Wilkes_CJHMP_Update_.. - Wilkes County, North Carolina

Transcription

Wilkes County Multi-Jurisdictional Hazard Mitigation Plan Update 2009 - Draft
WILKES COUNTY
MULTI-JURISDICTIONAL
HAZARD MITIGATION
PLAN UPDATE
DRAFT 2009
9
PLAN APPROVALS
Be it known that the Wilkes County, Multi-Jurisdictional, Hazard Mitigation Plan is hereby
approved by resolution of the signature jurisdictions below.
For the County of Wilkes:
_________________________________________
Chairman - Wilkes County Board of Commissioners
_______
Date
For the Town of North Wilkesboro:
_________________________________________
Mayor - Town of North Wilkesboro
_______
Date
For the Town of Ronda:
_________________________________________
Mayor - Town of Ronda
_______
Date
For the Town of Wilkesboro:
_________________________________________
Mayor - Town of Wilkesboro
10
_______
Date
County of Wilkes
State of North Carolina
RESOLUTION
WHEREAS, the Disaster Mitigation Act of 2000, the Code of Federal Regulations and
North Carolina General Statutes require the development of a Hazard Mitigation Plan
and;
WHEREAS, a Hazard Mitigation Plan has been developed by Wilkes County and the
Towns of North Wilkesboro, Ronda and Wilkesboro and reviewed by members of this
Board, staff and the public and;
WHEREAS, the Wilkes County Local Emergency Planning Committee recommends the
approval of the Hazard Mitigation Plan and;
WHEREAS, the State of North Carolina, Division of Emergency Management has
conducted a review of the Hazard Mitigation Plan;
NOW THEREFORE, we the Board of Commissioners hereby approve the Wilkes
County Hazard Mitigation Plan as submitted, this ____________ day of ___________,
20___
________________________________________
Chairman - Wilkes County Board of Commissioners
_______________________________________
Clerk to the Board
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1. Executive Summary and General Problem Statement
Webster defines mitigate as "to make mild, to make or become milder, less severe or
less painful, moderate." The Federal Emergency Management Agency (FEMA) defines
mitigation as " any action taken to permanently eliminate or sharply reduce the long
term vulnerability of human life and property from hazards." There is a distinction
between mitigation and prevention and both are discussed in this plan. NCGS 166A, as
modified, and the Disaster Mitigation Act of 2000 (44CFR 201.6) mandate counties and
municipalities to construct and then implement a hazard mitigation plan in order to
receive state and federal disaster and mitigation assistance funding. Failure to complete
the plan and have it approved would mean the loss of eligibility for thousands of dollars
in disaster recovery and mitigation grant funding. The plan must also be submitted to
the state hazard mitigation officer for review and ultimately forwarded by the state to the
Federal Emergency Management Agency for approval. The plan must also be reviewed
and updated every five years thereafter.
This plan will outline the hazards faced by Wilkes County and the towns of Wilkesboro,
North Wilkesboro and Ronda (hereafter, also referred to as the municipalities or the
towns) of both historical and potential events. A rating is given to each hazard for the
purposes of prioritizing the mitigation process. This rating is reflective of information
from the State of North Carolina and the concerns of Wilkes County and the
municipalities. Not all mitigation is possible or cost effective.
This plan also considers the current political climate on a global, national, state and
local level. Perception of the public and government officials of realistic mitigation,
realistic hazards and realistic prevention may differ widely from this plan.
Meetings with top government officials, local planners, state mitigation planners, the
public and others that make up Wilkes County's Hazard Mitigation Task Force, were
held and input sought prior to its' completion and submission for approval. The public
was notified of the planning process via internet and newspaper publications of the
agendas of local or jurisdictional governing bodies.
Wilkes County and the municipalities face a number of hazards everyday. During the
past decade and a half we have faced the effects of damaging tornados, severe winter
storms, high winds, freezing temperatures, chemical spills and more. We have learned
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from each disaster and each incident and your emergency services and response
forces are better trained and better equipped to deal with these hazards than ever
before. Numerous hazard mitigation efforts have been ongoing in Wilkes County and
continue to evolve to this day.
In the past decade and a half, Wilkes County and her citizens have experienced
financial losses in the millions of dollars. The cost of ice storms, snow storms, tornados,
flooding and thunderstorms have caused damages of almost *11 million dollars since
1993 ( *Source - NCDEM - Hazard Mitigation). Mitigation is serious business.
Problems that Wilkes County, Wilkesboro, North Wilkesboro and Ronda face in an all
hazard mitigation program are numerous, as are the challenges to have an effective
mitigation program. Wilkes County and the municipalities are vulnerable to a variety of
hazards and those hazards have been identified (3. Hazard Identification). Because of
the number of both natural and manmade hazards that have occurred and that have
effectively been controlled, Wilkes County and the municipalities have a better
understanding of the level of vulnerability and each has taken many steps, as outlined
in this plan, to mitigate that vulnerability. This plan further outlines areas of concern and
recommendations to address those concerns for future mitigation efforts.
Wilkes County, and the municipalities, following the intent of NCGS 166A-6.01, and the
Disaster Mitigation Act of 2000, has assessed their vulnerability to hazards and they are
incorporated herein. When mitigation issues and strategies are unique to a municipality
they are included as separate items as required by 44CRF 201.6.(3).
2. Purpose
The purpose of this hazard mitigation plan is to project those critical areas and facilities
of Wilkes County that may be effected by natural or man made disaster and
recommend potential solutions that may effectively reduce or even prevent catastrophic
damages, casualties, physical or financial losses to those facilities and the population of
the county and municipalities as a whole and or recommend potential solutions that
may avert additional burdens on response forces, municipal, county, state or federal
resources in a disaster.
3. Hazard Identification
Wilkes County and the municipalities identified the hazards that are addressed in this
plan. These hazards were identified through an extensive process that utilized input
from Hazard Mitigation Task Force members, public input, researching past disaster
declarations in the County, a review of current FIRMs (Flood Insurance Rate Maps),
and risk assessments completed by Wilkes County Emergency Management, CEM
Associates, Inc., a private emergency management consulting firm and the North
Carolina Division of Emergency Management Hazard Mitigation Section as well as the
Federal Emergency Management Agency.
Town and County Planning Departments provided considerable data regarding current
and projected land use and this data was then analyzed to assess potential problem
areas, including critical facilities. Initial data from this study was also used to determine
those hazards that present the greatest risk to the County and the municipalities.
Hazards were assigned a "risk value" by potential. This assignment was made upon the
recommendations of the Hazard Mitigation Task Force, town and county agencies, the
State of North Carolina, FEMA and the public. Based upon the "risk value", analysis
was made for those hazards with the highest ratings first. Additional in depth analysis
was also performed on hazards with lower ratings as outlined in the Hazard
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Vulnerability Assessment section of this plan. Wilkes County and the municipalities
agreed that an all hazards approach would serve the needs of the community better
and provide a better planning tool for future growth.
The hazards identified include those listed below. Other natural or man made hazards
that could occur in other parts of the country (i.e.: volcanoes, tsunamis, commercial
aircraft accidents, etc.) were not analyzed because of (1) the location of our jurisdiction,
(2) there was no history of any such occurrence and the likelihood of such an
occurrence was less than .1% , (3) there was no indication in any researched document
that such events were ever likely to occur and (4) possible or potential mitigation was
outside of the geographical or political jurisdiction of the County and the municipalities.
Therefore, the Hazard Mitigation Task Force felt it appropriate that time and limited
resources be used to identify and analyze those realistic hazards listed below.
•
•
•
•
•
•
•
•
•
•
Drought
Earthquake
Floods
Forest Fires
Hazardous Materials
Hurricanes
Terrorist Activity (biologics, disease, etc)
Thunderstorms
Tornados
Winter Storms
Other threats that were considered, but when examined rated less
than 1 on the hazard rating.
Fixed Nuclear Facility
Mass Casualty
Nor'easter
Power Failure
Large Structural Fires
Landslide
Landfill fires
4. Hazard and Vulnerability Analysis
Wilkes County and the municipalities have conducted exhaustive research into existing
documents, history, land use, demographics, ordinances, state and federal law and
accepted codes and practices. Wilkes County also reviewed existing FIRMs (flood
insurance rate maps) from the Federal Emergency Management Agency and
incorporated that review onto GIS maps along with assistance from HazardPro, a GIS
mapping product available through the Hazard Mitigation branch of NC Emergency
Management and the North Carolina Center for Geographic Information Analysis
(NCCGIA). Additional maps were produced by the contractor as needed, to illustrate
vulnerable areas.
Extensive analysis and assessment was then conducted with input from the public,
local, state and federal agencies, planning agencies and others. The analysis and
assessments where then presented to the Hazard Mitigation Task Force for discussion
and inclusion or exclusion. This was done in the form of a draft document. This draft
was available for inspection and comment both in printed form and on the internet.
The results of this study, taking place over a period from November 1, 2008 until
October 30, 2009 resulted in the following information and documentation.
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•
•
•
•
•
•
Critical facilities
Risk assessment by hazard or threat and rating associated with each hazard
Data Used
Data developed
Vulnerability assessment
Maps
5. Hazard and Vulnerability Mitigation
Wilkes County and Wilkesboro jointly developed, with guidance from the North Carolina
Division of Emergency Management and the Federal Emergency Management Agency,
the overall concept of the Hazard Mitigation Plan, including the format of the plan and
then developed its planning process. Wilkes County developed a Hazard Mitigation
Task Force as a planning group. Members of this task force were appointed by elected
officials or by town and county managers or served as volunteers.
The following outline was developed to access those areas of the plan of the greatest
interest or concern.
•
•
•
•
•
•
•
•
•
Concept
Planning
Planning Process and responsibility assignment
Participants in / Public Involvement
Coordination, Maintenance and Approval
Current legal measures
Current mitigation measures
Need to modify current measures
Current development trends - Future needs planning
6. Implementation
The most thoughtful and discussed portion of the Wilkes County Hazard Mitigation Plan
was the implementation process. Debate centered on funding for the initiatives outlined
in the Mitigation Strategy. Most agreed that with sufficient funding the primary goal as
well as the objectives that were outlined could be accomplished within specified time
periods. The Hazard Mitigation Task Force decided on the "action plan" approach,
which outlines the actions that will be taken to achieve the objective, as well as time
lines and the primary area or agency who will have the responsibility for carrying out the
action. Objectives were not only enumerated, but expanded upon to give detail of how
those objectives may be carried out.
Without guarantees of funding, specific actions or timelines for implementation for each
objective that was identified became supposition. Without funding, the Hazard
Mitigation Task Force felt that the time required to develop an action plan for each
objective would be extensive.
The entire plan is presented as a "living document" and one that will be changed,
reviewed, updated and reprocessed over the next five-year period. It was noted that
while the objectives were listed and discussed, many of the objectives would require
modification or adoption of local ordinances. This will require the county and the
municipalities to hold public hearings, allowing for input from the public and established
due process, before implementation of the objective can occur or be considered.
General action plans were developed. The following outline was developed to access
those areas of the plan of interest or concern.
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•
•
•
Mitigation Strategy
o Action Plan - Research
o Action Plan - Hazard Mapping and Assessments
o Action Plan - Real-Time Monitoring
o Action Plan - Loss Assessment
o Action Plan - Information Collection, Interpretation, and Dissemination
o Action Plan - Guidelines and training
o Action Plan - Public Awareness and Education
o Action Plan - Implementation of Loss Reduction Measures
o Action Plan - Emergency Preparedness, Response, and Recovery
o Action Plan - Define reasonable and measurable goals and objectives
Adopting new or additional legal or voluntary measures
Potential program funding sources
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Hazard Ratings and Risk Assessment
Wilkes County, and the municipalities, following the intent of Senate Bill 300, and the
Disaster Mitigation Act of 2000, has assessed their vulnerability to hazards.
The hazards identified include those listed below. Other natural or man-made hazards that
could occur in other parts of the country (i.e.: volcanoes, tsunamis, aircraft accidents, etc.)
were not analyzed because of (1) the location of our jurisdiction, (2) there was no history of
any such occurrence and the likelihood of such an occurrence was less than .1%, (3) there
was no indication in any researched document that such events were ever likely to occur,
therefore, the Hazard Mitigation Task Force felt it appropriate that time and very limited
resources be used to identify and analyze those realistic hazards listed below.
The contractor that provided initial planning priorities conducted research. The contractor
also researched the potential for occurrence from a number of sources, but the primary
source was the “History of Hazards by County” from the NC Division of Emergency
Management. The Hazard Mitigation Task Force then held discussion on July 22, 2003
during the initial kickoff meeting. Each hazard was discussed individually and included the
hazard specific threat, the frequency of occurrence in history and the probability of future
occurrence. Table 2 – Historical weather evens, was provided as supporting information to
gauge the potential for future incidents, based upon the number and type on incidents that
had happened in the past. After considerable discussion the Hazard Mitigation Task
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Force/LEPC agreed and adopted the findings in Table1. This table differs slightly from
Table 3 – Local Natural Hazards potentials for occurrence that was provided by the
NCDEM Hazard Mitigation branch.
The County and Towns of North Wilkesboro, Ronda and Wilkesboro were well represented
during Task Force meetings and occurred with the ratings below. In the criteria for
mitigation plans, “for multi-jurisdictional plans, the risk assessment (see Table 1 below)
must assess each jurisdictions risk where they vary from the risks facing the entire planning
area.” The county and the municipalities agree they each face the same thr3eatr level from
each of the threats listed in Table 1 and at the same level of threat. The frequency at which
these threats occur is supported in Table 2, which is a consolidated table of the history of
incidents from 1973 until 2008. Hazardous Materials incidents were researched for the
record period of 1988 until 2008.
Wilkes County, North
Wilkesboro, Ronda,
Wilkesboro
Threat / Hazard Risk
Assessment
Drought
Frequency
1950 – 2008
Hazmat
1988-2008
Probability /
Potential for
future
occurrence
Rating
1-5
Potential
Impact)
8
Possible
2
Limited
Earthquake
0
Likely
3
Critical
Floods
40
Highly Likely
4
Critical
Forest Fires
15
Possible
2
Limited
Hazardous Materials
(Transport and Fixed)
Hurricanes
88
Highly Likely
5
Limited
1
Possible
2
Limited
Severe
Thunderstorms/Wind/Hail
Terrorist Activity (includes
biologics)
Tornados (1950-2008)
131
Likely
3
Limited
1
Limited
5
Likely
3
Critical
Winter Storms
29
Highly Likely
4
Catastrophic
0
Possible
18

Rating is based on countywide potential rather than geographically isolated incidents.
Information obtained from CAD records, weather history, EM Response reports and
NCDEM data over a period of 1950 to 2008. Historical data (see Table 2) was
derived from NCDEM and ranges from 01/01/1950 until 12/31/2008. This varies
slightly from Table 3 which are NOAA/NCDEM estimated ratings.
Figures were updated to 2008 figures using sources from FEMA, NOAA, DOT and
others. Ratings are for planning priority purposes only and were derived from
discussion with the Wilkes County Hazard Mitigation Task Forces and from NCDEM
“Local Hazards by County”, NC Division of Emergency Management Hazard
Mitigation Branch and FEMA
Table 1
HISTORICAL WEATHER EVENTS IN WILKES COUNTY, NORTH WILKESBORO, RONDA,
WILKESBORO
Location or County
Date
Type
1 WILKES
5/27/1973
Tornado
2 WILKES
6/1/1974
Tornado
3 WILKES
5/31/1975
Tornado
4 WILKES
7/30/1976
Tstm Wind
5 WILKES
4/4/1977
Tornado
6 WILKES
6/6/1977
Tstm Wind
7 WILKES
6/6/1977
Tstm Wind
8 WILKES
2/1/1979
Tstm Wind
9 WILKES
4/14/1984
Hail
10 WILKES
4/14/1984
Hail
11 WILKES
4/14/1984
Hail
19
12 WILKES
7/26/1984
Tstm Wind
13 WILKES
5/16/1985
Tstm Wind
14 WILKES
5/22/1985
Hail
15 WILKES
6/7/1985
Tstm Wind
16 WILKES
7/10/1985
Hail
17 WILKES
8/21/1985
Tstm Wind
18 WILKES
5/20/1986
Hail
19 WILKES
6/16/1987
Tstm Wind
20 WILKES
7/31/1987
Tstm Wind
21 WILKES
8/5/1987
Tstm Wind
22 WILKES
9/10/1987
Tstm Wind
23 WILKES
9/10/1987
Tstm Wind
24 WILKES
3/26/1988
Hail
25 WILKES
5/10/1988
Hail
26 WILKES
7/10/1988
Tstm Wind
27 WILKES
7/30/1988
Tstm Wind
28 WILKES
8/15/1988
Tstm Wind
29 WILKES
9/24/1988
Hail
30 WILKES
3/15/1989
Hail
31 WILKES
5/5/1989
Tstm Wind
32 WILKES
6/2/1989
Tstm Wind
33 WILKES
6/12/1989
Tstm Wind
34 WILKES
6/12/1989
Tstm Wind
35 WILKES
7/12/1989
Tstm Wind
36 WILKES
11/15/1989
Tstm Wind
37 WILKES
5/1/1990
Hail
38 WILKES
4/9/1991
Tstm Wind
39 WILKES
3/10/1992
Tstm Wind
40 WILKES
4/16/1992
Hail
41 WILKES
6/26/1992
Tstm Wind
42 Statewide
3/12/1993
Winter Storm
20
43 NCZ001>510
3/23/1993
Flash Floods
44 Northern And Central
1/3/1994
Heavy Snow
45 Statewide
1/15/1994
Extreme Cold
46 Statewide
1/19/1994
Extreme Cold
47 Northern Interior And
2/10/1994
Ice Storm
48 Lomax
8/16/1994
Tornado
49 Wilkesboro
8/19/1994
Thunderstorm
Winds
50 N. Wilkesboro
8/19/1994
Hail
51 Moravian Falls
8/27/1994
Thunderstorm
Winds
52 Northwest And
2/15/1995
Ice
53 Hays
6/10/1995
Thunderstorm
Winds
54 To 5
6/16/1995
Hail
55 Wilbar
6/26/1995
Thunderstorm
Winds
56 Wilkesboro
6/26/1995
Flash Flood
57 Austin
6/26/1995
Lightning
58 WILKES
6/26/1995
Flash Flood
59 Mcgrady
7/5/1995
Hail
60 North Wilkesboro
7/17/1995
Flash Flood
61 Wilkesboro
7/17/1995
Flash Flood
62 Fairplains
7/17/1995
Thunderstorm
Winds
63 North Wilkesboro
7/17/1995
Thunderstorm
Winds
64 North Wilkesboro
7/25/1995
Thunderstorm
Winds
65 Wilkesboro
7/25/1995
Thunderstorm
Winds
66 Wilkesboro
7/25/1995
Thunderstorm
Winds
67 Wilkesboro
7/25/1995
Thunderstorm
Winds
68 Nr Hays
8/3/1995
Lightning
21
69 Wilkesboro
8/18/1995
Thunderstorm
Winds
70 Traphill
8/18/1995
Thunderstorm
Winds
71 Austin
8/18/1995
Lightning
72 Ronda
8/27/1995
Flash Flood
73 NCZ001>003 - 018>019
10/5/1995
High Winds
74 W And N Portion
10/5/1995
Flash Flood
75 High Terrain
11/11/1995
High Winds
76 Countywide
11/11/1995
High Winds
77 Northwest Portion
12/8/1995
Ice
78 NCZ003 - 019
1/6/1996
Heavy Snow
79 NCZ003>004 - 019>020
1/11/1996
Heavy Snow
80 NCZ003 - 019>020
1/19/1996
Flood
81 Countywide
1/19/1996
Flash Flood
82 Wilkesboro
1/19/1996
Tstm Wind
83 NCZ019
1/19/1996
High Wind
84 NCZ003 - 019>020
2/1/1996
Ice Storm
85 NCZ003 - 019>020
2/2/1996
Winter Storm
86 NCZ001>006 - 018>020
2/3/1996
Extreme Cold
87 NCZ003>006 - 019>020
2/9/1996
Black Ice
88 NCZ001>006 - 018>020
3/8/1996
Extreme Cold
89 Wilkesboro
4/23/1996
Tstm Wind
90 Austin
5/5/1996
Hail
91 Purlear
5/5/1996
Hail
92 Millers Creek
5/5/1996
Hail
93 Wilkesboro
5/24/1996
Hail
94 Wilkesboro
5/27/1996
Hail
95 South Portion
5/27/1996
Tstm Wind
96 Wilkesboro
6/19/1996
Lightning
97 Ronda
6/20/1996
Lightning
98 Wilkesboro
6/20/1996
Lightning
22
99 Mulberry
6/24/1996
Tstm Wind
100 NCZ003 - 019>020
8/12/1996
Flood
101 West & North Portion
8/12/1996
Flash Flood
102 North Wilkesboro
8/15/1996
Tstm Wind
103 Mulberry
8/16/1996
Flash Flood
104 Mulberry
8/23/1996
Tstm Wind
105 NCZ002>004 - 019>020
9/6/1996
High Wind
106 NCZ002 - 019
1/23/1997
Black Ice
107 NCZ001>003 - 018>019
2/13/1997
Heavy Snow
108 Mcgrady
2/19/1997
Dust Devil
109 Countywide
3/5/1997
Tstm Wind
3/5/1997
Tstm Wind
111 Elkin
3/5/1997
Tstm Wind
112 NCZ019
4/9/1997
Extreme Cold
113 NCZ019
4/10/1997
Extreme Cold
114 Ferguson
6/2/1997
Hail
115 Wilkesboro
7/28/1997
Tstm Wind
116 Roaring River
9/9/1997
Lightning
12/29/1997
Heavy Snow
118 Countywide
1/8/1998
Flash Flood
119 NCZ019>020
1/27/1998
Flood
120 NCZ005 - 018>019
2/4/1998
High Wind
121 NCZ003 - 019
2/24/1998
High Wind
122 South Portion
4/17/1998
Flash Flood
123 NCZ003 - 019>020
4/17/1998
Flood
124 Wilkesboro
4/19/1998
Flash Flood
125 Ferguson
5/7/1998
Hail
126 Wilkesboro
5/7/1998
Tstm Wind
127 Moravian Falls
5/7/1998
Hail
128 East Portion
5/25/1998
Tstm Wind
129 Roaring River
5/25/1998
Hail
117 NCZ002>004 - 019>020
23
5/26/1998
Tstm Wind
131 Wilkesboro
5/26/1998
Tstm Wind
132 Wilkesboro
5/27/1998
Hail
133 Countywide
6/3/1998
Tstm Wind
134 Wilkesboro
6/3/1998
Hail
135 Moravian Falls
6/3/1998
Hail
136 Moravian Falls
6/3/1998
Tstm Wind
137 Wilkesboro
6/10/1998
Hail
138 Ferguson
6/10/1998
Tstm Wind
139 Roaring River
6/16/1998
Tstm Wind
140 Joynes
8/15/1998
Flash Flood
141 Mulberry
10/8/1998
Tstm Wind
142 Traphill
10/8/1998
Tstm Wind
143 NCZ001>006 - 018>020
10/10/1998
Drought
144 NCZ001>006 - 018>020
11/1/1998
Drought
145 Wilkesboro
11/26/1998
Tstm Wind
146 NCZ001>006 - 018>020
12/23/1998
Ice Storm
147 NCZ001>002 - 018>019
2/19/1999
Heavy Snow
148 NCZ019
3/9/1999
Heavy Snow
149 NCZ003>006 - 019>020
6/1/1999
Drought
6/10/1999
Tstm Wind
151 South Portion
6/30/1999
Flash Flood
152 NCZ001>006 - 018>020
7/1/1999
Drought
153 South Portion
7/9/1999
Flash Flood
154 NCZ001>006 - 018>020
8/1/1999
Drought
155 Mcgrady
8/20/1999
Tstm Wind
8/26/1999
Hail
157 Wilkesboro
8/26/1999
Hail
158 NCZ001>006 - 018>020
9/1/1999
Drought
159 NCZ003 - 005 - 018>019
9/15/1999
High Wind
160 NCZ001>002 - 018>019
1/11/2000
High Wind
24
161 NCZ003>005 - 019>020
1/18/2000
Heavy Snow
162 NCZ004>006 - 018>019
1/29/2000
Winter Storm
163 Roaring River
5/13/2000
Hail
164 Roaring River
5/13/2000
Hail
165 Wilkesboro
5/27/2000
Hail
166 Wilkesboro
5/27/2000
Tstm Wind
167 East Portion
6/3/2000
Tstm Wind
168 Traphill
8/10/2000
Tstm Wind
169 Boomer
11/9/2000
Tstm Wind
170 Hays
6/15/2001
Lightning
171 Wilkesboro
6/26/2001
Hail
172 Wilkesboro
8/11/2001
Tstm Wind
173 Countywide
1/20/2002
Black Ice
174 Hays
4/17/2002
Hail
175 Wilkesboro
4/28/2002
Hail
176 Wilbar
5/1/2002
Tstm Wind
5/1/2002
Flash Flood
178 Hays
6/5/2002
Lightning
179 Mcgrady
7/2/2002
Hail
180 Hays
8/2/2002
Tstm Wind
181 NCZ019
12/1/2002
High Wind
182 NCZ001>006 - 018>020
12/4/2002
Winter Storm
183 NCZ001>002 - 018>019
12/25/2002
High Wind
184 NCZ001>003 - 018>020
1/22/2003
Heavy Snow
185 NCZ001>003 - 018>020
2/6/2003
Heavy Snow
186 NCZ001>006 - 018>020
2/15/2003
Winter Storm
187 NCZ001 - 003>006 018>020
2/22/2003
High Wind
188 NCZ003>004 - 019>020
3/20/2003
Flood
5/3/2003
Hail
190 Mulberry
5/3/2003
Hail
191 Wilkesboro
5/3/2003
Hail
25
5/3/2003
Hail
193 Millers Creek
6/8/2003
Tstm Wind
194 Wilkesboro
6/8/2003
Tstm Wind
195 Roaring River
6/8/2003
Tstm Wind
196 Purlear
7/5/2003
Flash Flood
197 Wilkesboro
7/5/2003
Hail
198 Hays
7/5/2003
Tstm Wind
199 Mulberry
7/5/2003
Tstm Wind
200 Mcgrady
7/6/2003
Flash Flood
201 Traphill
7/10/2003
Lightning
202 Traphill
7/12/2003
Tstm Wind
203 Wilkesboro
7/18/2003
Tstm Wind
204 Roaring River
7/18/2003
Tstm Wind
205 Roaring River
7/18/2003
Hail
8/30/2003
Tstm Wind
207 NCZ001>003 - 018>019
10/14/2003
High Wind
208 Countywide
11/19/2003
Flash Flood
209 NCZ001>006 - 018>020
1/25/2004
Heavy Snow
210 NCZ019
2/2/2004
Ice Storm
211 NCZ001>002 - 005>006 018>020
2/26/2004
Heavy Snow
212 NCZ002 - 004>006 019>020
3/7/2004
High Wind
213 Millers Creek
5/8/2004
Hail
214 Millers Creek
5/8/2004
Tstm Wind
215 Mulberry
5/8/2004
Tstm Wind
216 Wilkesboro
5/8/2004
Tstm Wind
217 Wilkesboro
7/12/2004
Tstm Wind
218 NCZ002 - 004 - 018>019
1/30/2005
Winter Weather/mix
219 NCZ001>003 - 018>019
2/28/2005
Heavy Snow
3/23/2005
Hail
221 NCZ001>003 - 018>019
4/3/2005
High Wind
222 NCZ003 - 019
4/16/2005
Frost/freeze
26
7/2/2005
Tstm Wind
7/2/2005
Hail
225 Mcgrady
8/5/2005
Hail
226 NCZ001>006 - 019>020
12/15/2005
Ice Storm
227 NCZ001>003 - 005 018>019
1/14/2006
High Wind
228 Wilbar
5/14/2006
Hail
229 Windy Gap
6/22/2006
Tstm Wind
230 Millers Creek
7/13/2006
Tstm Wind
231 Roaring River
7/28/2006
Tstm Wind
232 Hays
8/7/2006
Tstm Wind
233 Purlear
8/11/2006
Tstm Wind
234 Traphill
8/30/2006
Tstm Wind
235 Mulberry
9/10/2006
Hail
9/28/2006
Hail
237 NCZ019
12/1/2006
High Wind
238 NCZ003 - 019
1/21/2007
Ice Storm
239 NCZ003 - 019
4/7/2007
Frost/freeze
240 NCZ019
4/7/2007
Frost/freeze
241 NCZ004 - 006 - 019
4/9/2007
Frost/freeze
242 Elkville
4/15/2007
Hail
243 NCZ019
4/15/2007
High Wind
244 Elkville
6/11/2007
Hail
245 Wilbar
6/24/2007
Thunderstorm Wind
246 Boomer
6/24/2007
Thunderstorm Wind
247 Millers Creek
6/24/2007
Hail
248 Moravian Falls
6/24/2007
Hail
249 Elkville
6/24/2007
Thunderstorm Wind
250 Traphill
6/25/2007
Thunderstorm Wind
6/28/2007
Hail
252 Benham
6/28/2007
Hail
7/16/2007
Thunderstorm Wind
27
254 Hays
7/17/2007
Thunderstorm Wind
255 Wilkesboro
8/24/2007
Thunderstorm Wind
256 Moravian Falls
8/24/2007
Hail
257 Wilkesboro
8/24/2007
Thunderstorm Wind
258 Hays
8/29/2007
Thunderstorm Wind
259 NCZ019
2/10/2008
High Wind
260 Wilkesboro
3/4/2008
Thunderstorm Wind
261 NCZ019 - 020
5/1/2008
Drought
262 Ronda
5/8/2008
Hail
263 NCZ019
5/12/2008
High Wind
264 Denny
6/26/2008
Hail
265 Doughton
6/27/2008
Hail
266 Traphill
6/27/2008
Thunderstorm Wind
267 Roaring River
7/7/2008
Hail
268 Maple Spgs
7/7/2008
Hail
269 Hays
7/7/2008
Hail
7/7/2008
Hail
271 Hays
7/7/2008
Hail
272 Hendrix
7/7/2008
Hail
273 Congo
7/7/2008
Hail
274 Boomer
7/7/2008
Thunderstorm Wind
275 Ferguson
7/9/2008
Hail
276 Millers Creek
7/9/2008
Thunderstorm Wind
7/9/2008
Thunderstorm Wind
278 Wilkesboro
7/23/2008
Thunderstorm Wind
279 Roaring River
8/2/2008
Thunderstorm Wind
280 Traphill
8/2/2008
Thunderstorm Wind
8/2/2008
Thunderstorm Wind
282 Windy Gap
8/2/2008
Thunderstorm Wind
283 Boomer
8/14/2008
Thunderstorm Wind
284 Champion
8/27/2008
Flash Flood
28
285 Mt Zion
8/27/2008
Flash Flood
286 Roaring River
8/27/2008
Flash Flood
287 Benham
9/8/2008
Flash Flood
9/9/2008
Thunderstorm Wind
289 NCZ001 - 018 - 019
10/1/2008
Drought
290 NCZ019
12/31/2008
High Wind
Source NOAA.
Table 3
County
Wilkes
Climate
Division
(NOAA)
2
Earthquake Landslide
Moderate
Moderate
Hurricane
Low
Nor'easter Tornado Severe
Winter
Weather
Low
Low
High
Wildfire Flood
Low
High
Source – NCDEM Hazard Mitigation Branch
Wildfire
There are three types of wildfires.
Surface Fire
Ground Fire
Crown Fire
This type burns slowly along the floor of a forest. This is the most common type of wild
fire. This type of fire can damage or even kill trees.
Usually occurs from a lightning strike. This type of fire burns on or below the forest
floor.
This fire is quickly spread by the wind. It tends to jump among the crowns of trees.
All are generally characterized by very thick smoke.
Earthquake
Also see current mitigation measures or the hazard rating. Also see earthquake hazard assessment.
An earthquake is a series of vibrations induced in the earth's crust by the abrupt rupture and rebound of rocks in
which elastic strain has been slowly accumulating. It is caused by a slip on a fault, which is a thin zone of crushed
rock between two blocks of rock. The fault can be any length, from a few millimeters to thousands of kilometers. It is
29
a fracture in the crust of the earth along which rocks on one side have moved relative to those on the other side. An
earthquake occurs when stresses in the earth's outer layer push the sides of the fault together. Stress builds up and
the rock slips suddenly, releasing energy in waves that cause the shaking.
Earthquakes can cause severe damage to property and extensive loss of life. An earthquake will not kill by itself.
However, an earthquake may cause extensive structural damage and collapse that could cause fatalities and injury.
Earthquakes can occur at any time of the day and are not related to weather patterns. An earthquake cannot be
prevented, although mitigation measures can be taken, particularly structure measures, to reduce the impact that an
earthquake has on the surface.
The National Earthquake Information Center records 12,000 to 14,000 earthquakes a year. The majority are very low
vibrations and cannot be felt by people on the surface.
Flooding
Also see current mitigation measures or the hazard rating. Also see the flood hazard assessment.
Flooding occurs from a number of weather and non-weather related reasons. Floods typically occur from prolonged
rainfall, but they can also occur from snowmelt, ice jams, and dam failures. Floods also occur in all 50 states,
particularly in low-lying communities, near a water source, or downstream from a dam.
Flooding can cause destruction to property and injury and death to people. Since 1900, 10,000 lives have been lost
to flooding. A 1987 study concluded that over 9 million households and $390 billion in property are at risk from the 1
percent annual chance flood (100 year flood plain).
There are seven types of flooding in the United States Riverine Flooding, Flash Floods, Alluvial Fan Floods, Ice Jam
Floods, Dam Break Floods, Local Drainage or High Groundwater Levels, and Fluctuating Lake Levels.
Riverine Flooding: This is the most common type of flooding. This occurs when a river or stream overflows its
banks. In large rivers, it usually occurs after a serious, large-scale weather event. In streams, this can occur from
more localized weather systems.
Flash Floods: Flash floods typically encompass a quick rise of high velocity water and large amounts of debris.
Factors that contribute to flash flooding include the length and intensity of rain and the steepness of watershed and
stream gradients. Other factors influencing flash floods include the amount of watershed vegetation, natural and
artificial water storage, and the configuration of the streambed and floodplain. Flash floods not only occur from
weather systems, but also from a dam failure, or breakup of ice. This type of flood poses the most risk to property
and lives. Because of the rapid rise of the water levels, a large percentage of flood deaths occur from motorists who
underestimate the depth and velocity of the floodwaters and attempt to cross-flooded areas. This typically occurs
when a weather event quickly drops an extensive amount of water. Walls of water from this type of event can reach
15 to 20 feet.
Dam Break Floods: Results from structural failures of dams.
Local Drainage or High Groundwater Levels: Heavy precipitation from local weather events may produce flooding
outside of delineated flood plains. If the local soil cannot handle precipitation through infiltration and runoff, the water
may accumulate. During winter, frozen ground and accumulated snow will contribute to this problem. This type of
flooding generally occurs in flat and urban areas. High groundwater levels may cause leakage in susceptible
basements.
Fluctuating Lake Levels: Lake levels can change over a short period of time, over a season, or on a long-term
basis. Heavy rain or snow can influence levels. All lakes are susceptible to changes in water level, but the problem
seems to occur most often in lakes that are landlocked or have inadequate outlets for maintaining a balance between
in and outflow. These type of lakes can fluctuate from 5 to 15 feet over an extended period of time.
30
Due to the severe consequences from flooding, local governments should pay close attention to flood warnings and
forecasts. These mitigation measures decrease property damage by an estimated $1 billion annually. The National
Weather Service is responsible legally for weather forecasting and warning. NWS uses the stream gauging stations
that the USGS operates and maintains nationwide, including 98 percent of gages used for real-time forecasting.
In the early 1960s it was recognized that there needed to be a standard of evaluating flood risk throughout the United
States. This resulted in the 100-year or 1-percent-annual chance flood. This assessment delineates a degree of risk
and damage worth protecting against, but not deemed to be worthy of imposing stringent requirements or burdens of
excessive costs on property owners. The 100-year flood represents a compromise between minor floods and major
floods.
Computed water surface elevations are combined with topographic mapping data to develop the Flood Insurance
Rate Maps (FIRM). This is an important planning tool to determine where development would reside within flood
prone areas. Insurance companies use the FIRMs to determine flood insurance rates.
Wilkes (370256) is a participant in the National Flood Insurance Program, making citizens eligible for flood insurance
utilizing the updated maps from FEMA.
Drought
Also see current mitigation measures or the hazard rating. Also see the drought hazard assessment.
A drought is roughly defined as a condition of abnormally dry weather within a geographic region where some rain is
usually expected. This is caused by a lack of precipitation in conjunction with wind, high temperatures, and low
humidity. This lack of rain in a region results in a number of problems. There are varying degrees of severity in a
drought. This severity depends on the demand on water in a region, duration, and intensity. Problems of a drought
can include:
•
•
•
•
•
•
Diminished water supplies or reduction of water quality.
Undernourished livestock and wildlife.
Crop damage
Increased fire hazards
Reduced forest productivity
Damage to fish and wildlife habitat
Indirect Impacts:
•
•
•
•
•
•
Reduced income for farmers and agribusiness
Increased prices for food and lumber
Unemployment
Reduced tax revenues because of reduced expenditures
Increased crime
Foreclosures on bank loans to farmers and agribusiness
There are four types of droughts:
1. Meteorological Drought – This is a reduction of precipitation over time. This definition is
regionally based. In the United States, this is indicated by less then 2.5mm of rainfall in 48
hours. This is the first indication of a drought.
2. Agricultural Drought – This occurs when soil moisture cannot meet the demands of a crop.
31
This type of drought happens after a meteorological drought but before a hydrological
drought.
3. Hydrological Drought – This type refers to reduction in surface and subsurface water
supplies. It is measured through stream flow and water levels in lakes, reservoirs, and
groundwater.
4. Socioeconomic drought – This occurs when water shortages affect people, either in terms of
water supply or economic impacts (i.e. loss of crops so price increases).
Severe Winter Storms
Also see current mitigation measures or the hazard rating. Also see winter storm vulnerability assessment.
The occurrence of large snowstorms, ice storms, and severe blizzards has a substantial impact on communities,
utilities, and transportation systems, and often results in loss of life due to accidents or hypothermia. In addition to
the impacts on transportation, power transmission, communications, agriculture, and people, severe winter storms
can cause extensive coastal flood-erosion, and property loss.
Severe winter storms display themselves in a wide variety of ways including heavy snow, blizzards, freezing rain, ice
pellets, and extreme cold. Severe winter storms are extra-tropical cyclones fueled by strong temperature gradients
and an active upper-level jet stream. The storms that hit North Carolina usually form in the Gulf of Mexico or off the
southeast Atlantic Coast. In North Carolina, very few of these result in a blizzard.
Hurricanes
Also see current mitigation measures or the hazard rating. Also see hurricane vulnerability assessment. Hurricanes
are devastating natural events on the east coast. More than 36 million people reside in the counties along the Gulf of
Mexico and the Atlantic Ocean. This exposes a large amount of a state’s population and property to tropical events.
Hurricanes have a number of conditions necessary to occur. This includes a pre-existing weather disturbance, warm
tropical oceans, moisture, and relatively light winds aloft. If these all come together, they can produce a hurricane
which can lead to violent winds, high waves, torrential rains, storm surge, tornadoes, and floods. Basically, a
hurricane is a type of tropical cyclone, which is a low-pressure system that generally forms in the tropics.
Hurricane eyes move around 10 - 15 mph. Hurricanes typically move westward at first and become stronger as time
goes on. Hurricanes then typically turn from the equator and pick up speed. Most hurricanes turn east after they
reach temperate latitudes. Many end up as weak storm centers over cool oceans.
If a hurricane continues to move west and encounters land, strong winds and heavy rain can hit an area for many
hours. As the ‘eye’ of the hurricane hits an area, the high winds and rain stop. Less then an hour later, the eye
passes and the damaging winds and rains continue. Hurricanes tend to weaken after reaching land because they
are not receiving energy from the evaporation of warm seas. The wind also encounters friction from the rougher land
surface. Winds die down first, while heavy rains continue.
32
When a hurricane is initially formed, a number of agencies and departments keep track of its progress. A multitude
of information is collected, including pressure, temperature, and wind speeds. This information is very important to
formulate predictions on landfall and severity, so communities in its path can be warned.
Housing is very susceptible to damage from hurricanes. The greatest wind forces on houses occur on their sides.
Since hurricane force winds push for extended periods of time, it can push a frame out of alignment or lift it off its
foundation. It seeks out weak points such as windows and doors. The wind can also pick up heavy debris and
smash it against residences. When a wind blows against a house, it puts pressure on the side it is blowing against.
The opposite side of the house experiences low pressure. Therefore, if the wind enters the house from the blowing
side (i.e. blowing out a window, etc), the sudden pressure buildup in the house can cause doors, windows, and other
weak places to pop out. If the wind doesn’t destroy a house, then residents need to worry about the heavy rain
producing enough floodwaters to enter the house. A typical hurricane drops 6 – 12 inches of water on the area it
crosses. Tornadoes often form on the fringes of the storm.
Each year, about 10 tropical storms develop. Many of these remain over the ocean, but approximately 6 become
hurricanes each year. The Saffir/Simpson Hurricane scale defines hurricane strength.
The Saffir/Simpson Hurricane Scale
Category
1
2
3
4
Definition-Effects
Winds : 74-95 mph (64-82 kt)
No real damage to building structures. Damage primarily to
unanchored mobile homes, shrubbery, and trees. Also, some coastal
flooding and minor pier damage.
Winds : 96-110 mph (83-95 kt)
Some roofing material, door, and window damage. Considerable
damage to vegetation, mobile homes, etc. Flooding damages piers
and small craft in unprotected moorings may break their moorings.
Winds : 111-130 mph (96-113 kt)
Some structural damage to small residences and utility buildings,
with a minor amount of curtain wall failures. Mobile homes are
destroyed. Flooding near the coast destroys smaller structures with
larger structures damaged by floating debris. Terrain may be flooded
well inland.
