mike
Subject: Fw: PRICE MILL CREEK HISTORIC MAPS
Attachments: Price Mill Walking Trails FEMA Zones with 2015 Aerials.docx; Price Mill Walking Trails
1994 FEMA Zones.docx; Price Mill Walking Trails 2008 FEMA Zones.docx;
Walking_tra i I_washout.zi p.zi p_rena med
Good morning! I promise to stop bothering you :) but I wanted to forward you the GIS maps and flood zone
questions that I just sent to Dan Brubaker and Terry Foxx at NCDPS. I have been told repeatedly that our
common area is part of a flood zone and I am trying to get confirmation of this - hoping it will change The
Ridge's plans to pump stormwater directly into the stream running down the flood plain of Price Mill owned
property. When they reply, I will forward on their response.
This forwarded also contains 2 pictures of part of Price Mill's trail washed out from this past January. This is
just one example of problems we deal with because the stream overflows (often). And I firmly believe that
directly pumping stormwater into this stream is going to create large wetlands and destroy our walking trails,
one of the few amenities we have in Price Mill. 19
Thanks for your time!
Amanda Fuller
From: Amanda Swayne Fuller <[e-mail]>
Sent: Thursday, March 23, 2017 7:31 AM
To: Brubaker, Dan
Cc: Foxx, Terry
Subject: Re: PRICE MILL CREEK HISTORIC MAPS
Hello Dan and Terry!
Dan - thank you for taking time to speak with me earlier this week. I do have additional questions - not sure if
you or Terry would be best to answer them...
I am attaching screen shots from the Union County GIS Maps of the Price Mill HOA owned and maintained
common area (outlined in red). This common area backs up to many houses in our neighborhood and is where
the neighborhood walking trails and small swimming pool are located. The stream in this outlined area
overflows many times per year and causes problems with standing water, trail washout, and mosquitoes. I am
also attaching a picture of trail washout from a storm this past January.
These 2 screen shots show FEMA flood zone areas (there is a difference between the 1994 map and the 2008
map). To me, in both maps, it looks like the majority of our common area is marked as FEMA Zones A, AE, AE,
and FW. Could you please define these abbreviations for me in terms of flood risk? Are those Special Flood

Hazard Areas (SFHA)? And does designation as SFHA restrict neighboring development from pumping
stormwater runoff directly into this stream?
I really really appreciate your time helping me understand this. The Price Mill neighborhood is extremely
worried about the large development planned next door. They will be pumping/discharging water from a large
retention pond directly into this problematic stream -- which will increase flooding, standing water,
mosquitoes, and possibly the complete washout of our neighborhood walking trails.
The large development planned next door will consist of 60 houses on 24 acres and the construction of a 12.5
ft retaining wall down the front part of the property between our neighborhoods. This land was originally
zoned for 1 house per acre but due to required subtractions for roads, etc. there would have been
approximately 18 houses built on 24 acres. I firmly believe this increased density will be detrimental to
stormwater runoff into the stream running down Price Mill's common area.
Thank you so much for your time! I really really appreciate your help. Please call or email if you need any
additional information to answer my questions.
Amanda Fuller
704-904-8117
From: Brubaker, Dan <[e-mail]>
Sent: Monday, March 20, 2017 4:33 PM
To: [e-mail]
Cc: Foxx, Terry
Subject: PRICE MILL CREEK HISTORIC MAPS
Good afternoon, Ms. Fuller. Attached are two historic flood maps of the area you asked me about this afternoon. As
you can see, the small tributary to the west of Pumpernickel Lane is shown, but there is not a Special Flood Hazard Area
(SFHA) associated with it. For issues associated with drainage channels outside of the SFHA, I generally refer citizens to
the local Planning, Inspections, Engineering, or Stormwater Department. Before undertaking any work in the stream,
please coordinate with (at least) the Corps of Engineers and Fish & Wildlife to see if there are any environmental
considerations. The local permitting department should be able to help you contact the relevant persons.
Please let me know if you have any other questions.
Best regards,
Dan Brubaker
John D. Brubaker, PE, CFM
NFIP Coordinator
NC Department of Public Safety
Risk Management Section
4218 Mail Service Center
Raleigh, NC 27699-4218
[phone]
dan.brubakerCa ncdps.gov
www.ncdps.aov