Winds : 131-155 mph (114-135 kt)
More extensive curtain wall failures with some complete roof
structure failure on small residences. Major erosion of beach areas.
33
5
Terrain may be flooded well inland.
Winds : 155+ mph (135+ kt)
Complete roof failure on many residences and industrial buildings.
Some complete building failures with small utility buildings blown
over or away. Flooding causes major damage to lower floors of all
structures near the shoreline. Massive evacuation of residential
areas may be required.
Hurricanes are given names by an international committee. This reduces confusion when two or more tropical
cyclones occur at the same time. The list repeats itself every three years, but if a hurricane is especially damaging,
the name is retired.
Severe Thunderstorms
Also see current mitigation measures or the hazard rating. Also see thunderstorm hazard assessment.
Thunderstorms are underrated in the damage, injury, and death they can bring. Lighting precedes thunder because
lightning causes thunder. As lightning moves through the atmosphere, it can generate temperatures up to 54,000
degrees Fahrenheit. This intense heating generates shockwaves, which turn into sound waves, thus generating
thunder.
Warm, humid conditions encourage thunderstorms as the warm, wet air updrafts into the storm. As warm, moisture
rich air rises; it forms cumulus nimbus clouds, thunderstorm clouds, usually with a flattened top or an anvil shape,
reaching to 40,000 feet or more. If this air is unstable, the conditions are then there to cause hail, damaging winds
and tornadoes.
As a thunderstorm grows, electrical charges build up within the clouds. Oppositely charged particles exist at the
ground level. These forces become so strong that the air’s resistance to electrical flow is overcome. The particles
from both top and bottom then race towards each other to complete a circuit. Charge from the ground then surges
upward at nearly one third the speed of light to produce lightning.
Figure Source: USA TODAY
Each year lightning kills about 50 – 100 people, mostly during the spring/summer season. Typical thunderstorms last
anywhere from ½ to 1 hour. Most lightning strikes occur in the afternoon. 70% occur between noon and 6:00pm.
This is because as air temperatures warm, evaporation increases. Sundays have 24% more deaths from lightning
34
then any other day, followed by Wednesday. Lightning reports reach their peak in July.
Men are hit by lightning four times more often then women. Men account for 84% of lightning fatalities and 82% of
injuries. However, the actual number of deaths and injuries due to lightning have decreased over the last 35 years.
This is attributed to improved forecasts and warnings, better lightning awareness, more substantial buildings,
socioeconomic changes, and improved medical care.
In the United States, the National Weather Service recorded 3,239 deaths and 9818 injuries due to lightning strikes
between 1959 and 1994. Only 20% of lightning strikes cause immediate death. 70% of lightning strike victims that
survive experience residual affects, most commonly affecting the brain (neuropsychiatric, visual, and auditory).
These effects can develop slowly. Lightning strike victims have typically been walking in an open field or swimming
before they are struck. Other lightning victims have been holding metal objects such as golf clubs, fishing poles, hay
forks, or umbrellas.
Damage to property from direct or indirect lightning can take the form of an explosion, a burn, or destruction.
Damage to property has increased over the last 35 years. This is probably due to increased population. The
National Weather Service recorded 19,814 incidents of property damage between 1959 and 1994. Yearly losses are
estimated at $35 million by the National Weather Service. This amount is compiled from newspaper reports, but
many strikes are not reported. The National Lightning Safety Institute estimates damages at $4 to $5 billion. This
information is compiled from insurance reports and other sources that keep track of weather damages.
Thunderstorm winds also cause widespread damage and death. Thunderstorm ‘straight line’ wind occurs when raincooled air descends with accompanying precipitation. A thunderstorm is considered severe when winds exceed
57.5mph. At the very extreme, winds of 160mph have been recorded. These winds can smash buildings and uproot
and snap trees, and are often mistaken for tornadoes.
‘Downbursts’ can occur during a thunderstorm. This is an excessive burst of wind that is sometimes confused with
tornadoes. These are defined as a surface wind in excess of 125 mph caused by a small-scale downdraft from the
base of a convective cloud. A downburst occurs when rain-cooled air within a convective cloud becomes heavier
than its surroundings. Since cool air is heavier than warm air, it rushes toward the ground with a destructive force;
exactly what triggers the sudden down rush is still unknown.
A downburst appears to strike at a central point and blow outwards. (Picture a bucket of water dashed against grass.
If it hits straight on, the grass will be flattened in a circular pattern. If it hits at an angle, the grass will be flattened in a
teardrop pattern) Downbursts resulted in 268 deaths and 8 related accidents between 1974 and 1982.
Downbursts can be further classified into two categories:
1. Microburst: Less than 2 1/2 miles wide at the surface, duration less than 5 minutes and winds up to 146
miles per hour.
2. Macroburst: Greater than 2 1/2 miles wide at the surface, duration of 5-30 minutes with winds up to 117
miles per hour.
Tornadoes
Also see current mitigation measures or the hazard rating. Also see tornado hazard assessment.
Tornadoes are produced during severe thunderstorms, which are created near the junction between warm, moist air
and cold, dry air. Tornadoes derive their energy from the heat contained in warm, moist air masses. Tornadoes do
35
not form during every thunderstorm. They occur when the moist, warm air is trapped beneath a stable layer of cold
dry air by an intervening layer of warm dry air. This is called an inversion. If this is disturbed, the moist air will push
through the stable air that is holding it down. This warm air will then condense as the latent heat it holds is released.
This air will then spiral upwards. With the help of different types of winds, this spiral gains speed, producing a
tornado.
A tornado path is generally less then .6 miles wide. The length of the path ranges from a few hundred meters to
dozens of kilometers. A tornado will rarely last longer then 30 minutes. The combinations of conditions that cause
tornadoes are common across the southern U.S. in early spring, especially in April and May. Tornadoes have been
recorded as lifting and moving objects weighing more then 300 tons up to 30 feet. They can also lift homes off of
their foundations and move them 300 feet. They collect an incredible amount of debris, which they can whirl out of
their winds at high velocities. Tornadoes are usually accompanies by heavy rain.
Tornadoes can cause large amounts of property damage, injury, and death. Although more twisters hit the states that
run from Texas up through Oklahoma, Kansas and into Nebraska, more people are killed by the tornadoes that land
in the Southeast. The reasons given for the disparity include the different housing, geography and population density
and the greater tendency of tornadoes in the Southeast to strike at night. Between 1950 and 1997, the Tornado
Alley states of Texas, Oklahoma, Kansas, Nebraska and Missouri had 13,808 tornadoes, according to data compiled
by the National Storm Prediction Center. In those storms, 1,132 people died. In Alabama, Arkansas, Louisiana,
Mississippi, Georgia, Florida, Tennessee, North Carolina and South Carolina, there were 9,178 tornadoes and 1,648
deaths.
The National Weather Service issues a tornado watch for a specific location when the conditions are ripe for
tornadoes, and they are expected within a few hours. A tornado warning is issued when a tornado has actually been
sighted or indicated by weather radar.
Fujita Tornado Scale:
Category
Maximum Wind
Speeds
F0
40 – 72mph
Equivalent
Saffir-Simpson
Scale
NA
F1
73 – 112 mph
Cat 1/2/3
F2
113 – 157 mph
Cat 3/4/5
36
Typical Effects
Gale Tornado. Light Damage: Some
damage to chimneys; breaks twigs and
branches off trees; pushes over shallowrooted trees; damages signboards; some
windows broken; hurricane wind speed
begins at 73mph.
Moderate Tornado. Moderate damage;
Peels surfaces off roofs; mobile homes
pushed off foundations or overturned;
outbuildings demolished; moving autos
pushed off the roads; trees snapped or
broken.
Significant Tornado. Considerable
damage: Roofs torn off frame houses;
mobile homes demolished; frame houses
with weak foundations lifted and moved;
boxcars pushed over, large trees
F3
158 – 206 mph
Cat 5
F4
207 – 260 mph
Cat 5
F5
261 – 318 mph
NA
F6 – F12
Greater then 319
mph.
NA
snapped or uprooted; light-object
missiles generated.
Severe Tornado. Severe damage: Roofs
and some walls torn off well-constructed
houses; trains overturned; most trees in
forests uprooted; heavy cars lifted off
the ground and thrown; weak pavement
blown off roads.
Devastating Tornado. Devastating
damage: Well constructed homes
leveled; structures with weak
foundations blown off some distance;
cars thrown and disintegrated; large
missiles generated; trees in forest
uprooted and carried some distance
away.
Incredible Tornado. Incredible damage:
strong frame houses lifted off
foundations and carried considerable
distance to disintegrate; automobilesized missiles fly through the air in
excess of 200 ft; trees debarked;
incredible phenomena will occur.
The maximum wind speeds of tornadoes
are not expected to reach the F6 wind
speeds.
Hazardous Materials
Also see current mitigation measures or the hazard rating. Also see hazardous materials assessment.
Any area that manufactures hazardous materials, or contains transportation routes (roads, rail) that transports
hazardous materials is at risk for a hazardous material event. Approximately 6,774 HAZMAT (hazardous materials)
events occur each year nationwide. On the average 991 will be railway events. Trucks are responsible for most of
the remainder of events. The average distance for trip lengths for gasoline transport is 28 miles, 260 miles is the
average length for chemical trucks. Even though trucks account for most accidents, it is railway transport that has the
greatest potential for concern in many areas. Collisions and derailments can cause very large spills, as it is rare that
a single car will be damaged. Extremely hazardous substances, as defined by the EPA, can pose as serious threat,
whether by rail or other ground transportation.
HAZMAT spills occur at fixed sites each year. Natural disasters, such as floods and earthquakes can cause
HAZMAT releases or disturb old HAZMAT release sites (Superfund sites). These same disasters can make it difficult
to contain these events once they occur. Also, natural disasters can limit access to the spill, waterlines for fire
suppression may be broken, and response personnel and resources may be limited. Flooding and high winds can
quickly spread the contaminant, threatening agriculture, water supply and air.
HAZMAT releases pose short and long term threats to people, wildlife, vegetation, and the environment. HAZMAT
materials can be absorbed through inhalation, ingestion, or direct contact with the skin.
37
While no portions of Wilkes County fall within the 50-mile ingestion exposure pathway of the Duke Energy, McGuire
Nuclear Station, there may be plume effects. The 50-mile radius of the ingestion exposure EPZ is based on a
number of considerations. One of those considerations is that the downwind range, potentially threatened by
contamination, would generally be limited to about 10-miles or less from the power plant because of wind shifts, wind
speed during the release, and radioactive decay. Another is that the particulate material from a radioactive plume
would have been deposited on the ground within 50 miles of the facility. Considerable information regarding nuclear
facilities can be found in the state emergency operations plan and in state emergency response procedures.
Terrorist Activity
Also see current mitigation measures or the hazard rating. Also see terrorism hazard assessment.
Terrorism is the use of force or violence against persons or property in violation of the criminal laws of the United
States for purposes of intimidation, coercion or ransom. Terrorists often use threats to create fear among the public,
to try to convince citizens that their government is powerless to prevent terrorism, and to get immediate publicity for
their causes. The act of terrorism is a crime. The results of a terrorist act may be catastrophic.
The Federal Bureau of Investigation (FBI) categorizes terrorism in the United States as one of two types--domestic
terrorism or international terrorism.
Domestic terrorism involves groups or individuals whose terrorist activities are directed at elements of our
government or population without foreign direction.
International terrorism involves groups or individuals whose terrorist activities are foreign-based and/or directed by
countries or groups outside the United States or whose activities transcend national boundaries.
There are numerous documents regarding the efforts of the United States, the states themselves and local
jurisdictions to counter terrorist threats of both a domestic and international nature. The U.S. Department of
Homeland Security is charged with the coordination of national investigative and response organizations, to
determine threat levels and to issue warnings to the public through local, state and national official sources.
Domestic terrorist acts such as the 1995 Oklahoma City bombing of the Murrah Federal Building, which left 168
persons dead and international terrorist acts such as the destruction of both towers of the World Trade Center in
2001, which killed more than 6,000, have shocked and awakened our citizens to the very real threats and acts of
small groups of terrorist through out the world. The use of biological weapons, as in the case of the anthrax letters in
2001, can cause nationwide panic. While such panic is unfounded, public perception that they and their family are in
danger often frightens otherwise rational people into thinking, "am I next".
Other or unknown hazards (biologics, disease, etc.): Also see current mitigation measures or the hazard rating.
This particular threat is perhaps one of the most troubling and causes planners considerable concerns because they
are unknown. There are over 60,000 known chemicals as well as hundreds of diseases that effect human
populations as well as livestock and there are naturally occurring biological concerns. A fire at a plastics recycling
center, for example, may cause a significant local environmental impact from smoke and water runoff, smoke may be
toxic and cause death or injury to the human population as well as local livestock. Water runoff may kill aquatic life
and contaminate drinking water supplies. Additional hazards from smoke may be as minor as traffic congestion and
accidents in the immediate area to long term breathing difficulty in exposed populations. This one example is an
indicator of an unknown where the original product (plastics) presents little concern, but when burned causes
numerous hazards. Other concerns such as anthrax and foot and mouth are often classed as unknowns until
laboratory results have been examined. This can sometimes take days or weeks.
Power Failure.
38
A major electrical power failure is defined as a failure of the electrical distribution system that will exceed twenty-four
hours in duration and effect greater than 33% of the geographical area of the county. Electrical distribution systems
can be interrupted for a number of reasons, but those that have historically been the main cause are high winds
(tornadoes, hurricanes and severe thunderstorms) and severe winter storms, such as ice. A prolonged major
electrical distribution system failure during the middle of winter accompanied with very cold temperatures can have
dramatic effects on a population. There are two major distributors of electricity in Wilkes County. Duke Energy and
Energy United. Duke Energy reports 7,620 customers with a reliability rate of 99.97% or 0.27 days where electricity
may not be available. Energy United reports 6,176 customers with a reliability rate of 99.83% or 0.28 days where
electricity may not be available. This is less than 1% and therefore not considered a major threat for mitigation
purposes.
Mass Casualty
Also see current mitigation measures.
Defined as any occurrence in which twenty (20) or more persons are killed or sustain injury. Mass casualty incidents
are rare but are most likely to occur in transportation accidents. While mass casualty incidents are possible in severe
weather, they are also rare. As defined, no mass causality incidents have occurred in the County or the Municipalities
in the past 25 years.
Generally a large structure is defined as any structure exceeding 25,000 square feet. Large structural fires therefore
would include fully involved structures of this size or greater. Hospitals, government centers, manufacturing facilities,
warehouses, barns, etc. Multiple stories may be involved as well and constitute square footage. As defined, no large
structural fires have occurred in the County or the Municipalities in the past 25 years.
Landfill fires
Landfill fires are not restricted to publicly owned landfill operations. Private landfills, Construction and Demolition
landfills are also included. Landfill fires are perhaps some of the most difficult fires to fight because they are often
deep beneath tons of debris or other such materials. Landfill fires can be fueled by methane gas trapped in pockets
or by wood and paper debris. Effective methods of fighting such fires have been developed by the Wilkes County
Solid Waste Department.
Landslide
Current mitigation measures are incorporated in the outlines for hurricane, flood, wildfire and earthquake, elsewhere
in this plan.
According to the United States Geological Survey (USGS), landslides are a major geologic hazard that occurs in all
50 states, causing $1-2 billion in damages and resulting in an average of more than 25 fatalities each year (USGS,
1997). Landslides are especially troubling because they often occur with other natural hazards, such as earthquakes
and floods.
A deadly manifestation of landslides is debris flows. While some landslides move slowly and cause damage
39
gradually, others move so rapidly that they can destroy property and take lives suddenly and unexpectedly. Debris
flows (also referred to as mudslides, mudflows, or debris avalanches), are a common type of fast-moving landslide
that generally occur during intense rainfall on water-saturated soil. They usually start on steep hillsides as soil slumps
or slides that liquefy and accelerate to speeds as great as 35 miles per hour or more. They continue flowing down
hills and into channels depositing sand, mud, boulders, and organic material onto more gently sloping ground. Their
consistency ranges from watery mud to thick, rocky mud (like wet cement), which is dense enough to carry boulders,
trees, and cars. Debris flows from many different sources can combine in channels, where their destructive power
may be greatly increased.
Historical records suggest that destructive landslides and debris flows in the Appalachian Mountains occur when
unusually heavy rain from hurricanes and intense storms soaks the ground, reducing the ability of steep slopes to
resist the down slope pull of gravity. During Hurricane Camille in 1969, such conditions generated debris flows in
Nelson County, Virginia. The hurricane caused 150 deaths, mostly attributed to debris flows, and more than $100
million in property damage. Likewise, 72 hours of storms in Virginia and West Virginia during early November 1985
caused debris flows and flooding in the Potomac and Cheat River basins that were responsible for 70 deaths and
$1.3 billion in damage to homes, businesses, roads, and farmlands.
Nor'easter
The presence of the Gulf Stream off the eastern seaboard during the winter season acts to dramatically enhance
surface horizontal temperature gradients within the coastal zone. This is particularly true off the North Carolina
coastline where, on average, the Gulf Stream is closest to land north of 32° latitude. During winter offshore cold
periods, these horizontal temperature gradients can result in rapid and intense destabilization of the atmospheric
directly above and shoreward of the Gulf Stream. This air mass modification or conditioning period often precedes
wintertime coastal storm development.
It is the temperature structure of the continental air mass and the position of the temperature gradient along the Gulf
Stream that drives this cyclone development. As a low pressure deepens, winds and waves can quickly increase and
cause serious damage to coastal areas as the storm generally moves to the northeast. A pair of researchers, Davis
and Dolan (1993) has proposed an intensity scale that is based upon levels of coastal degradation. See the table
below:
The Dolan-Davis Nor'easter Intensity Scale
(Davis and Dolan, 1993)
Storm Class
Beach Erosion
Dune Erosion
Overwash
Property Damage
1 (Weak)
Minor changes
None
No
No
2 (Moderate)
Modest; mostly to
lower beach
Minor
No
Modest
3 (Significant)
Erosion extends
across beach
Can be significant
No
Loss of many
structures at local
level
4 (Severe)
Severe beach
erosion and
recession
Severe dune
erosion or
destruction
On low beaches
Loss of structures at
community-scale
5 (Extreme)
Extreme beach
erosion
Dunes destroyed
over extensive
Massive in sheets
and channels
Extensive at
regional-scale;
40
areas
millions of dollars
Analysis of nor'easter frequency by researchers reveals fewer nor'easters during the 1980s. However, the frequency
of major nor'easters (class 4 and 5 on the Dolan-Davis Scale) has increased in recent years. In the period 1987 to
1993, at least one class 4 or 5 storm has occurred each year along the Atlantic seaboard of the United States, a
situation duplicated only once in the last 50 years.
In North Carolina, the impact of the nor'easter is dramatized by the threatened state of the Cape Hatteras
Lighthouse. The threat of the nor'easter can fundamentally be confined to those coastal counties of North Carolina
that have experience hurricanes in this century, although its impact often reaches much further inland with largescale events. Table 3 of the Identifiable Hazards Ratings, depicts Wilkes County's potential vulnerability to
nor’easters.
***************************************************************************************************************
Sources of information contained in this Hazard Identification document and elsewhere throughout this Plan were derived from:
North Carolina DCCPS - Division of Emergency
County computer aided dispatch records / EM43
Federal Emergency Management Agency
Management
Reports
NC Department of Environment and Natural
Department of Homeland Security
Duke Energy
Resources
National Oceanic and Atmospheric Administration NC Department of Agriculture
Energy United
The Tornado Project
Wake Forest University - Disasters in the US
North Carolina Utilities Commission
National Weather Service
NC Department of Administration
U.S. Army Corps of Engineers
Department of Transportation
North Carolina General Statutes
Federal Aviation Administration
North Carolina Highway Patrol
Department of Energy - Nuclear Regulatory
Agency
North Carolina Division of Forest Resources
U.S. Department of Agriculture
NC Office of the State Geologist
Blue Sky foundation
U.S. Geological Survey
The Emergency Management Institute
FEMA - HAZUS computer models and projections
41
Codes and ordinances of the town (Planning
office)
Codes and ordinances of the county ( County
planner)
County Geographical Information Systems
(GIS/Mapping)
Hazardous Materials Emergencies - Cashman 1998
National Association for Search and Rescue
(NASAR)
National Fire Protection Association (NFPA)
HAZARD VULNERABILITY ASSESSMENT INDEX
Wilkes County, and the municipalities, following the intent of NCGS 166A and the
Disaster Mitigation Act of 2000, have assessed their vulnerability to hazards.
The hazards identified include those listed below. Other natural or man made hazards
that could occur in other parts of the country (i.e.: volcanoes, tsunamis, aircraft
accidents, etc.) were not analyzed because of (1) the location of our jurisdiction, (2)
there was no history of any such occurrence and the likelihood of such an occurrence
was less than .1% , (3) there was no indication in any researched document that such
events were ever likely to occur, therefore, the Hazard Mitigation Task Force felt it
appropriate that time and very limited resources be used to identify and analyze those
realistic hazards listed below.
Hazards were identified based upon (1) local records, (2) state records, (3) federal
agency records, (4) input from local staff, elected officials, administration, local
volunteer response personnel and the public.
Also see Current Mitigation Measures
(click on one of the links below to view analysis details)
42
Levels = 5 High, 4 Moderate, 3 Moderate, 2 Low, 1 Low)
WILKES COUNTY
THREAT / HAZARD
INDEX
(Click on the identified threat to
see the assessment)
Potential /
Probability
for future
occurrence
Potential
Impact
(Catastrophic,
Critical,
Limited,
Negligible)
Risk Area
(Countywide
includes the
Municipalities)
Conclusion
Rating
(for planning
purposes only)
Drought
Moderate
Negligible
Countywide
3
Earthquake
Moderate
Limited
Countywide
3
Floods
Moderate
Critical
4
Forest Fires
Low
Limited
See
specific
areas
Countywide
Hazardous Materials
High
Critical
5
Hurricanes
Low
Limited
See
specific
areas
Countywide
Severe
Thunderstorms/Wind/Hail
Terrorist Activity
(includes biologics)
Tornados
Moderate
Limited
Countywide
3
Low
Negligible
Countywide
1
Moderate
Limited
Countywide
3
Winter Storms
Moderate
Critical
Countywide
4
2
2
Other natural or manmade hazards that were considered, but when examined rated
less than 1 on the hazard rating.
Mass Casualty
Nor'easter
Dam failures
Power Failure
Landslide
HAZARD VULNERABILITY ASSESSMENT
DROUGHT
43
Rating: Moderate
General information index. Also see
current hazard mitigation
Since 1999 Wilkes County and the
municipalities, as well as the majority
of North Carolina cities, towns and
counties have faced an extreme to
severe drought. Drought effects in
Wilkes County have been prolonged
and extreme.
Drought has several meanings, as
outlined in the general information
index.
Generally, drought reduces the
amount of water available for agriculture, municipalities, industry, commerce, tourism, fire
suppression, and wildlife. Reduction of electrical power generation and water quality deterioration
is likely.
Water shortages in some communities have had dramatic effects on local budgets, revenues, and
citizens. Near panic situations among some members of the public, have caused elected officials
to spend considerable revenue to assist the public. Public and private water resources have been
severely taxed because of recent droughts.
As drought continued in North Carolina into the summer of 2002, it led to a declaration of disaster
for agriculture drought for Wilkes County. This led to funding becoming available for many
farmers in the form of Small Business Administration low interest loans. Numerous crop losses
over the past five years have forced some small family farms to cease operation. Dairy farms
have had to purchase extra feed from other areas because of poor silage production. This has
increased operational costs considerably.
The Drought Monitoring Council, a council of various state agencies, is organized to coordinate
activities of state agencies in the assessment and the response to drought and activates the
Drought Assessment and Response Plan, a part of the North Carolina Emergency Operations
Plan. The Agricultural Assistance Act of 2003 may provide assistance to the agriculture
community during times of crop or livestock losses during drought periods.
Drought effects are often severe. Drought can last for extended periods and drought effects all
citizens, businesses and government. Wilkes County and Wilkesboro governments have the
authority to restrict use of certain water resources. These restrictions and how they are imposed
are found in ordinance.
44
*Population
Population
Per Capita Income
*66,655
*30,749
Total damages/ costs in
previous 10 year period
$3,450,000**
** Estimated potential economic Impact from a catastrophic, prolonged meteorological,
agricultural, hydrological or socioeconomic drought.
Structural Damage (generally due to loss
from fire or abandonment)
Non - structural (i.e. crop damages,
livestock losses, etc.)
Contents
Capital losses (pumps, or additional
construction requirements)
Wages lost (fire, agriculture loss,
abandonment)
Water demand increased costs
Total Potential Losses
$11,491,200
$8,800,000
$1,000,000
$2,050,000
$7,500,000
$4,780,000
$35,621,200
45
($) Highest 25% of Water Bills for Households with Median Income
* Avg income =24,162. Avg household expense for water =1.0% $237.38 per annum)
based on an median cost increase per household of 2.5%
Source: Public Utility Consulting Selinsgrove, PA
(*Source NCDC EDIS)
(**actual estimated losses - NC Cooperative Extension Service 2009)
(*** NCDC and NOAA 2009)
46
EARTHQUAKE
Rating: Moderate
General Information index. Also see current earthquake mitigation measures.
Earthquakes are relatively infrequent but not uncommon in
North Carolina. Earthquakes are also unpredictable. From 1568
to 2003, 159 earthquakes have occurred in North Carolina.
North Carolina is affected by both the New Madrid fault in
Missouri and the Charleston fault in South Carolina. Both of
these faults have generated earthquakes measuring greater
than 8 on the Richter scale during the last two hundred years.
Wilkes County has experienced at least three earthquakes and
has been in proximity to others. While no significant damages
have ever been recorded in Wilkes County, the proximity to earthquake faults makes Wilkes County, as well as
all the municipalities vulnerable to such damages. The charts and images below depict recent history. The
entire county, including the municipalities are vulnerable, as is the entire population.
* Population
Population
Per Capita Income
Total damages in previous 10
year period
*66,655
*30,749
None
Note: An Earthquake's severity is expressed in both magnitude and intensity. The two terms are sometimes
confused for one another. Magnitude is related to the amount of seismic energy released at the hypocenter of
an earthquake. It is measured using the Richter Magnitude Scale.
Intensity is based on the observed effects on the earth's surface such as ground shaking or a building moving.
These effects vary according to your location relative to the epicenter. Intensity is measured using the Modified
Mercalli Intensity Scale.
The following is an abbreviated description of the 12 levels of Modified Mercalli intensity.
1.
Not felt except by a very few under especially favorable conditions.
2.
Felt only by a few persons at rest, especially on upper floors of buildings. Delicately
suspended objects may swing.
3.
Felt quite noticeably by persons indoors, especially on upper floors of buildings. Many
people do not recognize it as an earthquake. Standing motor cars may rock slightly.
Vibration similar to the passing of a truck. Duration estimated.
4.
Felt indoors by many, outdoors by few during the day. At night, some awakened. Dishes,
windows, doors disturbed; walls make cracking sound. Sensation like heavy truck
striking building. Standing motor cars rocked noticeably.
5.
Felt by nearly everyone; many awakened. some dishes, windows broken. Unstable
objects overturned.
6.
Felt by all, many frightened. Some heavy furniture moved; a few instances of fallen
plaster. Damage slight.
47
7.
Damage negligible in buildings of good design and construction; slight to moderate in
well-built ordinary structures; considerable damage in poorly built or badly designed
structures; some chimneys broken.
8.
Damage slight in specially designed structures; considerable damage in ordinary
substantial buildings with partial collapse. Damage great in poorly built structures. Fall of
chimneys, factory stacks, columns, monuments, walls. Heavy furniture overturned.
9.
Damage considerable in specially designed structures; well-designed frame structures
thrown out of plumb. Damage great in substantial buildings, with partial collapse.
Buildings shifted off foundations.
10.
Some well-built wooden structures destroyed; most masonry and frame structures
destroyed with foundations. Rail bent.
11.
Few, if any (masonry) structures remain standing. Bridges destroyed. Rails bent greatly.
12.
Damage total. Lines of sight and level are distorted. Objects thrown into the air.
Recent Earthquake history in North Carolina:
March 5, 1958
Wilmington, NC
Intensity: V (five)
Magnitude: 0
Damage: Shocks transpired along the coast
rolling people out of bed and shaking houses.
1987
North Carolina/Tennessee border
Magnitude 4.2
Largest to occur in the Southeast that year.
June 14, 1997
Henderson County, NC
Magnitude 2.5, Small earthquake
Damage: None reported
June 5, 1998
Mooresville, NC
Magnitude 3.2, Small earthquake
Damage: None reported
A map showing geological and seismic information for North Carolina.
(Image courtesy: North Carolina Geological Survey)
** Potential Economic Impact in Wilkes County (including municipalities) from a catastrophic greater than 6.0
(Richter scale) with a modified Mercalli intensity of 12, earthquake. Calculated to reflect an approximate 20%
48
loss of total tax value. This would be an unprecedented event.
Structural Damage
Non - structural (i.e. power distribution systems, etc.)
Contents
Lost inventory
Relocation losses (cost of relocating population)
Wages lost
Retail income losses
Total Approximate Potential Losses
$174,646,500
$127,700,000
$88,570,000
$96,930,000
$88,594,000
$63,440,500
$135,990,000
$775,871,000
*Source - NC Department of Commerce Economic Development Information System
** HAZUS Information Data base - FEMA - Dunn and Bradstreet 1994. Adjusted to 2002 by 31%. Worst case scenario.
1% total tax value ($38,377,742) Wilkes County Tax Department - 2002 values. Total tax value 2002 - $3,837,744,199
49
FLOODS
Rating: High
General information index. Also see current hazard mitigation measures. Also see
Wilkes County , Wilkesboro, North Wilkesboro and Ronda flood plain maps (FIRMs)
Wilkes County, North Wilkesboro, Rhonda and Wilkesboro and have all experienced
the effects of flooding. Fortunately there are only a handful of areas that are subject to
routine, repetitive, flash flooding and in these areas there are no known residential or
commercial structures at this time.
These were the headlines shortly after Hurricane Floyd struck North Carolina. Flooding
in North Carolina can be devastating.
Thirty-five deaths blamed on Floyd
RALEIGH, Sept. 20 – State officials confirm 19 deaths in
eastern North Carolina in Hurricane Floyd’s wake. A total
of 35 are presumed dead based on the incidents in this
county-by-county list. Two others are known to be missing.
To examine its vulnerability to flooding and make an appropriate assessment, the
county and the municipality choose several sources for information. One is the HAZUS
program offered by FEMA. HAZUS provides a computer model whereby certain data
can be obtained based on local conditions. The flood loss estimation methodology
consists of two basic analytical processes: flood hazard analysis and flood loss
estimation analysis. In the hazard analysis module, characteristics such as frequency,
discharge, and ground elevation are used to estimate flood depth, flood elevation, and
velocity. In the loss estimation module, physical damage and economic loss is
calculated based on the results of the hazard analysis. The results are displayed using
a series of reports. Another method was to examine currently available FIRMs (Flood
Insurance Rate Maps) also provided by FEMA. These FIRMs have been placed as a
layer upon the Wilkes County GIS system and were instrumental in the development of
the number of structures likely to be affected. This floodplain layer was then used to
input data into the damages model. The results are listed below.
50
ZONE
DESCRIPTION
A
AREAS OF 100-YEAR FLOOD; BASE FLOOD ELEVATIONS AND
FLOOD HAZARD FACTORS NOT DETERMINED.
AO
AREAS OF 100-YEAR SHALLOW FLOODING WHERE DEPTHS
ARE BETWEEN ONE (1) AND THREE (3) FEET; AVERAGE
DEPTHS OF INUNDATION ARE SHOWN, BUT NO FLOOD HAZARD
FACTORS ARE DETERMINED.
AE
BASE FLOOD ELEVATIONS DETERMINED.
AH
AREAS OF 100-YEAR SHALLOW FLOODING WHERE DEPTHS
ARE BETWEEN ONE (1) AND THREE (3) FEET; BASE FLOOD
ELEVATIONS ARE SHOWN, BUT NO FLOOD HAZARD FACTORS
ARE DETERMINED.
A1-A30
AREAS OF 100-YEAR FLOOD; BASE FLOOD ELEVATIONS AND
FLOOD HAZARD FACTORS DETERMINED.
A99
AREAS OF 100-YEAR FLOOD TO BE PROTECTED BY FLOOD
PROTECTION SYSTEM UNDER CONSTRUCTION; BASE FLOOD
ELEVATIONS AND FLOOD HAZARD FACTORS NOT
DETERMINED.
ANI
AREA NOT INCLUDED. NO FLOOD HAZARD DATA AVAILABLE.
B
AREAS BETWEEN LIMITS OF THE 100-YEAR FLOOD AND 500YEAR FLOOD; OR CERTAIN AREAS SUBJECT TO 100-YEAR
FLOODING WITH AVERAGE DEPTHS LESS THAN ONE (1) FOOT
OR WHERE THE CONTRIBUTING DRAINAGE AREA IS LESS THAN
ONE (1) SQUARE MILE; OR AREAS PROTECTED BY LEVEES
FROM THE BASE FLOOD.
C
AREAS OF MINIMAL FLOODING.
D
AREAS OF UNDETERMINED, BUT POSSIBLE, FLOOD HAZARDS.
V
AREAS OF 100-YEAR COASTAL FLOOD WITH VELOCITY (WAVE
ACTION); BASE FLOOD ELEVATIONS AND FLOOD HAZARD
FACTORS NOT DETERMINED.
V1-V30
AREAS OF 100-YEAR COASTAL FLOOD WITH VELOCITY (WAVE
ACTION); BASE FLOOD ELEVATIONS AND FLOOD HAZARD
FACTORS DETERMINED.
X
AREAS DETERMINED TO BE OUTSIDE 100-YEAR FLOODPLAIN.
X1-X30
AREAS OF 500-YEAR FLOOD; AREAS OF 100-YEAR FLOOD WITH
AVERAGE DEPTHS OF LESS THAN ONE (1) FOOT.
For the purposes of planning, the vulnerability assessment to this hazard used Wilkes
County GIS and the contour layer. Using this system allowed access to a foot print of
51
every structure currently on maps and currently located in the floodplain. To be of
maximum benefit to Wilkes County it was felt that listing structures by road name would
be best. Emergency services may then use this information to enhance warning
systems of persons in affected areas. Enhancement of that warning system, however,
is not part of this analysis. There may be overlaps in population because a number of
these waterways merge at various points. Also many creeks empty into or become part
of the Catawba River. Catawba River levels are controlled by dams and flood gates.
Therefore high water flooding in these areas is unlikely. Still, they are considered as
having a potential threat from flooding. The majority (approximately 73%) of structures
and population that could potentially be effected fall into this category. Digital images of
the Wilkes County 100 year flood plain and Wilkesboro 100 year flood plain are
available. FEMA Flood Insurance Rate Maps (FIRMs) are available from FEMA, Wilkes
County Emergency Management and the Wilkes County Planning Department. New
floodplain maps are expected to be produced by FEMA and North Carolina Emergency
Management within the next 24 months which may enhance this assessment.
There are no known critical facilities in either the 100 or 500 year flood plain!
There may be X Zones included in the estimates below. Elevation, discharge, and
flow were not calculated and location information was extrapolated only from
within the boundary of the 100 year flood plain. The following are maximum
numbers for planning purposes and analysis only.
Structural counts listed below are approximate and based upon a manual count
of structures in the floodplain using the Wilkes County GIS system. It was often
difficult to determine if the structure was a habitable structure or large
outbuilding. Address information could not be obtained at this time. Q3 data is
not available for Wilkes County. New mapping projects for flood purposes are
expected in 2005.
Estimated structures located in the 100
Estimated population in the 100 year flood
year flood plain
plain
412
1,277
* Damage estimates that may result from a catastrophic 100 year flood event:
Structural Damage
Non - structural (i.e. vehicles, boats, etc.)
Contents
Lost inventory
Relocation losses (cost of relocating
population)
Capital losses
Wages lost
$47,586,000
$2,900,000
$20,550,000
Not calculated
$24,000,000
Not calculated
$2,500,000
Not calculated
$97,536,000
** Dams listed in Wilkes County
Identification
Dam Name
Surface area
52
Across - Body of
Number
NC000084
NC000025
NC000024
NC000023
NC000096
NC000090
NC000089
NC000088
NC000087
NC000101
Orsbon Lake
C.A. Robinson Dam
Lackey Dam
Johnson Dam
Dwight Baity
Sidden Upper Dam
Walsh Fishing Lake
Oliver Dam
Yellow Jacket Lake
Aren Beshears Dam
NA
6
2
1.5
NA
1.3
NA
3.4
2
3
NC000085
Johnson Dam
NA
NC002813
NC000022
W. Kerr Scott Dam
Edison Dam
1475
4.5
NC000083
Al Beshears Dam
NA
NC000079
NC000078
NC000075
NC000091
NC000013
KOA Campground
Dam
Holly Farms Dam
Bentley Dam
John Andrews Dam
Sidden Lower Dam
Townes Dam
2
NA
5
NA
3.8
NC000086
Miller Dam
4.5
NC000080
11
Water
Reddies River - TR
Hunting Creek - TR
Warrior Creek - TR
Yadkin River - TR
Hunting Creek - TR
Double Creek - TR
Beaver Creek - TR
Cub Creek - TR
Moravian Creek
Little Fork Creek - TR
Little Hunting Creek TR
Yadkin River
Elkin Creek - TR
South Fork Reddies
River - TR
South Fork Reddies
River - TR
Cub Creek - TR
Moravian Creek - TR
Little Warrior Creek
Double Creek - TR
Little Warrior Creek
East Swan CreekTR
TR = Tributary
*** Flood Insurance Rate Maps (FIRMs)
Town of North Wilkesboro Wilkes County
Western Wilkes County
Map 1
Town of North Wilkesboro Northern Wilkes County
Central Wilkes County
Map 2
Town of North Wilkesboro Northwestern Wilkes County
Eastern Wilkes County
Map 3
Town of North Wilkesboro North Central Wilkes County Southwestern Wilkes County
Map 4
Town of Ronda
North East Wilkes County South Central Wilkes County
Town of Wilkesboro
Southeastern Wilkes County
* HAZUS Mathematical calculation based on 20% of all property values. N/A indicates the data was not available or
could not be calculated from available data.
** HAZUS Listings - 2003 (hzDams - HPLF database)
53
WILDFIRE
Rating: Low
The North Carolina Department of Environment and Natural Resources,
Division of Air Quality enforces the state open burning rules and many local
governments have additional restrictions on outdoor fires. Violating rules can
be expensive, not just in fines (up to $10,000) but in the cost for other fires that
may result. Our local fire departments respond to dozens of "woods fires"
every year as does the North Carolina Division of Forest Resources (also
known as the Forestry Service) (NCDFR). Wilkes County has perhaps the
most non-industrialized "wild land" of any county in the state. A total 358,199
forested acres. The terrain in Wilkes County in many areas is rugged and
inaccessible by motor vehicle.
Naturally occurring dead trees or dying trees in our forests and on other public
and private property often adds fuel to a fire and as the fuel builds up from ice
storms, drought, pine beetle damages, tornados and hurricanes (Hugo 1989)
the risk for significant wildfires increases. For the past ten years, Wilkes
County has experienced an annual average of ninety five (95) fires with slightly
less than four hundred fifty (450) acres burned. The majority of these fires
were carelessly started by manmade sources. The fuel "load" in Wilkes County
is not thought to be quite as extensive as in other areas of the state.
Tremendous effort has been put forth by local fire departments, the Division of
Forest Resources, the Cooperative Extension Service and others to help
reduce the fuel load by encouraging property owners to take advantage of
various programs, aimed directly at reducing the amount of deadfall and other
"fuel" for wildfire.
The entire county and all citizens have the potential to experience loss from
wildfire, however according to concerns expressed by fire officials in Wilkes
County, there are three major areas of critical attention. These areas were
defined for a number of reasons. Residential buildup, fuel buildup, access,
terrain and other factors led to the development of these three areas.
Wilkes County and NCDFR have jointly developed a number of pro active
mitigation measures to reduce the vulnerability to wildfire.
The following table represents the "top five" areas of greatest concern in
Wilkes County as expressed by the NCDFR. These areas represent
considerable urban interface. Urban interface can best be described as
housing and housing developments in areas that were once rural. Urban
interface is of considerable concern in wild fires and wildfire prevention. As
increases in development and new housing starts rise so does the potential for
wild fire to have an adverse effect on the population and their property. The
table also reflects potential (catastrophic) loss from wild fire by area.
Location:
Number of structures
54
Structure Loss
Potential
Piney Ridge area (Timber,
Grindstone, Piney Ridges)
Buck Mountain area
Leatherwood area
Greenstreet / Longbottom area
Elk Creek / Darby area
85
14,875,000
125
80
50
250
13,750,000
14,000,000
5,500,000
27,500,000
(* The figures above are estimates based on average current property valuation, timber valuation and
new residential construction costs in Wilkes County and assume worst case scenario) The following map
depicts the overall growth area and a migration from a rural to an urban interface.
NC DIVISION OF FOREST RESOURCES
The Division of Forest Resources has the
responsibility for protecting state and
privately owned forest land from forest fires.
The program is managed on a cooperative
basis with the counties. All one-hundred
counties participate in the forest fire
protection program. Emphasis in the fire
program include fire prevention efforts;
presuppression activities (including extensive
training of Division and non-Division
personnel); aggressive suppression efforts
on all wildfires; and law enforcement follow-up.
Staff assistance in forest fire control is provided to the field units by the Forest
Protection Section Fire Staff, consisting of a Program Head, Senior Staff Forester for
Training, Staff Forester for Operations & B.R.I.D.G.E, Staff Forester for Research and
Development and a Law Enforcement Staff of four investigators.
55
The Division has a very extensive training program in forest fire protection. The
National Interagency Incident Management System (NIIMS) training courses are used
in all fire organization and fire behavior training. The Incident Command System (ICS)
is used to organize and manage all forest fires. The ICS is an all risk organization
designed to organize and manage all natural and man-caused disasters other than
wars and civil disturbances. Maintaining a well trained, proficient forest fire control
organization is very similar to maintaining a well trained Army. New personnel are
constantly being trained to replace veterans that are retiring or leaving the program due
to promotions, transfers, or disability. Veteran fire fighters periodically undergo
refresher training in suppression tactics, strategy, organization, and management.
56
HAZARDOUS MATERIALS
Rating: High
Chemical - Fixed Facility
EXTREMELY HAZARDOUS MATERIALS
WILKES COUNTY
Emergency planning from the Wilkes County Local Emergency Planning Committee is available for the
following facilities determined by S.A.R.A. (Title III) to hold reportable quantities of extremely hazardous
materials. This planning information is available through the Wilkes County Office of Emergency
Management.
The listing is as complete as possible as of September 2009. The listing is only for facilities that have
reported. Additional companies report under Title III, but none use extremely hazardous substances.
Information regarding these facilities, as well as Tier II reports are available for inspection through the Wilkes
County Office of Emergency Management and the Wilkes County Local Emergency Planning Committee
(LEPC) and were part of this assessment for research purposes.
Extremely hazardous substances (EHS), are those materials defined in Attachment A of the Federal
Register, Volume 52, Entitlement is "The List of Extremely Hazardous Substances and Their Threshold
Planning Quantities.
Facility
Address
CAS # of
EHS
Town of N. Wilkesboro Waste Water Treatment
Plant
N. Wilkesboro, NC 7782-50-5
DML Industrial Products
Wilkesboro, NC
28697
Wilkesboro, NC
28697
Wilkesboro, NC
28697
Wilkesboro Fresh Plant (Tyson)
Pet
Chemical - Transportation
General information index. Also see current hazmat mitigation measures.
57
7664-41-7
7782-50-5
7664-41-7
Wilkes County has U.S. Highways, North Carolina highways and secondary roads. The N.C. Department of
Motor Vehicles estimates 2,750 commercial carriers every twenty four hours on US 421 alone, passing
through Wilkes County. A traffic count was conducted (August 5, 2003) for a four hour period during a
weekday, it counted east and west bound, placarded, commercial trucks carrying various forms of hazardous
material on US 421. The number of trucks counted was 36. Using estimates mathematically calculated (6
periods of 4hrs each x 36 = 216 commercial carriers in 24 hours. This was for US 421 only, but could be
considered as indicative of other major transportation routes. It can be concluded by mathematical
estimation, that approximately 8% of all commercial carriers in a twenty four hour period are carrying various
forms of hazardous material as cargo. A relative few transport extremely hazardous substances (EHS) No
carriers were counted, during the actual traffic count that were placarded as carriers of EHS.
Examining a one mile corridor along each major route, it has been determined that approximately 67% of the
population of Wilkes County (*66,897 x 67%) or 44,820 persons live or work within one mile of at least one
major highway. Wilkes County's population is estimated to be 74,000 by 2010 and the population density in
the one mile corridor is should be expected to increase. Keeping the same 67% population effected, by 2010
almost 50,000 people will live or work within the combined one mile transportation corridors defined below
and outlined in the demographics portion of the County Emergency Operations Plan.
For the purposes of planning the vulnerability to this hazard is divided into two groups. Critical Facilities and
Commercial and Residential structures. Each corridor is listed. There are overlaps in facilities and residential
in each corridor. Often highways intersect and or parallel one another.
It should be noted that while the overall area is high, the population in the corridor is high, and the potential
for occurrence is high (See hazard matrix for rating), the potential to effect the entire population in each
corridor is low. Hazardous materials spills or leaks generally do not effect areas larger than a one mile
perimeter and or one mile down wind.
Highway System - Wilkes County
US 21
NC 16
US 421/ 421 BUS
NC 18
NC 115
NC 268
Hazmat - Transportation Corridor Maps
US 21
US 421
NC 16
NC 18
3
Critical Facilities in one mile
corridor (number)
0
corridor (name)
corridor (number)
25
US 21
Commercial Facilities in one
mile corridor (approximate
number)
5
US 421 / US 421 BUS
number)
370
58
NC 115
NC 268
3
Residential in one mile corridor
> (approximate number)
53
Residential & Commercial
population in one mile corridor
(approximate number)
175
2,740
corridor (name)
Residential and Commercial
Wilkes County Wilkes County
Sheriff's Office
EMS
19,042
Rescue
Animal Control
Broadway
Water
Association
Cricket Fire
Department
Wilkesboro
Elementary
School
North
Wilkesboro
Town Hall
North
Wilkesboro Fire
Department
Wilkesboro
Street and
Public Works
Department
Cricket-Millers
Creek
Headquarters
Cricket-Millers
Creek - Stinson
Hill PS
Cricket-Millers
Creek - JJ
Recycling PS
Cricket-Millers
Creek- Cricket
Fire Dept PS
Millers Creek
Fire Department
C.C. Wright
School
Mt. Pleasant
Elementary
School
Wilkes
Community
College
North
Wilkesboro
Police
Department
N.C. Highway
Patrol
Wilkesboro
Civic Center
Cricket-Millers
Creek - Ryan's
PS
Cricket-Millers
Creek Williams PS
Cricket-Millers
Creek Harmony PS
Cricket-Millers
CreekWarehouse
Critical Facilities in one mile corridor
(number)
12
NC 16
number)
74
Residential in one mile
corridor
690
Residential and
Commercial population in
one mile corridor
Critical Facilities in one mile corridor
(name)
59
Wilkes County
Sheriff's Office
Wilkes County
Rescue
Wilbar Fire
Department
Central Wilkes
Middle School
Millers Creek
Intermediate
School
Millers Creek
Primary School
2,277
Moravian Falls West Wilkes Middle
Elementary
School
Wilkes Central
High School
Cricket-Millers
Creek Water Cloverdale PS
Boomer Fire
Department
Moravian Falls Fire
Department
corridor (number)
12
corridor (name)
NC 18
number)
137
2,040
County
Wilkes County
Government
Courthouse
Office Building
Fairplains
Wilkes County
Elementary
Jail
School
North
Moravian Falls
Wilkesboro
Elementary
Town Hall
North
North
Wilkesboro
Wilkesboro Fire
Police
Department
Department
North
Wilkesboro Wilkes Regional
Water Filtration Medical Center
Plant
McGrady Fire Moravian Falls
Department Fire Department
6,732
NC 115
60
corridor (number)
3
number)
31
Residential in one mile
corridor
305
population in one mile
corridor
corridor (name)
1,941
Wilkes County
Detention
Broadway Fire
Department
Wilkes/Iredell
Fire Department
corridor (number)
28
corridor (name)
NC 268
number)
210
1,410
County
Wilkes County
Government
Courthouse
Office Building
Jail
Solid Waste
Wilkes County
Wilkes County
Health
Social Services
Department
Rescue
Garage
Ronda
Goshen Fire
Community Fire
Department
Department
BoomerEast Wilkes
Ferguson
High School
Elementary
14,653
61
North
Roaring River
Wilkesboro
Elementary
Elementary
School
School
RondaWilkes County
Clingman
Central School
Elementary
Offices
School
Bradburn
Wilkes County
Distribution
School Bus
Center
Garage
Learning
North
Resource
Wilkesboro
Center
Town Garage
Ronda Town
Wilkesboro
Hall
Town Hall
Wilkesboro
Wilkesboro Fire
Police
Department
Department
Red Cross
Ferguson Fire
Department
Offices
Knotville Fire Roaring River
Department Fire Department
62
HURRICANE
Rating: Low
General information index. Also see current hazard mitigation measures.
Wilkes County, Wilkesboro, North Wilkesboro and Rhonda have all experienced the
inland effects of hurricanes. Perhaps the most memorable hurricane to directly effect
the area was Hurricane Hugo in 1989. Other storms however have had other impacts
ranging from flooding to "spin-off" tornados, storm surge, high winds and tropical storms
and depressions. Generally these storms effect the entire population. Past effects have
been direct devastation to homes and business as well as public buildings and utilities.
Hurricane Hugo resulted in structural and non-structural (i.e. power distribution system)
damages over $8 million dollars.
Although no deaths have been
recorded in Wilkes County as a direct
cause of a hurricane, most deaths that
occur from hurricanes occur from inland
flooding. Freshwater floods accounted for more than half (59%) of U.S. hurricane
deaths over the past 30 years. These floods cause 63% of U.S. hurricane deaths.
This vulnerability assessment assumes a, Category 1 (winds 74-95 mph) hurricane that
travels the entire length or width of the county. A Category 1 hurricane is the most likely
scenario for Wilkes County.
* Population
Population
Per Capita
Income
*66,655
*35,705
Average
Housing
value
(2003)
$111,200
Historical storm losses
$8,150,000
** Potential Economic Impact from a Category 1 hurricane, or equivalent wind
event. 20% population affected.
Structural Damage
$6,646,500
Non - structural (i.e. power distribution
$9,470,000
systems, etc.)
63
Contents
$4,670,000
Lost inventory
$1,930,000
population)
$7,640,000
Capital losses
$6,200,000
Wages lost
$1,440,000
$2,270,000
$40,266,500
*** Potential Debris generated from a Category 1 hurricane or equivalent wind
event.
TOTAL CUBIC YARDS
47,834
Total Acres needed to bury
5
Storage acres needed
3
Processing acres needed
2
Woody Debris (cubic yards)
12,350
Construction and demolition debris
(cubic yards)
30,030
Burnable debris (cubic yards)
12,6134
Soil debris (cubic yards)
1,502
Metals (cubic yards) - possible recycle 4,505
Landfilled debris (cubic yards)
11,411
Minimum cubic yards potential (+/30,030
30%)
Maximum cubic yards potential (+/55,770
30%)
Source - NC Department of Commerce Economic Development Information System
** HAZUS Information Data base - FEMA - Dunn and Bradstreet 1994. Adjusted to 2002 by 31%. Worst case
scenario.
*** Debris management program mathematical formulas - FEMA- NCDEM- GCEM- 1999
64
TERRORIST ACTIVITY, INCLUDING BIOLOGICS AND WEAPONS OF MASS DESTRUCTION
Rating: Low
General information index. Also
see current mitigation measures
The Defense Against Weapons of
Mass Destruction Act -1996
defines weapons of mass
destruction as "any weapon or
device that is intended, or has the
capability, to cause death or
serious bodily injury to a
significant number of people
through the release,
dissemination, or impact of -- (A)
toxic or poisonous chemicals or
their precursors; (B) a disease
organism; or (C) radiation or
radioactivity." President Clinton’s
Executive Order 12938 -- entitled
"Proliferation of Weapons of
Mass Destruction" -- of November
14, 1994 also defines weapons of
mass destruction to be "nuclear,
biological, and chemical
weapons." (NBC)
The first recorded use of
biological agents was by the
Romans, using dead animals to
foul the water supply of their
enemies.
The modern history of biological warfare starts in 1918 with the Japanese formation of a
special section of the Japanese Army (Unit 731) dedicated to biological weapons. The
thought at the time was "Science and technology are the keys to winning the war and
biological weaponry is the most cost effective." The U.S. program of biological warfare
started in 1942.
Biological and chemical warfare and the use of chemical and biological weapons is now
expressly forbidden by United Nations treaty. Recent events in our country have made
us re-examine the realistic threat to all communities.
Direct attacks such as the Oklahoma City bombing of the Murrah building was an act of
domestic terrorism. The attacks on the World Trade Center in 2001 were acts of
international terrorism. Attacks can take many forms. They are all designed to literally
65
terrorize citizens.
While Wilkes County has not been effected, to date by direct attacks, there have been
events linked to domestic and international terrorism. Such is the case of a young lady
who observed suspicious activity in a parking lot and called law enforcement. According
to some reports, when the incident was examined it was found to have implications of
terrorist activity.
An examination of approximately 50% of critical facilities for weaknesses and potential
attack was conducted in May, 2003, by an experienced, retired law enforcement officer.
While this was an informal examination it revealed that many critical facilities were
vulnerable to direct attack. No recommendations are included in the development of
this portion of the mitigation plan and an in depth analysis would have to be performed.
What it did reveal was the potential. It should be emphasized that no structure is 100%
secure and that all citizens and all areas are subject to the effects of terrorism even if
the event does not occur in Wilkes County. Numerous local citizens were traumatized
by the events at the World Trade Center, the Pentagon and in Pennsylvania on
September 11, 2001. The incident with anthrax being sent through the mail in other
parts of the country had citizens in Wilkes County so concerned, many would not open
their mail and dozens of cases of suspicious white powder were reported and
responded to by local emergency responders. No positive results for anthrax
contamination have been found in Wilkes County.
* Population
Population
Per Capita Income
*66,655
*38,135
Total terrorism losses in
0
There is no known method or model to project physical and economic losses in a
terrorism event. However, if all critical facilities in the county were destroyed in a worst
case scenario or rendered unsafe, losses can be generally calculated as below.
Structural Damage
systems, etc.)
Contents
Lost inventory
Relocation losses (cost of relocating to
temporary facilities)
Capital losses
Wages lost (60 day period)
$114,874,450**
$2,188,084 ***
$4,550,000
$3,930,000
$9,564,000
$7,542,000
$3,984,000
unknown
$146,632,534
* Source US Census 2008 Population, Per Capita Income 2007
**Source Wilkes County tax records
***Extrapolated HAZUS data
66
TORNADOES
Rating: Moderate
General information index. Also see Current Hazard Mitigation. See the Wilkes County
tornado history map.
Wilkes County, like much of North Carolina, has had experience with tornados in recent
history. The most recent out break of tornado activity was May 5, 1999. All tornados
recorded or suspected in Wilkes County have been of the F0 and F1 class. Research
into tornados in Wilkes County has shown that each "section" of the county (north,
south, east and west) has experienced this violent type of storm. History has also
shown the type of tornado experienced displays a narrow path or track with a duration
of less than one (1) minute. Damage estimates have averaged less than $350,000 per
storm. There have been no deaths or serious injuries in the ten year period.
To a limited degree, the potential for tornado development is predictable, as is the
possible track of storms likely to produce tornados. Generally these storms develop
south west of Wilkes County and travel north east. Tornado watches and warnings are
issued by the National Weather Service in Greenville/Spartanburg, SC.
While F5 tornados are very, very rare, they are possible. It is also possible that a
tornado can develop and strike any facility, business or residential area. The entire
county, including the municipalities are vulnerable, as is the entire population.
Reasonable expectation, however would be for tornados of considerably less intensity,
resulting in a considerable reduction in the calculations below. A key point to
remember is the size of a tornado is not necessarily an indication of its intensity.
67
This vulnerability assessment assumes worst case (F5) that travels the entire length or
width of the county:
* Population
Population
Per Capita Income
*66,655
*30,749
Total storm losses in
$3,150,000
** Potential Economic Impact from an F5 tornado, catastrophic wind event or
earthquake
Structural Damage
systems, etc.)
Contents
Lost inventory
population)
Capital losses
Wages lost
$59,146,500
$179,470,000
$74,670,000
$3,930,000
$57,640,000
$26,200,000
$31,440,000
$22,270,000
$454,008,500
*** Potential Debris generated from an F5 tornado or catastrophic wind event
TOTAL CUBIC YARDS
Construction and demolition debris
(cubic yards)
435,831
45
27
18
130,749
305,082
128,134
15,254
68
Metals (cubic yards) - possible recycle
Landfilled debris (cubic yards)
Minimum cubic yards potential (+/30%)
Maximum cubic yards potential (+/30%)
45,762
115,931
305,082
566,580
**** Potential Death and injury totals from an F5 tornado or catastrophic wind
event
Deaths
Serious Injury
50
100
The "Percentage of Tornado-Related Deaths 1950-1994" pie chart shows that while
violent tornados are few in number, they cause a very high percentage of tornadorelated deaths. The Tornado Project has analyzed data prior to 1950, and found that
the percentage of deaths from violent tornados was even greater in the past. This is
because the death tolls prior to the introduction of the forecasting/awareness programs
were enormous: 695 dead (Missouri-Illinois-Indiana, March 18, 1925); 317 dead
(Natchez, Mississippi, May 7, 1840);.255 dead (St. Louis, Missouri and East St. Louis,
Illinois, May 27, 1896); 216 dead (Tupelo, Mississippi, April 5, 1936); 203 dead
(Gainesville, GA, April 6, 1936). In more recent times, no single tornado has killed more
than 50 people since 1971.
Provided by: The Tornado Project
** HAZUS Information Data base - FEMA - Dunn and Bradstreet 1994. Adjusted to 2002 by 31%. Worst case
scenario.
**** Based on historical information 1950 - 2000 - Tornado Project Online (www.tornadoproject.com)
69
SEVERE THUNDERSTORM
Rating: Moderate
General Information index. Also see Current Hazard Mitigation.
Wilkes County has experienced an average of 27 severe thunderstorms per year. Many hazardous
weather events are associated with thunderstorms. Fortunately, the area affected by any one of them
is fairly small and—most of the time—the damage is fairly light. Lightning is responsible for many fires
each year, as well as causing deaths when people are struck. Under the right conditions, rainfall from
thunderstorms causes flash flooding. Hail up to the size of softballs damages cars and windows, and
kills wildlife caught out in the open. Strong (up to more than 120 mph) straight-line winds associated
with thunderstorms knock down trees and power lines. Straight-line winds are often thought to be
tornados because of their often-violent destruction. Tornados (with winds up to about 300 mph) can
destroy all but the best-built man-made structures. Therefore the number of thunderstorms and the
potential for a variety of other weather events makes this hazard one of the most potentially
devastating.
To a limited degree, potential thunderstorm development is predictable, as is the possible track of
storms likely to produce severe thunderstorms, or as depicted, super-cell thunderstorms.
Generally these storms develop south west of Wilkes County and travel northeast. The National
Weather Service in Greenville/Spartanburg, SC issues thunderstorm watches and warnings.
While super-cell storms are very rare, they are possible. It is also possible that a super-cell or
other severe thunderstorm can develop and strike any facility, business or residential area. The
entire county, including the municipalities are vulnerable, as is the entire population. Reasonable
expectation however would be for storms of considerably less intensity, resulting in a
considerable reduction in the calculations below. This assessment assumes multiple severe
thunderstorms producing at least one super-cell producing straight-line winds of maximum
magnitude of 120 miles per hour. It should be noted that these damages are approximate to an
F2 tornado.
This assessment and analysis for estimated potential economic impact is based on a wind event
within a severe thunderstorm that is equivalent to an F2 tornado. While this is severe, the
estimates are based on a 20% affected population.
There have been no reported fatalities in Wilkes County in the 10 year period examined due to
severe thunderstorms. However, all structures and all citizens are affected by these storms to a
degree.
A super cell thunderstorm with rotating updraft makes a perfect backdrop for a
mobile mesonet during the STEPS project. Photo by Daphne Zaras, NSSL.
National Oceanic & Atmospheric Administration (NOAA
70
•
Population
Population
Per Capita Income
*66,655
*30,749
Total storm losses in
Data not available for this
specific hazard. See
tornados, floods, and forest
fires.
** Estimated / Potential Economic Impact from a catastrophic wind event
Structural Damage
systems, etc.)
Contents
Lost inventory
population)
Capital losses
Wages lost
$9,214,800
$9,823,000
$4,890,000
$1,310,000
$9,213,000
$8,733,000
$1,480,000
$2,423,000
$47,086,800
*** Estimated / Potential Debris generated from a severe thunderstorm which generates a
F2 tornado.
174,332
TOTAL CUBIC YARDS
18
11
7
52,299
Construction and demolition debris (cubic
122,033
yards)
51,254
6,102
Metals (cubic yards) - possible recycle
18,305
Land filled debris (cubic yards)
46,372
Minimum cubic yards potential (+/- 30%) 122,033
Maximum cubic yards potential (+/- 30%) 226,632
**** Potential Death and injury totals in a severe thunderstorm
Deaths
Serious Injury
50
100
** HAZUS Information Data base - FEMA - Dunn and Bradstreet 1994. Adjusted to 2002 by 31%. Worst-case scenario.
71
**** Based on historical information 1950 - 2000 - Tornado Project Online (www.tornadoproject.com)
WINTER STORMS
Rating: High
General information index. Also see Current Hazard Mitigation.
Wilkes County as well as the
municipalities have all experienced
severe winter storms. The most
memorable storms in recent history
have been the ice storms of
1994,1996 and 2003. The storm in
1996 left several thousand citizens
without electric power for up to nine
days. Shelters were opened and
some roads were impassable for
up to four days. Considerable
disruption to business, industry,
schools and government services
occurred.
Winter storms in Wilkes County
have inherent problems and often
considerable costs associated with
snow and ice removal or clearing,
shelters that may have to be
opened, numerous traffic
accidents, power outages, and
citizens who will lack proper food
supplies or adequate heat.
Citizens also inappropriately use a
variety of heating devices that can
and do cause fires. Some even
cause toxic fumes to build up in a
residence that can lead to death.
Death from a fire itself, toxic gases
or when no heat is present,
hypothermia.
The entire county and the entire
population is vulnerable to a severe
winter storm.
Photo courtesy of Jim Rimkunas and James Weismuller
(NOAA/NWS)
* Population
Population
Per Capita Income
72
Historical storm losses
*66,655
*$38,135
$35,750,000
** Estimated / Potential Economic Impact from a catastrophic ice storm.
Structural Damage
systems, etc.)
Contents
Lost inventory
population)
Capital losses
Wages lost
Snow and ice removal
$9,214,800
$18,823,000
$1,000,000
$1,310,000
$2,213,000
$8,733,000
$10,480,000
$4,500,000
$56,273,800
*** General information regarding deaths from winter storms:
Winter storms can kill without breaking climatological records. Their danger is
persistent, year to year. Since 1936 snowstorms have caused, directly and
indirectly, about one hundred deaths a year - and a year of 200 deaths is not
unusual. Of such deaths, usually just over a third are attributed to automobile
and other accidents; just less than a third to overexertion, exhaustion, and
consequent fatal heart attack; while only about 11% result from exposure and
fatal freezing. The remaining number, about 20%, are deaths due to home
fires, carbon monoxide poisoning in stalled cars, electrocution from downed
wires, and building collapse. Large numbers of snow-related deaths - 345 and
354 - occurred in 1958 and 1960 respectively. About half of these deaths
occurred in New England, New York, and Pennsylvania.
** Source - Wilkes County FEMA DSRs 94/96 adjusted to 2002 values.
*** Source - NOAA / sunysuffolk.edu
73
HAZARD AND VULNERABILITY MITIGATION
Concept
Hazard and vulnerability mitigation can be an all encompassing program that can be
complex or it can be resolved to do only those things necessary, practical or cost
effective to accomplish. Reduction or elimination of a threat or the potential damages
and loss of life from a catastrophic incident is the main goal of hazard mitigation.
Hazard and vulnerability mitigation is not just a government function. It involves
government certainly, but both the public and private sector must work together to
reduce risks for the good of the community.
Mitigation can be in the form of legal measures, new building codes and construction
techniques or simply restricting parking near critical facilities. Details of
recommendations are found in later documents.
Planning
Each jurisdiction agreed that it was important to have a multi-jurisdictional plan and that
it be coordinated. Interviews with local county and municipal officials were used to
identify existing capabilities. Interviews are helpful developing the critical professional
relationship needed to build a mitigation network. These personal interviews also allow
in-depth questioning when a particular question or response prompts additional issues.
Where interviews are not possible, survey questionnaires can be used to obtain data
regarding each department’s specific programs and authorities. These surveys, like the
interviews, seek information from appropriate representatives about their department’s
day-to-day and emergency programs. In addition, questionnaires allow respondents the
opportunity to make recommendations for improvement in their own agencies and in
others where it might not otherwise be welcomed. This data provides a valid starting
point for gathering information for the vulnerability assessment. Additional information is
sought from individuals, agencies or departments via email. This electronic means of
communications has allowed for rapid questioning and the receipt of information.
Internet resources were and are used extensively.
Following the recommendations of the Division of Emergency Management (NC
Department of Crime Control and Public Safety) and the Federal Emergency
Management Agency (FEMA) , Wilkes County has taken the necessary action and
determined its capability to develop an exemplary hazard mitigation plan. The
Capability Assessment for Wilkes County included the following categories:
•
Legal—An inventory of the powers available to local governments enumerated
in the North Carolina General Statutes to identify which can be used to craft
hazard mitigation measures at the local level, and also assess legislation that
may impose limits on certain mitigation efforts.
•
Institutional—A description of the type of government, including an inventory of
key decision-making positions (both long range and day-to-day).
•
Political Capability—Discussion as to how mitigation can be inserted into
74
everyday decision-making, and aid in de-politicizing the issue.
•
Fiscal—Inventory of sources of funding available to communities to implement
local hazard mitigation plans, including both government and private programs.
Similar techniques are used in data collection. The information gathered will assist in
making suggestions for suitable mitigation opportunities.
In addition to the items listed above, Wilkes County also seeks to identify local policies
or practices, which may weaken existing mitigation efforts or even exacerbate risk.
Local mitigation planning activities include:
•
•
•
•
the identification and analysis of hazards that threaten the community;
an assessment of vulnerable properties and populations;
an assessment of local capabilities to implement various mitigation programs
and policies; and
the identification and prioritization of feasible mitigation opportunities.
Planning Process
The planning process will includes meetings with a multi-jurisdictional Hazard Mitigation
Task Force where discussions regarding the hazards (based on the priority as outlined
in the hazard matrix), are identified and rated, as well as numerous meetings,
interviews and conversations with staff, local citizens, state officials and others. Current
policy, county ordinance, building code, general statute or federal codes were
examined for possible mitigation efforts for each hazard. Each hazard mitigation effort
was assessed for the capability of the community to respond effectively as well as its
potential for effective recovery. An assessment was made for mitigation potential from
either legal or voluntary means or a combination of those means. Interim conclusions
were drawn and recorded. From the interim conclusions goals were established which
may include recommendations for policy, code or ordinance or outreach education
programs to achieve those goals. Formal recommendations can then be made to
appropriate officials for action. Implementation of the goals, policy, procedure, or
ordinance of each hazard to be mitigated will be assigned to the appropriate
department or agency for conclusion. The effectiveness will be monitored for a period of
not more than two years and a report of the effectiveness will be forwarded to the Chair
of the Hazard Mitigation Task force, as outlined below. The Emergency Management
Coordinator as outlined in Coordination below will then, if necessary, make revisions,
updates or modifications. The Federal Emergency Management Agency (FEMA) will
conduct a thorough plan review and update not more than five years from the date of
formal approval. Wilkes County, and the municipalities, following the intent of NCGS
166A-6.01, Senate Bill 300 and the Disaster Mitigation Act of 2000, have assessed their
vulnerability to hazards.
The Hazard Mitigation Plan Update planning process includes meetings with a multijurisdictional Hazard Mitigation Task Force where discussions regarding the hazards
(based on the priority as outlined in the hazard matrix), are identified and rated, as well
as numerous meetings, interviews and conversations with staff, local citizens, state
officials and others. Current policy, county ordinance, building code, general statute or
federal codes were examined for possible mitigation efforts for each hazard. Each
hazard mitigation effort was assessed for the capability of the community to respond
effectively as well as its potential for effective recovery. An assessment was made for
mitigation potential from either legal or voluntary means or a combination of those
means. Interim conclusions were drawn and recorded. From the interim conclusions
75
goals were established which may include recommendations for policy, code or
ordinance or outreach education programs to achieve those goals. Formal
recommendations can then be made to appropriate officials for action. Implementation
of the goals, policy, procedure, or ordinance of each hazard to be mitigated will be
assigned to the appropriate department or agency for conclusion. The effectiveness will
be monitored for a period of not more than two years and a report of the effectiveness
will be forwarded to the Chair of the Hazard Mitigation Task force, as outlined below.
The Emergency Management Coordinator as outlined in Coordination below will then, if
necessary, make revisions, updates or modifications. In the event that Wilkes County is
impacted by a disaster that receives a Presidential Declaration, then the plan will be
updated following the event. The Federal Emergency Management Agency (FEMA) will
conduct a thorough plan review and update not more than five years from the date of
formal approval. Wilkes County, and the municipalities, following the intent of NCGS
166A-6.01, Senate Bill 300 and the Disaster Mitigation Act of 2000, have assessed their
vulnerability to hazards.
Public Involvement / Participants
Prior to beginning work on the plan, an initial meeting with key officials was held. This
meeting was held on July 14, 2003 in the Wilkes County Emergency Operations
Center. A “kick-off” meeting was then held with all members of the task force, to
describe project approach, goals and objectives of the project, technical services
available to the county and municipalities, specific projects and expectations of
results. This meeting was held on July 22, 2003 at the Emergency Operations Center in
Wilkesboro. The intent of this initial meeting was to enable all participating communities
and County departments a chance to comment on the scope of
projects. Representatives of neighboring communities, state agencies, federal
agencies, the public and other interested parties were invited to attend and have input
into the Hazard Mitigation Plan. Wilkes County intentionally placed public members on
the Hazard Mitigation Task Force so that input would always be received. Wilkes
County went to great lengths to insure the public was informed of the planning process.
A copy of the certification is contained in the Hazard Mitigation Plan. The first draft
review was conducted via internet from September 26, 2003 until October 3, 2003 with
members of the public, press and Hazard Mitigation Task Force having an opportunity
to thoroughly review the draft. A second meeting was held when the final draft was
completed prior to its submittal to the North Division of Emergency Management, for
review. This meeting was held on October 6, 2003 at the Emergency Operations Center
in Wilkesboro. The draft was submitted to the Hazard Mitigation Branch of the North
Carolina Division of Emergency Management on October 15, 2003. The North Division
of Emergency Management completed its review and returned the plan on February 17,
2004 with comments and concerns. Those comments and concerns were addressed
and the plan returned to the State on March 5, 2004. Final approval was given by the
State on MM, DD, 2003 and the plan was sent to the Federal Emergency Management
Agency for approval. The Hazard Mitigation Plan Update process began in 2008 after
finding that funding would not be available to the County to update the existing Hazard
Mitigation Plan. Due to budget constraints and limited staff it required sometime to find
a consultant that would be willing to work with Wilkes County with limited project funds
to update the Hazard Mitigation Plan. The County entered into an agreement with CEM
Associates, Inc. to update the Hazard Mitigation Plan. Prior to beginning the update
process an initial meeting with key officials was held. This meeting was held on
January 12, 2009 in the Wilkes County Emergency Operations Center. A “kick off”
meeting was then held with members of the task force, to describe project approach,
status on the original goals and objectives of the original plan. Review of technical
services available to the county and municipalities since the original plan was
76
developed. This meeting was held in the Wilkes County Emergency Operations Center
on January 28, 2009. Representatives of neighboring communities, state agencies,
federal agencies, the public and other interested parties were invited to attend and have
input into the Hazard Mitigation Plan. Wilkes County intentionally placed public
members on the Hazard Mitigation Task Force so that input would always be received.
Wilkes County went to great lengths to insure the public was informed of the planning
process.
A copy of the certification is contained in the Hazard Mitigation Plan Update. The first
draft review was conducted via internet from October 20, 2009 until November 3, 2009
with members of the public, press and Hazard Mitigation Task Force having an
opportunity to thoroughly review the draft. A second meeting was held when the final
draft was completed prior to its submittal to the North Division of Emergency
Management, for review. This meeting was held on November 5, 2009 at the
Emergency Operations Center in Wilkesboro with invitation to all agencies, cities and
municipalities and public invited. The draft was submitted to the Hazard Mitigation
Branch of the North Carolina Division of Emergency Management on November 9,
2009. The North Division of Emergency Management completed its review and
returned the plan on MM, DD, 2009 with comments and concerns. Those comments
and concerns were addressed and the plan returned to the State on MM, DD, 2009.
Final approval was given by the State on MM, DD, 2009 and the plan was sent to the
Federal Emergency Management Agency for approval.
Additional meetings were held as necessary, and often on an individual department,
agency or personal basis. Input was sought from state and federal mitigation planners
as necessary or appropriate. A final draft was prepared and submitted to the Board of
Commissioners and the municipal Councils and Boards for approval. The approved
mitigation plan was then copied and distributed to users, including the appropriate state
and federal agencies.
Additional meetings were held as necessary, and often on an individual department,
agency or personal basis for the updating process of the Wilkes County Hazard
Mitigation Plan Update. Input was sought from state and federal mitigation planners as
necessary or appropriate. A final draft update will be prepared and submitted to the
Board of Commissioners and the municipal Councils and Boards for approval. The
approved mitigation plan will then copied and distributed to users, including the
appropriate state and federal agencies.
A Hazard Mitigation Task Force has been developed in Wilkes County.
Participants are as follows:
County Commission
County Manager
Emergency Services (EMS, Communications, Fire, Sheriff, Rescue)
Emergency Management
GIS/Mapping
Planning
Public Utilities (public member)
Social Services
Health Department
Sheriff
Tyson Foods, Inc. (public member)
Wilkes Regional Medical Center (public member)
Tax Assessors Office
School System
77
Town Manager - Wilkesboro
Town Planning - Wilkesboro
Town Manager - North Wilkesboro
Town Codes enforcement - North Wilkesboro
Wilkesboro Chamber of Commerce (public member)
North Wilkesboro Chamber of Commerce (public member)
Region D Council of Governments (Regional government coordination)
NC Emergency Management
NC DOT
NC State Highway Patrol
CEM Associates, Inc.
Whenever possible or practical, the public was notified and invited to participate in the
planning process. This was conducted by advertising in a local newspaper the
availability, at a public place or by internet, of the plan for inspection and comment by
members of the public (sees Wilkes County Hazard Mitigation Certifications). An
opportunity for comment was open for a period of not less than ten nor more than thirty
days from the date of publication. When revisions to the plan are required, requested or
recommended and these revisions are beyond the scope of administrative correction,
drafts of those items to be included in the plan will be offered for public inspection and
comment. This will be accomplished in the same manner as previously stated in this
paragraph. Public comments on the plan will be accepted in the time period up until the
governing body convenes to consider the plan for adoption.
Whenever possible or practical, the public was notified and invited to participate in the
update planning process. This was conducted by advertising in a local newspaper the
availability, at a public place or by internet, of the plan for inspection and comment by
members of the public (sees Wilkes County Hazard Mitigation Certifications). An
opportunity for comment was open for neither a period of not less than ten nor more
than thirty days from the date of publication. When revisions to the plan are required,
requested or recommended and these revisions are beyond the scope of administrative
correction, drafts of those items to be included in the plan will be offered for public
inspection and comment. This will be accomplished in the same manner as previously
stated in this paragraph. Public comments on the plan will be accepted in the time
period up until the governing body convenes to consider the plan for adoption.
In general, it is anticipated that any opposition to the final plan will be low given the
history of the County with numerous severe weather and chemical events. It has been
demonstrated in disaster planning literature that citizens place mitigation high on their
agendas as much as a year and a half after the most recent events. Given that Wilkes
County has faced numerous disasters in a period of 15 years, most county residents
understand the risk they face and favor a proactive approach.
Coordination, Maintenance and Approval:
Coordination shall be the responsibility of the Wilkes County Office of Emergency
Management. In this role, EM is responsible for organizing meetings and agendas,
arranging technical assistance, gathering pertinent documents for distribution and
compiling recommendations for the Task Force. The County Manager serves as the
Task Force Chair, unless it is determined that those duties need to be assumed by
another member of the Task Force. The County Manager will make the final
presentation to the Board of Commissioners for adoption of the Hazard Mitigation Plan.
The town or town managers will be responsible for making presentations to their council
78
or board. Where no town manager is employed, the Emergency Management
Coordinator shall make the formal presentation to the municipal council or board. The
County Manager and or Town managers may elect for the contractor to present the
plan to the various elected bodies. It is the intent of the county and the municipalities
that this plan be a "living" document that can and will be updated and modified as often
as necessary or required.
The Task Force Chair shall also ensure that this mitigation plan is distributed to all
county and municipal planning agencies in Wilkes County. Planners should review the
mitigation plan when updating, modifying or proposing adoption of other plans such as
transportation thoroughfare plans, land use and development plans and other such
plans that may have a direct impact upon hazard mitigation. Proposals and modification
to ordinances should include hazard mitigation concerns and issues. Town Managers
should coordinate their respective plan modifications, changes, updates or
implementations through the Mitigation Task Force Chair.
The plan will be reviewed annually and it shall be the responsibility of the Mitigation
Task Force Chair to conduct this review. Administrative changes, wording corrections,
hazard analysis or other such portions of the Mitigation Plan, do not require additional
action by the County Board of Commissioners or Town Council. However, changes that
may have a significant impact or significant expenditure of non-budgeted funds may
require action by respective elected bodies. In such cases, it is the responsibility of the
Mitigation Task Force Chair to render judgment whether the change or modification to
the Mitigation Plan, will require such action. Whenever possible, changes will be made
electronically. A signed and dated approval sheet shall accompany each printed copy of
the plan. Computer versions of the plan will have only printed names and dates of the
jurisdictions approving the plan. Resolutions of adoption will be kept on file with the
County Clerk to the Board of Commissioners and the respective municipal town clerks.
At a minimum, the plan will be updated every five (5) years by the Hazard Mitigation
Task Force, and or as required under 44CFR201.6(c)(4)(i). Plan updates will be
submitted to the NC Hazard Mitigation Officer and FEMA for approval.
The public will be kept informed of proposed changes, modifications, reviews and
updates to the plan by advertising that such updates, modifications and reviews are
being considered. This advertisement shall be in the form of newspaper articles, legal
notices (as required), radio and via internet. The public will be invited to participate in
accord with the open meeting laws of North Carolina. Public comments, suggestions,
recommendations and other input will be received by the Wilkes County Emergency
Management Coordinator or during public meetings, as local ordinance requires or as
otherwise directed by the Mitigation Task Force Chair.
Data Used and legal documents included:
A variety of documents, including legal measures, have been examined and included
as part of the overall mitigation plan. Where appropriate, the source of information has
been cited and included. To avoid duplication of documents that currently exist on
county or town websites, some of the references below are links to documents on town
or county websites. A connection to the internet may be necessary to access these
documents. Some files require Adobe Reader to view. Documents listed below were
used as reference and research documents. Among those documents are:
Wilkes County Code of Flood Plain Management
Critical facility and building information
Wilkes County Growth Management Plan
79
Wilkes County Zoning Ordinance
Wilkes County Subdivision Ordinance
Wilkes County Watershed Protection Ordinance
NFIP (National Flood Insurance Program) maps
North Carolina Administrative Code (15A NCAC 02B.0243)
SBCCI Standard for Flood Plain Management (SSTD 4-89)
NCGS 162B Continuity of Local Government in an Emergency
Federal Requirements for Local Hazard Mitigation Plans (44 CRF 201.6)
NC Mitigation Plan Minimum Requirements - NCHMW - NCDEM
North Wilkesboro Flood Damage Prevention Ordinance
North Wilkesboro Zoning Ordinance - Watershed Protection
Wilkesboro Flood Damage Prevention Ordinance
Wilkesboro Zoning Ordinance - Watershed Protection
Local Hazard Mitigation Planning Manual - NCDEM 1998
Effectiveness for Hazard Mitigation
The Wilkes County policies and ordinances are rated in Table 1 as to their
effectiveness for hazard mitigation.
Table 1: Effectiveness of Current Policies and Ordinances
Policies and Programs
Effectiveness for
Mitigation
Wilkes County Growth Management Plan
North Carolina Administrative Code (15A NCAC
02B.0243)
Wilkes County Code of Flood Plain Management
Wilkes County Watershed Protection Ordinance
Wilkesboro Flood Damage Prevention Ordinance
North Wilkesboro Flood Damage Prevention
Ordinance
Wilkes County Zoning Ordinance
North Wilkesboro Zoning Ordinance - Watershed
Protection
Wilkesboro Zoning Ordinance - Watershed
Protection
(low, medium, high)
Medium
Medium
High
Medium
High
High
Medium
Low
Medium
Medium
The above were determined for effectiveness in mitigation was based upon discussions with local planners and
personnel versed in local code and ordinances, including the Institute of Government.
Data Developed:
Data has been developed via information from the county and municipal Planning
Departments and other organizations, including FEMA and the North Carolina Division
of Emergency Management. The jurisdictions' jointly developed information regarding
critical facilities. This information included the address, the general function, back-up
power availability, and approximate square footage of the main facility as well as
80
approximate replacement cost, including contents. Wilkes County feels that with this
data it can be better prepared to mitigate effects of potential hazards that may affect
some or all of the operations of government. Additional data was developed regarding
hazards and placed into a hazard matrix that can quickly be examined regarding the
potential of the hazard and the efforts that need to be put forward to address each
hazard level (high, medium or low). Supporting information regarding these specific
threats, was also obtained from local records, map development, data development,
internet sources, the National Weather Service, the State of North Carolina, DOT,
Forest Service, FEMA and others.
Vulnerability analysis was conducted with the best possible information available, using
a number of sources for information such as HAZUS, NWS, Tornado Project,
ChemInfo, HazardPro, Division of Emergency Management and Department of
Transportation information. Legal data was obtained from Wilkes County Planning,
North Wilkesboro Code Enforcement, Wilkesboro Planning, and North Carolina General
Statues (NCGS), North Carolina Administrative Code and from the codifying agency for
Wilkes County and the respective municipalities. Developing this information in a digital
format was challenging but with assistance from the various departments including
Administration it was carried out. Some legal data was retyped and or excerpted for
sake of brevity. The entire mitigation plan was formatted into an interactive digital form
by a private company (EPlan LLC)The entire mitigation plan update was formatted into
Microsoft Word document by CEM Associates, Inc. and numerous documents that
accompany this plan were formatted to operate seamlessly in the plan. This
development includes the ability to update the plan and to print copies of the plan or
otherwise reproduce it as appropriate as well as placing it on internet or intranet
computer servers, at the discretion of the county and the municipalities.
Additional data regarding recommendations for strengthening local law or local building
practices have been developed as a part of this plan and upon approval of the Wilkes
County Board of Commissioners and Wilkesboro will become an active part of this plan.
As part of the data that was developed, Wilkes County and the municipalities have
examined their history and records and have determined, based upon this information,
that there are no known repetitive loss facilities or structures in the flood plain (100 and
500 year). There are no repetitive loss facilities or structures in other hazard concerns
identified in this plan.