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Randall, Mike
From: Jeremy Roberts <[e-mail]>
Sent: Wednesday, March 22, 2017 1:58 PM
To: Randall, Mike
Cc: 'Kevin Williams'; 'John Ross'
Subject: RE: Additional Information Request SW3170302 5213-The Ridge at Wesley Chapel: PDF
Site Plan Request
Attachments: C-3.8 - BMP Pl.pdf; C-3.9 - BMP P2.pdf; 5213 - POST-DEV DA MAP - 2017-03-20.pdf;
5213 - PRE-DEV DA MAP - 2017-03-20.pdf; 5213 - Wet Detention Pond 1- Calculations
- 2017-03-20.pdf; 5213 - Wet Detention Pond 2 - Calculations - 2017-03-20.pdf
Mike,
Please see attached the updated s®readshes andthepond plan she' s. Pond 1 didn't really change but Pond 2 1
changed the orifice size and we haome slight sio o address Town of Wesley Chapel comments. The
pond size decreased a very small amount but we are still providing well above the minimum water quality requirements.
Please let me know if you need anything else or have any questions for us.
Thanks,
Jeremy Roberts
Eagle Engineering, Inc.
Civil Project Manager
(704)-893-1263 - Direct
(704)-882-4222 - Office
irobertsta7eaaleonline. net
2013 Van Buren Avenue, Suite A
Indian Trail, NC 28079
www.eagleonline.net
FN A N E RUN G
Any attached files are t'or infonnation use only. Eagle Engineering, Inc. (EEI) assumes no responsibility for the accmncy or the validity of any electronic data. All
construction should Billow signed and sealed const uction documents. The content of this email is the confidential property of EEI and should not be copied, modified,
retransmitted, or used for any propose except with EErs written authorization. If you are not the intended recipient. please delete all copies and notify us immediately.
From: Randall, Mike (mailto:[e-mail]]
Sent: Wednesday, March 22, 2017 11:45 AM
To: Jeremy Roberts
Cc: Kevin Williams; John Ross
Subject: Re: Additional Information Request SW3170302 5213-The Ridge at Wesley Chapel: PDF Site Plan Request
Just email me the revised spreadsheets and plans.
Sent from my Whone
Mike Randall
Stormwater Permitting Program NC Division of Energy, Mineral and Land Resources (DEMLR)
Office: 919-807-6374

Cell: 919-389-7801
1612 Mail Service Center
Raleigh, NC 27699-1612
Email correspondence to and from this address may be subject to public records laws
On Mar 22, 2017, at 10:48 AM, Jeremy Roberts <jroberts(a�eagleonline.net> wrote:
just email you revised spreadsheets and plans for your review

Randall, Mike
From: Jeremy Roberts <[e-mail]>
Sent: Wednesday, March 22, 2017 10:49 AM
To: Randall, Mike
Cc: 'Kevin Williams'; 'John Ross'
Subject: RE: Additional Information Request SW3170302 5213-The Ridge at Wesley Chapel: PDF
Site Plan Request
Mike,
I left you a voice message but wanted to follow up with an email. Please see below in red & blue and let me know what
you think.
If you agree with what I came up with below can we just email you revised spreadsheets and plans for your review or do
we need to make another paper submittal?
Thank you for looking at this so quickly. We really appreciate it!
Because of contractual obligations and Town of Wesley Chapel meeting schedules we need to have all approvals by
March 31. Do you see any issues with us having your approval by then?
Thanks,
Jeremy Roberts
Eagle Engineering, Inc.
Civil Project Manager
(704)-893-1263 - Direct
(704)-882-4222 - Office
iroberts(a.eaaleon line. net
2013 Van Buren Avenue, Suite A
Indian Trail, NC 28079
www.eagleonline.net
NkiN EAl 14 t
0
Any attached tiles are tie information use only. Eagle Engineering, Inc. (EEI)assmnes no responsibility for the accuracy or the validity of any electronic data. All
construction should follow signed and sealed construction documents. The content of this email is the confidential property of EEI and should not be copied, modified,
retransmitted, or used for any propose except with EEI's written authorization. If you arc not the intended necipienl, please delete all topics and notify us immediately.
From: Kevin Williams [mailto:[e-mail]]
Sent: Wednesday, March 22, 2017 8:46 AM
To: 'Jeremy Roberts'
Subject: FIN: Additional Information Request SW3170302 5213-The Ridge at Wesley Chapel: PDF Site Plan Request
From: Randall, Mike[mailto:mike. randal10ncdenr.gov]
Sent: Wednesday, March 22, 2017 6:56 AM

To: Alexander, Laura; Kevin Williams
Cc: Khan, Zahid
Subject: Additional Information Request SW3170302 5213-The Ridge at Wesley Chapel: PDF Site Plan Request
Kevin
The Division of Energy, Mineral, and Land Resources (DELMR) staff review of the plans and specifications has
determined that the project does not comply with the Stormwater Regulations set forth in Title 15A Section
NCAC 2H.1000.
For Wet Pond 1
The design volume shall draw down to the permanent pool level between two and five days. For Wet
Pond 1, given a 2.5 inch diameter orifice with where the Temporary Pool Elevation is 593.5 and the
Permanent Pool Elevation is 592.5 and a water quality volume of 17,790 ft3 the discharge rate will be
less than 1 day.
Given a Discharge Rate = CdA [2 g Ho] A 0.5''�
Radius = 2.5 inches/12 inches/ft = 0.2 ft Diameter = 2.5()Radius = 1.25) (1.2 /12 = 0.104 ft)
A=3.14rz=3.14(0.2)Z=0.1256sf A=3.14(0.100.034sf
Cd = 0.6
g = 32.2
Ho = (Temporary Pool Elevation -Permanent Pool Elevation) / 3 = (594.5-592.5/3 = 0.33 593.5 +0.1 (1.25" Radius to
center of orifice) = 593.6 (594.5 - 593.6 = 0.90/3 = 0.30)
Discharge Rate = 0.6 (0.1256) [(64.4) (0.33)] A 0.5 = 0.35 cfs 0.6 (0.034) [(64.4) (0.30)]A0.5 = 0.0897 ftA3/sec.
Days to discharge = Water Quality Treatment Volume Provided 17,790 ft3 / the discharge rate 0.35 ft3/sec) / seconds
/day 86,400 = 0.58 days 17790 ftA3 / (0.0897 ftA3/sec) / 86,400 = 2.3 Days
I did find an error in our spreadsheet (The avg. driving head was being divided by 3 in 2 places and the 2 day and 5 day
flows were based on required WQ volume vs. actual WQ volume) but I believe this sizing still works based on the
calculations above.
For Wet Pond 2
1. The inlet(s) and outlet shall be located in a manner that avoids short circuiting.
2. The forebay volume shall be 15 to 20 percent of the volume in the main pool (15,185 / 65,634 = 23%)
3. The design volume shall draw down to the permanent pool level between two and five days. For Wet Pond 1,
for a 3.0 inch diameter orifice with where the Temporary Pool Elevation is 584.25 and the Permanent Pool
Elevation is 583.50 and a water quality volume of 17,133 ft3 the discharge rate will be less than 1 day.
Given a Discharge Rate = CdA [2 g Ho] A 0.5 dlf ell
Radius = 2.0 inches/12 inches/ft = 0.25 ft Diameter = 3.0 (Radius = 1.5) (1.5/12 = 0.125 ft) REVISION --JDDiiaameter = 2.5
(Radius = 1.25) (1.25/12 = 0.104 ft)
A = 3.14 r 2 = 3.14 (0.25) 2 = 0.196 sf A = 3.14 (0.125)A2 = 0.049 sf REVISION - A= 3.14 (0.104)A2 = 0.034 sf
Cd = 0.6
g = 32.2