Wilkes County and the municipalities developed or had developed, a number of other
documents relative to county and town plans. These included development plans,
mitigation plans, growth plans and projections, demographics and more. Many of these
documents are unique to the respective jurisdiction. These documents, either by
reference or in their entirety have been included as part of this plan.
Need to modify current measures: (Wilkes County) (Wilkesboro) (North Wilkesboro)
(Ronda)
Wilkes County feels it has strong measures to help mitigate many hazards. Most of
theses measures are found in local ordinance, North Carolina law or federal code or
regulations. County ordinances have been examined in detail by the Hazard Mitigation
Task Force and are found adequate regarding flood damage mitigation, especially the
adoption of The Wilkes County Flood Damage Prevention Ordinance. The County is an
active participant in the National Flood Insurance Program (NFIP) (370256). Building
codes are rigidly enforced. "Hurricane strapping" has been found to be of minimal value
in this region of the state when weighed against the expense and the added cost to new
home construction and is not required by building code, nor recommended. Mitigation
efforts such as this type of construction technique are recommended as individual
81
voluntary measures.
There are no known hazardous chemical manufacturing facilities in Wilkes County.
Many facilities (as listed in the Wilkes County Emergency Operations Plan, LEPC) are
users of hazardous materials. Most facilities involved in such activity or storing
hazardous materials are required by the Superfund Authorization and Reauthorization
Act (S.A.R.A) Title III to report quantities of such materials. Mitigation efforts have taken
place for the past decade to (1) eliminate the use of such chemicals by the
manufacturer or (2) encourage the manufacturer to use chemical alternatives that are
less injurious and more environmentally favorable. There is a need to closely monitor
the importation of hazardous materials and their use. Planning is mandated for all
extremely hazardous substances reported under Title III. This has been carried out and
reviews are held annually with companies that continue the use of such products.
Mitigation efforts continue routinely to address this important task of reducing the
amount and type of chemicals being used or stored.
At this time Wilkes County does not have an immediate need to alter its current
mitigation measures, however, Wilkes County will continue its review of legal,
regulatory or voluntary measures on an ongoing basis and modifications may be made
accordingly. Changes to goals and objectives will be a coordinated effort and based on
the planning process outline previously covered in this document. Recommendations
for new goals and objectives are found in Mitigation Strategy.
Town of Wilkesboro. The Town of Wilkesboro has numerous strong mitigation
measures in place and those have been incorporated into Current Mitigation Measures.
Wilkesboro has gone to great lengths to insure that it has quality hazard mitigation and
has developed some initiatives that are unique to the Town as well as a joint mitigation
strategy to develop and implement those initiatives. It has developed a flood plain
management ordinance that is unique to the Town. Its' Zoning Ordinance, especially
Article XII, which provides for Watershed Protection, provides numerous "built-in"
mitigation efforts as well as penalties, including total stop work provisions.
Wilkesboro participates with the county on many levels and one of those is the area of
Emergency Management. The Emergency Management coordinator for the county also
serves the town. The Town has and continues to participate in exercises for
preparedness. The Town is an active participant in the National Flood Insurance
Program (NFIP) (370259) and has adopted a flood damage prevention ordinance that
regulates many areas of development and reduces the vulnerability to this particular
hazard.
Industries in the corporate limits of Wilkesboro that use chemicals, requiring reporting
under S.A.R.A. Title III, report this information to Wilkes County Emergency
Management and the Wilkesboro Fire Department. There are a few facilities in
Wilkesboro that report as an EHS (extremely hazardous substances) facility. These
facilities are listed in the Wilkes County Emergency Plan and planning process, as
required under Title III, is on file in the office of Emergency Management.
At this time Wilkesboro feels that it does not have an immediate strong need to
significantly alter its current mitigation measures, however, Wilkesboro will continue its
review of legal, regulatory or voluntary measures on an ongoing basis and
modifications may be made accordingly. Changes to goals and objectives will be a
coordinated effort and based on the planning process outline previously covered in this
document. Wilkesboro agrees with the recommendations for new goals and objectives
that
are
found
in
Mitigation
Strategy.
82
Town of North Wilkesboro. The Town of North Wilkesboro has numerous strong
mitigation measures in place and those have been incorporated into Current Mitigation
Measures. It has developed a flood plain management ordinance that is unique to the
Town. The Town is an active participant in the National Flood Insurance Program
(NFIP) (370257).
North Wilkesboro participates with the county on many levels and one of those is the
area of Emergency Management. The Emergency Management coordinator for the
county also serves the town. The Town has and continues to participate in exercises for
preparedness.
Industries in the corporate limits of North Wilkesboro that use chemicals, requiring
reporting under S.A.R.A. Title III, report this information to Wilkes County Emergency
Management and the North Wilkesboro Fire Department. There are few facilities in
North Wilkesboro that report as an EHS (extremely hazardous substances) facility.
These facilities are listed in the Wilkes County Emergency Plan and planning process,
as required under Title III, is on file in the office of Emergency Management.
At this time North Wilkesboro feels that it does not have an immediate need to alter its
current mitigation measures, however, North Wilkesboro will continue its review of legal,
regulatory or voluntary measures on an ongoing basis and modifications may be made
accordingly. Changes to goals and objectives will be a coordinated effort and based on
the planning process outline previously covered in this document. North Wilkesboro
agrees with the recommendations for new goals and objectives that are found in
Mitigation Strategy.
Town of Ronda. The Town of Ronda has several mitigation measures in place and
those have been incorporated into Current Mitigation Measures. Ronda has gone to
great lengths to insure that it has quality hazard mitigation and has developed some
initiatives that are unique to the Town as well as a joint mitigation strategy with the
county to develop and implement those initiatives. The Town is an active participant in
the National Flood Insurance Program (NFIP) (370258B)
At this time Ronda feels that it does not have a need to alter its current mitigation
measures, however, it will continue its review of legal, regulatory or voluntary measures
on an ongoing basis and modifications may be made accordingly and in keeping with
town policy and ordinance. Changes to goals and objectives will be a coordinated effort
and based on the planning process outline previously covered in this document. Ronda
agrees with the recommendations for new goals and objectives that are found in
Mitigation Strategy.
83
VITAL / CRITICAL FACILITIES LIST
Vital Facilities are defined for the purpose of this document as those facilities
essential to the preservation of life and property during a disaster and or those
facilities critical to the continuity of government as well as those necessary to ensure
timely recovery. Some square footage dimensions are approximate. The methodology
used
to
calculate
replacement
costs
is
outlined
below.
Wilkes County Government Office Building Wilkes Community College
Wilkes County Court
Wilkes Schools (all facilities)
Wilkes County Sheriff’s Department
Wilkes County School Bus Garage
Wilkes County Detention Facilities
Wilkes County Communications (EOC)
Blue Ridge Electric Distribution
Center
Wilkes County Solid Waste Facility
Duke Energy distribution system
Wilkes County Health Department
Energy United Distribution system
Wilkes County Dept of Social Services
Surry - Yadkin Electric Distribution
Wilkes County Emergency Medical
Service (all stations)
Wilkes County Animal Control
Ronda Town Office Building
Wilkes County Garage (fleet maintenance) Ronda Town Garage
Wilkes County Airport
Wilkesboro Town Office Building
Wilkes County Rescue Squad
Wilkesboro Fire Department
County Volunteer Fire Departments (all
Wilkesboro Police Department
stations)
Wilkesboro Water Filtration Plant
North Wilkesboro Town Office Building
Wilkesboro Warehouse / Garage
Wilkesboro - Cub Creek Waste Water
North Wilkesboro Fire Department
Treatment
North Wilkesboro Police Department
Wilkesboro Civic Center
North Wilkesboro Water Filtration Plant /
WWT
North Wilkesboro Garage/Equipment Shed Cricket - Millers Creek Water Association
Broadway Water Association
NC Department of Transportation
Moravian Falls Water Works
NC Highway Patrol
Mulberry - Fairplains Water
Wilkes Regional Medical Center
Blue Ridge Water
Ronda Water
84
There are no vital facilities, structures (public or private) that are known to have
repetitive losses. Common losses have been incurred in utility distribution systems,
but these losses have not always been at the same locations and are therefore not
considered repetitive. There are no known residential or commercial structures that
have experienced repetitive losses. The methodology used to calculate replacement
value was based on (1) current tax records available at the time, (2) land values, (3)
value of contents based upon records. These figures where combined and elevated
to year 2003 values, based on current local property valuation. It should be
emphasized the figures in the "replacement value" column of each table are only
estimates and would have to be recalculated for actual loss at the time such loss
occurred.
The Wilkes County Government Office Building, encompasses numerous county
agencies, including the County Managers' office, County Commission meeting area,
Finance, Purchasing, Clerk to the Board, Tax Assessor, Tax Collector, Human Resour
Switchboard, Veterans Service, GIS/Mapping, Elections, Information Systems, Emerge
Management, Emergency Communications and other local government agencies. Eac
these departments are critical to the continuity of county government.
Agency
County
Manager's
Office
Cooperative
Extension
Service
Address
110 North
Street
Wilkesboro
"
Finance Office
"
Elections
"
Human
Resources
(Personnel)
"
Fire Marshal
"
Emergency
Management
"
Inspections
"
Veterans
Service
"
Tax
Administration
"
Is the Does the
Facility
facility facility
Approximate
main
Replacement
operated have a
Square
phone
Value
24/7? generator
footage
number
(yes/no) (yes/no)
336- Total this facility Total this facility
Yes
Yes
65133,933
3,605,366
(partial) (partial)
7346
336"
"
651"
"
7331
336"
"
651"
"
7316
336"
"
651"
"
7338
336"
"
651"
"
7342
336"
"
921"
"
7553
336"
"
651"
"
7305
336"
6517303
336"
"
651"
"
7327
336"
"
"
"
651-
85
7304
Mapping/GIS
"
"
"
Planning
"
"
"
Yes
No
110 North
Street
Wilkesboro
Communications Brushy Mtn.
site
Moravian Falls
Communications
/ EOC
3366517309
3366517350
"
"
"
"
Yes
"
"
Yes
120
266,718
The Wilkes County Courthouse is the main facility for all court operations in Wilkes
County and includes offices for magistrates, Clerk of Superior Court, Register of
Deeds, courtrooms for both District and Superior Court. It also houses judges
chambers and offices for the District Attorney.
Is the Does the
Facility
facility facility
Approximate
main
Replacement
Agency
Address
operated have a
Square
phone
Value
24/7? generator
footage
number
(yes/no) (yes/no)
500 Courthouse
336- Total this facility Total this facility
Clerk of
Yes
Drive
No
66772,069
8,881,534
Superior Court
(partial)
Wilkesboro
1201
Judges
Included in
Included in above
Chambers &
"
"
above
offices
Courtrooms
Courtrooms /
Offices
Old Wilkes
County
100 East Main
Courthouse
St.
(various county
Wilkesboro
/ state offices)
No
"
"
"
"
"
"
"
"
18,894
2,858,961
No
Wilkes County Sheriff's Office This vital facility is the main law enforcement building
for the county. It is a brick and mortar building. It has full generator back up power as
well as radio remote. The facility is operated 24/7. The facility has back-up
communications in the form of two-way radio.
Agency
Sheriff's Office
Is the Does the
Facility
facility facility
Approximate
main
Replacement
Address
operated have a
Square
phone
Value
24/7? generator
footage
number
(yes/no) (yes/no)
Curtis Bridge
336Road
Yes
Yes
90315,000
1,021,206
Wilkesboro
7600
86
Wilkes County Detention Facilities (Jail) This vital facility is the central detention
center for the county. It is a brick and mortar high security building.
Agency
Address
Is the Does the
Facility
facility facility
Approximate
main
Replacement
operated have a
Square
phone
Value
24/7? generator
footage
number
(Yes/no) (yes/no)
336Yes
Yes
9037,802
809,232
7623
Wilkes County
Jail
100 North
Street
Wilkesboro
Wilkes County
Detention
(Women's
facility)
700 Boston
Ave.
N. Wilkesboro
Yes
No
"
3,600
282,200
580 Popular
Grove Rd
Wilkesboro
No
No
"
2,400
149,485
Satellite Jail
Wilkes County Solid Waste Facility: There are 3 transfer (convenience center)
stations. One located near Elkin, one in Moravian Falls and another in Ferguson.
Solid Waste has three buildings at the main site. This vital facility would supply the
county with almost all debris management in the event of a disaster that generated
such debris. Each manned facility has back-up communications in the form of twoway radio.
Agency
Wilkes County
Solid Waste
Wilkes County
Solid Waste
Storage
Grassy Fork
Convenience
Center
Mt. Carmel
Convenience
Center
Mt. Pleasant
Convenience
Center
Is the Does the
Facility
facility facility
Approximate
main
Replacement
Address
operated have a
Square
phone
Value
24/7? generator
footage
number
(Yes/no) (yes/no)
Total this
336Total at this
Hwy 268 East
location.
No
No
696- location. 8,242
Roaring River
2,105,440
3867
Germantown
Road
"
"
"
1,440
20,856
Wilkesboro
960 Grassy
Fork Road
No
No
"
140
13,277
Elkin
1320 Mt.
Carmel Rd.
"
"
"
240
12,730
Moravian Falls
8868 West US
Hwy 21
"
"
"
140
13,277
Ferguson
Wilkes County Health Department: Provides health and related services and is the
agency responsible for communicating information to the public regarding biological
issues and other health issues. The facility has limited back-up communications in the
form of two-way radio, cell phones and paging.
87
Is the Does the
Facility
facility facility
Approximate
main
Replacement
Agency
Address
operated have a
Square
phone
Value
24/7? generator
footage
number
(Yes/no) (yes/no)
336Wilkes County 306 College St.
No
No
65113,224
2,367,962
Health Dept.
Wilkesboro
7450
Wilkes County Dept of Social Services: Provides assistance to citizens in many
forms including food stamp program, etc. It houses mostly office space and some
small conference room space.
Agency
Wilkes County
Social Services
Wilkes County
Transportation
Authority
Is the Does the
Facility
facility facility
Approximate
main
Replacement
Address
operated have a
Square
phone
Value
24/7? generator
footage
number
(yes/no) (yes/no)
304 College
336Street
No
No
65116,600
1,172,740
Wilkesboro
7400
336717 Main Street
No
No
8381,200
153,600
Wilkesboro
1272
Wilkes County Emergency Medical Service has two bases of operation. The main
base is located in Wilkesboro. This facility not only houses EMS units 24/7, but also
houses offices for the director, supervisor, training officer and the billing division.
Each facility has back-up communications in the form of two-way radio.
Is the Does the
Facility
facility facility
Approximate
main
Replacement
Agency
Address
operated have a
Square
phone
Value
24/7? generator
footage
number
(Yes/no) (yes/no)
EMS - Base
336West D Street
(Wilkes Reg.
Yes
Yes
65112,000
1,500,000
N. Wilkesboro
Med. Ctr.)
7363
EMS - Base 188 White
Shepherds X
Plains Rd.
Yes
No
1,200
150,000
"
Roads
Roaring River
137 Boston
336EMS - Base Ave.
No
No
667500
62,500
PT-Rescue Bld
Wilkesboro
2522
336EMS - Base 5200 Boone
838PT-Millers
Trail
No
No
4,500
562,000
3213
Creek FD
Millers Creek
Wilkes County Garage (fleet maintenance) provides routine and emergency
maintenance and repairs on the county vehicular fleet. Without this facility and the
repairs and maintenance it carries out the fleet of vehicles operated by various county
agencies would deteriorate quickly.
88
Is the Does the
Facility
facility facility
Approximate
main
Replacement
Agency
Address
operated have a
Square
phone
Value
24/7? generator
footage
number
(Yes/no) (yes/no)
County Garage 1804 Industrial
336(fleet
Drive
No
No
6674,200
185,187
maintenance)
Wilkesboro
5966
Wilkes County Animal Control provides animal control operations including the
animal shelter. This central location has enforcement officers, office staff and kennel
operations.
Is the Does the
Facility
facility facility
Approximate
main
Replacement
Agency
Address
operated have a
Square
phone
Value
24/7? generator
footage
number
(yes/no) (yes/no)
336Wilkes County 408 Call Street
No
No
9034,700
374,044
Animal Control - Wilkesboro
7688
Wilkes County Water (source U.S. EPA Safe Water Drinking System) Water system
replacement costs are not available. The entire system depends upon and includes
numerous parts such as pumps, hydrants, elevated tanks and distribution line. Local
water distribution system professionals to be $60,000 estimate the average
replacement cost per mile of water line.
Is the
Facility
facility
Number of
main
Replacement
Agency
Address operated
Customers
phone
Value
24/7?
Served
number
(yes/no)
North Wilkesboro Water
336-838see below
No
3,695
see above
Dept
2371
336-838Wilkesboro Water Dept.
see below
"
4,350
"
4631
Blue Ridge Water
P.O. Box 310
336-696"
7,239
"
Association
Hayes
4713
2056
Statesville
Broadway Water
336-667Rd.
"
2,106
"
Association
1483
North
Wilkesboro
Cricket-Millers Creek Water
336-838see below
"
10,657
"
Association
5614
P.O. Box 785
Moravian Falls Water
336-838Moravian
"
2,667
"
Works
3417
Falls
1613 Sparta
Road
336-670Mulberry-Fairplains Water
"
7,200
"
North
2410
Wilkesboro
Ronda Water
P.O. Box 398
"
336-835406
"
89
Ronda
2061
Wilkes County Airport Wilkes County has an airport facility with a 5,500 foot runway
(01/19) with parallel taxiway. NDB, DME and a localizer for instrument
approaches. The airport has approximately 63 movements each day, with one-fourth
being transits. Jet fuel and 100 low-lead fuel are available.
Agency
Wilkes County
Airport
Is the Does the
Facility
facility facility
Approximate
main
Replacement
operated have a
Square
phone
Value
24/7? generator
footage
number
(yes/no) (yes/no)
Address
Wood Wallace
Road
North
Wilkesboro
No
336Yes (fuel) 6962000
Total this facility Total this facility
17,852
845,162
Wilkes County Rescue Squad provides rescue operations in its jurisdiction. This
location has rolling stock bays, as well as training facilities and sleeping quarters for
rescue personnel.
Is the Does the
Facility
facility facility
Approximate
main
Replacement
Agency
Address
operated have a
Square
phone
Value
24/7? generator
footage
number
(yes/no) (yes/no)
P.O. Box 1305
336Wilkes County
North
No
No
6674,000
512,000
Rescue Squad
Wilkesboro
2522
County Volunteer Fire Departments provide general and specialized fire and
emergency response. VFD's are contracted to provide service to the county.
Agency
Address
7170
AustinTraphill Rd.
Elkin
5990 S Hwy
Boomer Fire
16
Department
Boomer
2267
Statesville
Broadway Fire
Rd.
Department
North
Wilkesboro
Brushy Mountain
7990
Fire Department
Brushy
Austin Fire
Department
Is the Does the
facility facility
operated have a
24/7? generator
(yes/no) (yes/no)
Facility Approximate Replacement
main
Square
Value
phone
footage
number
No
Yes
3369572182
"
"
3369213010
"
"
3368380034
"
"
336921-
90
Mountain
Rd.
Moravian
Falls
491
ChampionChampion Fire
Mt. Pleasant
Department
Rd.
Ferguson
1399 Boone
Cricket Fire
Rd.
Department
North
Wilkesboro
12660 W
Ferguson Fire
NC Hwy
Department
268
Ferguson
6830 N.C.
Goshen Fire
Highway
Department
268 West
Wilkesboro
2864 Elkin
Knotville Fire
Highway
Department
North
Wilkesboro
Little Brushy
2772 Mount
Mountain Fire
Sinai Rd.
Department
Wilkesboro
11461
McGrady Fire
Sparta
Department
Highway
McGrady
5180 Boone
Millers Creek Fire
Trail
Department
Millers
Creek
251 W.
Moravian Falls
Brocktown
Fire Department
Moravian
Falls
415
Brewers
Mountain View
Place
Fire Department
North
Wilkesboro
270 Gwyn
MulberryHayes St.
Fairplains Fire
North
Department
Wilkesboro
1069 Austin
Pleasant Hill Fire
Traphill Rd.
Department
Elkin
214 Abtco
Roaring River Fire
Rd.
Department
Roaring
3965
"
"
3369734945
"
"
3368383322
"
"
3369734102
"
"
3369213417
"
"
3366674732
"
"
3369842519
"
"
3366703946
"
"
3368383213
"
"
3368380763
"
"
3366964561
"
"
3366702131
"
"
"
"
91
3368351353
3366964136
River
12164 Elkin
Highway
Ronda
3424
Shepherds
Greenhorn
Crossroads Fire
Road
Department
Roaring
River
8899
Traphill Fire
Traphill
Department
Road
Traphill
670 North
Old
Wilbar Fire
Highway 16
Department
Millers
Creek
119
Nicholson
Wilkes-Iredell Fire
Hill Drive
Department
Union
Grove
Ronda
Community Fire
Department
"
"
3368351919
"
"
3369572950
"
"
3369572901
"
"
3366676403
"
"
3369842801
Wilkes County Schools
Agency
Address
556 BoomerFerguson
School Road Boomer, NC
1288 C.B. Eller
C. B. Eller
School Road
Elementary
Elkin, NC
200 C.C. Wright
C. C. Wright
School Road
Elementary
North
Wilkesboro, NC
3541 South NC
Central Wilkes
Hwy. 16
Middle School Moravian Falls,
NC
BoomerFerguson
Elementary
East Wilkes
High
East Wilkes
Middle
Fairplains
PO Box 368
Ronda, NC
2202
Macedonia
Church Rd.
Ronda, NC
228 Fairplains
Is the Does the
Facility
facility facility
Approximate Replacement
main
operated have a
Square Value (includes
phone
contents)
24/7? generator
footage
number
(yes/no) (yes/no)
No
3369213015
33,312
8,328,000
"
3368355640
49,474
12,368,500
"
3368385513
45,160
11,290,000
"
3366677453
130,000
32,500,000
"
3368354772
117,000
29,250,000
"
3369279800
90,725
22,681,250
"
336-
38,802
9,700,500
92
Elementary
School Road
North
Wilkesboro, NC
4320 N NC
Millers Creek
Hwy 16
Intermediate
Millers Creek,
NC
4320 N NC
Millers Creek
Hwy 16
Primary
Millers Creek,
NC
PO Box 818
Moravian Falls
Moravian Falls,
Elementary
NC
532 Champion
Mt Pleasant
Mt. Pleasant
Elementary
Road
Ferguson, NC
Mountain View
Elementary
Mulberry
Elementary
North Wilkes
High
North Wilkes
Middle School
North
Wilkesboro
Elementary
Roaring River
Elementary
RondaClingman
Elementary
Traphill
Elementary
Union
Elementary
West Wilkes
High
PO Box 390
Hays, NC
190 Mulberry
School Road
North
Wilkesboro, NC
2986 Traphill
Road
Hayes, NC
2776 Yellow
Banks Road
North
Wilkesboro, NC
200 Flint Hill
Road
North
Wilkesboro, NC
283 White
Plains Road
Roaring River,
NC
316 RondaClingman
School Road
Ronda, NC
PO Box 6
Traphill, NC
164 Union
School Drive
North
Wilkesboro, NC
6598 Boone
Trail
Millers Creek,
NC
6676338
"
3368384065
42,374
10,593,500
"
3366672379
38,034
9,508,500
"
3368384077
33,204
8,301,000
"
3369733780
38,300
9,575,000
"
3366965512
65,475
16,368,750
"
3366702825
50,033
12,508,250
"
3369578601
117,000
29,250,000
"
3366962724
77,977
19,494,250
"
3368382872
46,074
11,185,000
"
3366964628
37,731
9,432,750
"
3369842200
40,269
10,067,250
"
3369572379
34,861
8,715,250
"
3368383578
37,421
9,355,250
"
3367934503
117,000
29,250,000
93
1677 North NC
Hwy. 16
Wilkesboro, NC
28697
1248 School
Wilkesboro
Street
Elementary
Wilkesboro, NC
1179 Moravian
Wilkes Central
Falls Road
High
Wilkesboro, NC
374 Lincoln
Career
Heights Road
Education
Wilkesboro,
Center
NC
201 West Main
Central Office
Street
Wilkesboro, NC
211 School Bus
Bradburn
Drive
Distribution
North
Center
Wilkesboro, NC
Learning
215 South
Resource
Street
Center
Wilkesboro, NC
West Wilkes
Middle
Wilkes
Community
1328 Collegiate
College
Drive
(Multiple
Wilkesboro NC
buildings)
WCC - Student
"
& LRC
WCC "
Thompson Hall
WCC - Hayes
"
Hall
WCC - Lovette
"
Hall
WCC - Daniel
"
Hall
WCC - Walker
"
Center
WCC - Pearson
"
Library
WCC Continuing Ed
"
Building
3369731700
"
3368384261
3366675277
"
"
90,076
22,515,500
52,073
13,182,250
86,228
21,557,000
"
3366673653
43,134
10,783,500
"
3366671121
10,320
2,580,000
"
3366672021
29,500
7,375,000
"
3366671121
18,480
4,620,000
"
3368386100
Total all
WCC
247,460
Total all
WCC
35,393,920
"
"
included in
above
included in above
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
North Wilkesboro Town Hall. This facility houses a number of town offices including
administration, light and water billing, planning, codes enforcement, mayors office,
personnel and the police department. North Wilkesboro Police Department
provides law enforcement services for the jurisdiction of the city. This facility houses
emergency communications for the police department as well as after hours and
emergency contact for light and water operations. Offices include those for patrol,
94
investigations, narcotics, records and administration. The facility has back-up
communications in the form of two-way radio.
Agency
North
Wilkesboro
Town Hall
North
Wilkesboro
Police Dept
Is the Does the
Facility
facility facility
Approximate
main
Replacement
Address
operated have a
Square
phone
Value
24/7? generator
footage
number
(yes/no) (yes/no)
336801 Main Street No
Partial 66713,500
1,100,000
7129
336838Included in
"
Yes
Yes
Included in above
above
3158
North Wilkesboro Fire Department. There is one main station associated with the
fire department. The station houses general fire fighting equipment, sleeping quarters
and training areas. The main station also houses administration. The facility has
back-up communications in the form of two-way radio.
Agency
Address
North
Wilkesboro Fire
Department
709 9th St.
Is the Does the
Facility
facility facility
Approximate
main
Replacement
operated have a
Square
phone
Value
24/7? generator
footage
number
(yes/no) (yes/no)
336No
No
8385,000
405,000
2552
North Wilkesboro Water Filtration Plant provides the water distribution and water
treatment for the jurisdiction. There are three separate facilities. Each facility has
back-up communications in the form of two-way radio.
Agency
Address
Water Filtration
Plant
I Street
Is the Does the
Facility
facility facility
Approximate
main
Replacement
operated have a
Square
phone
Value
24/7? generator
footage
number
(yes/no) (yes/no)
336No
No
83811,700
1,955,000
2371
Raw water
pump station
13th Street
No
No
"
648
30,000
Sewage
Treatment Plant
Thurmond
Street
No
No
3368385001
3,000
4,030,000
North Wilkesboro Garage and Equipment Shed provides fleet vehicle maintenance
and houses offices and supplies for the cities electric distribution system. This facility
is the central location for all fleet operations and includes sanitation, light and water,
streets, etc.
95
Agency
Garage
Equipment
Shed
Truck storage
Is the Does the
Facility
facility facility
Approximate
main
Replacement
Address
operated have a
Square
phone
Value
24/7? generator
footage
number
(yes/no) (yes/no)
336680 Flint Hill
No
No
6679,938
160,000
Road
3638
"
"
"
"
5,940
65,000
"
"
"
"
600
16,000
NC Department of Transportation (state office) The district office complex provides
office and shop space for this vital agency. NCDOT also has personnel and vehicles
that can respond within reasonable periods to emergency roadway conditions. This
agency also has snow removal and other debris removal equipment.
Agency
Address
NC Department
of
Transportation District office
complex
Is the Does the
Facility
facility facility
Approximate
main
Replacement
operated have a
Square
phone
Value
24/7? generator
footage
number
(yes/no) (yes/no)
No
No
3366679117
NC State Highway Patrol Office (state office) provides offices for the highway
patrol, Troop F. This office is commanded locally by a First Sergeant. In addition, it
houses administration for the local troop, as well as offices and facilities for the
drivers license division of the NC Department of Motor Vehicles. The facility has backup communications in the form of two-way radio in SHP vehicles.
Agency
NC Highway
Patrol
Is the Does the
Facility
facility facility
Approximate
main
Replacement
Address
operated have a
Square
phone
Value
24/7? generator
footage
number
(yes/no) (yes/no)
1230 School
336Street
No
No
6671,375
176,000
Wilkesboro
1236
Town of Ronda This town hall provides office space for the various departments of
the town, as well as meeting facilities. It would also serve as a focal point for town
operations during a disaster. The garage facility provides fleet maintenance services.
Agency
Address
Is the Does the
Facility
facility facility
Approximate
main
Replacement
operated have a
Square
phone
Value
24/7? generator
footage
number
(yes/no) (yes/no)
96
Town Hall
Garage
123 Chatham
St.
No
No
"
"
"
3368352061
"
6,000
768,000
1,800
230,400
Wilkes Regional Medical Center provides general hospital care, emergency care
and other hospital related functions. In addition to patient care, this facility also
houses offices for administration and non-patient care operations.
Agency
Wilkes
Regional
Medical
Center
Address
Is the Does the
Facility
facility facility
Approximate
main
Replacement
operated have a
Square Beds
phone
Value
24/7? generator
footage
number
(yes/no) (yes/no)
1370 West D
Street
North
Wilkesboro
Yes
Yes
3366518100
192,000
137 52,500,000
Wilkes County School Bus Garage
Agency
Wilkes County
School Bus
Garage
Address
211 School Bus
Drive
North
Wilkesboro, NC
Is the Does the
Facility
facility facility
Approximate
main
Replacement
operated have a
Square
phone
Value
24/7? generator
footage
number
(yes/no) (yes/no)
No
No
3366671126
9,048
226,200
Wilkesboro Town Hall. This facility house a number of city offices including
administration, light and water billing, planning, the mayors office and meeting rooms.
The facility provides the primary operations for continuity of government for the Town
of Wilkesboro. Town Board meeting chambers are located in Town Hall.
Agency
Wilkesboro
Town Hall
Is the Does the
Facility
facility facility
Approximate
main
Replacement
Address
operated have a
Square
phone
Value
24/7? generator
footage
number
(yes/no) (yes/no)
336203 West Main
No
No
83813,384
1,673,000
Street
3951
Wilkesboro Police Department provides law enforcement services for the
jurisdiction of the city. This facility houses emergency communications for the police
department as well as after hours and emergency contact for light and water
operations. Offices include those for patrol, investigations, narcotics, records and
administration. The facility has back-up communications in the form of two-way radio.
97
Agency
Address
Wilkesboro
Police
Department
100 West
Street
Is the Does the
Facility
facility facility
Approximate
main
Replacement
operated have a
Square
phone
Value
24/7? generator
footage
number
(yes/no) (yes/no)
336Yes
Yes
6678,580
1,072,500
7277
Wilkesboro Fire Department. This station houses general fire fighting equipment,
sleeping quarters and training areas. The main station also houses administration.
The facility has back-up communications in the form of two-way radio.
Is the Does the
Facility
facility facility
Approximate
main
Replacement
Agency
Address
operated have a
Square
phone
Value
24/7? generator
footage
number
(yes/no) (yes/no)
336Wilkesboro Fire 400 S. Cherry
Yes
Yes
66711,474
1,434,250
Dept
St.
6228
Wilkesboro Water Filtration Plant provides the water distribution and water
treatment for the jurisdiction. Each facility has limited back-up communications in the
form of two-way radio and or cell phones. The Cub Creek Wastewater treatment plant
provides treatment of raw sewage for the town.
Agency
Address
Water Filtration
Plant
1170
Lenderman
Street
Cub Creek
Waste Water
Plant
700 Snyder
Street
Is the Does the
Facility
facility facility
Approximate
main
Replacement
operated have a
Square
phone
Value
24/7? generator
footage
number
(yes/no) (yes/no)
336Yes
Yes
83813,240
1,655,000
4631
336Total at this
Total at this
location
location
Yes
Yes
6678,282
1,035,250
2391
Wilkesboro Street and Public Works provides fleet vehicle maintenance and
houses offices and supplies for the cities electric distribution system. This facility is
the central location for all fleet operations and includes sanitation, light and water,
streets, etc.
Agency
Street and
Public Works
Building
Ridge Street
Is the Does the
Facility
facility facility
Approximate
main
Replacement
Address
operated have a
Square
phone
Value
24/7? generator
footage
number
(yes/no) (yes/no)
3361302 North
No
No
83813,800
1,725,000
Collegiate Dr.
0188
"
"
"
2,520
315,000
98
Warehouse
Wilkesboro Civic Center. The Wilkesboro Civic Center is included in critical facilities
for its possible use during emergency incidents as a shelter and a possible command
center for the town.
Is the Does the
Facility
facility facility
Approximate
main
Replacement
Address
operated have a
Square
phone
Value
24/7? generator
footage
number
(yes/no) (yes/no)
3361241 School
No
No
8384,450
556,250
Street
3951
Agency
Civic Center
American Red Cross occupies non government facilities.
Agency
ARC - serving
Wilkes County
Is the Does the
Facility
facility facility
Approximate
main
Replacement
Address
operated have a
Square
phone
Value
24/7? generator
footage
number
(yes/no) (yes/no)
336104 West St.
No
No
8382,000
150,000
Wilkesboro
4563
Blue Ridge Electric distribution system There are no physical facilities in Wilkes
County.
Is the Does the
Facility
facility facility
Total Number of
main
Replacement
Agency
Address operated have a
distribution Customers
phone
Value
24/7? generator
miles
Served
number
(yes/no) (yes/no)
Blue Ridge
336Operations
N/A
N/A
N/A
838397.89
1,055
21,950,00
Center
4655
Duke Energy distribution system There are no physical facilities in Wilkes County.
Agency
Duke
Power
Operations
Center
Is the Does the
Facility
facility facility
Total Number of
main
Replacement
phone
Value
24/7? generator
miles
Served
number
(yes/no) (yes/no)
N/A
N/A
N/A
3366513956
135
26,376
8,767,000
Energy United Distribution system There are no physical facilities in Wilkes
County. Those are located in Statesville. Repairs and repair service are dispatched
from the Statesville office.
99
Is the Does the
Facility
facility facility
Total Number of
main
Replacement
Agency
phone
Value
24/7? generator
miles
Served
number
(yes/no) (yes/no)
Energy
800United
N/A
N/A
N/A
522329
1,987
20,865,000
Distribution
3793
Surry - Yadkin Electric Distribution system. There are no physical facilities in
Wilkes County. Those are located in Dobson. Repairs and repair service are
dispatched through the Dobson office in Surry County.
Is the Does the
Facility
facility facility
Total Number of
main
Replacement
Agency
phone
Value
24/7? generator
miles
Served
number
(yes/no) (yes/no)
Surry336Yadkin
N/A
N/A
N/A
386594
6,120
37,000,000
Distribution
8241
Cricket - Millers Creek Water Association
Is the Does the
Facility
facility facility
Total Number of
main
Replacement
Agency
phone
Value
24/7? generator
miles
Served
number
(yes/no) (yes/no)
4309
Boone
336Office
Trail
No
No
838135
10,657
600,000
Building
Millers
5614
Creek
106
Cloverdale
Cloverdale
Pump
"
"
53,750
"
Ln
Station
Wilkesboro
1917A
Ryan's
Hwy 421
Pump
"
"
30,250
"
West
Station
Wilkesboro
1720
Stinson Hill Curtis
Pump
Bridge
"
"
33,000
"
Station
Road
Wilkesboro
Williams
113 Boone
Motel
Trail
"
"
16,000
"
Pump
North
Station
Wilkesboro
J&J
499 Boone
Recycling
Trail
"
"
75,000
"
Pump
North
Station
Wilkesboro
Harmony
3499
"
"
75,000
"
100
Baptist
Church
Station
Boone
Trail
North
Wilkesboro
2017
Cricket Fire Boone
Dept Pump
Trail
Station
North
Wilkesboro
Warehouse
"
"
"
"
75,000
"
"
"
250,000
101
102
CURRENT HAZARD MITIGATION MEASURES
Wilkes County is fortunate to have a number of hazard mitigation efforts in place. Some
exist as legal measures through either local ordinance, state law or federal regulation. A
general outline of those efforts is listed by hazard. Many efforts overlap into multiple
hazards to make Wilkes County and the Towns of Wilkesboro, North Wilkesboro and
Ronda, hazard resistant communities.
Wilkes County and the municipalities continue to incorporate numerous mitigation
measures through the processes of land use and development.
Drought
Hurricanes
Earthquake
Terrorist Activity
Floods
Thunderstorms
Forest Fires
Tornados
Hazardous Materials
Winter Storms
Other Mitigation Measures - Hazards, less than 1% Probability
Large Structural
Fires
Power Failure
Mass Casualty
Landfill Fires
Drought: General information regarding drought and the definition is available in the
hazard identification index.
Also see the vulnerability assessment for drought.
A.
Direct contact with the National Weather Service regarding
drought predictions.
B.
Direct contact and consultation with NC Cooperative
Extension Service regarding agriculture drought predictions.
C.
Monitor reservoirs and reservoir levels during dry periods.
D.
Private water companies monitor wells and storage tanks.
E.
Voluntary water conservation practices are put in place as
necessary.
F.
Mandatory water conservation practices are put in place as
necessary.
G.
Auxiliary water sources are identified.
H.
Maintains contact with the USGS regarding real time drought
103
conditions and drought forecasts.
I.
Maintains contact with the NC Drought Monitoring Council
regarding potential long term conditions.
Earthquake: General information regarding earthquake and the definition is available in
the hazard identification index.
Also see the vulnerability assessment for earthquake hazard.
A.
Increased awareness of earthquake potential by local
government officials.
B.
Increased awareness of earthquake potential by the public.
C.
Increased awareness of the availability of information from the
USGS.
D.
Encouraged citizens to check for hazards in their home in
accordance with FEMA publications.
E.
Encouraged homeowners to review insurance policies as part
of an overall family disaster plan.
F.
Shelter agreements are in place via Red Cross to provide
shelter operations.
G.
Encouraged citizens, business owners, and others to develop
emergency preparedness plans, emergency response plans
and emergency recovery plans.
Floods: General information regarding floods and the definition is available in the
Also see the vulnerability assessment for floods.
A.
Wilkes County (370256) is a participant in the National Flood
Insurance Program, making citizens eligible for flood
insurance, as is Wilkesboro (370259), North Wilkesboro
(370257) and Ronda (370258B).
B.
Flood Insurance Rate Maps (FIRMS) are available in the
various planning offices.
C.
Wilkes County Flood Damage Prevention Ordinance
D.
SBCCI Standard for Flood Plain Management (SSTD 4-89)
E.
Greater awareness of public and private sector regarding
flooding potential.
F.
Digital floodplain maps are now available to emergency
management and other emergency planners and responders.
G.
Potential road closure listings from NC DOT are available.
H.
Access to and considerable cooperation from local broadcast
media to warn the public of the potential for flooding. (EAS)
I.
Watches and warnings issued by the National Weather
Service.
J.
Public education in flood potential and the availability of flood
104
insurance.
K.
Public education programs regarding flooding and emergency
management are conducted as often as possible or
requested.
L.
Weather alert radios are in each school and day care center
to provide early warning. Radios are also in use in many
government agencies.
M.
Discouragement of the public and developers from developing
property in flood zones.
N.
shelter operations.
O.
All property locations are now known so work can begin on
further mitigation efforts.
Forest Fires: General information regarding forest fires and the definition is available in
Also see the vulnerability assessment for forest fires.
A.
Public awareness of the causes of forest fires have helped
reduce the overall number of occurrences.
B.
Direct contact with the District Forestry office that issues "fire
potential" reports daily by radio.
C.
Burning bans are imposed and rigidly enforced as needed.
Citations have been issued in the past.
D.
Education by fire marshals and fire departments, as well as
the Department of Environment and Natural Resources has
reduced outdoor burning of trash, reducing the number of
forest fires.
E.
Aggressive training and response by local fire departments
and state forestry are targeted to diminish acreage consumed
by forest fires.
F.
Most fire departments are equipped (minimally) with
specialized equipment to help fight forest fires.
G.
Fire safety education in schools is conducted by the Fire
Marshals office and is coordinated with each participating fire
department.
I.
NC Forestry responds to all reports of forest (or brush) fires
and can therefore coordinate the response of Forestry
resources directly, as needed.
Hazardous Materials: General information regarding hazardous materials and the
definition is available in the hazard identification index.
Also see vulnerability assessment for hazardous materials.
A.
Each fire department is trained to at least the "Awareness
Level" under OSHA 1910.120 standards. Some personnel
meet standards for "Operations level". Wilkes County has
105
access to at least four persons trained at the technician level
and over a dozen qualified trainers within a two hour response
time.
B.
Community "Right to Know" is in place and has educated
many members of the public regarding chemical hazards in
the area.
C.
S.A.R.A. Title III is in place in Wilkes County and has been
since 1988. Tier II reports are required annually from each
company that keeps, stocks or maintains certain levels of
hazardous chemicals. This information is shared with local fire
departments, and upon request, to the public.
D.
Extremely Hazardous Substances (EHS) facilities are
required by law to have pre-planning. Emergency
Management and/or the LEPC review these plans annually.
There are several EHS facilities in Wilkes County.
E.
At least one NCDEM Regional Response Team (RRT) is
within a two-hour response from Wilkes County.
F.
Wilkes County has a written statewide mutual aid agreement,
executed on July 8, 2002.
G.
Wilkes County keeps a current list of spill clean up companies
available to business, industry, transportation companies and
emergency response personnel.
H.
Dispatch and response procedures are in place for all reports
of chemical accidents.
I.
Emergency Management responds to hazardous materials
calls upon request and is notified of all hazardous materials
incidents in the county.
Hurricanes: General information regarding hurricanes and the definition is available in
Also see the vulnerability assessment for hurricanes.
A.
Wilkes County Emergency Management participates in
hurricane preparedness planning as a potential reception area
for coastal evacuees as well as practical exercises and it
assists in actual hurricane events when called upon by the
State or through the mutual aid agreement signed by Wilkes
County.
B.
Hurricane awareness information is presented to the public as
often as possible or practical.
C.
The Emergency Management Coordinator tracks in the EOC
and hurricanes as they develop and government officials and
the media are kept informed of the preparations of response
forces.
D.
Response forces are experienced and well trained.
E.
Emergency plans are in place and exercised.
F.
Hurricane watches and warnings are issued by the National
Weather Service and monitored by Emergency Management
106
and the Emergency Operations Center.
G.
Watches and warnings are received via weather alert radios
in schools and day care centers as well as many government
offices.
H.
Watch and warning procedures to further alert agencies are
carried out by emergency communications.
I.
shelter operations.
Landfill Fires: General information regarding landfill fires and the definition is available
in the hazard identification index.
A.
Procedures have been developed by the county Solid Waste
Department to effectively extinguish the majority of fires.
B.
Practical experience as well as training has been conducted
with many fire departments.
C.
Response procedures have been enhanced.
D.
Necessary equipment and manpower (through contractors)
have been located as resources that can respond.
E.
Regulations at facilities prohibit the deposit of flammable
liquids, chemicals or other such substances.
F.
The county Solid Waste Facility is inspected for and mitigation
efforts installed to prevent methane gas buildup, thereby
reducing the potential for fire. In addition new State guidelines
restricting combustible items such as motor oil.
Large Structural Fires: General information regarding large structural fires and the
definition is available in the hazard identification index.
A.
Fire inspections are conducted as often as possible at
businesses and industry by fire marshals on a schedule.
B.
Building evacuations must be posted.
C.
Fire extinguishers clearly marked, available, tested and
recharged on a regular basis.
D.
Fire extinguisher use classes are taught as often as possible.
E.
NFPA standards and codes are followed.
F.
Fire code is rigidly enforced with citations issued for
violations.
G.
Fire departments regularly conduct pre-plans for facilities,
businesses and industry in their respective jurisdictions.
H.
Additional fire safety and fire education programs are
conducted as often as possible.
Mass Casualty: General information regarding mass casualty and the definition is
available in the hazard identification index.
107
A.
The hospital has developed coordinated procedures to handle
mass casualty incidents.
B.
Emergency Medical Service has developed a Mass Casualty
plan.
C.
Plans are exercised on a regular basis.
D.
Training and exercises have been and continue to be
conducted on mass casualty events including transportation,
water, fixed facility, aircraft and schools.
E.
Inspections are conducted on new construction to insure
compliance with building codes.
F.
Buildings are inspected regularly by fire marshals to ensure
compliance with fire codes and ensure that fire exits are not
locked or otherwise obstructed.
G.
Mutual aid agreements have been entered into that may
assist in supplying additional resources in a mass casualty
incident.
Other or Unknowns (biologics, disease, etc): General information regarding other or
unknown hazards and the definition is
A.
infectious diseases and has an infectious disease coordinator.
B.
Training has been conducted with area responders and
agencies regarding biological hazards.
C.
The Health Department, in conjunction with Emergency
Management, area medical providers and others, is
developing a bio-terrorism plan.
D.
The Health Department is in constant contact with state and
federal agencies regarding biological and disease threats.
E.
The Cooperative Extension Service has conducted training for
government agencies and the public regarding foot and mouth
disease and the procedures that have been developed to
prevent an outbreak and procedures have been developed if
an outbreak is detected.
F.
State laboratories have increased efforts to more quickly
identify such threats or hazards.
G.
Wilkes County participates in the Health Alert Network.
Power Failure: General information regarding major power failures and the definition is
A.
Formal emergency plans are in place at both the local level
and state level by the electric utility companies to restore
power as quickly as possible.
B.
Electric power system personnel are available 24/7 in
emergency situations.
108
C.
Response unit (fleet) maintenance programs are in place at
each utility.
D.
Public education in the form of public program presentations,
publications, brochures and flyers is distributed upon request
by each electric utility, which includes 24 hour emergency
contact and reporting information.
E.
24-hour emergency dispatch of personnel to locate and
resolve distribution problems.
F.
24-hour telephone numbers available to the public.
G.
Pole maintenance programs, whereby distribution poles are
inspected and if necessary replaced.
H.
Work plans in place to build new or upgrade substations.
I.
Right-of-Way maintenance programs, whereby right-of-ways
are cleared of trees or other debris that may cause an outage.
J.
Media centers or information distributed to the public to keep
the public informed regarding outages and the progress on
repairs.
K.
Technical representatives are available upon request for the
Emergency Operations Center.
L.
Contracted emergency assistance to provide supplies,
equipment and manpower as part of an emergency plan.
M.
Installation of underground systems where feasible, cost
effective or otherwise appropriate.
Terrorist Activity: General information regarding terrorist activity and the definition is
available in the hazard identification index. Also see the vulnerability assessment for
terrorist threats.
A.
infectious diseases and has an infectious disease coordinator.
B.
Training has been conducted with area responders and
agencies regarding terrorist activity and potential biological
hazards or other hazards, such as bombings.
C.
The Health Department, in conjunction with Emergency
Management, area medical providers and others, is
developing a bio-terrorism plan.
D.
The Health Department is in constant contact with state and
federal agencies regarding biological and disease threats.
E.
The Cooperative Extension Service has conducted training for
government agencies and the public regarding foot and mouth
disease and the procedures that have been developed to
prevent an outbreak and procedures that have been
developed if an outbreak is detected. These procedures are
also developed for the poultry industry and flock diseases that
may affect producers.
F.
State laboratories have increased efforts to more quickly
identify such threats or hazards.
109
G.
Law enforcement has received additional training and
awareness regarding terrorist activity with increased
coordination between local, state and federal law enforcement
to exchange information.
H.
Response agencies have received additional training
regarding terrorist potential.
J.
The public has been kept informed.
K.
Local response procedures have been developed for
suspicious packages and or mail.
L.
Additional procedures and efforts have been made regarding
mass casualty incidents that may result from a terrorist act.
M.
Increased levels of security or additional security measures
have been put into place at many government facilities.
Thunderstorms: General information regarding thunderstorms and the definition is
Also see the vulnerability assessment for thunderstorms.
A.
Close contact is maintained by telephone with the National
Weather Service (NWS)
B.
Wilkes County Communications has the capability to monitor
weather systems, as well as the potential intensity of the
storms, via NWS and other electronic means.
C.
NWS issues watches and warnings to the public and
D.
Public education continues to take place regarding watches
and warnings.
E.
Weather alert radios have been placed in each school and
day center as well as many government agencies.
F.
media to warn the public of the potential for severe
thunderstorms.
G.
When necessary the Emergency Action System (EAS) can be
activated at the local level by appropriate officials.
H.
Power and or utility restoration plans and mitigation efforts are
in place with the various electric utilities.
I.
Debris clearance, as required, can be requested from various
agencies, including NC DOT.
Tornados: General information regarding tornados and the definition is available in the
Also see the vulnerability assessment for tornados.
A.
B.
110
storms approaching the county, as well as the potential
intensity of the storms.
C.
D.
and warnings.
E.
F.
media to warn the public of the potential for severe storms.
G.
H.
I.
agencies, including NC DOT.
J.
Emergency Management has conducted numerous “courtesy”
inspections and recommendations regarding tornado shelters
at area businesses.
K.
Backup warning systems exist, including call down lists. As
many notification calls as possible are made prior to the entry
of the storm system into the county, as an additional warning
method.
L.
If necessary or appropriate, fire department sirens can be
sounded as an additional warning method to the public.
M.
Broadcasts are made via all emergency radio frequencies to
all emergency services agencies regarding watches and
warnings.
N.
shelter operations.
Winter Storms: General information regarding winter storms and the definition is
Also see the vulnerability assessment for winter storms.
A.
B.
storms approaching the county, as well as the potential
intensity of the storms. Numerous other weather-monitoring
stations are available to the communications center and the
emergency operations center.
C.
D.
and warnings.
111
E.
F.
media to warn the public of the potential for severe storms.
G.
H.
I.
agencies, including NC DOT. Pre-determined routes for
clearance are in place by NC DOT.
J.
Snow and ice removal methods are in place by the town and
NC DOT.
K.
Backup warning systems exist, including call down lists. As
many notification calls as possible are made prior to the entry
of the storm system into the county, as an additional warning
method.
L.
If necessary or appropriate, fire department sirens can be
sounded as an additional warning method to the public.
M.
Broadcasts are made via all emergency radio frequencies to
all emergency services agencies regarding watches and
warnings.
N.
shelter operations.
112
113
HAZARD MITIGATION RECOMMENDATIONS AND IMPLEMENTATION STRATEGY
The primary goal of the joint town/county mitigation strategy within the next 10 years is
to reduce the number of deaths, injuries, and economic costs caused by natural and
manmade hazards. This strategy proposes ten (10) major elements, spanning a
continuum that ranges from research to the formulation and implementation of policy
and objectives for further hazard mitigation. These elements are:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Research – Developing an understanding of the natural and manmade
hazards that affect the county and the municipalities. This research
continues, but has been slowed due to economic impact to the towns
and county.
Hazard Mapping and Assessments – Delineating susceptible areas and
different types of hazards at a scale useful for planning and decisionmaking. Updated GIS mapping will allow for the completion of this
goal. The new GIS mapping is currently being implemented.
Real-Time Monitoring- Monitoring of current mitigation measures and
evaluation of those efforts in a real time mode. How effective are our
current programs? What measures can be put into place immediately to
further reduce or minimize loss of life, injuries and economic costs prior
to, during and immediately following a disaster. This monitoring is
ongoing and will be accomplished with the help of the new GIS
mapping. Staffing time will be required to assist in documenting the
mitigation measures. Currently staffing is limited due to current
economic impact to towns and county.
Loss Assessment – Compiling and evaluating information on the
economic impacts of hazards on a local level. The compiling and
evaluating is ongoing and will be accomplished with the help of the new
GIS mapping. Staffing time will be required to assist in documenting
the mitigation measures. Currently staffing is limited due to current
economic impact to towns and county.
Information Collection, Interpretation, and Dissemination – Establishing
an effective system for information transfer. The standard GIS mapping
will allow for the collection and dissemination of information.
Guidelines and training – Developing guidelines and training for
responders, managers and other professionals, and decision-makers.
Training is ongoing and a requirement for responders including
managers and decision makers in their specialty and incident command
systems.
Public Awareness and Education – Developing information and
education for the community. By means of County and town web
pages pubic education has been made available and well as education
to individual groups by responders.
Implementation of Loss Reduction Measures – Encouraging mitigation
actions. This process is on going and still in the planning process.
Emergency Preparedness, Response, and Recovery – Building
114
10.
resistant and resilient communities. On going process, seeking funding
sources to help accomplish the goal.
Define reasonable and measurable goals and objectives to further
hazard mitigation efforts. On going process, making determinations on
the goals that are reasonable and can be funded.
Implementation of the strategy will require increased local funding as well as funding
from state and federal sources in the form of grants. Without appropriate funding most,
if not all, mitigation goals and proposals that require expenditures will not be able to be
accomplished. Accomplishment of these recommendations is largely dependant upon
funding being available from federal, state, local and private resources. Upon approval
of this mitigation plan, work will begin to analyze each recommendation for a number of
issues (i.e. feasibility, cost, legal, etc.). It is likely that these recommendations will test
the limits of the fiscal and political willingness to implement them. Implementation will
also require better coordination among levels of government, and partnerships between
governments, the public, and private sector businesses. This cooperation will
encourage innovative programs and incentives for hazard planning, adoption of loss
reduction measures, and implementation of new technology. Specifically, this strategy
recommends the following objectives: The economic conditions of the State of North
Carolina, Wilkes County and its towns has had major impact due to the high
unemployment, closing and relocation of manufacturers who were major tax payers for
the County that has presented major budget reductions to current operating as well as
the reduction to any new projects due to the lack of funding.
•
•
•
•
•
•
•
•
expansion of emergency response forces. Budget reduction and economic
impact on the county has put this process on hold until funds are available
formation of a cooperative hazard mitigation program to integrate hazard
mitigation into new developments, commercial districts, land use planning,
growth planning, infrastructure and other initiatives. These issues are being
reviewed by planning department.
to prevent, through ordinance, the construction or occupancy of facilities that
will house or are likely to house extremely hazardous substances as defined in
S.A.R.A. Title III. On going planning
to maintain a standing hazard mitigation task force (interagency and interjurisdictional working group) to serve as a technical extension of the various
planning boards. Task force ongoing
to conduct hazard mitigation research into residential or commercial
construction projects that are proposed for areas within 50 yards of the 1
percent (100 year) flood plain and report findings to the respective planning
board, as appropriate or requested. Research is ongoing and will continue into
the next plan review period.
to request developers of projects that exceed twenty five (25) residential
structures or exceed five (5) commercial occupancies, proposed for locations
within one-half (1/2) mile of a US or NC highway, complete a hazard mitigation
plan that includes evacuation routes, evacuation time line estimates for
additional traffic, environmental / infrastructure impact, that in addition to
current environmental impact requirements shall include water run off, water
and sewer impacts, law enforcement, fire protection and emergency medical
service impacts and additional daily traffic impacts. This is under review by the
planning department and current planning and development ordinances of the
county and towns.
to provide for "zero development" for any new commercial, residential, or
livestock housing construction inside the established 100 year flood plain.
Current building codes enforces this objective.
to provide stand-by emergency generators with transfer switch and a 72 hour
115
•
•
•
•
•
•
•
•
fuel capacity at all critical facilities by the year 2015. On going process
to provide a stand-by emergency generator with transfer switch and a 72 hour
fuel capacity at any new critical facility constructed, remodeled or reconstructed
after January 1, 2005. On going project, no new facilities building since 2005
to require the owner of any existing health care facility, assisted living facility,
skilled care facility or other such health care or geriatric care facility that
operates twenty-four (24) hours, seven (7) days a week, with greater than ten
(10) resident clients, to install a full capacity, stand-by emergency generator
with transfer switch and a 72 hour fuel capacity at any such facility on or prior to
January 1, 2010. On going process that will require adoption by elected
officials.
to require the owner/developer of any health care facility, assisted living facility,
skilled care facility or other such health care or geriatric care facility that
operates twenty-four (24) hours, seven (7) days a week, with greater than ten
(10) resident clients, to install a stand-by emergency generator with transfer
switch and a 72 hour fuel capacity at any such facility who's construction begins
on or after January 1, 2005. . On going process that will require adoption by
elected officials.
to seek voluntary implementation of commercial and residential wind resistant
structures. Process is on going and education efforts are in process.
to retrofit residential structures currently located in the 100 year flood plain to a
base elevation one (1) foot above the flood plain. Process is on going and
education efforts are in process.
to retrofit all critical facilities to reduce collapsing materials such as light
fixtures, ceiling tiles, shelves or other unsecured material. Process is on going
and education efforts are in process.
to research and implement Wildfire Urban Interface Mitigation as outlined by
the N.C. Forest Service. On going process working with NC Forest Service.
to research and implement Wildfire Mitigation goals as set forth by the N.C.
Forest Service. On going process working with NC Forest Service.
Action Plans
Research
It is recommended that the county and the towns examine the possibility of a central
repository for hazard research documents and that such a repository could be easily
accessed by local officials for the purpose of determining known hazards and projecting
hazards based upon those documents. Local codes and ordinances would be part of
this repository as well as GIS information, floodplain maps and other documents.
Wilkes County and the towns all have websites and they have done an exceptional job
with the development of those sites. This would be an ideal method for the citizens,
potential developers, and local officials to do research in a very short period of time.
The library may also be able to assist in this effort. The library is accustomed to
gathering, cataloging and holding documents for research and would make an ideal
location.
Additional hazards that have been outlined in the hazard vulnerability analysis section
of this plan, but not thoroughly examined, should be a part of ongoing research to
continually assess the vulnerabilities of the community. Through this mitigation plan and
numerous meetings and conversations with the public, the county and the towns have a
better understanding of the hazards they face. To be effective, research before an
event can help in meeting the primary goal of this plan.
Concept:
1.
Develop a method for a central repository of information regarding hazards,
including documents from the county and all the municipalities. This repository
would become the central focus for research into such hazards.
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2.
Project scope:
Determine the lead agency that will be responsible for project development.
(Projected to be administration officials)
Determine the feasibility of the project.
Determine the information to be gathered and in what form.
Determine the information that can be shared with the public and a method of
allowing such access.
Determine a method for allowing access to secured areas of a data base, by
authorized users. Some information may be sensitive.
Determine the cost for project implementation.
Seek funding.
3.
Implementation:
To be determined after a study of the capabilities of all available technology is
completed and the project scope has been completed. Implementation (if
feasible) should be completed by February 16, 2009. Project scope has been
delayed until after the GIS software is fully implemented, then the capabilities of
all the technology will be completed. Projected completion by March 1, 2010.
4.
Cost analysis:
To be determined during the feasibility phase.
Hazard Mapping and Assessments:
It is imperative that Wilkes County and the towns actively pursue all available avenues
for up-to-date flood plain maps and include those maps in a usable, modern GIS
(geographic information system) layer for floodplains and floodplain management. This
effort will save a tremendous amount of time and effort determining those structures
that are (or are not) located in a flood plain. This would further allow in depth analysis
regarding potential buy-out programs or encouraging greenways in flood prone areas
as well as established flood plains.
Additionally, the Army Corps of Engineers should modernize it's methods for
determining inundation from a dam failure at Kerr Scott Dam. The maps that are
currently available are "paper maps" and have no reference to parcels or developments
since the maps were drawn. There is no known data that would indicate who property
owners are that are down stream without extensive and exhaustive research by the
Mapping Department. A GIS layer from the Corps should be provided to the County that
would work in conjunction with the mapping system and allow a layer to extract parcel,
address and owner name.
Concept:
1.
Up-to-date digital (GIS) flood plain layers and maps that would allow the county
mapping department to access parcels, addresses and ownership as well as
define or otherwise delineate the type of structure in the floodplain (residential,
commercial, etc.) and incorporate an up-to-date digital (GIS) inundation map
from the US Army Corps of Engineers to access parcels, addresses and
ownership as well as define or otherwise delineate the type of structure in the
area of potential inundation (residential, commercial, etc.)
2.
Project scope:
(Projected to be Mapping / GIS/ IT )
Determine the information available, how it will be obtained and how it is to be
integrated.
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authorized users, if necessary
Incorporate flood plain layers and inundation maps for graphical depiction and
coupled to the GIS database to determine parcels, ownership, address, and
type of structure.
Seek funding.
3.
Implementation:
completed and the project scope has been completed. If feasible, this project
should be completed by February 16, 2009 or within five years of when digital
flood plain layers are available from the state or from FEMA. This will be
completed within the next five years since new FEMA maps have been made
available.
4.
Cost analysis:
Real-Time Monitoring:
In the preparedness, response and recovery phases of a comprehensive emergency
management program is an opportune time to conduct real-time monitoring of
mitigation efforts. This project proposes that this monitoring is an effective tool to
immediately improve upon current mitigation programs and future programs that may
be impacted.
Concept:
1.
Consolidation of written (electronic or plain copy) documents into a single,
seamless, integrated plan that incorporates all phases of a comprehensive
emergency management program. This would allow emergency managers,
planners and elected officials an opportunity to examine their mitigation efforts
in conjunction with preparedness plans, response procedures and recovery
activity. This concept is concurred by Wilkes County and the municipalities. It is
desired that the feasibility portion of this project be completed by December 31,
2003, assuming funding can or will be approved.
2.
Project scope:
(Emergency Management and the EOP Task Force)
Feasibility has been determined.
Work has begun to determine the information to be integrated.
A method for allowing access to secured areas of a data base, by authorized
users has been developed.
Automate, as much as possible the preparedness, response and recovery
information processes.
The cost for project implementation has been determined.
Funding has been applied for and granted. The grant will be administered, on
state level, by the by the NC Division of Emergency Management.
3.
Implementation:
Implementation of this project is underway and it is expected to be completed
not later than December 31, 2003. Contractors have been hired to develop and
complete this project. Project completed.
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4.
Cost analysis:
Was determined during the feasibility phase.
Information Collection, Interpretation, and Dissemination:
One of the keys to a successful implementation of a hazard mitigation strategy is
information. Without information and the dissemination of those information planners,
managers, elected officials, the public and private industry will not be able to make
effective hazard mitigation decisions. Currently the ability of planners to implement
mitigation is hampered by the ability of all involved agencies (town and county) to
automatically communicate and coordinate plans. Whether this is a plat submitted for
development, a new commercial district or proposed road and street additions.
Concept:
1.
Use of technology to accomplish an automated system to coordinate plans
information, development information, road expansion information or other
demographics is desired. Further, it is desired that towns and county automated
systems that contain such information have the ability to be integrated with one
another and relative information shared between the systems. This concept is
concurred by Wilkes County and the municipalities. It is desired to have the
feasibility portion of this project completed by December 31, 2004, assuming
funding can or will be approved.
2.
Project scope:
(Projected to be IS and Planning)
Determine the capability of systems to be integrated.
authorized users.
Automate, as much as possible the planning and inspections processes.
Seek funding.
3.
Implementation:
completed and the project scope has been completed. The project will be
implemented once funding is found for the project.
4.
Cost analysis:
Guidelines and training:
The establishment of guidelines that will be used in a joint town/ county mitigation plan
and the training of personnel in those guidelines is perhaps one of the more important
projects that will be carried out. This will take a tremendous cooperative effort on behalf
of all participants at an unprecedented level. Joint guidelines that are transparent to
jurisdictional boundaries is desired. With the ever expanding jurisdictional boundaries of
the municipalities, through annexation, it is imperative that clear understanding of
guidelines that are used by both the municipality and the county in such joint efforts be
conveyed to managers, planners, inspectors, mapping, addressing, emergency
management and, when appropriate, emergency response personnel.
Concept:
1.
To establish, where feasible, joint (town and county) guidelines for hazard
mitigation implementation and to use all available information in the decision
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making process that is likely to effect within a five (5) year period, based on
growth projections, a municipal jurisdiction. This includes planning and zoning
authority that is currently exercised by either the municipality or the county.
This concept is concurred by Wilkes County and the municipalities. It is desired
to have the feasibility portion of this project completed by December 31, 2005,
assuming funding can or will be approved.
2.
Project scope:
(Projected to be EM and HM Task Force/ LEPC)
Determine the capability (legally, physically and politically) of jurisdictions to
form joint guidelines.
Determine a method for providing the most cost effect training of users in
established guidelines.
Automate, as much as possible the planning and inspections processes and
train those responsible for data management.
Seek funding.
3.
Implementation:
completed and the project scope has been completed. This project is pending a
funding source.
4.
Cost analysis:
Public Awareness and Education:
Wilkes County and the municipalities carry out a large number of hazard mitigation,
public education projects. Current mitigation efforts in public awareness and education
can be found in the "Current Mitigation Measures" section of this plan. Each is identified
by hazard and the multitude of efforts that are carried out by both the public and the
private sector. This particular portion of the mitigation strategy however; deals with new
initiatives that are proposed, planned, recommended or at least recommended for
further examination.
Concept:
1.
To establish, where feasible, joint (town and county) public education materials
and public education public for hazard mitigation implementation. This concept
is concurred by Wilkes County and the municipalities. It is desired to have the
feasibility portion this project completed by December 31, 2005, assuming
funding can or will be approved.
2.
Project scope:
(Projected to be Hazard Mitigation Task Force)
form joint public information programs, brochures, handouts, etc.
Establish a goal of the number of brochures to be distributed, and their method
of distribution.
Establish a goal of the number of public presentations to be conducted and the
method by which these presentations will be carried out (i.e. Power Point
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presentations, videos, personal appearances, public radio and television, etc.)
Establish locations on current websites, that can be accessed by the public, a
place for hazard mitigation information (i.e. Links)
Establish a method for using print media, such as newspapers, circulars and
periodicals to inform and educate the public.
Establish a method and procedure for using mail to notify the public of
mitigation efforts they can carry out as well as informing them of existing
hazards (i.e. ...do you know you live in a flood plain? Do you have flood
insurance?...")
Seek funding.
3.
Implementation:
completed and the project scope has been completed. Project completed and
will be ongoing.
4.
Cost analysis:
Implementation of Loss Reduction Measures:
The implementation of this mitigation strategy is dependant upon several factors.
Perhaps most important is funding. Historically the municipality and the county have
relied on funding from state and federal sources to implement mitigation measures.
This may not be possible in future efforts. Each agency, determined to be responsible
for a project or portion of that project, must be innovative and cost effective in its
recommendations. Recommendations that require implementation by ordinance will be
required to follow the same due process afforded to any ordinance addition or
modification. These require public hearings and each agency, determined to be
responsible for such recommendations must be prepared to justify the
recommendation. Public education and awareness prior to implementation is essential,
as well as public support for mitigation measures.
Concept:
1.
To establish, where feasible, joint (town and county) mitigation funding sources.
To establish joint searches for opportunities to implement hazard mitigation
goals, objectives, or recommendations. This concept is concurred by Wilkes
County and the municipalities. It is desired to have the feasibility portion this
project completed by December 31, 2006, assuming funding can or will be
approved.
2.
Project scope:
(Projected to be County and municipal executives and Grants Management)
form joint public funding sources or seek joint funding, where practical to
implement hazard mitigation goals, objectives or recommendations.
Establish a rapid method of grant application and approval for such
applications.
Establish a goal of the number of recommendations and their priority, to be
analyzed and or carried out on an annual basis.
Establish closer working relationships with those persons or agencies that are
known to be sources of funding or known to be providers of publications and or
public information regarding hazard mitigation efforts. (i.e., FEMA)
Establish other innovative potential other than direct funding, for project or
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recommendation implementation.
Seek funding.
3.
Implementation:
completed and the project scope has been completed. Project continues to
seek a funding source to implement.
4.
Cost analysis:
Emergency Preparedness, Response, and Recovery:
See the Wilkes County Emergency Operations Plan. This plan has been formally
adopted by the county and by the municipalities in accordance with NCGS 166A. This
plan, along with procedures can be viewed by the public on the website or the Wilkes
County Public Library.
OBJECTIVES – DETAILED
Objective: Expansion of emergency response forces
relied on funding from general revenue to implement expansions of emergency services
response forces. Each agency, determined to be responsible for a project or portion of
that project, must be innovative and cost effective in its recommendations. Public
education and awareness prior to implementation is essential, as well as public, elected
official and administrative support for this objective.
Concept:
1.
To establish, where feasible, additional emergency response forces, by at least
10%, that are trained, equipped and prepared to respond to a variety of
emergency and disaster situations. This concept is concurred by Wilkes County
and the municipalities. It is desired to have the feasibility portion this project
completed by July 1, 2006, assuming funding can or will be approved.
2.
Project scope:
(County and municipal executives and Grants Administration)
Determine the overall impact on general fund revenues and the impact on
budget.
form public funding sources or seek joint funding, where practical to implement
this objective and recommendation.
applications, where applicable, through Grants Administration.
known to be sources of funding (i.e., FEMA)
Establish other innovative potential other than direct funding, for project
implementation.
Seek funding.
3.
Implementation:
To be carried out in the course of annual budget preparations, determined after
study of the current capabilities of all response forces is completed and the
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project scope has been completed. Funding has been limited, some of the
equipment purchased through Homeland Security can be used or assisted
equipment needed for our mitigation efforts and goals. Local funds are not
available due to the economic issues of the county. This project will be ongoing
continuing to seek funding sources to accomplish this project.
4.
Cost analysis:
Objective: Formation of a cooperative hazard mitigation program to integrate
hazard mitigation into new developments, commercial districts, land use
planning, growth planning, infrastructure and other initiatives.
1.
Concept:
The integration of a cooperative hazard mitigation program into new
development, commercial districts, infrastructure and land use planning
become imperative as Wilkes County continues to grow. According to the North
Carolina Department of Commerce (EDIS), Wilkes County experienced a
10.3% increase in population from 1992 to 2002. This objective also includes
the objectives of:
•
•
•
•
•
•
•
Hazard mitigation research into residential or commercial construction
projects that are proposed for areas within 50 yards of the 1 percent
(100 year) flood plain and report findings to the respective planning
board, as appropriate or requested,
Request developers of projects that exceed twenty five (25) residential
structures or exceed five (5) commercial occupancies, proposed for
locations within one-half (1/2) mile of a US or NC highway, complete a
hazard mitigation plan that includes evacuation routes, evacuation time
line estimates for additional traffic, environmental / infrastructure
impact, that in addition to current environmental impact requirements
shall include water run off, water and sewer impacts, law enforcement,
fire protection and emergency medical service impacts and additional
daily traffic impacts.
Provide for "zero development" for any new commercial, residential, or
livestock housing construction inside the established 100-year flood
plain.
Provide stand-by emergency generators with transfer switch and 72hour fuel capacity at all critical facilities by the year 2010.
Provide a stand-by emergency generator with transfer switch and a 72hour fuel capacity at any new critical facility constructed, remodeled or
reconstructed after January 1, 2006.
Require the owner of any existing health care facility, assisted living
facility, skilled care facility or other such health care or geriatric care
facility that operates twenty-four (24) hours, seven (7) days a week,
with greater than ten (10) resident clients, to install a full capacity,
stand-by emergency generator with transfer switch and a 72 hour fuel
capacity at any such facility on or prior to January 1, 2010.
Require the owner/developer of any health care facility, assisted living
facility, skilled care facility or other such health care or geriatric care
facility that operates twenty-four (24) hours, seven (7) days a week,
with greater than ten (10) resident clients, to install a stand-by
emergency generator with transfer switch and a 72 hour fuel capacity at
any such facility who's construction begins on or after January 1, 2006.
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This concept is concurred by Wilkes County and the Town of Wilkesboro. It is
desired to have the feasibility portion this project completed by July 1, 2006,
assuming funding can or will be approved.
2.
Project scope:
(County and municipal executives, with delegation of study to town and county
attorneys, county planners, Division of Facility Services, Social Services,
Grants Administration and others as appropriate)
Determine the feasibility of the project or projects.
Establish a priority methodology for each of the objectives listed above.
Determine the overall impact on general fund revenues and the overall impact
on budgets for those affected.
implement recommendations.
applications, where applicable.
implementation.
Seek funding.
3.
Implementation:
Phase I. To be carried out in the course of annual budget preparations,
determined after study of the current land use plan, current ordinances and
other documents. Land use study currently under review, implementation will
require changes in the economy and additional funding allocations. Due to the
current economic issues of the county, this will have to be an ongoing project.
Phase II. To be carried out upon the development of recommended ordinance
changes as appropriate, giving ample opportunity for the public and affected
parties to present concerns to planning boards and elected officials. Public
hearings or other forms of due process will be afforded in accordance to local
ordinance and or state law. Phase II will phase in once Phase I is
accomplished. Due to current economic issues, a completion date has not
been set, but would be within the next 10 years.
Cost analysis:
4.
Objective: Installation by the U.S. Army Corps of Engineers, of visual and
audible alert and warning systems at Kerr Scott Dam.
1.
Concept:
W. Kerr Scott Dam, which spans the Yadkin River and forms W. Kerr Scott
Reservoir, restrains millions of gallons of water. Inundation maps from the US
Army Corps of Engineers, the owner of Oxford Dam and hydroelectric facility,
show land mass inundation along the Yadkin River basin in the unlikely event of
a dam core breach or other catastrophic event.
The Hazard Mitigation Task Force feels that warning systems that would be
both visual and audible to boaters and other users of the water way, as well as
residences that may be occupied down stream would be beneficial in the
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attempt to save lives in a fast breaking event.
This concept is concurred by Wilkes County and the municipalities. It is desired
to have the feasibility portion this project completed by July 1, 2006, assuming
funding can or will be approved by the US Army Corps of Engineers and or
state agencies..
2.
Project scope:
(Projected to be Emergency Management and US Army Corps of Engineers)
Determine the feasibility of the project or projects.
Establish a priority methodology for a warning system.
budget, if any.
Determine the overall impact on the Corps of Engineers and costs that may be
associated with such a system.
Determine the capability (legally, physically and politically) of agencies to
implement recommendations.
implementation.
Seek funding.
3.
Implementation:
Phase I. To be carried out in the course discussions with The US Army Corps
of Engineers, determined after study of the current policy of the Corps
regarding implementation of such systems. Pending the approval, resources
from The US Army Corps of Engineers.
Phase II. To be carried out upon the development of recommended systems.
To be carried out according to a mutually agreed upon schedule by the Corps
of Engineers, if such an objective can be agreed upon by local officials and the
Corps. If appropriate, public hearings or other forms of due process will be
afforded in accordance to local ordinance and or state law. Phase II is pending
the completion of Phase I.
Objective: Retrofit or relocate residential structures currently located in the 100year flood plain to a base elevation one (1) foot above the flood plain.
This objective may seem a low priority project to some officials. However, a recent
count of structures inside the 100-year flood plain indicates that flooding could occur of
such a magnitude to cause a significant impact on citizens that are affected. The state
of North Carolina is familiar with "buy out" programs in flood plains and flood prone
areas. Federal and state officials feel that by (1) removing people from the hazard and
(2) preventing citizens from placing themselves (intentionally or not) in harms way, this
reduces the cost to Wilkes County, the State and the Federal Government and saves
lives. By further enacting a "zero" tolerance for persons desiring to build in the
floodplain and prohibiting development in those areas, Wilkes County better prepares
itself to reduce or eliminate the loss of life and habitable property. This objective is
entirely dependant upon state and federal funding and the ability to provide adequate
public information to citizens that may be effected. This will be a difficult objective to
obtain and impossible without state and federal monetary commitments.
Concept:
1.
To establish, where feasible, the retrofit, relocation or purchase of habitable
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structures in the 100 year (1%) floodplain. To plan for the retrofit, relocation or
purchase of habitable structures at the rate of 10% per annum until the project
is complete. This project should not begin until new floodplain maps are
generated by the state and accurate analysis of the new maps is made to
determine impact upon local populations. This concept is concurred by Wilkes
project completed by July 1, 2006, assuming funding can or will be approved.
2.
Project scope:
(Projected to be Emergency Management, County planning and the NC
Division of Emergency Management)
implement such a program, including grants management.
Seek funding.
3.
Implementation:
To be carried out in the course of floodplain map preparation by the contracted
firm of the State of North Carolina, which is developing new flood plain maps.
These maps will be available by January, 2006 from the Division of Emergency
Management or from FEMA. Mapping has been provided by the State of North
Carolina and FEMA; the County has begun to implement a new GIS mapping
system that is a standard to the industry. This will be an ongoing project
seeking funding sources.
4.
Cost analysis:
Objective: Retrofit all critical facilities to reduce collapsing materials such as
light fixtures, ceiling tiles, shelves or other unsecured material.
relied on funding from general revenue to implement capital improvements, repairs to
government structures and other critical facilities. Each agency, determined to be
responsible for a project or portion of that project, must be innovative and cost effective
in its recommendations. This includes the possibility of funding under hazard mitigation
grant programs that may be available. Public education and awareness prior to
implementation is essential, as well as public, elected official and administrative
support for this objective.
Concept:
1.
To establish, where feasible, additional structural and fixture integrity by 25%.
At a minimum all critical facilities should be surveyed by earthquake planners
and structural engineers employed by the Division of Emergency
Management that are trained, equipped and knowledgeable to prepare reports
and recommendations to local officials. This concept is concurred by Wilkes
project completed by July 1, 2007, assuming funding can or will be approved.
2.
Project scope:
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(Projected to be Emergency Management and County inspections)
budget.
this objective and recommendation, including grants.
implementation.
Seek funding.
3.
Implementation:
To be carried out in the course of annual budget preparations, determined after
study of the current capabilities of local agencies to perform assessments or the
resources available from the Division of Emergency Management. Current
budget and funding sources are not available to implement. Will continue to
seek funding sources to implement.
4.
Cost analysis:
Objective: Wildfire Urban Interface Mitigation. The N.C. Forest Service outlines
the following goals and recommendation for goal achievement. This objective can be
accomplished by following the recommendations and further reduce the vulnerability to
wildfires that would likely effect urban populations.
Concept:
1.
The N.C. Forest Service has established the following goals/objectives to:
1. Provide for a full-time structure protection position to implement the
required actions in urban-interface readiness and response.
2. Effectively assess and document "at risk" Urban-Interface areas in
Wilkes County.
3. Provide for the development and instruction of Wildland/UrbanInterface training for fire suppression agencies and other response
agencies in Wilkes County.
4. Provide strategic and tactical interagency operational planning for
Wildland/Urban-Interface incidents response.
5. Inform and educate property owners of Wilkes County about the wildfire
risks associated with living in a wildland environment.
6. Inform and educate property owners of Wilkes County about effective
methods of wildfire prevention, structure preparation, and mitigating
wildfire risk in the Urban-Interface.
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7. Assist in the advancement of local firefighting techniques and introduce
new technologies to local personnel.
2.
Project scope:
(N.C. Forest Service, Wilkes County Fire Marshal, Wilkes County and municipal
fire departments, county and municipal administration officials)
budget.
implementation.
Seek funding.
3.
Implementation:
Goal 1- Effectively assess and document "at risk" Urban-Interface areas in
Wilkes County
•
•
•
•
•
Conduct a comprehensive assessment of the overall urban-interface
situation in Wilkes County. Utilize a standard rating sheet to rank and
document the relative hazard for each area surveyed.
Compile the "Hazard Ratings" for all areas countywide and produce
both a written and a graphical database representing the relative level
of risk for each area.
Utilize Arcview GIs data to produce a county wide "at risk" map product
with the ability to categorize priority areas for potential mitigation. This
data should be produced in an easy to update digital format.
Conduct on the ground reconnaissance of urban interface areas to
identify important operational considerations, make useful on the
ground contacts in the area, and mitigate identified tactical problems as
feasible (use an operational checklist to assist)
Utilize Arcview GIs data, first hand observation, and other relevant
information to produce detailed individualized pre-attack plans for "at
risk" urban-interface areas. Emphasis should be placed on producing a
very effective topographic operational map & pre-planned facilities
map.
Goal 1 is in the process of being implemented with the new GIS database
implemented by the County. The lack of staffing reduces the quantity of
data loaded into the new GIS Database.
Goal 2- Provide for the development and instruction of Wildland/UrbanInterface training for fire suppression agencies and other response
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•
•
•
Conduct standard NFPA, NWCG and other WCC sponsored training for
local suppression agencies and other response agencies in Wilkes
County on a yearly basis.
Develop and conduct other hands on urban-interface fire training
identified as a need at the local level. Examples include safety
considerations, structure protection tactics, apparatus operation, span
of control & apparatus management, ICS for wildfires, and operational
procedures.
Provide scenario based wildland urban-interface training for local
suppression agencies and other response agencies in Wilkes County
The training is an ongoing process for all the agencies involved.
Goal 3- Provide strategic and tactical interagency operational planning for
Wildland/Urban-Interface incidents response.
•
•
•
•
Develop a comprehensive apparatus information database to be used
as a basis for resource ordering on wildfire incidents countywide.
Provide for proficient structure protection efforts by developing prearranged task force leaders for urban-interface incidents.
Develop & disseminate detailed information such as maps, first hand
observations, and reliable second hand information to support
interagency suppression operations on urban-interface incidents.
Ensure effective span of control is implemented and maintained by all
suppression units on urban-interface incidents.
In the process of being developed as new data is added to the new GIS
Database. Lack of staffing is reducing the amount of data loaded at this
time. This will be an ongoing process.
Goal 4- Inform and educate property owners of Wilkes County about the
wildfire risks associated with living in a wildland environment.
This process is ongoing by means of the NC Forestry, County Fire Marshal’s
Office and local fire departments.
Goal 5- Inform and educate property owners of Wilkes County about
effective methods of wildfire prevention, structure preparation, and
mitigating wildfire risk in the Urban-Interface.
•
•
•
•
Make effective use of the national "Firewise" program and encourage
its community based approach.
Provide on the ground recommendations to property owners,
homeowner associations and others and about wildfire prevention and
structure preparation techniques as requested.
Disseminate Urban-Interface related brochures and other educational
information to target groups as well as the general public.
Maintain a list of contacts for each "at risk area" and utilize those
contacts to provide information flow between the NCFS and property
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owners both on and off incidents.
This process is ongoing by means of the NC Forestry, County Fire Marshal’s
Office and local fire departments
Goal 6- Assist in the advancement of local firefighting techniques and
introduce new technologies to local personnel.
•
•
Further explore the discipline of structure protection. Stay informed on
new strategies, tactics, technologies, failures and successes. Inform
suppression agencies about items that may be useful locally.
Demonstrate new and under utilized techniques and technologies to
suppression agencies when possible.
Implementation is dependant upon funding. If feasible, this project could be
completed by July 1, 2008. Ongoing process, continue to seek funds for
training and utilizing all local resources such as community college.
4.
Cost analysis:
Objective: To research and implement Wildfire Mitigation goals as set forth by the
N.C. Forest Service and other fire officials to reduce the risk to and the vulnerability
from wildfire whether accidentally or purposefully set.
Concept:
1.
The N.C. Forest Service has established the following goals/objectives to:
1. Continue to provide for effective initial attack capabilities in Wilkes
County.
2. Continue to provide for an effective forest management program in
Wilkes County.
3. Continue to provide for the development and instruction of wildfire
suppression training for fire suppression agencies and other response
4. Provide strategic and tactical interagency operational planning for
Wildfire incident response.
5. Inform and educate forest landowners owners of Wilkes County about
the wildfire risks in Wilkes County.
2.
Project scope:
(N.C. Forest Service, Wilkes County Fire Marshal, Wilkes County and municipal
fire departments, county and municipal administration officials)
budget.
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implementation.
Seek funding.
3.
Implementation:
Goal 1- Continue to provide for effective initial attack capabilities in
Wilkes County.
•
•
•
•
•
•
•
Continue to provide for an effective cooperative suppression program
between the North Carolina Forest Service and Wilkes County
Government.