Ho = (Temporary Pool Elevation -Permanent Pool Elevation) / 3 = (584.5-583.50/3 = 0.25 584.25 - 583.625 (583.5+radius
to center) = 0.625 / 3 = 0.208 REVISION 584.25 - 583.60 (583.5 + 0.10 Radius) = 0.217
Discharge Rate = 0.6 (0.196) [(64.4) (0.25)] A 0.5 = 0.4718 cfs 0.6 (0.049) [(64.4) (0.208)]A0.5 = 0.108 cfs REVISION 0.6
(0.034) [(64.4) (0.217)]A0.5 = 0.076 cfs
Days to discharge = Water Quality Treatment Volume Provided 17,133 ft3 / the discharge rate 0.4718 ft3/sec) / seconds
/day 86,400 = 0.42 days 17,133/0.108/86,400 = 1.83 Days REVISION 17,133 / 0.076 / 86,400 = 2.61 Days
The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation
Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-
215.6A.
Please reference the State assigned project number SW3170302 on all correspondence. We can issue the permit as
soon as these issues are addressed. If you have any questions, or need additional information concerning this matter,
please contact me
Mike Randall
Stormwater Permitting Program
NC Division of Energy, Mineral and Land Resources (DEMLR)
Land Quality Section
Stormwater Permitting
1612 Mail Service Center
Raleigh, NC 27699-1612
Office:919-807-6374
Cell: 919-389-7801
Email correspondence to and from this address may be subject to public records laws
From: Alexander, Laura
Sent: Tuesday, March 21, 2017 11:18 AM
To: Kevin Williams <[e-mail]>
Cc: Randall, Mike <mike.randall(@ncdenr.gov>
Subject: RE: 5213-The Ridge at Wesley Chapel: PDF Site Plan Request
Kevin,
Mike Randall will be working on your project and I will let him answer your question. He is out of the office today.
I have copied Mike on this email.
Thanks
Laura
From: Kevin Williams[mailto:[e-mail]]
Sent: Tuesday, March 21, 2017 10:31 AM
To: Alexander, Laura <[e-mail]>
Subject: RE: 5213-The Ridge at Wesley Chapel: PDF Site Plan Request

No problem.
We have to get approvals from your department prior to April 3rd in order to have our project approved through the
Town of Wesley Chapel. Would you happen to know when we will get approval through your department?
Thanks
From: Alexander, Laura [mailto:laura.alexander(cbncdenr.00v]
Sent: Tuesday, March 21, 2017 9:38 AM
To: Kevin Williams
Subject: RE: 5213-The Ridge at Wesley Chapel: PDF Site Plan Request
Thank you. Just for future reference. We will continue receiving a hard copy of the application in office for State
Stormwater applications. Have a good day.
From: Kevin Williams [mailto:kwilliams([e-mail]]
Sent: Monday, March 20, 2017 7:48 PM
To: Alexander, Laura <[e-mail]>
Cc: 'John Ross' [e-mail]>; 'Jeremy Roberts' <[e-mail]>
Subject: 5213-The Ridge at Wesley Chapel: PDF Site Plan Request
Laura:
As requested, attached is a PDF of the site plan for The Ridge at Wesley Chapel project.
Feel free to contact us should you require any additional information.
Respectfully,
Kevin E. Williams
Project Manager
ENANGERING
www.eaoleonline.net
2013 Van Buren Avenue, Suite A
Indian Trail, NC 28079
(704)-893-1262 - Direct
(704)-882-4222 - Office
kwil I iams(a)eagleonl ine. net
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