Maintain an effective local operational force of trained and qualified
initial and extended attack firefighters in Wilkes County. This is
presently being accomplished by efforts of the NCFS in maintaining the
Fire Attack Support Team "FAST".
Identify new and ongoing needs of the NC Forest Service, FAST, and
local suppression agencies.
Continue to provide an effective fire equipment support program with
local suppression agencies through the NCFS and Federal Excess
Property Program
Continue to conduct standard WPA, NWCG and other WCC sponsored
training for NCFS personnel, local suppression agencies, and other
response agencies in Wilkes County on a yearly basis.
Solicit input from all local suppression forces concerning new and
ongoing resource needs.
Provide for new and ongoing needs of the NC Forest Service, FAST,
and local suppression agencies by seeking funding sources from all
available avenues.
Ongoing process with local and state officials.
Goal 2- Continue to provide for an effective forest management program
in Wilkes County.
•
•
•
•
Continue to provide for an effective cooperative suppression program
between the North Carolina Forest Service and Wilkes County
Government.
Maintain an effective local staff of trained and qualified forest
management professionals in Wilkes County. Our 3 person staff of
NCFS personnel in Wilkes County is presently accomplishing this.
Actively promote effective and sound multiple-use forest management
and resource planning in Wilkes County.
Continue to provide sound multiple-use forest management technical
assistance in Wilkes County.
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Goal 3- Continue to provide for the development and instruction of
wildfire suppression training for fie suppression agencies and other
response agencies in Wilkes County.
•
•
Continue to conduct standard NFPA, NWCG and other WCC
sponsored training for NCFS personnel, local suppression agencies,
and other response agencies in Wilkes County on a yearly basis.
Develop and conduct other hands on wildfire training identified as a
need at the local level. Examples include safety considerations,
structure protection tactics, apparatus operation, span of control &
apparatus management, ICS for wildfires, and operational procedures.
Provide scenario based wildfire training for local suppression agencies and
other response agencies in Wilkes County.
Goal 4- Provide strategic and tactical interagency operational planning for
Wildfire incident response.
•
•
•
Develop a comprehensive resource information database to be used as
a basis for resource ordering on wildfire incidents countywide.
Develop & disseminate detailed information such as maps, first hand
observations, and reliable second hand information to support
interagency suppression operations on wildfire incidents.
Ensure effective span of control is implemented and maintained by all
suppression units on wildfire incidents.
Developing of a database for the wildfires will be added in the Wilkes
County GIS Database. This is an ongoing process as the GIS database is
new as the county has implemented an Archview system which allows for
the sharing of data since it is a standard format.
Goal 5- Inform and educate forest landowners owners of Wilkes County
about the wildfire risks in Wilkes County.
•
•
Actively participate in the Wilkes County Forest Landowner Association
and educate landowners on techniques to reduce the risk of wildfire.
Maintain an effective public information program to inform citizens of
Wilkes County of the fire risk conditions to be used as a fire use
decision tool.
Implementation is dependant upon funding. If feasible, this project could be
completed by July 1, 2008.
4.
Cost analysis:
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POTENTIAL PROGRAM SOURCES OF FUNDING – HAZARD MITIGATION AND RECOVERY
•
Hazard Mitigation Grant Program (HMGP)
The Federal Disaster Assistance Act (Stafford Act) provides funds authorized by the
federal government and made available by FEMA for a cost-share program to states.
The HMGP provides 75% of the funds while the states provide 25% of the funds for
mitigation measures through the post-disaster planning process. The Division of
Emergency Management administers the program in this state. The state share may be
met with cash or in-kind services. The program is available only for areas affected by a
Presidentially declared disaster.
•
Use of General Revenue Funds from local budget”
Approval of funding from the general budget of the county
•
Disaster Preparedness Improvement Grant (DPIG)
This grant provides federal matching funds for communities to develop hazard mitigation
plans, expand existing plans, update disaster preparation plans, and to prepare the
administrative plans required to qualify for Hazard Mitigation Grant Program grants.
Funds for the DPIG are provided by FEMA and the Division of Emergency Management
administers the program in each state.
•
Flood Mitigation Assistance Program (PA)
This program provides grants for cost effective measures to reduce or eliminate the longterm risk of flood damage to the built environment and real property. The program’s man
goal is to reduce repetitive losses to the National Flood Insurance Program. The FMAP
is available to eligible communities every year, not just after a Presidentially declared
disaster. Funds for the FMAP are provided by FEMA and the Division of Emergency
Management administers the program in each state.
•
Public Assistance Program (PA)
133
The Public Assistance provides federal aid to communities to help save lives and
property in the immediate aftermath of a disaster and to help rebuild damaged facilities.
Grants cover eligible costs associated with the repair, replacement and restoration of
facilities owned by state of local governments and nonprofit organizations. The Public
Assistance program is administered by FEMA.
•
Small Business Administration Disaster Assistance Program
This program provides loans to businesses affected by Presidentially declared disasters.
The program provides direct loans to businesses to repair or replace uninsured disaster
damages to property owned by the business, including real estate, machinery and
equipment, inventory and supplies. Businesses of any size are eligible. Nonprofit
organizations are also eligible. The SBA administers the Disaster Assistance Program.
•
Community Development Block Grant (CDBG)
The CDBG program provides grants to entitlement communities (metropolitan cities and
urban counties) for post-disaster hazard mitigation and recovery following a presidential
declaration of a Major Disaster of Emergency. Funds can be used for activities such as
acquisition, rehabilitation or reconstruction of damaged properties and facilities and
redevelopment of disaster-affected areas. Funds may also be used for emergency
response activities, such as debris clearance and demolition and extraordinary increases
in the level of necessary public services. HUD provides funds for the CDBG and the
Division of Community Assistance administers the program in each state.
134
135
WILKES COUNTY
Hazard Mitigation Authorities, References, Research Documents
APPLICABLE ORDINANCES AND OR LOCAL CODES AND REGULATIONS:
157.009 REQUIRED IMPROVEMENTS, DEDICATION, RESERVATION AND MINIMUM
STANDARDS OF DESIGN
(A) Suitability of Land. Land which has been determined by the Planning and Zoning Commission
on the basis of engineering or other expert surveys to pose an ascertainable danger to life or
property by reason of its unsuitability for the use proposed, shall not be platted for that purpose
unless and until the subdivider has taken the necessary measures to correct said conditions and
to eliminate said dangers.
Areas that have been used for disposal of solid waste shall not be subdivided unless tests by the
Wilkes County Environmental Health Department, and any other agency as determined by the
Planning and Zoning Commission, certify that the land is suitable for the purpose proposed.
Lands which are subject to flooding, excessive erosion, or slides because of soil types or groups,
water courses and other drainageways, steep slopes, or other hazards shall not be platted for
residential or other uses in such a way as to present a danger to life, property, or to the public
health, safety or general welfare.
All proposed subdivisions shall be planned so as to facilitate the most advantageous
development of the entire neighboring area, including but not limited to road locations, utility
location, development of adjacent property, etc.
(C) Flood Damage Prevention. Lots that are subject to flooding shall not be established in
subdivisions for the purpose of creating building lots except as herein provided:
(1) If there is any water course of any type running through or within 150 feet of
the property proposed for subdivision, the prospective subdivider shall provide
136
evidence to the Planning and Zoning Commission that the lots within the
subdivision will not be flooded according to the maps according to the Flood
Insurance Rate Maps as distributed by the Federal Emergency Management
Agency (FEMA).
(2) The prospective subdivider shall make a determination of the crest elevation
of a flood of 100-year probable frequency in accordance with generally accepted
engineering practice. This determination must reflect the actual conditions
imposed by the completed subdivision, and must give due consideration to the
effects of urbanization and obstructions.
(3) No proposed building lot shown that is entirely subject to flooding shall be
approved.
(4) No proposed building lot that is partially subject to flooding shall be approved,
unless there is established on the lot plan a line representing a contour at an
elevation of two (2) feet above the 100 year flood. Such line shall be known and
identified on the lot plan or the "building restriction flood line".
All buildings or structures designed or intended for use shall be located on such a
lot so that the lowest usable and functional part of the structure shall not be
below the elevation of the building restriction flood line. Usable and functional
part of the structure is defined as being inclusive of living areas, basements,
sunken dens, utility rooms, attached carports and mechanical appurtenances
such as furnaces, air conditioners, water pumps, electrical conduits and wiring,
but shall not include water lines or sanitary sewer traps, piping and cleanouts
provided that the opening serving the structure are above the building restriction
flood line.
Where only a portion of a proposed building lot is subject to flooding, such a lot
may be approved only if there will be available for building, a usable lot area of
not less than 10,000 square feet. The usable lot area shall be determined by
deducting from the total lot area of the setback required by the Wilkes County
Zoning Ordinance or as provided in this chapter, and any remaining area of the
lot lying below the building restriction flood line.
(5) During the construction, preparation, arrangement, and installation of
subdivision improvements, and facilities in subdivisions located at or along a
streambed, the developer shall maintain the streambed of each stream, creek, or
backwash channel contiguous to the subdivision in an unobstructed state. The
developer shall also remove from the channel and banks of the stream, all
debris, logs, timber, junk and other accumulations of nature that would, in time of
flood, clog or dam the passage of waters in their downstream course. Installation
of appropriately sized storm water drains, culverts or bridges shall not be
construed as obstructions in the streams.
(D) Stormwater Drainage. The subdivider shall provide for adequate drainage of all surface water.
The purpose of the stormwater system is to control flooding and remove run-off from an area fast
enough to avoid unacceptable amounts of ponding, damage, or inconvenience. Points of
interception of runoff shall be frequent enough to avoid heavy concentrations in any one system
and to eliminate or minimize any flooding. Points of discharge shall be within the site unless
otherwise approved by the Planning and Zoning Commission. The subdivider shall provide
retention/detention devices as may be applicable. Surface drainage courses shall have side
slopes of at least three (3) feet of horizontal distance for each one (1) foot of vertical distance,
137
and shall be of sufficient size to accommodate run-off from the drainage area without flooding.
The minimum grade along the bottom of a surface drainage course shall be a vertical fall of at
least one (1) foot in each two hundred (200) feet of horizontal distance.
Wilkes County Zoning Ordinance:
§
APPLICATION FOR CONDITIONAL USE PERMIT.
154.200
(A) An application for a conditional use permit for PUD-H-C or PUD-I for a site shall be
accompanied by schematic plans showing:
(1) Proposed location of buildings and the general exterior property dimensions.
(2) Proposed use of all land within the area requested for PUD-H-C or PUD-I.
(3) Dimensions between all buildings and from buildings to property lines.
(4) Traffic, parking, loading and circulation plan, showing proposed locations and
arrangement of parking and loading spaces, and ingress and egress to and from
adjacent streets.
(5) Proposed location and material of any accessory buildings or structures, screening
walls, fences or plantings.
(6) Proposed exterior design of buildings.
(7) Proposed time schedule and staging, if any, for construction of project.
(8) If appropriate in view of location of the site, the plan shall also show the manner of
improving and maintaining in open use portions of the tract subject to periodic
inundation, and shall demonstrate that hazards or damage to other property will not
be created by any channeling, cutting, filling, bulkheading, or other treatment of
water flow from or past the site, by erosion from increased rate, volume, or reduction
of flow, by deposition of debris or other flood-borne materials from the site or as a
result of its development by excessive slopes remaining at the edge of cuts or fills by
damaging increases in the ground water level of surrounding property, or by other
actions in developing the tract and its ancillary facilities. If potential hazard or
damage might reasonably be expected from any of these causes, the plan shall
show how it is to be averted.
§
ESTABLISHMENT
154.230
This section shall govern the establishment of each and every new manufactured home
park and any addition or expansion of existing manufactured home parks lying within the
jurisdiction of this ordinance.
The regulations contained herein shall govern the approval, construction, and operation
of each and every new manufactured home park, the expansion of existing approved
manufactured home parks, and the expansion or reopening of parks existing before the
formal adoption of manufactured home park regulations in the county except that these
regulations shall not apply within the city limits or extraterritorial planning or zoning areas
of any city, town, or municipality within the county unless the city, town, or municipality
has formally adopted a motion that these regulations be enforced within their area of
jurisdiction and unless and until the Board of Commissioners has formally adopted a
motion that these regulations be enforced within the area of jurisdiction of the city, town,
or municipality making the request. Any such agreement between a city, town, or
municipality and the county may be repealed by either party upon written notification by
either party to the other. Such notice shall carry a minimum 90-day notice to the effective
138
date of the repeal unless otherwise agreed to by both parties.
The regulations for this section are designed to:
(a) Further the orderly layout of manufactured home parks;
(b) To help secure safety from fire, floods, panic, congestion and other dangers in
manufactured home parks;
(c) To provide for adequate light, air, and open space in manufactured home parks; and
(d) To ensure that facilities for transportation, parking, water, sewer, and recreation are
provided to residents of manufactured home parks.
§
COMPLIANCE.
154.231
(A) Subdivision regulations. Where a proposed manufactured home park is planned or
the expansion of an existing manufactured home park is planned and the property in
question meets the definition of a subdivision as contained in the subdivision regulations,
the subdivision regulations must be fully met before any action is taken on the proposed
manufactured home park plan.
(B) Other regulations. Before the Planning and Zoning Commission may give final
approval of a proposed manufactured home park plan or the expansion of an existing
manufactured home park, or an operating permit may be issued, the applicable
regulations of the following agencies must be met and official notification must be given
by an authorized agent of the agency to the Planning and Zoning Commission stating
that their agency has reviewed the proposal, that the plan meets their agency's
requirements, and that the park or phase of the park under consideration has been
constructed to meet these requirements:
(1) North Carolina Department of Transportation District Engineer as to street entrance
and intersection with a state maintained road.
(2) Health Department as to approval of all water and sewage systems and solid waste
collection.
(3) Building Inspector as to compliance with North Carolina State Building Code (all
applicable sections).
(4) Code Enforcement Officer as to compliance with local floodplain regulations.
(5) North Carolina Department of Natural Resources and Community Development as
to compliance with North Carolina soil erosion and sedimentation regulations where
applicable.
(6) Any other group that the County Planning and Zoning Commission may deem
relevant or necessary in order to properly evaluate a proposed plan.
§
FLOODPLAINS.
154.249
Proposed manufactured home parks shall comply with the applicable floodplain
regulations.
§
PRELIMINARY PLAN APPROVAL.
154.252
To acquire preliminary approval for a proposed manufactured home park, the park
developer must submit 10 copies of the plan. The following provisions shall be complied
with before preliminary approval may be granted by the Planning and Zoning
Commission:
(A) Agency review. The following agencies shall review the preliminary plan and shall
certify to the Administrator that the proposed design meets their agency's requirements
before preliminary approval may be granted:
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collection.
applicable.
(6) Any other agency that the County Planning and Zoning Commission may deem
§
FINAL PLAN APPROVAL.
154.255
To acquire final plan approval for a manufactured home park, the developer must submit
10 copies of the plan.
(A) Agency review. The following agencies shall review the final plan and shall certify to
the Administrator that the actual installation of the required improvements of this chapter
are physically in place and that they meet the requirements of these respective agencies:
collection.
applicable.
(6) Any other agency that the County Planning and Zoning Commission may deem
Wilkes County Water Shed Protection
151.017 SUBDIVISION STANDARDS AND REQUIRED IMPROVEMENTS.
(A) Minimum building space. All lots shall provide adequate building space in
accordance with the development standards contained in ordinance. Lots which
are smaller than the minimum required shall be identified on the plat and the
purpose of all such small lots shall be clearly stated on the plat and approved by
the Watershed Review Board.
(B) Project area calculation. For the purpose of calculating built-upon area, the
total project area shall include total acreage in the tract on which the project is to
be developed.
(C) Storm water drainage facilities. The application shall be accompanied by a
description of the proposed method of providing storm water drainage. The
subdivider shall provide a drainage system that diverts stormwater runoff away
from surface waters and incorporates best management practices to minimize
water quality impacts.
(D) Erosion and sedimentation control. The application shall, where required, be
accompanied by a written statement that a sedimentation and erosion control
plan has been submitted to and approved by the state Division of Land Quality.
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(E) Roads constructed in critical areas and watershed buffer areas. Where
possible, roads should be located outside of critical areas and watershed buffer
areas. Roads constructed within these areas shall be designed and constructed
so to minimize their impact on water quality.
(F) Flood zones indicated. If any area of the development is within a flood zone
as shown on the county flood insurance rate maps. The flood zone shall also be
indicated on the subdivision plat submitted. (Ord. passed 12-6-93)
WILKES COUNTY
CHAPTER 159: FLOOD DAMAGE PREVENTION
(Ordinance passed 5-1-95)
General Provisions
159.01 Statutory authorization
159.02 Findings of fact
159.03 Purpose
159.04
159.05 Definitions
159.06 Interpretation
159.07 Application of provisions
159.08 Compliance
159.09 Basis for establishing areas of special flood hazard
159.10 Warning and disclaimer of liability
159.11 Abrogation and greater restrictions
Development Permits and Certification Requirements
159.20 Development permit required
159.21 Application for development permit
Flood Hazard Reduction
159.30 General standards
159.31 Specific standards
159.32 Standards for streams without established base flood elevations and/or floodways
159.33
159.34 Standards for areas of shallow flooding (AO Zones)
Administration; Legal Status Provisions
159.45 Designation of local administrator
159.46 Duties and responsibilities of the local administrator
159.47 Administrative procedures
159.48 Variance procedures
159.49 Effect on rights and liabilities under existing flood damage prevention ordinance
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159.50 Effect upon outstanding building permits
159.99 Penalty
Wilkes County – Land Usage
GENERAL PROVISIONS
§
STATUTORY AUTHORIZATION.
159.01
The Legislature of the state has in G.S. Ch. 143, Art. 21, Part 6, Ch. 153A, Art. 18, Parts
3 and 4 and Ch. 153A, Article 6, delegated the responsibility to local governmental units
to adopt regulations designed to promote the public health, safety and general welfare of
its citizenry. Therefore, the Board of Commissioners does ordain the following.
§
FINDINGS OF FACT.
159.02
(A) The flood hazard areas of the county are subject to periodic inundation which results
in loss of life, property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures of flood protection and relief
and impairment of the tax base, all of which adversely affect the public health, safety and
general welfare.
(B) These flood losses are caused by the cumulative effect of obstructions in floodplains
causing increases in flood heights and velocities, and by the occupancy in flood hazard
areas by uses vulnerable to floods or hazardous to other lands which are inadequately
elevated, floodproofed or otherwise unprotected from flood damages.
§
PURPOSE
159.03
It is the purpose of this chapter to promote the public health, safety and general welfare
and to minimize public and private losses due to flood conditions in specific areas by
provisions designed to:
(A) Restrict or prohibit uses which are dangerous to health, safety and property due to
water or erosion hazards, or which result in damaging increases in erosion or in flood
heights or velocities;
(B) Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(C) Control the alteration of natural floodplains, stream channels and natural protective
barriers which are involved in the accommodation of flood waters;
(D) Control filling, grading, dredging and other development which may increase erosion
or flood damage; and
(E) Prevent or regulate the construction of flood barriers which will unnaturally divert flood
waters or which may increase flood hazards to other lands.
§
DEFINITIONS.
159.05
142
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE. Structures which are located on the same parcel of
property as the principal structure and the use of which is incidental to the use of the
principal structure. Garages, carports and storage sheds are common urban accessory
structures. Pole barns, hay sheds and the like qualify as accessory structures on farms,
and may or may not be located on the same parcel as the farm dwelling or shop building.
ADDITION (TO AN EXISTING BUILDING) An extension or increase in the floor area or
height of a building or structure. Additions to existing buildings shall comply with the
requirements for new construction, unless the addition, renovation or reconstruction to
any building, that was constructed prior to the initial flood insurance study for that area,
and the addition, renovation or reconstruction does not equal 50% of the present market
value of the structure. Where a fire wall is provided between the addition and the existing
building, the additions shall be considered a separate building and must comply with the
standards for new construction.
APPEAL A request from a review of the local administrator’s interpretation of any
provision of this chapter.
AREA OF SHALLOW FLOODING. A designated AO or VO Zone on a community’s
Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet 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. The land in the floodplain within a community
subject to a 1% or greater chance of being flooded in any given year.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given
year.
BASEMENT. That lowest level or story which has its floor subgrade on all sides.
BREAKAWAY WALL. A wall that is not part of the structural support of the building and
is intended through its design and construction to collapse under specific lateral loading
forces without causing damage to the elevated portion of the building or the supporting
foundation system. A breakaway wall shall have a design safe loading resistance of not
less than ten and no more than 20 pounds per square foot. A wall with loading resistance
of more than 20 pounds per square foot requires a professional engineer or architect’s
certificate.
BUILDING. Any structure built for support, shelter or enclosure for any occupancy or
storage.
DEVELOPMENT. 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.
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ELEVATED BUILDING. A non-basement building built, in the case of a building in Zones
A1-A30, AE, A, A99, A0, AH, B, C or X to have the top of the elevated floor, above the
ground by means of pilings, columns (posts and piers), shear walls parallel to the flow of
water and adequately anchored so as not to impair the structural integrity of the building
during a flood up to the magnitude of the base flood. In the case of Zones A1-A30, AE,
A, A99, A0, AH, B, C and X, ELEVATED BUILDING also includes a building elevated by
means of fill or solid foundation perimeter walls with openings sufficient to facilitate the
unimpeded movement of flood waters.
EXISTING MANUFACTURED HOME PARK or MANUFACTURED HOME
SUBDIVISION. 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 the installation of utilities, the construction of streets and either final site
grading or the pouring of concrete slabs).
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION.
The preparation of the additional sites by the construction of facilities for servicing the lots
on which the manufactured homes are to be affixed (including the installation of utilities,
the construction of streets and either final site grading or the pouring of concrete slabs).
FLOOD or FLOODING. A general and temporary condition of partial or complete
inundation of normally dry land area from:
(1) The overflow of inland or tidal waters; and
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by
the Federal Emergency Management Agency, where the boundaries of the areas of
special flood hazard have been defined as Zone A.
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which the
Federal Emergency Management Agency has delineated both the areas of special flood
hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, as well as the Flood boundary
Floodway Map and the water surface elevation of the base flood.
FLOODWAY. 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 foot.
FLOOR. The top surface of an enclosed area in a building (including basement), for
example, top of slab in concrete slab construction or top of wood flooring in wood frame
construction. The term does not include the floor of a garage used solely for parking
vehicles.
FUNCTIONNALY DEPENDENT FACILITY. A facility which cannot be used for its
intended purpose unless it is located or carried out in close proximity to water, such as a
docking or port facility necessary for the loading and unloading of cargo or passengers,
shipbuilding, ship repair or seafood processing facilities. The term does not include longterm storage, manufacture, sales or service facilities.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface,
prior to construction, next to the proposed walls of the structure.
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HISTORIC STRUCTURE. Any structure that is:
(1) 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 of individual listing on the Natural Register;
(2) 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;]
(3) Individually listed on a state inventory of historic places; and
(4) Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified by an approved state program
as determined by the Secretary of Interior, or directly by the Secretary of Interior in
states without approved programs.
LEVEE. A man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control or divert
the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM. A flood protection system which consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and
operated in accordance with sound engineering practices.
LOWEST FLOOR. 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 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 chapter.
MANUFACTURED HOME. 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. A parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL. The average height of the sea for all stages of the tide. It is used
as a reference for establishing varying elevations within the floodplain.
NATIONAL GEODETIC VERTICAL DATUM (NGVD). As corrected in 1929 is a vertical
control used as a reference for establishing varying elevations within the floodplain.
NEW CONSTRUCTION. Structures for which the “start of construction” commenced on
or after the effective date of this chapter and includes any subsequent improvements to
such structures.
NEW MANUFACTURED HOME PARK ORDINANCE. 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 slabs) is
completed on or after November 20, 1989.
NONCONFORMING BUILDING OR USE. Any legally existing building or use which fails
to comply with the provisions of the chapter.
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RECREATIONAL VEHICLE. A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal
projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling, but as temporary living
quarters for recreational, camping, travel or seasonal use.
REFERENCE FEATURE. The receding edge of a bluff or eroding frontal dune or, if such
a feature is not present, the normal highwater line or the seaward line of permanent
vegetation if high-water line cannot be identified.
REMEDY A VIOLATION. To bring the structure or other development into compliance
with state or local 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 chapter or otherwise deterring future similar violations, or
reducing federal financial exposure with regard to the structure or other development.
START OF CONSTRUCTION. (For other than new construction or substantial
improvements under the Coastal Barrier Resources Act (P.L. 97-348)), includes
substantial improvement, and means the date the building permit was issued, provided
the actual start of construction, repair, reconstruction, rehabilitation, addition or
improvement was within 180 days of the permit date. The actual start means the first
placement of permanent construction of a structure (including a manufactured home) on
a site, such as pouring of slabs or footings, installation of piles, 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 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. For floodplain management purposes, a walled and roofed building, a
manufactured home, including a gas or liquid storage tank, or other man-made facilities
or infrastructures that are principally above ground.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed
50% of the market value of the structure before the damage occurred. See definition of
SUBSTANTIAL IMPROVEMENT.
SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, addition or
other improvement of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the “start of construction” of the improvement. This term
includes structures which have incurred “substantial damage”, regardless of the actual
repair work performed. The term does not, however, include either:
(1) Any project of improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions; or
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(2) Any alteration of a historic structure, provided that the alteration will not preclude
the structure’s continued designation as a historic structure.
SUBSTANTIALLY IMPROVED EXISTING MANUFACTURED HOME PARK OR
SUBDIVISION. Where the repair, reconstruction, rehabilitation or improvement of the
streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and
pads before the repair, reconstruction or improvement commenced.
VARIANCE. A grant of relief to a person from the requirements of this chapter which
permits construction in a manner otherwise prohibited by this chapter where specific
enforcement would result in unnecessary hardship.
VIOLATION. The failure of a structure or other development to be fully complaint with the
community’s floodplain management regulations. A structure or other development
without the §§ 159.30 through 159.34 and §§ 159.45 through 159.48 is presumed to be in
violation until such time as that documentation is provided.
§
INTERPRETATION.
159.06
In the interpretation and application of this chapter 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.
§
APPLICATION OF PROVISIONS.
159.07
This chapter shall apply to all areas of special flood hazard within the jurisdiction of the
county.
§
COMPLIANCE.
159.08
No structure or land shall hereafter be located, extended, converted or structurally altered
without full compliance with the terms of this chapter and other applicable regulations.
Penalty, see § 159.99
§
BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD.
159.09
The areas of special flood hazard identified by the Federal Emergency Management
Agency in its flood insurance study, dated February 1, 1991 with accompanying maps
and other supporting data, and any revision thereto are adopted by reference and
declared to be a part of this chapter.
§
WARNING AND DISCLAIMER OF LIABILITY.
159.10
The degree of flood protection required by this chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering consideration. Larger
floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of
special flood hazard or uses permitted within such areas will be free from flooding or flood
damages. This chapter shall not create liability on the part of the county or by any officer
or employee thereof for any flood damages that result from reliance on this chapter or
any administrative decision lawfully made hereunder.
§
ABROGATION AND GREATER RESTRICTIONS.
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159.11
This chapter is not intended to repeal, abrogate or impair any existing easements,
covenants or deed restrictions. However, where this chapter and another conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
DEVELOPMENT PERMITS AND CERTIFICATION REQUIREMENTS
DEVELOPMENT PERMIT REQUIRED.
§
159.20
A development permit shall be required in conformance with the provisions of this
chapter prior to the commencement of any development activities. Penalty, see §
159.99
APPLICATION FOR DEVELOPMENT PERMIT.
§
159.21
Application for a development permit shall be made to the local administrator on forms
furnished by him or her prior to any development activities. The development permit may
include, but not be limited to, plans in duplicate drawn to scale showing; the nature,
location, dimensions and elevations of the area in question; existing or proposed
structures; and the location of fill materials, storage areas, and drainage facilities.
Specifically, the following information is required:
(A) A plot plan that shows the 100-year floodplain contour or a statement that the entire
lot is within the floodplain must be provided by the development permit applicant when
the lot is within or appears to be within the floodplain as mapped by the Federal
Emergency Management Agency or the floodplain identified pursuant to either §
159.46((J) or §§ 159.32 and 159.33. The plot plan must be prepared by or under the
direct supervision of a registered land surveyor or professional engineer and certified by
same.
(B) The plot plan required by § 159.21(A) must show the floodway, if any, as identified by
the Federal Emergency Management Agency or the floodway identified pursuant to either
§ 159.46(J) or § 159.32.
(C) Where base flood elevation data is provided as set forth in § 159.09 or § 159.46(J),
the application for a development permit within the flood hazard area shall show:
(1) The elevation (in relation to mean sea level) of the lowest floor (including
basement) of all new and substantially improved structures, and
(2) If the structure has been floodproofed in accordance with § 159.31(B), the
elevation (in relation to mean sea level) to which the structure was floodproofed.
(D) Where the base flood elevation data is not provided, the application for a
development permit must show construction of the lowest floor at least two feet above the
highest adjacent grade.
(E) Where any watercourse will be altered or relocated as a result of proposed
development, the application for a development permit shall include: a description of the
extent of watercourse alteration or relocation; 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 showing the location of
the proposed watercourse alteration or relocation.
(F) When a structure is floodproofed, the applicant shall provide a certificate from a
registered professional engineer or architect that the non-residential floodproofed
structure meets the floodproofing criteria in § 159.31(B).
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(G) A floor elevation certification is required after the lowest floor is completed. Within 21
calendar days of establishment of the lowest floor elevation, or floodproofing by whatever
construction means, whichever is applicable, it shall be the duty of the permit holder to
submit to the local administrator a certification of the elevation of the lowest floor, or
floodproofed elevation, whichever is applicable, as built, in relation to mean sea level.
The certification shall be prepared by or under the direct supervision of a registered land
surveyor or professional engineer and certified by same. When flood-proofing is utilized
for a particular building, the certification shall be prepared by or under the direct
supervision of a professional engineer or architect and certified by same. Any work done
within the 21-day calendar period and prior to submission of the certification shall be at
the permit holder’s risk. The local administrator shall review the floor elevation survey
data submitted. Deficiencies detected by such review shall be corrected by the permit
holder immediately and prior to further progressive work being permitted to proceed.
Failure to submit the survey or failure to make the corrections required hereby shall be
cause to issue a stop-work order for the project.
FLOOD HAZARD REDUCTION
GENERAL STANDARDS.
§
159.30
In all areas of special flood hazard the following provisions are required:
(A) All new construction and substantial improvements shall be anchored to prevent
flotation, collapse or lateral movement of the structure;
(B) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage;
(C) All new construction or substantial improvements shall be constructed by methods
and practiced that minimize flood damage;
(D) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other
service facilities shall be desired and/or located so as to prevent water from entering
or accumulating within the components during conditions of flooding;
(E) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
(F) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharges from the systems
into flood waters;
(G) On-site waste disposal systems shall be located and constructed to avoid impairment
to them or contamination from them during flooding; and
(H) Any alteration, repair, reconstruction or improvements to a structure which is in
compliance with the provisions of this chapter, shall meet the requirements of “new
construction” as contained in this chapter.
(I ) Nonconforming building or uses. Nonconforming buildings or uses may not be
enlarged, replaced or rebuilt unless such enlargement or reconstruction is
accomplished in conformance with the provisions of this chapter. Provided, however,
nothing in this chapter shall prevent the repair, reconstruction or replacement of a
building or structure existing on the effective date of this chapter and located totally or
partially within the Floodway Zone; provided that the bulk of the building or structure
below base flood elevation in the Floodway Zone is not increased and provided that
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such repair, reconstruction or replacement meets all of the other requirements of this
chapter.
§
SPECIFIC STANDARDS.
159.31
In all areas of special flood hazard where base flood elevation data has been provided,
as set forth in § 159.09 or § 159.46(J), the following provisions are required:
(A) Residential construction. New construction or substantial improvement of any
residential structure (including manufactured homes) shall have the lowest floor, including
basement, elevated no lower than two feet above the base flood elevation. Should solid
foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate
the unimpeded movements of flood waters shall be provided.
(B) Non-residential construction. New construction or substantial improvement of any
commercial, industrial or non-residential structure (including manufactured homes) shall
have the lowest floor, including basement, elevated no lower than two feet above the
level of the base flood elevation. Structures located in A-Zones may be floodproofed in
lieu of elevation provided that all areas of the structure below the required elevation are
watertight with walls substantially impermeable to the passage of water, using structural
components having the capability of resisting hydrostatic and hydrodynamic loads and
the effect of buoyancy. A registered professional engineer or architect shall certify that
the standards of this division are satisfied. Such certification shall be provided to the
official as set forth in § 159.21(G).
(C) Manufactured homes.
(1) Manufactured homes that are placed or substantially improved on sites outside a
manufactured home park or subdivision; in a new manufactured home park or
subdivision; in an expansion on which a manufactured home has incurred
“substantial damage” as the result of a flood, must be elevated on a permanent
foundation such that the lowest floor of the manufactured home is elevated no lower
than two feet above the base flood elevation and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse and lateral
movement.
(2) Manufactured homes that are to be placed or substantially improved on sites in an
existing manufactured home park or subdivision that are not subject to the provisions
of division (C)(1) of this section must be elevated so that the lowest floor of the
manufactured home is elevated no lower than two feet above the base flood
elevation, and be securely anchored to an adequately anchored foundation to resist
flotation, collapse and lateral movement.
(3) Manufactured homes shall be anchored to prevent flotation, collapse or lateral
movement. For the purpose of this requirement, manufactured homes must be
anchored to resist flotation, collapse or later movement in accordance with the
Regulations for Mobile Homes and Modular Housing adopted by the Commissioner of
Insurance pursuant to G.S. § 143-143.15. Additionally, when the elevation would be
met by an elevation of the chassis at least 36 inches or less above the grade at the
sight, the chassis shall be supported by reinforced piers or other foundation elements
of at least equivalent strength. When the elevation of the chassis is above 36 inches
in height an engineering certification is required.
(4) An evacuation plan must be developed for evacuation of all residents of all new,
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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 local administrator and the local emergency management
coordinator.
(D) Recreational vehicles. A recreational vehicle is ready for highway use if it is on
wheels or jacking system, is attached to the site only by quick disconnect type utilities
and security devices, and has no permanently attached additions. Recreation vehicles
placed on sites shall either:
(1) Be on site for fewer than 180 consecutive days and be fully licensed and ready for
highway use; or
(2) Meet the requirements of § 159.09 and 159.30 and 159.32(C).
(E) Elevated buildings. New construction or substantial improvements of elevated
buildings that include fully enclosed areas that are usable solely for the parking of
vehicles, building access or storage in an area other than a basement and which are
subject to flooding shall be designed to preclude finished living space and be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry
and exit of floodwaters.
(1) Designs for complying with this requirement must either be certified by a professional
engineer or architect or meet the following minimum criteria:
(a) Provide a minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding;
(b) The bottom of all opening shall be no higher than one foot above grade; and
(c) Openings may be equipped with screens, louvers, valves or other covering or
devices provided they permit the automatic flow of floodwaters in both directions.
(2) Access to the enclosed area shall be the minimum necessary to allow for parking of
vehicles (garage door) or limited storage of maintenance equipment used in
connection with the premises (standard exterior door) or entry to the living area
(stairway or elevator).
(3) The interior portion of such enclosed area shall not be partitioned or finished into
separate rooms, except to enclose storage areas.
(F) Temporary structures. Prior to the issuance of a development permit, for a temporary
structure, the following requirements must be met:
(1) All applicants must submit to the local administrator prior to the issuance of the
development permit a plan for the removal of such structures in the event of a
hurricane or flash flood warning notification. The plan must include the following
information:
(a) A specified time period for which the temporary use will be permitted;
(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 (for
example, minimum of 72 hours before landfall of a hurricane or immediately upon
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flood warning notification);
(d) A copy of the contract or other suitable instrument with a trucking company to
insure the availability of removal equipment when needed; and
(e) Designation, accompanied by documentation, of a location outside the floodplain
to which the temporary structure will be moved.
(2) The above information shall be submitted in writing to the local administrator for
review and written approval.
(G) Accessory structure. When accessory structures (sheds, detached garages, and the
like) with a value of $3,000 or less, are to be placed in the floodplain the following criteria
shall be met:
(1) Accessory structures shall not be used for human habitation (including work,
sleeping, living, cooking or restroom areas);
(2) Accessory structures shall be designed to have low flood damage potential;
(3) Accessory structures shall be constructed and placed on the building site so as to
offer the minimum resistance to the flow of floodwaters;
(4) Accessory structures shall be firmly anchored in accordance with § 159.30(A).
(5) Service facilities such as electrical and heating equipment shall be installed in
accordance with § 159.30(D); and
(6) Openings to relieve hydrostatic pressure during a flood shall be provided below base
flood elevation in conformance with § 159.31(E).
(H) Floodways. Located within areas of special flood hazard established in § 159.09, are
areas designated as floodways. The floodway is an extremely hazardous area due to
velocity of flood waters which carry debris and potential projectiles and has erosion
potential. The following provisions shall apply within such areas:
(1) No encroachments, including fill, new construction, substantial improvements and
other developments shall be permitted unless it has been demonstrated through
hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that the proposed encroachment would not result in any
increase in the flood levels during the occurrence of the base flood. Such certification
and technical data shall be presented to the local administrator.
(2) If § 159.31(H)(1) is satisfied, all new construction, substantial improvements shall
comply with all applicable flood hazard reduction provisions of §§ 159.30 through
159.34.
(3) No manufactured homes shall be permitted, except in an existing manufactured
home park or subdivision. A replacement manufactured home may be placed on a
lot in an existing manufactured home park or subdivision provided the anchoring and
the elevation standards of division (C) of this section are met.
§
STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATION
159.32 AND/OR FLOODWAYS.
152
Located within the areas of special flood hazard established in § 159.09, are small
streams where no base flood data has been provided or where no floodways have been
identified. The following provisions apply within such areas:
(A) No encroachments, including fill, new construction, substantial improvements or new
development shall be permitted within a distance of the stream bank equal to the setback
established by the Coastal Area Management Act (CAMA) regulations. Where no
setback is established by CAMA regulations, the area of no encroachment shall be 20
feet each side from top of bank, 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.
(B) If division (A) of this section is satisfied and base flood elevation data is
available from other sources, all new construction and substantial improvements
within such areas shall comply with all applicable flood hazard ordinance
provisions of § 159.30 through 159.34 and shall be elevated or floodproofed in
accordance with elevations established in accordance with § 159.46(J). When base
flood elevation data is not available from a federal, state or other source, the
lowest floor, including basement, shall be elevated at least two feet above the
§
STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES).
159.34
Located within the areas of special flood hazard established in § 159.09, are areas
designated as shallow flooding. These areas have special flood hazards associated with
base flood depths of one to three feet where a clearly defined channel does not exist and
where the path of flooding is unpredictable and indeterminate. The following provisions
shall apply within such areas:
(A) All new construction and substantial improvements of residential structures shall have
the lowest floor, including basement, elevated to the depth number specified on the Flood
Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is
specified, the lowest floor, including basement, shall be elevated at least two feet above
the highest adjacent grade.
(B) All new construction and substantial improvements of non-residential structures shall:
(1) Have the lowest floor, including basement, elevated to the depth number specified on
the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no depth
number is specified, the lowest floor, including basement, shall be elevated at least
two feet above the highest adjacent grade; or
(2) Be completely floodproofed together with attendant utility and sanitary facilities to or
above that level so that any space below that level is 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.
ADMINISTRATION; LEGAL STATUS PROVISIONS
DESIGNATION OF LOCAL ADMINISTRATOR.
§
159.45
153
The County Planner (local administrator) is hereby appointed to administer and
implement the provisions of this chapter.
§
DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR.
159.46
Duties of the local administrator shall include, but not limited to:
(A) Review all development permits to assure that the requirements of this chapter have
been satisfied.
(B) Advise permittee that additional federal or state permits may be required, and if
specific federal or state permits are known, require that copies of such permits be
provided and maintained on file with the development permit.
(C) 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.
(D) Assure that maintenance is provided within the altered or relocated portion of the
watercourse so that the flood-carrying capacity is not diminished.
(E) Prevent encroachments within floodways unless the certification and flood hazard
reduction provisions of § 159.30 through 159.34 are met.
(F) Obtain actual elevation (in relation to mean sea level) of the lowest floor (including
basement) of all new or substantially improved structures, in accordance with §
159.21(G).
(G) Obtain the actual elevation (in relation to mean sea level) to which the new or
substantially improved structures have been floodproofed, in accordance with §
159.21(G).
(H) When floodproofing is utilized for a particular structure, obtain certifications from a
registered professional engineer or architect in accordance with § 159.31(B).
(I) Where interpretation is needed as to the exact location of boundaries of the areas of
special flood hazard (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 the subchapter.
(J) When base flood elevation data or floodway data has not been provided in
accordance with § 159.09, obtain, review and reasonably utilize any base flood elevation
data and floodway data available from a federal, state or other source, including data
developed pursuant to § 159.33(D), in order to administer the provisions of this chapter.
(K) When the exact location of boundaries of the areas special flood hazards conflict with
the current, natural topography information at the site the property owner may apply and
be approved for a Letter of Map Amendment (LOMA) by FEMA. A copy of the Letter of
Map Amendment issued from FEMA will be maintained by the local administrator in the
permit file.
(L) Make on-site inspections of projects in accordance with § 159.47.
(M) Serve notices of violations, issue stop-work orders, revoke permits and take
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corrective actions in accordance with § 159.47.
(N) Maintain all records pertaining to the administration of this chapter and make these
records available for public inspection.
§
ADMINISTRATIVE PROCEDURES.
159.47
(A) Inspections of work in progress. As the work pursuant to a permit progresses, the
local 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 administrator has a right, upon
presentation of proper credentials, to enter on any premises within the territorial
jurisdiction at any reasonable hour for the purposes of inspection or other enforcement
action.
(B) Stop-work orders. Whenever a building or part thereof is being constructed,
reconstructed, altered or repaired in violation of this chapter, the administrator may order
the work to be immediately stopped. The stop-work order shall be in writing and directed
to the person doing the work. The stop-work order shall state the specific work to be
stopped, the specific reasons for the stoppage, and the conditions under which the work
may be resumed. Violation of a stop-work order constitutes a misdemeanor.
(C) Revocation of permits. The local administrator may revoke and require the return of
the development permit by notifying the permit holder in writing stating the reason for the
revocation. Permits shall be revoked for any substantial departure from the approved
application, plans or 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 permit mistakenly issued in violation of an applicable state or local law may
also be revoked.
(D) Periodic inspections. The local administrator and each member of his 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.
(E) Violations to be corrected. When the local administrator finds violations of applicable
state and local laws, it shall be his 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 in the property he owns.
(F) 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 administrator shall give him written
notice, by certified or registered mail to his last known address or by personal service:
(1) That the building or property is in violation of the flood damage prevention ordinance;
(2) That a hearing will be held before the local administrator at a designated place and
time, not later than ten 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
(3) That following the hearing, the local administrator may issue such order to
alter, vacate or demolish the building; or to remove fill as appears appropriate.
(G) Order to take corrective action. If, upon a hearing held pursuant to the notice
prescribed above, the administrator shall find that the building or development is in
155
violation of the flood damage prevention ordinance, he shall make an order in writing to
the owner, requiring the owner to remedy the violation within such period, not less than
60 days, the administrator may prescribe; provided, that where the administrator finds
that there is imminent danger to life or other property, he may order that corrective action
be taken in such lesser period as may be feasible.
(H) Appeal. Any owner who has received an order to take corrective action may appeal
from the order to the local elected governing body by giving notice of appeal in writing to
the administrator and the clerk within ten days following issuance of the final order. In the
absence of an appeal, the order of the 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
(I) Failure to comply with order. If the owner of a building or property fails to comply with
an order to take corrective action from which no appeal has been taken, or fails to comply
with an order of the governing body following an appeal, he shall be guilty of a
misdemeanor and shall be punished in the discretion of the court.
§
VARIANCE PROCEDURES.
159.48
(A) The Planning Board (appeal board) as established by the county shall hear and
decide requests for variances from the requirements of this chapter.
(B) Any person aggrieved by the decision of the appeal board or any taxpayer may
appeal such decision to the court, as provided in G.S. Ch. 7A.
(C) Variances may be issued for the repair of 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 the variance is the minimum necessary
to preserve the historic character and design of the structure
(D) In passing upon such applications, the appeal board shall consider all technical
evaluations, all relevant factors, all standards specified in other sections of this chapter,
and:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the community;
(5) The necessity to the facility of a waterfront location, where applicable;
(6) The availability of alternative locations, not subject to flooding or erosion damage, for
the proposed use;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
156
(9) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(10)The expected heights, velocity, duration, rate of rise and sediment transport of
the flood waters and the effects of wave action, if applicable, expected at the
site; and
(11)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 watt systems, and streets and bridges.
(E) The findings listed above shall be submitted to the appeal board in writing, and
included in the application for a variance.
(F) Upon consideration of the factors listed above and the purposes of this chapter, the
appeal board may attach such conditions to the granting of variances as it deems
necessary to further the purposes of this chapter.
(G) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(H) Conditions for variances:
(1) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(2) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(3) Variances shall only be issued upon a showing of good and sufficient cause; a
determination that failure to grant the variance would result in exceptional hardship;
and a determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisance, cause fraud on or victimization of the public, or conflict with existing local
laws or ordinances.
(4) Any applicant to whom a variance is granted shall be given written notice specifying
the difference between the base flood elevation and the elevation to which the
structure is to be built and a written statement that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduce lowest floor
elevation. Such notification shall be maintained with a record of all variance actions.
(5) The local administrator shall maintain the records of all appeal actions and report any
variances to the Federal Emergency Management Agency upon request.
§
EFFECT ON RIGHTS AND LIABILITIES UNDER EXISTING FLOOD DAMAGE
159.49 PREVENTION ORDINANCE.
This chapter in part comes forward by re-enactment of some of the provisions of the flood
damage prevention ordinance enacted May 1, 1995, as amended, and it is not the
intention to repeal but rather to re-enact and continue to enforce without interruption of
such existing provisions, so that all rights and liabilities that have accrued thereunder are
reserved and may be enforced. The enactment of this chapter shall not affect any action,
suit or proceeding instituted or pending. All provisions of the flood damage prevention
ordinance of the county enacted on May 1, 1995, as amended, which are not re-enacted
herein are repealed. (Ord. passed 5-1-96)
157
§
EFFECT UPON OUTSTANDING BUILDING PERMITS.
159.50
Nothing herein contained shall require any change in the plans, construction, size or
designated use of any building, structure or part thereof for which a building permit has
been granted by the Chief Building Inspector or his authorized agents before the time of
passage of this chapter; provided, however, that when construction is not begun under
such outstanding permit within a period of 60 days subsequent to passage of this
chapter, construction or use shall be in conformity with the provisions of this chapter.
§
PENALTY.
159.99
Violation of the provisions of this chapter 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 chapter or fails to comply with any of its requirements shall, upon conviction thereof,
be fined not more than $50 or imprisoned for not more than 30 days, or both. Each day a
violation continues shall be considered a separate offense. Nothing herein contained
shall prevent the county from taking such other lawful action as is necessary to prevent or
remedy any violation.
**End Flood Plain Management section ***
APPLICABLE NORTH CAROLINA ADMINISTRATIVE CODE:
Classifications and Water Quality Standards Applicable to the Surface Waters and
Wetlands
August 2, 2000
15A NCAC 02B.243 (3)
Applicability: This rule shall apply to a 50-foot wide riparian buffer directly adjacent to surface
waters along the Catawba River mainstem below Lake James and along mainstem lakes in the
Catawba River Basin, excluding wetlands. Wetlands adjacent to surface waters or within 50 feet
of surface waters shall be considered as part of the riparian buffer but are regulated pursuant to
15A NCAC 02H.0506. The riparian buffers protected by this rule shall be measured pursuant to
Item (4) of this Rule. Riparian buffers adjacent to surface waters of the Catawba River mainstem
below Lake James and mainstem lakes shall be subject to this Rule unless one of the following
applies.
(a) EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING. This Rule shall
not apply to portions of the
riparian buffer where a use is existing and ongoing according to the following:
(i) A use shall be considered existing if it was present within the riparian buffer as of June
30, 2001. Existing
uses shall include, but not be limited to, agriculture, buildings, industrial facilities,
commercial areas,
transportation facilities, maintained lawns, utility lines and on-site sanitary sewage systems.
Only the portion
of the riparian buffer that contains the footprint of the existing use is exempt from this Rule.
Change of
ownership through legal purchase or inheritance is not considered a change of use.
Activities necessary to
maintain uses are allowed provided that the site remains similarly vegetated, no impervious
surface is added
within 50 feet of the surface water where it did not previously exist as of the effective date of
the Rule, and
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existing diffuse flow is maintained. Grading and revegetating Zone 2 is allowed provided
that the health of the
vegetation in Zone 1 is not compromised, the ground is stabilized and existing diffuse flow is
maintained.
(ii) A use shall be considered as existing if projects or proposed development at a minimum
have been
determined by the Division or the appropriate local government with approved riparian
buffer ordinance to meet
at least one of the following criteria:
(A) Project requires a 401 Certification/404 Permit and these were issued prior to June
30, 2001;
(B) Projects that require a state permit, such as landfills, NPDES wastewater
discharges, land application of
residuals and road construction activities, have begun construction or are under
contract to begin
construction and have received all required state permits prior to June 30, 2001;
(C) Projects that have been determined to have a Vested Right by the NC Attorney
General's Office; or,
(D) Projects that have established a Vested Right under North Carolina zoning law as
of June 30, 2001.
(b) LOCAL GOVERNMENTS THAT HAVE APPROVED RIPARIAN BUFFER ORDINANCES. All
local governments that have land use authority along the Catawba River mainstem below Lake
James and along mainstem lakes in the Catawba River Basin may adopt local riparian buffer
ordinances to protect water quality. The Division shall approve the local riparian buffer ordinance
within 30 days after receiving the request from local governments, if the Division determines that
the local riparian buffer ordinance provides equal to or greater water quality protection than this
Rule. This Rule shall not apply in any area where a local government has obtained the Division’s
approval of the local riparian buffer ordinance, provided that the local government is implementing
and enforcing the approved local riparian buffer ordinance. The Division, upon determination that
the local government is failing to implement or enforce the approved local buffer ordinance, shall
notify the local government in writing of the local program inadequacies. If the local government
has not corrected the deficiencies within 90 days of receipt of written notification, then the
Division shall implement and enforce the provisions of this Rule.
The entire section 15A NCAC 02B.243 can be found here.
CHAPTER 160A.
§ 160A-364. Procedure for adopting or amending ordinances under Article.
Before adopting or amending any ordinance authorized by this Article, the city council shall hold a
public hearing on it. A notice of the public hearing shall be given once a week for two successive
calendar weeks in a newspaper having general circulation in the area. The notice shall be
published the first time not less than 10 days nor more than 25 days before the date fixed for the
hearing. In computing such period, the day of publication is not to be included but the day of the
hearing
shall be included. (1923, c. 250, s. 4; C.S., s. 2776(u); 1927, c. 90; 1955, c. 1334, s. 1; 1971, c.
698, s. 1; 1973, c. 426, s. 58; 1977, c. 912, s. 5; 1979, 2nd Sess., c. 1247, s. 36; 1981, c. 891, s.
1.)
CHAPTER 162B. Continuity of Local Government in Emergency.
Article 1.
In General.
§ 162B-1. Designated emergency location of government.
The governing body of each political subdivision of this State is hereby authorized to designate by
ordinance, resolution or other manner, alternate sites or places, within or without the territorial
limits of such political subdivision and within or without this State, as the emergency location of
159
government. (1959, c. 349.)
§ 162B-2. Emergency meetings.
Whenever the Governor and Council of State acting together declare an emergency to exist by
reason of actual or impending hostile attack upon the State of North Carolina and, due to the
emergency so declared, it becomes imprudent or impossible to conduct the affairs of local
government at the regular or usual place or places thereof, the governing body of each political
subdivision of this State is hereby authorized to meet from time to time upon call of the presiding
officer or a majority of the members thereof at the designated emergency location of government
during the period of the emergency and until the emergency is declared terminated by the
Governor and Council of State. (1959, c. 349.)
§ 162B-3. Emergency public business; nature and conduct.
Whenever the public business of any political subdivision is being conducted at a designated
emergency location outside the territorial limits thereof, the members of the governing body may
exercise such executive and legislative powers and functions as are pertinent to continued
operation of the local government upon return to within the respective political subdivision. Any
action taken by any local governing body at a designated emergency location shall apply and be
effective only within the territorial limits of the political subdivision which such governing body
represents. During the period of time in which the public business is being conducted at a
designated emergency location, the governing body may, when emergency conditions make
impossible compliance with legally prescribed procedural requirements relating to the conduct of
meetings and transaction of business, waive such compliance by adoption of an ordinance or
resolution reciting the facts and conditions showing the impossibility of compliance. (1959, c.
349.)
§ 162B-4. Provisions of Article control over local law.
The provisions of this Article shall be effective in the event it shall be employed notwithstanding
any statutory, charter or ordinance provision to the contrary or in conflict herewith. (1959, c. 349.)
INDEXED SBCCI STANDARD
FOR
FLOODPLAIN MANAGEMENT
SSTD 4-89
SECOND PRINTING
COPYRIGHT@ 1997
BY
SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC.
900 MONTCLAIR ROAD
BIRMINGHAM, ALABAMA 35213-1206
205-591-1853
PRINTED IN U.S.A.
PREFACE
Standard for Floodplain Management © 1989
Floodplain construction standards first appeared in the Standard Building Code in 1980 as
Attachment M Since these provisions were contained to the building code, they were only
adopted by those local governments who charged the building official with the responsibility for
160
enforcing floodplain management regulations The Southern Building Code Congress, recognizing
that the responsibility for enforcing floodplain management requirements may be assigned to
persons other than the building official, appointed an ad hoc committee to develop a floodplain
management standard as a separate document This standard is a culmination of that committee's
efforts The language was updated in 1986 and in 1988 by the Federal Emergency Management
Agency to bring the standard into agreement with the regulations of the National Flood Insurance
Program This standard was developed to provide the criteria to meet the minimum flood plain
construction requirements as required by the National Flood Insurance Program The language
contained in this standard complies with all of the floodplain management requirements that a
community must adopt to order to participate to the NFIP, and barring any unusual flooding
conditions, the adoption of this Standard into a community's building code will meet the portion of
the NFIP's minimum requirements for a community to participate to the program It must be
emphasized that the provisions of this Standard are the minimum requirements and that, based
on flood conditions that are present, the Federal Emergency Management Agency may require or
a community may elect to adopt additional or stricter provisions of this standard In addition, a
state may have stricter requirements that would take precedence over this Standard The National
Flood Insurance Act of 1968 was enacted to provide previously unavailable flood protection to
property owners This act and subsequent revisions require that communities wishing to
participate to the flood insurance program adopt and submit to the Federal Insurance
Administration, floodplain management regulations complying with these minimum requirements.
The requirements are presented so that each local government may adopt this standard as it is
needed with the latitude to designate the department or agency that will enforce the standard
Additional amendments may be required to satisfy other Federal or state statutes or unique local
situations not addressed in this standard Broken vertical bars to the margin indicate changes
made since the 1988 edition Stars m the margin indicate deletions from the 1988 edition
TABLE OF CONTENTS
CHAPTER 1 ADMINISTRATION
101 PURPOSE AND OBJECTIVES
102 POWERS AND DUTIES
103 EXISTING STRUCTURES
CHAPTER 2 DEFINITIONS
201 GENERAL
202 DEFINITIONS
CHAPTER 3 PERMITS
301 GENERAL
302 PROCEDURES
CHAPTER 4 RESPONSIBILITIES OF THE AUTHORITY HAVING JURISDICTION
401 GENERAL
402 CERTIFICATION
CHAPTER 5 DEVELOPMENT STANDARDS
501 SUBDIVISION
502 IMPROVEMENTS
503 STORM WATER RETENTIONS
CHAPTER 6 CONSTRUCTION STANDARDS
601 ELEVATION STANDARDS
602 ANCHORING STANDARDS
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603 CONSTRUCTION STANDARDS
604 MANUFACTURED HOMES
605 STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES)
CHAPTER 7 FLOODWAYS
701 GENERAL
702 DEVELOPMENT
CHAPTER 8 COASTAL CONSTRUCTION
CHAPTER 9 FLOODPROOFING
901 FLOODPROOFING MEASURES
CHAPTER 10 VARIANCES
1 001 GENERAL
CHAPTER 11 REFERENCES
SAMPLE ORDINANCE
ORDINANCE TO ADOPT
STANDARD FOR FLOODPLAIN MANAGEMENT
AN ORDINANCE TO ADOPT THE STANDARD FOR FLOODPLAIN MANAGEMENT FOR THE
INSPECTION ACTIVITIES OF THE OF AND ENFORCEMENT OF BUILDING PROVISIONS AS
PROVIDED IN SAID STANDARD
Section I:
WHEREAS, the legislature of the State of _____, as provided to the statutes, delegates the
responsibility to local government units to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry, and WHEREAS, the areas of
special flood hazards are subject to periodic inundation which results in loss of life and
property, health and safety hazards, disruption of commerce and government services,
extraordinary public expenditures for flood protection and relief, and impairment of the tax
base, all of which adversely affect the public health, safety and general welfare; and
WHEREAS, 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
areas of special flood hazards by uses vulnerable to floods or hazardous to other lands
which are inadequately elevated, floodproofed or otherwise unprotected from flood
damages.
NOW, THEREFORE BE IT ORDAINED BY THE OF THE __________________________ that
the SBCCI Standard for Floodplain Management is hereby adopted by reference as though
it was copied herein fully.
Section 2:
BE IT FURTHER ORDAINED that this Standard shall apply to all areas of special hazard
within the jurisdiction of __________________.
162
Section 3
BE IT FURTHER ORDAINED that no development shall hereafter be located, extended,
converted, or structurally altered without full compliance with the terms of this Standard
and other applicable regulations.
Section 4
BE IT FURTHER ORDAINED that for any matters in said Standard which are contrary to
existing Ordinances of the _______________, the more stringent restriction shall prevail.
However, this Standard is not intended to repeal, abrogate or impair any existing
easements, covenants, or deed restrictions. Further, the interpretation and application of
all provisions of this Standard shall be considered minimum requirements.
Section 5
BE IT FURTHER ORDAINED that within said Standard when reference is made to the
duties of certain officials named therein, that designated official who has duties
corresponding to those of the named official in said Standard shall be deemed to be the
responsible official insofar as enforcing the provisions of the Standard are concerned.
Section 6
BE IT FURTHER ORDAINED that this Ordinance shall take effect and be in force from and
after its passage, the public welfare requiring it PASSED AND APPROVED by
the_________ day of_______________ ,____________.
SIGNATURE OF GOVERNING BODY
CHAPTER 1
ADMINISTRATION
101 PURPOSE AND OBJECTIVES
101.1 Purpose
The purpose of this standard is to promote the public health, safety, and general welfare and to
minimize public and private losses due to flood conditions in specific areas through the
establishment of comprehensive regulations for floodplain management, designed to:
1. minimize loss of life and property due to flooding conditions,
2. prevent unnecessary disruption of commerce and public service to times of flooding;
3. restrict or prohibit uses which are dangerous to health, safety and property due to flood or
erosion hazards, or which result in increases in flood heights or velocities or erosion potential,
4. require that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction,
5. control the alteration of natural floodplains, stream channels, and natural protective barriers,
6. control filling, grading, dredging, and other development which may increase flood damage or
erosion potential,
7. prevent or regulate the construction of flood barriers which will divert flood waters or which may
increase flood hazards, and
8. contribute to improved construction techniques in the floodplain.
101.2 Objectives
The objectives of this standard are to protect human life, minimize the expenditure of public
163
money for flood control projects, minimize the need for rescue and relief efforts associated with
flooding, minimize prolonged business interruptions, minimize damage to public facilities and
utilities, help maintain a stable tax base by providing for the sound use and development of floodprone areas, contribute to improved construction techniques to the floodplain, and ensure that
potential occupants are notified that property is within an area of special flood hazard.
102 POWERS AND DUTIES
102.1 Permit Applications
The authority having jurisdiction shall require a development permit prior to the commencement
of any development activity and shall review all permit applications to determine whether
proposed development sites will be reasonably safe from flooding If a proposed development site
is in an area of special flood hazard, all new construction and substantial improvements (including
the placement of prefabricated buildings and manufactured homes) shall be
1.designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral
movement of the structure resulting from hydrostatic and hydrodynamic loads and the effects of
buoyancy, and
2. be constructed with materials and utility equipment resistant to flood damage, and
3. be constructed by methods and practices that minimize flood damage.
102.2 Approval
It shall be the responsibility of the authority having jurisdiction to assure that:
1. All new construction or substantial improvements of structures within the areas of special flood
hazard shall have the lowest structural member of the floor, including basement, elevated to or
above the level of the base flood elevation, except that nonresidential structures, together with
attendant utility and sanitary facilities, may be elevated or flood-proofed up to the level of the
base flood protection elevation.
2. Approval of a proposed development shall not be given until proof that necessary permits have
been granted by federal or state agencies having jurisdiction over such development.
102.3 Establishing the Area of Special Flood Hazard
The areas of special flood hazard as identified by the federal insurance administrator in an
engineering report entitled, "The Flood Insurance Study for _______________
dated_____________ , with accompanying Flood Insurance Rate Maps (FIRM) and Flood
Boundary and Floodway Maps (FBFM) and related supporting data along with any revisions
thereto, are adopted by reference and declared to be a part of this standard.
102.4 Technical Basis for Area of Special Flood Hazard
The authority having jurisdiction shall adopt by reference the specific appropriate technical data
which establishes the area of special flood hazard.
102.5 Disclaimer
The degree of flood protection required by this standard is considered reasonable for design
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur on rare occasions. This standard does not imply that land outside the areas of special
flood hazard or uses permitted within such areas will be free from flooding or flood damages.
164
This standard shall not create liability on the part of the authority having jurisdiction for any flood
damages that result from reliance on this standard or any administrative decisions lawfully made
thereunder.
102.6 Violations
Any person, firm, corporation or agent who shall violate a provision of this standard, or fail to
comply therewith, or any of the requirements thereof, shall be guilty of a misdemeanor. Each
such person shall be deemed guilty of a separate offense for each and every day or portion
thereof during which any violation of any of the provisions of this standard is committed or
continued, and upon conviction of any such violation such person shall be punished within the
limits and as provided by state laws.
103 EXISTING STRUCTURES
103.1 General
Structures and uses of structures which lawfully existed prior to the adoption of the initial
floodplain management ordinance to enter the NFIP, and which do not conform with the
provisions of this standard, may be continued subject to the following conditions:
1. Existing structures and uses located within a floodway shall not be expanded or enlarged
unless the effect of proposed expansion or enlargement does not cause additional increase in
floodway elevation during the occurrence of the base flood discharge.
2. Any alteration, repair, reconstruction or improvement of an existing structure within a
floodplain, which constitutes substantial improvement shall be undertaken only in full compliance
with this standard.
3. Any alteration, repair, reconstruction or improvement of an existing structure within a floodplain
which is in compliance with the provisions of this Standard shall be undertaken only in full
compliance with this Standard.
4. Any alteration, repair, reconstruction or improvement of an existing structure within a floodplain
which is not in compliance with the provisions of this standard shall be undertaken only if said
nonconformity is not furthered, extended, or replaced.
CHAPTER 2
DEFINITIONS
201 GENERAL
For the purpose of this standard, certain abbreviations, terms, phrases. words, and their
derivatives, shall be construed as set forth in this section.
201.1 Tense, Gender and Number
Words used in the present tense include the future. Words in the masculine gender include the
feminine and neuter. Words in the feminine and neuter gender include the masculine. The
singular number includes the plural and the plural number includes the singular.
202 DEFINITIONS
ADDITION: (to an existing building)-Any walled and roofed expansion to a building in which the
addition is connected by a common loadbearing wall other than a fire wall. Any walled and roofed
addition which is separated by a fire wall, or an independent perimeter load-bearing wall is new
165
construction.
APPEAL: A request for a review of an interpretation of any provision of this Standard or a request
for a variance.
APPROVED: Approved by the authority having jurisdiction.
AREA OF SHALLOW FLOODING: A designated AO or VO Zone on a community's Flood
Insurance Rate Map (FIRM) with flood depths during the base flood of from one to three feet
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: The land in the floodplain within a community subject to a
1°10 or greater chance of flooding in any given year.
BASE FLOOD ELEVATION: The elevation in relation to mean-sea-level (National Geodetic
Vertical Datum -NGVD) expected to be reached by a flood having a 1 % chance of being equaled
or exceeded in any given year.
BASEMENT: The portion of a building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALLS: Any type of walls using approved materials which are not a part of the
structural support of the building and which are so designed to break away, under abnormally
high tides or wave action, without damage to the structural integrity of the building or supporting
foundation system on which they are used.
BUILDING: Any structure built for support, shelter or enclosure for any occupancy or storage.
COASTAL HIGH HAZARD AREA: An area within the regulatory floodplain which is subject to
high velocity waters, including hurricane wave wash This area is designated on FIRM as Zone V,
VE, or V 1-30.
COMMUNITY: Any city, county or political subdivision which has authority to adopt and enforce
flood plain management regulations for the areas within its jurisdiction.
DEVELOPMENT: Any man-made change to improved or unimproved real estate, including but
not limited to buildings or other structures, permanent storage of materials, mining, dredging,
filling, grading, paving, excavations, operations and other land disturbing activities.
ELEVATED BUILDING: A non-basement building built to have the bottom of the lowest horizontal
structural member elevated above the ground level by means of pilings, columns (posts or piers),
or shear walls parallel to the flow of water. Except for buildings located in a coastal high hazard
area, elevation can also utilize fill or solid foundation perimeter walls.
ESTUARY: A water passage where the tide meets a stream current.
EXISTING CONSTRUCTION: Any structures for which the "start of construction" commenced
before the effective date of the first floodplain management code, ordinance, or standard.
"Existing construction" may also be referred to as "existing structures".
FLOOD or FLOODING: A general and temporary condition of partial or complete inundation of
normally dry land from:
1) the overflow of inland or tidal waters,
166
2) the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD HAZARD BOUNDARY MAP (FHBM): An official map of a community, issued by the
Federal Insurance Administrator, where the boundaries of the special flood hazard areas have
been defined as Zone A.
FLOOD INSURANCE RATE MAP (FIRM): An official map of a community, on which the federal
insurance administrator has delineated both the special flood hazard areas and the risk premium
zones applicable to the community.
FLOOD INSURANCE STUDY: The official report provided by the federal insurance administrator
containing the Flood Insurance Rate Map. the Flood Boundary Floodway Map, the water surface
elevation of the base flood and supporting technical data.
FLOODPLAIN: Any land area, including watercourse, susceptible to partial or complete
inundation by water from any source.
FLOODPLAIN MANAGEMENT REGULATIONS: Zoning ordinances, subdivision regulations,
building codes, health regulations, special purpose ordinances (such as a floodplain ordinance,
grading ordinance, erosion control ordinance and court order) and other applications of police
power. The term describes such state or local regulations, in any combination thereof, which
provide standards for the purpose of flood damage prevention and reduction.
FLOODPROOFING: A combination of structural modifications which result in a building, including
the attendant utility and sanitary facilities, being watertight with walls substantially impermeable to
the passage of water and with structural components having the capacity of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy to the floodproofed design level.
FUNCTIONALLY DEPENDENT FACILITIES: A facility which cannot be used for its intended
purpose unless it is located or carried out in close proximity to water, such as a docking or port
facility necessary for the loading or unloading of cargo or passengers, shipbuilding, or ship repair.
The term does not include long-term storage, manufacture, sales, or service facilities.
HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to
construction, next to the proposed walls of a building.
LOWEST FLOOR: The floor of the lowest enclosed area, including basement, but excluding any
unfinished or flood resistant enclosure, useable solely for vehicle parking, building access, or
limited storage.
MANGROVE STAND: An assemblage of mangrove trees which are low trees noted for extensive
development of interlacing roots above ground, and contain one or more of the following species:
black mangrove (avicennia nitida), red mangrove (rhizophora mangle); white mangrove
(longuncularia racemosa); and buttonwood (conocarpus erecta).
MEAN SEA LEVEL: The average height of the sea for all stages of the tide, used as a reference
for establishing elevations within the floodplain For purposes of this standard, the term is
synonymous with National Geodetic Vertical Datum (NGVD)
MANUFACTURED HOME: A building that is transportable in one or more sections, built on a
permanent chassis and constructed to the Federal Mobile Home Construction and Safety
Standards and rules and regulations promulgated by the U S Department of Housing and Urban
Development. The term also includes mobile homes, park trailers, travel trailers, and similar
167
transportable structures placed on a site for 180 consecutive days or longer and intended to be
improved property.
NATIONAL GEODETIC VERTICAL DATUM (NGVD): National elevation reference system as
identified by geological survey in 1929.
NEW CONSTRUCTION: Structures for which the "start of construction" commenced on or after
the effective date of a community's first floodplain management regulations. code, ordinance or
standard.
REGULATORY FLOODPLAIN: The area of the flood plain identified on the official flood plain map
along with the water-surface profile of the base flood elevation (Note The base flood elevation
profile and regulatory flood plain is the 100 year frequency flood).
REGULATORY FLOODWAY: The channel of the river, creek, or other watercourse and the
adjacent land areas that must be reserved in order to discharge the 100-year flood without
cumulatively increasing the water surface elevation and not more than one foot.
RIVERINE: Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
SAND DUNES: Naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
START OF CONSTRUCTION: Date of permit issuance, provided actual start of construction is
within 180 days after the date of issuance. The actual start of construction means the first
placement of permanent construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading
or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers
or foundations, or the erection of temporary forms, or the installation of accessory buildings such
as garages or sheds that are part of the main building.
STORMWATER DETENTION STORAGE: Stormwater runoff collected and stored for a period of
time and released at a rate much less than the inflow rate.
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the
cost of which equals or exceeds 50% of the market value either:
(a) before the improvement or repair is started, or
(b) if the structure has been damaged and is being restored before the damage occurred For the
purposes of this definition, substantial improvement is considered to occur when the first
alteration of any wall, ceiling, floor or other structural part of the building commences, whether or
not that alteration affects the external dimensions of the building.
STRUCTURE: Any walled and roofed building that is principally above ground, as well as a
mobile or manufactured home, a gas or liquid storage tank or other man-made facilities. The term
does not, however, include any project for improvement of a building that is specifically required
to comply with existing health sanitary or safety code specifications which are solely necessary to
assure safe living conditions.
VARIANCE: A grant of relief from the requirements of this standard which permits construction in
a manner otherwise prohibited by this standard where specific enforcement would result in
unnecessary hardship.
168
VIOLATION: The failure of a structure or other development to be fully compliant with the
provisions of this standard. A structure or other development without an elevation certificate or
other certifications as required in this standard is presumed to be in violation until such time as
that documentation is provided.
CHAPTER 3
PERMITS
301 GENERAL
301.1 Proposed Construction
A permit shall be required prior to the commencement of all proposed construction and other
developments including the placement of manufactured homes, within the area of special flood
hazard.
302 PROCEDURES
302.1 Application
Application for a development permit shall be made to the authority having jurisdiction on forms
provided by that authority and shall include, but not be limited to, plans in duplicate drawn to
scale showing the nature, location, dimensions, and elevations of the area in question, existing
and proposed structures, fill, storage areas, and drainage facilities. Specifically, the application
should include the following:
1 Elevation to relation to mean sea level of the proposed lowest horizontal structural member of
the lowest floor (including basement) of all buildings,
2. Elevation in relation to mean sea level to which any non-residential building will be
floodproofed,
3 Description of the extent to which any watercourse will be altered or relocated as a result of
proposed development.
302.2 Construction
As a part of the permit process, the applicant shall provide the elevation of the lowest horizontal
structural member of the lowest floor, or floodproofing certification, once the lowest floor is
complete. Upon placement of the lowest horizontal structural members of the lowest floor, the
applicant shall submit to the authority having jurisdiction certification of the elevation of the lowest
horizontal structural member of the lowest floor as built to relation to mean sea level. Said
certification shall be prepared by or under the direct supervision of a registered land surveyor or
professional engineer or architect and certified by same. Any work undertaken prior to submission
of the certification shall be at the applicant's risk. The authority having jurisdiction shall review the
submitted elevation data, and any deficiencies found shall be corrected by the permit holder
immediately and prior to any further work being permitted to proceed.
CHAPTER 4
RESPONSIBILITIES OF THE AUTHORITY HAVING JURISDICTION
401 GENERAL
The responsibilities of the authority having jurisdiction shall include, but not be limited to, the
items listed in this chapter.
169
401.1 Review
All development permits shall be reviewed to assure that the permit requirements of this standard
have been satisfied.
401.2 Required Permits
The authority having jurisdiction shall review proposed development to assure that all necessary
permits have been received from those governmental agencies from which approval is required
by federal or state law, including Section 404 of the Clean Water Act Amendments of 1972, 33 U
S.C 1334 and Section 10 of the Rivers and Harbors Act of 1899, 33 U.S C. 403. Copies of such
permits shall be provided and maintained on file with the development permit.
401.3 Issuance
No development or land disturbing activity within an area of special flood hazard shall be
undertaken until after issuance of a permit In case of land disturbing activity proposed in
conjunction with construction for which a permit application has been filed, a site grading and
drainage plan shall be approved prior to issuance of the permit.
401.4 Government Approval
Prior to any alteration or relocation of any watercourse, permits shall be obtained from the
appropriate federal or state agency and/or the authority having jurisdiction and notification of such
proposal shall be to the proper authorities of all affected adjacent government jurisdictions, as
well as appropriate state agencies.
401.5 Engineering Analysis
An engineering analysis shall be required which demonstrates that the flood carrying capacity of
the altered or relocated portion of the watercourse will not be decreased. Such water courses
shall be maintained in a manner which preserves the channel's flood carrying capacity.
401.6 Determination of Base Flood Elevations
The authority having jurisdiction shall establish the floodplains, floodways and base flood
elevations utilizing latest data available from a federal, state or other source. If not available, the
party applying for the permit for the proposed development or land disturbing activity shall
determine the base flood elevation in accordance with 501 3, using accepted hydrologic and
hydraulic engineering techniques. Such analyses shall be undertaken by a professional engineer
licensed in this state who shall certify that the technical methods used reflect currently accepted
engineering practice Studies, analyses, and computations shall be submitted in sufficient detail to
allow thorough review and approval by the authority having jurisdiction. The accuracy of data
submitted for such determination shall be the responsibility of the applicant.
401.7 Verification
It shall be the responsibility of the authority having jurisdiction to verify and record the actual
lowest floor elevation and to assign required lowest floor elevation. The notation shall be made on
the face of the permit. The lowest horizontal structural member of the lowest floor including
basement of new or substantially improved residential construction must be elevated to or above
the level of the base flood elevation.
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401.8 Floodproofing Verification
It shall be the responsibility of the authority having jurisdiction to verify and record the actual
elevation to which any new or substantially improved non-residential construction has been
elevated or floodproofed. The notation shall be made on the face of the permit.
401.9 Riverine Uses
In riverine situations, until a regulatory floodway is designated, no new construction, substantial
improvement or other development, including land fill, shall be permitted unless the applicant
demonstrates that the cumulative effect of the proposed use, when combined with all other
existing and anticipated uses, will not increase the elevation of the base flood more than 1 ft at
any point within the community.
401.10 Coastal Areas
In coastal high hazard areas, the authority having jurisdiction shall review plans for the adequacy
of breakaway walls in accordance with 802.4
401.11 Alterations in Coastal Areas
In coastal high hazard areas, no alteration of sand dunes and mangrove stands shall be
permitted until the applicant has provided an engineering analysis which demonstrates that the
alteration will not increase the potential for flood damage.
401.12 Interpretations
Where interpretation is needed as to the exact location of the boundaries of the special flood
hazard areas, the authority having jurisdiction shall make the necessary interpretation.
401.13 Records
All records pertaining to this standard shall be maintained by the authority having jurisdiction, and
shall be open for public inspection.
402 CERTIFICATION
402.1 General
The development or building permit shall include the required elevation (NGVD) and actual
elevation (NGVD) of the lowest floor (including basement). The actual elevation shall be obtained
from the contractor or builder at the time of inspection of the flooring prior to further vertical
construction. The authority having jurisdiction shall require that the actual elevation be certified by
a registered engineer, land surveyor or architect.
402.2 Floodproofing Certification
For cases when floodproofing is utilized on a non-residential building as specified in Chapter 9,
the authority having jurisdiction shall obtain certification from a registered professional engineer
or architect that the floodproofing is in accordance with this Standard.
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402.3 Coastal Construction Certification
In coastal high hazard areas, certification shall be obtained from a registered professional
engineer or architect that the building is designed to be securely anchored to adequately
anchored pilings or columns in order to withstand velocity waters, wave action and wind loadings,
that are associated with the l % annual chance flood.
402.4 Certification Records
The certifications required in order to meet the provisions of this standard shall be attached to the
permit copy, and be permanently maintained by the authority having jurisdiction .
CHAPTER 5
DEVELOPMENT STANDARDS
501 SUBDIVISION
501.1 Subdivision and New Development Review
Any subdivision proposal or other proposed new development in an area of special flood hazard
shall be reviewed to assure that:
1. all such proposals are consistent with the need to minimize flood damage within the area of
special flood hazard, and
2. all public utilities and facilities, such as sewer, gas, electric, and water systems are located and
constructed to minimize or eliminate flood damage, and
3. adequate drainage is provided to reduce exposure to flood hazards.
501.2 Subdivision Requirements
In addition to those requirements set forth elsewhere in this standard relative to the subdivision of
land, the following requirements shall apply in the case of any proposed subdivision, any portion
of which lies within an area of special flood hazard:
1. The area of special flood hazard shall be delineated on tentative and final subdivision plats.
2. Residential building lots shall be provided with adequate buildable area outside the regulatory
floodway.
3. The design criteria for utilities and facilities set forth in this standard shall be met
501.3 Base Flood Elevations
All subdivision proposals and other proposed developments within the area of special flood
hazard, shall include with such proposals the base flood elevation data, as specified to 401.6.
502 IMPROVEMENTS
502.1 General
Development or land disturbing activity shall not be permitted within the boundaries of the
regulatory floodway unless the potential effect of such on flood heights is fully offset by
accompanying improvements which have been approved by appropriate federal, state, and local
authorities.
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502.2 Sewer Facilities
All new or replaced sanitary sewer facilities, private sewer treatment plants (including all pumping
stations and collector systems) and on site waste disposal systems shall be designed to minimize
or eliminate infiltration of flood waters into the systems and discharges from the systems into the
floodwaters. In addition, they shall be located and constructed so as to minimize or eliminate
flood damage and impairment.
502.3 Water Facilities
All new or replacement water facilities shall be designed to minimize or eliminate infiltration of
flood waters into the system and shall be located and constructed so as to minimize or eliminate
flood damage.
502.4 Storm Drainage Facilities
All storm drainage facilities shall be designed to convey the flow of surface waters so as to
minimize or eliminate damage to persons or property. The system shall insure drainage away
from buildings and on-site disposal sites. The authority having jurisdiction may require a primary
underground system to accommodate larger, less frequent floods Drainage plans shall be
consistent with local and regional drainage plans The facilities shall be designed to prevent the
discharge of excess runoff onto adjacent properties.
502.5 Streets And Sidewalks
Streets and sidewalks shall be designed to minimize potential for increasing or aggravating flood
levels.
503 STORM WATER RETENTIONS
503.1 Site Design
Develop a site design that wi11 not cause the pre-development peak runoff from a 10 year storm
to increase Individual lots to subdivision developments shall not be considered as separate
projects, rather the subdivision development as a whole shall be considered as a single project.
503.2 Mitigating Measures
Provide stormwater detention storage, channel improvement or other mitigating measures.
503.3 Written Permission
Obtain written permission from downstream property owners, unless channel is to an existing
city-owned drainage easement, to improve the receiving channel to an adequate channel
condition. Such improvements shall extend downstream until an adequate channel section is
reached. Cost of such improvements shall be borne by the developer. Sufficient engineering
calculations shall accompany the plan, submitted for verification of obtaining adequate channel
condition.
503.4 Maintenance Plan
If stormwater detention storage is included, owner must provide the authority having jurisdiction
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with a plan for the maintenance of the detention facility. Said plan shall set forth the maintenance
requirements of the facility and the party responsible for performing the maintenance.
CHAPTER 6
CONSTRUCTION STANDARDS
601.1 Location of the Lowest Structural Member. The lowest horizontal structural members of the
lowest floor, including basements, but excluding footings, pilings, columns, pile caps,
nonstructural slabs, bracing and grade beams, shall be elevated feet above the base flood
elevation in the following types of buildings:
1. Residential buildings including manufactured homes.
2. All other use group buildings, except that buildings to this category need not meet this
requirement if the building and its utility and sanitary facilities are floodproofed to or above the
base flood elevation in accordance with the flood proofing provisions of Chapter 9.
602 ANCHORING STANDARDS
602.1 General
The structural systems of all buildings and structures, including manufactured homes, shall be
designed, connected and anchored to prevent flotation, collapse and permanent lateral
movement due to flooding.
603.1 Construction Elevations
603.1.1 All new construction or substantial improvement of residential structures and
nonresidential structures within the special flood hazard areas must have the lowest horizontal
structural member of the lowest floor including basement elevated to or above the base flood
level as specified in 600.1.
603.1.2 A nonresidential structure and its attendant utility and sanitary facilities may be
constructed below the base flood elevation provided that the nonresidential structure and its
attendant utility and sanitary facilities are floodproofed up to the base flood in accordance with the
provisions of Chapter 9.
603.2 Walls Below Base Flood Elevation
All new construction and substantial improvements of elevated buildings that include fully
enclosed areas formed by foundation and other exterior walls below the base flood elevation shall
be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic
flood forces on exterior walls. Designs for meeting this requirement must either be certified by a
professional engineer or meet the following minimum criteria a minimum of two openings having a
total net area of no less than 1 sq in for every square foot of enclosed area subject to flooding
shall be provided. The bottom of all openings shall be no higher than 1 ft above grade. Openings
may be equipped with screens, louvers, valves or other coverings or devices provided they permit
the automatic flow of floodwaters in both directions. Walls constructed in coastal high hazard
areas shall comply with 802.4.
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603.3 Uses Below Base Flood Elevation
For all new construction and substantial improvements, the enclosed area below an elevated
building shall be used solely for parking of vehicles, limited storage of maintenance equipment
used in connection with the premises, and access to the elevated living area. Access to the lower
enclosed area shall be the minimum necessary to allow the above uses. The interior portion of
the lower enclosed area shall not be partitioned or finished into separate rooms
603.4 Flood Damage Reduction
All new construction and substantial improvements shall be constructed with materials and
mechanical equipment that are resistant to flood damage, and such construction shall utilize
methods that minimize flood damage
603.5 Utility Protection
All utilities such as heating, ventilation, plumbing, air conditioning, electrical and telephone
systems and other service facilities shall be designed and located so as to prevent water from
entering or accumulating within the components and to minimize the chance of impairment during
flooding.
603.6 Water Supply Systems
New and replacement water supply systems shall be designed to minimize or eliminate infiltration
of flood waters into the system.
603.7 Sanitary Sewage Systems
New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the system and discharges from the system into flood waters.
604 MANUFACTURED HOMES
604.1 Installation
All manufactured homes to be located in a special flood hazard area shall be elevated and
anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but
are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in
addition to the anchoring requirements provided in Attachment H of the Standard Building Code,
which also apply.
604.2 Foundation
All manufactured homes to be located in a special flood hazard area shall be elevated on a
permanent foundation such that the lowest floor of the manufactured home is at or above the
base flood elevation, and be securely anchored to an adequately anchored foundation system to
accordance with 604.1
604.3 Placement of Manufactured Homes
The placement of manufactured homes shall not be permitted within designated floodway or
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coastal high hazard area.
605 STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES)
605.1 General
Located within the areas of special flood hazard established to 101 3 are areas designated as
shallow flooding areas, or AO Zones. These areas have special flood hazards associated with
base flood depths of one or more feet where a clearly defined channel does not exist and where
the path of flooding is unpredictable and indeterminate.
605.2 Residential Standards
All new construction and substantial improvements of residential buildings shall have the lowest
horizontal structural member, including basement, elevated to the depth number specified on the
Flood Insurance Rate Map, in feet, above the highest adjacent grade.
605.3 Non-residential Construction
All new construction and substantial improvements of non-residential buildings shall:
1. have the lowest floor, including basement, elevated to the depth number specified on the Flood
Insurance Rate Map, in feet, above the highest adjacent grade, or;
2. together with attendant utility and sanitary facilities be completely floodproofed to or above the
base flood depth as specified in Chapter 9.
605.4 Drainage
Within AO and AH Zones, adequate drainage paths shall be provided around structures located
on slopes to guide flood waters around and away from structures.
CHAPTER 7
FLOODWAYS
701 GENERAL
701.1 Selection
The authority having jurisdiction shall select and adopt a regulatory floodway as defined in 202
based on the authority specified in 102.3.
702 DEVELOPMENT
702.1 Provisions
No encroachments, including fill, new construction, substantial improvements and other
development or land disturbing activity shall be permitted within a floodway unless certification,
along with supporting technical data, is provided by a registered engineer demonstrating that
such development will not cause any increase in flood levels during the occurrence of the base
flood discharge.
CHAPTER 8
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COASTAL CONSTRUCTION
801.1 Application
The provisions of Chapter 8 apply to structures and development located in a coastal high hazard
area. The other provisions of this standard, especially those m Chapter 6, apply to all structures
and development in an area of special flood hazard, including those located in coastal high
hazard areas.
801.2 Location of the Lowest Structural Member
In coastal high hazard areas, the lowest portion of the structural members of the lowest floor
excluding the pilings, or columns, pile caps, nonstructural slabs, bracing and grade beams of all
construction shall be elevated feet above the base flood elevation.
802.1 Anchoring
All new construction and substantial improvements within an area identified as a coastal high
hazard area shall be elevated on pilings or columns in accordance with 801.2, and securely
anchored to resist flotation collapse and permanent lateral movement due to the effects of wind
and water loading values shall be that which equals or exceeds the 100 year recurrence interval.
The design wind loading value shall be that specified in Section 1606 of the Standard Building
Code. Foundations shall have adequate soil penetrations to resist the combined wave and wind
loads (lateral and uplift) to which they are likely to be subjected during a flood to the base flood
elevation. Embedment depths shall take into account reduced resistance capacity caused by
scour of surrounding soil strata Pile system design and installation shall also be made in
accordance with the provisions of Chapter 18 of the Standard Building Code. Mat or raft
foundations shall not be permitted where soil materials are subject to scour and erosion from
wave velocity conditions.
802.3 Components
All buildings and structures shall have all components including floor frames, walls, roofs,
sheathing, and weather boarding securely fastened and adequately interconnected to resist the
loads anticipated during flooding to an elevation equal to the base flood level.
802.4 Breakaway Walls
In coastal high hazard areas, all new construction and substantial improvements must have the
space below the lowest floor either free of obstruction or constructed with nonsupporting
breakaway walls, open wood latticework, or insect screening intended to collapse under wind and
water loads without causing collapse, displacement, or other structural damage to the elevated
portion of the building or supporting foundation system. For the purposes of this section, a
breakaway wall shall have a design safe loading resistance of not less than 10 and no more than
20 pounds per sq ft. Use of breakaway walls which exceed a design safe loading resistance of 20
pounds per sq ft either by design or when so required by local or state codes may be permitted
only if a registered professional engineer or architect certifies that the designs proposed meet the
following conditions:
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I. breakaway wall collapse shall result from a water load less than that which would occur during
the base flood, and
2. the elevated portion of the building and supporting foundation system shall not be subject to
collapse, displacement, or other structural damage due to the effects of wind and water loads
acting simultaneously on all building components structural and nonstructural. Such enclosed
space shall be useable solely for parking of vehicles, building access or storage, and shall not be
designed or used for human habitation.
802.5 Use of Fill
In coastal high hazard areas, the use of fill material for structural support is prohibited.
Noncompacted fill may be used away from the perimeter of a building for landscaping or aesthetic
purposes providing the fill will wash away under storm surge, thereby rendering the building free
of obstruction, prior to generating excessive loading forces, ramping effects or wave deflection.
The authority having jurisdiction shall approve design plans only after the applicant has provided
an analysis by an engineer, architect or soils scientist which demonstrates that:
1. Particle composition of fill material does not have a tendency for excessive natural compaction,
2. Volume and distribution of fill will not cause wave deflection to adjacent properties; and
3. Slope of fill will not cause wave run-up or ramping.
802.6 Coastal Location
All new construction within a coastal high hazard area must be located landward of the reach of
mean high tide.
802.7 Certification
A registered professional engineer or architect shall develop or review the structural design,
specifications and plans for the construction, and shall certify that the design and construction
methods to be used are m accordance with the provisions of 801.2 and 802.1 through 802.4.
CHAPTER 9
FLOODPROOFING
901 FLOODPROOFING MEASURES
901.1 General
Floodproofing shall comply with classification standards FP1 and FP2, contained to the U S Army
Corps of Engineers "Floodproofing Regulations" or other approved methods.
901.2 Location
Floodproofing shall not be permitted to a designated floodway or m a coastal high hazard area.
901.3 Walls Below Flood Level
All buildings and structures of all use groups except residential may be floodproofed with walls
which are substantially impermeable to the passage of water below the base flood level and with
structural components capable of resisting hydrostatic and hydrodynamic loads, and particularly,
the effects of buoyancy.
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901.4 Protective Measures
Floodproofing measures shall be designed consistent with the flood protection elevation for the
particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and
other factors associated with the base flood The applicant shall submit a plan or document
certified by a registered professional engineer or architect that the floodproofing measures are
consistent with the base flood elevation and associated flood factors for the particular area. The
following floodproofing measures shall be part of the plan:
l. Anchorage to resist flotation and lateral movement.
2. Installation of watertight doors, bulkheads, and shutters, or similar methods of construction
3. Reinforcement of walls to resist water pressures
4. Construction of water supply and waste treatment systems so as to prevent the entrance of
floodwaters.
5 Installation of valves or controls on sanitary and storm drains which will permit the drains to be
closed to prevent backup sewage and storm waters into the buildings or structures.
6. Location of all electrical equipment, circuits and installed electrical appliances in a manner
which will minimize flooding and provide protection from inundation by the flood.
7. Location of any structural storage facilities for chemicals, explosives, buoyant materials,
flammable liquids or other toxic materials which could be hazardous to public health, safety and
welfare to a manner which will assure that the facilities are situated at elevations above the height
associated with the base flood elevation.
CHAPTER 10
VARIANCES
1001 GENERAL
1001.1 Authority
An appeal board as established by the authority having jurisdiction shall hear and decide appeals
and requests for variances from the requirements of this standard. This shall include appeals
when it is alleged that there is an error in any requirement, decision, or determination made in the
enforcement of this standard The appeal board has the right to attach such conditions to the
variance as it deems necessary to further the purposes and objectives of this standard.
1001.2 Exception for Historic Structures
Variances may be issued for the reconstruction, rehabilitation or restoration of buildings listed on
the National Register of Historic Places or the State Inventory of Historic Places without regard to
the procedures set forth in the remainder of this chapter providing that the variance is the
minimum necessary so as not to destroy the historic character and design of the building, that the
proposed reconstruction, rehabilitation or restoration will not result in the building losing its
historical designation.
1001.3 Restrictions
Variances shall specifically not be issued from any construction standards except as specified in
1001.2, nor shall variances be issued from encroachment standards of floodways if any increase
in flood levels during the base flood discharge would result.
1001.4 Considerations
179
In reviewing applications for a variance, the appeal board shall consider all technical evaluations,
all relevant factors, all other portions of this standard, and the following
1. the danger that materials may be swept onto other lands resulting in further injury or damage;
2. the danger to life and property due to flooding or erosion damage,
3. the susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the owner,
4. the importance of the services provided by the proposed facility to the community,
5. the necessity of the facility to a waterfront location in the case of a functionally dependent
facility,
6. the availability of alternate locations for the proposed use that are not subject to flooding or
erosion;
7. the compatibility of the proposed use with existing and anticipated development,
8. the relationship of the proposed use to the comprehensive plan and floodplain management
program for that area;
9. the safety of access to the property in times of flood for ordinary and emergency vehicles;
10. the expected heights, velocity, duration, rate of rise, and debris and sediment transport of the
flood waters and the effects of wave action, if applicable, expected at the site, and,
11. 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, streets and bridges
1001.5 Conditions for Issuance
Upon consideration of the factors listed in 1001 4, variances shall only be issued by the authority
having jurisdiction from the elevation standards upon:
1. a technical showing of good and sufficient cause that the unique characteristics of the size,
configuration, or topography of the site renders the elevation standards inappropriate, and
2. a determination that failure to grant the variance would result m exceptional hardship by
rendering the lot undevelopable, and
3. a determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, nor create nuisances, cause
fraud on or victimization of the public, or conflict with existing local laws or ordinances, and
4. a determination that the variance is the minimum necessary, considering the flood hazard, to
afford relief; and
5. submission to the applicant of written notice specifying the difference between the base flood
elevation and the elevation to which the building is to be built and stating that the cost of flood
insurance will be commensurate with the increased risk resulting from the reduced floor elevation
1001.6 Records
The authority having jurisdiction shall maintain the records of all appeal actions and report any
CHAPTER 11
REFERENCES
The following is a list of reference publications related to floodplain management
Coastal Construction Manual, FEMA 55, February 1986
Design Guidelines for Flood Loss Reduction, FEMA 15,December 1981
Elevated Residential Structures, FEMA 54, March 1984
Floodproofing Nonresidential Structures, FEMA 104, April 1986
Manufactured Home Installation in Flood Hazard Areas, FEMA 85, September 1985
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Floodproofing Regulations, Corp of Engineers, EP 1165.2.314., June 1972
Standard for Floodplain Management© 1989
TOWN OF NORTH WILKESBORO
APRIL 5, 1994
NATIONAL FLOOD INSURANCE
FLOOD DAMAGE PREVENTION ORDINANCE
Regular Phase
Article A. Statutory Authorization
Section B. Findings of Fact
Section C. Statement of Purpose
Section D. Objectives
Article 4. Administration
Designation of Local Administrator
Development of Permit and Certification
Requirements
Duties and Responsibilities of the Local
Administrator
Administrative Procedures
Variance Procedures
Article 2.
Definitions
Article 3. General Provisions
Lands to which this ordinance applies
Basis for establishing the areas of Special
Flood Hazard
Establishment of Development Permit
Compliance
Abrogation and Greater Restrictions
Interpretation
Warning and Disclaimer of Liability
Penalties for Violation
Article 5. Provisions for Flood Hazard
Reduction
General Standards
Specific Standards
Standards for Streams without established
base flood elevations
Standards for Subdivision Proposals
Standards for areas of shallow flooding
Article 6. Legal Status Provisions
Effective Date
Adoption Certification
181
ARTICLE 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 the
responsibility to local governmental units to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry.
Therefore, the Town Board of Commissioners of the Town of North
Wilkesboro, North Carolina does ordain as follows:
SECTIONFINDINGS OF FACT
B.
(1) The flood hazard areas of the Town of North Wilkesboro 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 hazard areas by uses vulnerable to floods or
hazardous to other lands which are inadequately elevated, floodproofed,
or otherwise unprotected from flood damages.
SECTIONSTATEMENT OF PURPOSE
C.
It is the purpose of this ordinance to promote the public health, safety, and
general welfare and to minimize public and private losses due to flood
conditions in specific areas by provisions designed to:
(1) restrict or prohibit uses which are dangerous to health, safety, and
property due to water or erosion hazards, or which result in damaging
increases in erosion or in flood heights or velocities;
(2) require that uses vulnerable to floods, including facilities which 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 flood
waters;
(4) control filling, grading, dredging, and other development which may
increase erosion or flood damage; and,
(5) prevent or regulate the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards to other lands.
SECTIONOBJECTIVES
D.
The objectives of this ordinance are:
(1) to protect human life and health;
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(2) to minimize expenditure of public money for costly flood control projects;
(3) to minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets, and bridges located in
floodplains;
(6) to help maintain a stable tax base by providing for the sound use and
development of flood prone areas in such a manner as to minimize flood
blight areas; and,
(7) to insure that potential home buyers are notified that property is in a flood
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” means structures which are located on the same
parcel of property as the principal structure and the use of which is
incidental to the use of the principal structure. Garages, carports and
storage sheds are common urban accessory structures. Pole barns, hay
sheds and the like qualify as accessory structures on farms, and may or
may not be located on the same parcel as the farm dwelling or shop
building..
“Addition (to an existing building)” means an extension or increase in the
floor area or height of a building or structure. Additions to existing
buildings shall comply with the requirements for new construction, unless
the addition, renovation or reconstruction to any building, that was
constructed prior to the initial Flood Insurance Study for that area, and the
addition, renovation or reconstruction does not equal 50% of the present
market value of the structure. Where a firewall is provided between the
addition and the existing building, the addition(s) shall be considered a
separate building and must comply with the standards for new
construction.
“Appeal” means a request from a review of the local administrator’s
interpretation of any provision of this ordinance.
“Area of shallow flooding” means a designated AO or VO Zone on a
community’s Flood Insurance Rate Map (FIRM) with base flood depths
from one to three feet 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” is the land in the floodplain within a
community subject to a one percent or greater chance of being equaled or
exceeded in any given year.
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“Base flood” means the flood having a one percent chance of being
equaled or exceeded in any given year.
“Basement” means that lowest level or story which has its floor subgrade
on all sides.
“Breakaway wall” means a wall that is not part of the structural support of
the building and is intended through its design and construction to
collapse under specific lateral loading forces without causing damage to
the elevated portion of the building or the supporting foundation system. A
breakaway wall shall have a design safe loading resistance of not less
than 10 and no more than 20 pounds per square foot. A wall with loading
resistance of more than 20 pounds per square foot requires a professional
engineer or architect’s certificate.
“Building” means any structure built for support, shelter, or enclosure for
any occupancy or storage.
“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.
"Elevated building” means a non-basement building (a) built, in the case of
a building in Zones A1-A30, AE, A, A99, A0, AH, B, C, or X to have the top
of the elevated floor, above the ground by means of pilings, columns
(posts and piers), shear walls parallel to the flow of water and, (b)
adequately anchored so as not to impair the structural integrity of the
building during a flood up to the magnitude of the base flood. In the case
of Zones A1-A30, AE, A, A99, AO, AH, B, C, and X, “elevated building”
also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of flood waters.
“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) is completed before March 8, 1994.
“Expansion to an existing manufactured home park or subdivision” means
the preparation of the additional sites by the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed
(including the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete slabs).
“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,
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(2) the unusual and rapid accumulation of runoff of surface waters
from any source.
“Flood Hazard Boundary Map (FHBM)” means an official map of a
community, issued by the Federal Emergency Management Agency that
has delineated both the areas of special flood hazard and the risk of
premium zones applicable to the community.
“Flood Insurance Study” is the official report provided by the Federal
Emergency Management Agency. The report contains flood profiles, as
well as the Flood Boundary Floodway Map and the water surface
elevation of the base flood.
“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 foot.
“Floor” means the top surface of an enclosed area in a building (including
basement), i.e., top of slab in concrete slab construction or top of wood
flooring in wood frame construction. The term does not include the floor of
a garage used solely for parking vehicles.
“Functionally dependent facility” means a facility which cannot be used for
its intended purpose unless it is located or carried out in close proximity to
water, such as a docking or port facility necessary for the loading and
unloading of cargo or passengers, shipbuilding, ship repair, or seafood
processing facilities. The term does not include long-term storage,
manufacture, sales, or service facilities.
“Highest Adjacent Grade” means the highest natural elevation of the
ground surface, prior to construction, 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; (c) individually listed on a State inventory of historic places; (d)
individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified (1) by an
approved state program as determined by the Secretary of Interior, or (2)
directly by the Secretary of Interior in states without approved programs.
“Levee” means a man-made structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering
practices.
“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 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 the ordinance.
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“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.
“Mean Sea Level” means the average height of the sea for all stages of
the tide. It is used as a reference for establishing various elevations within
the floodplain. For purposes of this ordinance, the term is synonymous
with National Geodetic Vertical Datum (NGVD).
“National Geodetic Vertical Datum (NGVD)” as corrected in 1929 is a
vertical control used as a reference for establishing varying elevations
within the floodplain.
“New construction” means structures for which the “start of construction"
commenced on or after the effective date of this ordinance and includes
any subsequent improvements to such structures.
“New manufactured home park or subdivision” means a manufactured
home park or subdivision for which the construction of facilities for
(including at a minimum the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete slabs) is
completed on or after March 8, 1994.
“Nonconforming building or use” means any legally existing building or use
which fails to comply with the provisions of the ordinance.
“Recreational vehicle” 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.
“Remedy a violation” means to bring the structure or other development
into compliance with State or local 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.
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“Start of construction” for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (P.L. 97-348),
includes substantial improvement, and means the date the building permit
was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, or improvement was within 180
days of the permit date. The actual start means the first placement of
permanent construction of a structure (including a manufactured home) on
a site, such as the pouring of slabs or footings, 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 or
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, for floodplain management purposes, a walled and
roofed building, a manufactured home, including a gas or liquid storage
tank, or other man-made facilities or infrastructures that are principally
above ground.
“Substantial damage” means damage of any origin sustained by a
structure 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 repair, reconstruction,
rehabilitation, addition, or other improvement of a structure, the cost of
which equals or exceeds 50 percent of the market value of the structure
which have incurred “substantial damage”, regardless of the actual repair
work performed. The term does not, however, include either: (1) any
project of improvement of a structure to correct existing violations of State
or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions; or, (2) any alteration
of a historic structure, provided that the alteration will not preclude the
structure’s continued designation as a historic structure.
“Substantially improved existing manufactured home park or subdivision”
means where the repair, reconstruction, rehabilitation or improvement of
the streets, utilities and pads equals or exceeds 50 percent of the value of
the streets, utilities and pads before the repair, reconstruction, or
improvement commenced.
“Variance” is a grant of relief to a person from the requirements of this
ordinance which permits construction in a manner otherwise prohibited by
this ordinance where specific enforcement would result in unnecessary
hardship.
“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.
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ARTICLE 3. GENERAL PROVISIONS
SECTIONLANDS TO WHICH THIS ORDINANCE APPLIES
A.
This ordinance shall apply to all areas of special hazard within the
jurisdiction of the Town of North Wilkesboro.
SECTIONBASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
B.
HAZARD
The areas of special flood hazard identified by the Federal Emergency
Management Agency in its Flood Insurance Study, dated May 1977, with
accompanying maps and other supporting data, and any revision therefore
are adopted by reference and declared to be a part of this ordinance.
SECTIONESTABLISHMENT OF DEVELOPMENT PERMIT
C.
A Development Permit shall be required in conformance with the
provisions of this ordinance prior to the commencement of any
development activities.
SECTIONCOMPLIANCE
D.
No structure or land shall hereafter be located, extended, converted, or
structurally altered without full compliance with the terms of this ordinance
SECTIONABROGATION AND GREATER RESTRICTIONS
E.
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.
SECTIONINTERPRETATION
F.
In the interpretation and application of this ordinance all provisions shall
be:
(1) considered as minimum requirements;
(2) liberally construed in favor of the governing body; and,
(3) deemed neither to limit nor repeal any other powers granted under
state statutes.
SECTIONWARNING AND DISCLAIMER OF LIABILITY
G.
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 on rare
occasions. Flood heights may be increased by man-made or natural
causes. This ordinance does not imply that land outside the areas of
special flood hazard or uses permitted within such areas will be free from
flooding or flood damages. This ordinance shall not create liability on the
part of the Town of North Wilkesboro or by any officer or employee thereof
for any flood damages that result from reliance on this ordinance or any
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administrative decision lawfully made hereunder.
SECTIONPENALTIES FOR VIOLATION
H.
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 $50.00 or imprisoned for not more than 30
days, or both. Each day such violation continues shall be considered a
separate offense. Nothing herein contained shall prevent the Town
of North Wilkesboro from taking such other lawful action as is necessary
to prevent or remedy any violation.
ARTICLE 4. ADMINISTRATION
SECTIONDESIGNATION OF LOCAL ADMINISTRATOR
A.
The Codes Enforcement Officer is hereby appointed to administer and
implement the provisions of this ordinance.
SECTIONDEVELOPMENT PERMIT AND CERTIFICATION REQUIREMENTS
B.
Application for a Development Permit shall be made to the local
administrator on forms furnished by him or her prior to any development
activities. The Development Permit may include, but not be limited to,
plans in duplicate drawn to scale showing: the nature, location,
dimensions, and elevations of the area in question; existing or proposed
structures; and the location of fill materials, storage areas, and drainage
facilities. Specifically, the following information is required:
(1) A plot plan that shows the 100 year floodplain contour or a statement
that the entire lot is within the floodplain must be provided by the
development permit applicant when the lot is within or appears to be
within the floodplain as mapped by the Federal Emergency
Management Agency, or the floodplain identified pursuant to either
Article 4, Section C (10), or Article 5, Sections C and D. The plot plan
must be prepared by or under the direct supervision of a registered
land surveyor or professional engineer and certified by same.
(2) The plot plan required by Article 4, Section B (1) must show the
floodway, if any, as identified by the Federal Emergency Management
Agency or the floodway identified pursuant to either Article 4, Section
C (10), or Article 5, Section C.
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(3) Where base flood elevation data is provided as set forth in Article 3,
Section B, or Article 4, Section C (10), the application for a
Development Permit within the flood hazard area shall show:
(a) the elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new and
substantially improved structures, and;
(b) if the structure has been floodproofed in accordance with Article 5,
Section B (2), the elevation (in relation to
mean sea level) to which the structure was floodproofed.
(4) Where the base flood elevation data is not provided, the application
for a development permit must show construction of the lowest floor at
least 2 feet above the highest adjacent grade.
(5) Where any watercourse will be altered or relocated as a result of
proposed development, the application for a development permit shall
include: a description of the extent of watercourse alteration or
relocation; 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
showing the location of the proposed watercourse alteration or
relocation.
(6) When a structure is floodproofed, the applicant shall provide a
certificate from a registered professional engineer or architect that the
nonresidential floodproofed structure meets floodproofing criteria in
Article 5, Section B (2).
(7) A floor elevation or floodproofing certification is required after the
lowest floor is completed. Within twenty-one (21) calendar days of
establishment of the lowest floor elevation, or floodproofing by
whatever construction means, whichever is applicable, it shall be the
duty of the permit holder to submit to the local administrator a
certification of the elevation of the lowest floor, or floodproofed
elevation, whichever is applicable, as built, in relation to mean sea
level. Said certification shall be prepared by or under the direct
supervision of a registered land surveyor or professional engineer and
certified by same. When floodproofing is utilized for a particular
building, said certification shall be prepared by or under the direct
supervision of a professional engineer or architect and certified by
same. Any work done within the twenty-one (21) day calendar period
and prior to submission of the certification shall be at the permit
holder’s risk. The local administrator shall review the floor elevation
survey data submitted. Deficiencies detected by such review shall be
corrected by the permit holder immediately and prior to further
progressive work being permitted to proceed. Failure to submit the
survey or failure to make said correction required hereby shall be
SECTIONDUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR
C.
Duties of the local administrator shall include, but not be limited to:
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(1) Review all development permits to assure that the requirements of this
ordinance have been satisfied.
(2) Advise permittee that additional Federal or State permits may be
required, and if specific Federal or State permits are known, require
that copies of such permits be provided and maintained on file with the
development permit.
(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.
(4) Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is not
diminished.
(5) Prevent encroachments within floodways unless the certification and
flood hazard reduction provisions of Article 5 are met.
(6) Obtain actual elevation (in relation to mean sea level) of the lowest
floor (including basement) of all new or substantially improved
structures, in accordance with Article 4, Section B (7).
(7) Obtain the actual elevation (in relation to mean sea level) to which the
new or substantially improved structures have been floodproofed, in
accordance with Article 4, Section B (7).
(8) When floodproofing is utilized for a particular structure, obtain
certifications from a registered professional engineer or architect in
accordance with Article 5, Section B (2).
(9) Where interpretation is needed as to the exact location of boundaries
of special flood hazard (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.
(10)When base flood elevation data or floodway data has not been
provided in accordance with Article 3, Section B, obtain, review, and
reasonably utilize any base flood elevation data and floodway data
available from a Federal, State, or other source, including data
developed pursuant to Article 5, Section D (4), in order to administer
the provisions of this ordinance.
(11)When the exact location of boundaries of the areas special flood
hazards conflict with the current, natural topography information at the
site, the property owner may apply and be approved for a Letter of
Map Amendment (LOMA) by FEMA. A copy of the Letter of Map
Amendment issued from FEMA will be maintained by the local
administrator in the permit file.
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(12)Make on-site inspections of projects in accordance with Article 4,
Section D.
(13)Serve notices of violations, issue stop-work orders, revoke permits
and take corrective actions in accordance with Article 4, Section D.
(14)Maintain all records pertaining to the administration of this ordinance
and make these records available for public inspection.
SECTIONADMINISTRATIVE PROCEDURES
D.
(1) Inspections of Work in Progress: As the work pursuant to a permit
progresses, the local 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 administrator has a right, upon
presentation of proper credentials, to enter on any premises within the
territorial jurisdiction at any reasonable hour for the purposes of
inspection or other enforcement action.
(2) Stop-Work Orders: Whenever a building or part thereof is being
constructed, reconstructed, altered, or repaired in violation of this
ordinance, the administrator may order the work to be immediately
stopped. The stop-work order shall be in writing and directed to the
person doing the work. The stop-work order shall state the specific
work to be stopped, the specific reasons for the stoppage, and the
conditions under which the work may be resumed. Violation of a stopwork order constitutes a misdemeanor.
(3) Revocation of Permits: The local administrator may revoke and
require the return of the development permit by notifying the permit
holder in writing stating the reason for the revocation. Permits shall be
revoked for any substantial departure from the approved application,
plans, or 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 permit
mistakenly issued in violation of an applicable State or local law may
also be revoked.
(4) Periodic Inspections: The local administrator and each member of his
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.
(5) Violations to be Corrected: When the local administrator finds
violations of applicable State and local laws, it shall be his 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 in
the property he owns.
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(6) 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
administrator shall give him written notice, by certified or registered
mail to his last known address or by personal service,
(a) that the building or property is in violation of the Flood Damage
Prevention Ordinance;
(b) that a hearing will be held before the local administrator at a
designated place and time, not later than 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 local administrator may issue such
order to alter, vacate, or demolish the
building; or to remove fill as appears appropriate.
(7) Order to Take Corrective Action: If, upon a hearing held pursuant to
the notice prescribed above, the administrator shall find that the
building or development is in violation of the Flood Damage
Prevention Ordinance, he shall make an order in writing to the owner,
requiring the owner to remedy the violation within such period, not less
than 60 days, the administrator may prescribe; provided that where
the administrator finds that there is imminent danger to life or other
property, he may order that corrective action be taken in such lesser
period as may be feasible.
(8) Appeal: Any owner who has received an order to take corrective
action may appeal from the order to the local elected governing body
by giving notice of appeal in writing to the administrator and the clerk
within 10 days following issuance of the final order. In the absence of
an appeal, the order of the 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.
(9) Failure to Comply with Order: If the owner of a building or property
fails to comply with an order to take corrective action from which no
appeal has been taken, or fails to comply with an order of the
governing body following an appeal, he shall be guilty of a
SECTIONVARIANCE PROCEDURES
E.
(1) The Town Board of Commissioners of the Town of North Wilkesboro,
shall hear and decide requests for variances from the requirements of
this ordinance.
(2) Any person aggrieved by the decision of the appeal board or any
taxpayer may appeal such decision to the Court, as provided in
Chapter 7A of the North Carolina General Statutes.
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(3) Variances may be issued for 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 the variance is the minimum necessary to
preserve the historic character and design of the structure.
(4) In passing upon such applications, 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, 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 flood waters 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) The findings listed above shall be submitted to the appeal board in
writing, and included in 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 of
this ordinance.
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(7) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(8) Conditions for Variances:
(a) Variances may 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 only be issued upon a determination that the
variance is the minimum necessary,
considering the flood hazard, to afford relief.
(c) 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, extraordinary public
expense, create nuisance, cause fraud on or victimization of the
public, or conflict with existing local laws or
ordinances.
(d) Any applicant to whom a variance is granted shall be given written
notice specifying the difference between
the base flood elevation and the elevation to which the structure is
to be built and a written statement that the
cost of flood insurance will be commensurate with the increased
risk resulting from this reduced lowest floor
elevation. Such notification shall be maintained with a record of all
variance actions.
(e) The local administrator shall maintain the records of all appeal
actions and report any variances to the
Federal Emergency Management Agency upon request.
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTIONGENERAL STANDARDS
A.
(1) All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or 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 or substantial improvements shall be constructed
by methods and practices that minimize flood damages;
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(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;
(5) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters 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;
and,
(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) Non-conforming Buildings or Uses. Non-conforming buildings or uses
may not be enlarged, replaced, or rebuilt unless such enlargement or
reconstruction is accomplished in conformance with the provisions of
this ordinance. Provided, however 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 Zone, provided that the bulk of
the building or structure below base flood elevation in the Floodway
Zone is not increased and provided that such repair, reconstruction, or
replacement meets all of the other requirements of this ordinance.
SECTIONSPECIFIC STANDARDS
B.
In all areas of special flood hazard where base flood elevation data has
been provided, as set forth in Article 3, Section B, or Article 4, Section C
(10), the following provisions are required:
(1) Residential Construction. New construction or substantial
improvement of any residential structure (including manufactured
homes) shall have the lowest floor, including basement, elevated no
lower than one (1) foot above the base flood elevation. Should solid
foundation perimeter walls be used to elevate a structure, openings
sufficient to facilitate the unimpeded movements of flood waters shall
be provided.
(2) Non-Residential Construction. New construction or substantial
improvement of any commercial, industrial, or non-residential structure
(including manufactured homes) shall have the lowest floor, including
basement, elevated no lower than one (1) foot above the level of the
base flood elevation. Structures located in A-zones may be
floodproofed in lieu of elevation provided that all areas of the
structure below the required elevation are watertight with walls
substantially impermeable to the passage of water, using
structural components having the capability of resisting hydrostatic
and hydrodynamic loads and the effect of buoyancy. A registered
professional engineer or architect shall certify that the standards of
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this subsection are satisfied. Such certification shall be provided to
the official as set forth in Article 4, Section B (7).
(3) Manufactured Homes.
(a) Manufactured homes that are placed or substantially improved
on sites: (i) outside a manufactured home park or subdivision; (ii) in a
new manufactured home park or subdivision; (iii) in an expansion to
an existing manufactured home park or subdivision; or, (iv) in an
existing manufactured home park or subdivision on which a
manufactured home has incurred “substantial damage” as the result of
a flood, must be elevated on a permanent foundation such that the
lowest floor of the manufactured home is elevated no lower than one
(1) foot above the base flood elevation and be securely anchored to
an adequately anchored foundation system to resist flotation, collapse,
and lateral movement.
(b) Manufactured homes that are to be placed or substantially
improved on sites in an existing manufactured home park or
subdivision that are not subject to the provisions of Article 5, Section B
(3a) of this ordinance must be elevated so that the lowest floor of the
manufactured home is elevated no lower than one (1) foot above the
base flood elevation, and be securely anchored to an adequately
anchored foundation to resist flotation, collapse, and lateral
movement.
(c) Manufactured homes shall be anchored to prevent flotation,
collapse, or lateral movement. For the purpose of this requirement,
manufactured homes must be anchored to resist flotation, collapse, or
lateral movement in accordance with the Regulations for Mobile
Homes and Modular Housing 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 at least 36
inches or less above the grade at the sight, the chassis shall be
supported by reinforced piers or other foundation elements of at least
equivalent strength. When the elevation of the chassis is above 36
inches in height an engineering certification is required.
(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 local
administrator and the local Emergency Management Coordinator.
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(4) Recreational Vehicles. A recreational vehicle is ready for highway use
if it is on wheels or jacking system, is attached to the site only by
quick-disconnect type utilities and security devices, and has no
permanently attached additions. Recreation vehicles placed on sites
shall either:
(a)
be on site for fewer than 180 consecutive days;
(b)
be fully licensed and ready for highway use; or
(c) meet the requirements of Article 4, Section B and Article 5,
Sections A and B (3).
(5) Elevated Buildings. New construction or substantial improvements of
elevated buildings that include fully enclosed areas that are usable
solely for the parking of vehicles, building access or storage in an area
other than a basement and which are subject to flooding shall be
designed to preclude finished living space and be designed to
automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters.
(a) Designs for complying with this requirement must either be
certified by a professional engineer or architect or meet the following
minimum criteria:
(i) Provide a minimum of two openings having a total net area of
not less than one square inch for every
square foot of enclosed area subject to flooding;
(ii) The bottom of all openings shall be no higher than one foot
above grade; and,
(iii) Openings may be equipped with screens, louvers, valves, or
other coverings or devices provided they
permit the automatic flow of floodwaters in both directions.
(b) Access to the enclosed area shall be the minimum necessary to
allow for parking of vehicles (garage door) or limited storage of
maintenance equipment used in connection with the premises
(standard exterior door) or entry to the living area (stairway or
elevator).
(c) The interior portion of such enclosed and shall not be partitioned
or finished into separate rooms, except to enclose storage areas.
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(6) Temporary Structures. Prior to the issuance of a development permit,
for a temporary structure, the following requirements must be met:
(a) All applicants must submit to the local administrator prior to the
issuance of the development permit a plan for the removal of such
structure(s) in the event of a hurricane or flash flood warning
notification. The plan must include the following information:
(i) a specified time period for which the temporary use will be
permitted;
(ii) the name, address and phone number of the individual
responsible for the removal of the temporary
structure;
(iii) 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);
(iv) a copy of the contract or other suitable instrument with a
trucking company to insure the availability of
removal equipment when needed; and,
(v) designation, accompanied by documentation, of a location
outside the floodplain to which the temporary
structure will be moved.
(b) The above information shall be submitted in writing to the local
administrator for review and written approval.
(7) Accessory Structure. When accessory structures (sheds, detached
garages, etc.) with a value of $3,000 or less, are to be placed in the
floodplain the following criteria shall be met:
(a) Accessory structures shall not be used for human habitation
(including work, sleeping, living, cooking or
restroom areas);
(b) Accessory structures shall be designed to have low flood damage
potential;
(c) Accessory structures shall be constructed and placed on the
building site so as to offer the minimum
resistance to the flow of floodwaters;
(d) Accessory structures shall be firmly anchored in accordance with
Article 5, Section A (1);
(e) Service facilities such as electrical and heating equipment shall
be installed in accordance with Article 5,
Section A (4); and,
(f) Openings to relieve hydrostatic pressure during a flood shall be
provided below base flood elevation in
conformance with Article 5, Section B (5).
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(8) Floodways. Located within areas of special flood hazard established
in Article 3, Section B, are areas designated as floodways. The
floodway is an extremely hazardous area due to the velocity of flood
waters which carry debris and potential projectiles and has erosion
(a) No encroachments, including fill, new construction, substantial
improvements and other developments shall be permitted unless it
has been demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the
proposed encroachment would not result in any increase in the flood
levels during the occurrence of the base flood. Such certification and
technical data shall be presented to the local administrator.
(b) If Article 5, Section B (8)(a) is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard
reduction provisions of Article 5.
(c) No manufactured homes shall be permitted, except in an existing
manufactured home park or subdivision. A replacement manufactured
home may be placed on a lot in an existing manufactured home park
or subdivision provided the anchoring and the elevation standards of
Article 5, Section B (3) are met.
SECTIONSTANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE
C.
FLOOD ELEVATIONS AND/OR FLOODWAYS
Located within the areas of special flood hazard established in Article 3,
Section B, are small streams where no base flood data has been provided
or where no floodways have been identified. The following provisions
apply within such areas:
(1) No encroachments, including fill, new construction, substantial
improvements or new development shall be permitted within a
distance of the stream bank equal to the setback established by the
Coastal Area Management Act (CAMA) regulations. Where no
setback is established by CAMA regulations, the area of no
encroachment shall be twenty (20) feet each side from top of bank,
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) If Article 5, Section C (1) is satisfied and base flood elevation data is
available from other sources, all new construction and substantial
improvements within such areas shall comply with all applicable flood
hazard ordinance provisions of Article 5 and shall be elevated or
floodproofed in accordance with elevations established in accordance
with Article 4, Section C (10). When base flood elevation data is not
available from a Federal, State, or other source, the lowest floor,
including basement, shall be elevated at least two (2) feet above the
SECTIONSTANDARDS FOR SUBDIVISION PROPOSALS
D.
200
(1) All subdivision proposals shall be consistent with the need to minimize
flood damage;
(2) All subdivision proposals shall have public utilities and facilities such
as sewer, gas, electrical, and water systems located and constructed
to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood hazards; and,
(4) Base flood elevation data shall be provided for subdivision proposals
and other proposed development which is greater than the lesser of
fifty lots or five acres.
SECTIONSTANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES)
E.
Section B, are areas designated as shallow flooding. 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. The following provisions
shall apply within such areas:
(1) All new construction and substantial improvements of residential
structures shall have the lowest floor, including basement, elevated to
the depth number specified on the Flood Insurance Rate Map, in feet,
above the highest adjacent grade. If no depth number is specified, the
lowest floor, including basement, shall be elevated at least two (2) feet
above the highest adjacent grade.
(2) All new construction and substantial improvements of non-residential
structures shall:
(a) have the lowest floor, including basement, elevated to the depth
number specified on the Flood Insurance
Rate Map, in feet, above the highest adjacent grade. If no depth
number is specified, the lowest floor,
including basement, shall be elevated at least two (2) feet above
the highest adjacent grade; or,
(b) be completely floodproofed together with attendant utility and
sanitary facilities to or above that level so that
any space below that level is 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.
ARTICLE 6. LEGAL STATUS PROVISIONS
SECTIONEFFECTIVE DATE
A.
This ordinance shall become effective upon adoption.
201
SECTIONADOPTION CERTIFICATION
B.
I hereby certify that this is a true and correct copy of the flood damage
prevention ordinance as adopted by the Board of Commissioners of the
Town of North Wilkesboro on the 5th day of April, 1994.
Conley Call
Conley Call, MAYOR
ATTEST:
Gail M. Harris
TOWN CLERK
202
WILKES COUNTY
NORTH CAROLINA MODEL
Non-Coastal Regular Phase
ARTICLE
1.
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND
OBJECTIVES............................... 1
Section
A.
Statutory
Authorization......................................................................................................................................... 1
Section
B.
Findings
of
Fact.................................................................................................................................................... 1
Section
C.
Statement
of
Purpose......................................................................................................................................... 1
Section
D.
Objectives...........................................................................................................................................................
... 2
ARTICLE
2.
DEFINITIONS.....................................................................................................................................................
.... 2
ARTICLE
3.
GENERAL
PROVISIONS...................................................................................................................................... 7
Section
A.
Lands
to
Which
This
Ordinance
Applies......................................................................................................... 7
Section
B.
Basis
for
Establishing
the
Areas
of
Special
Flood
Hazard......................................................................... 8
Section
C.
Establishment
of
Development
Permit........................................................................................................... 8
Section
D.
Compliance.........................................................................................................................................................
.8
Section
E.
Abrogation
and
Greater
Restrictions............................................................................................................... 8
Section
F.
Interpretation.......................................................................................................................................................
.. 8
Section
G.
Warning
and
Disclaimer
of
Liability................................................................................................................. 8
Section
H.
Remedies
and
Violations..................................................................................................................................
8
ARTICLE
4.
ADMINISTRATION....................................................................................................................
............................ 9
Section
A.
Designation
of
Local
Administrator.................................................................................................................. 9
Section
B.
Development
Permit
and
Certification
Requirements................................................................................. 9
203
Section
C.
Fees……………………………………………………………………………………………………………..10
Section
D.
Duties
and
Responsibilities
of
the
Administrator....................................................................................... 11
Section
E.
Administrative
Procedures.............................................................................................................................. 12
Section
F.
Variance
Procedures........................................................................................................................................ 14
ARTICLE
5.
PROVISIONS
FOR
FLOOD
HAZARD
REDUCTION........................................................................................ 16
Section
A.
General
Standards............................................................................................................................................ 16
Section
B.
Specific
Standards............................................................................................................................................ 17
(1)
Residential
Construction......................................................................................................................... 17
(2)
Non-Residential
Construction................................................................................................................ 17
(3)
Manufactured
Homes............................................................................................................................... 17
(4)
Recreational
Vehicles.............................................................................................................................. 18
(5)
Elevated
Buildings.................................................................................................................................... 18
(6)
Temporary
Structures............................................................................................................................... 19
(7)
Accessory
Structures................................................................................................................................ 19
(8)
Floodways.................................................................................................................................................. 20
Section C.
Standards for Streams without Established Base Flood Elevations and/or
Floodways..................... 21
Section
D.
Standards
for
Subdivision
Proposals
and
Major
Developments............................................................. 21
ARTICLE 6.
LEGAL STATUS
PROVISIONS........................................................................................................................
21
Section A. Effect Upon Outstanding Building
Permits................................................................................................. 21
Section B. Effective
Date...........................................................................................................................................
......... 22
Section C. Adoption
Certification................................................................................................................................
...... 22
NON-COAST 01-01
ARTICLE 1.
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND
OBJECTIVES.
SECTION A. STATUTORY AUTHORIZATION.
The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3
and 4 of Article 18 of Chapter 153A; and Article 6 of Chapter 153A of the North Carolina General
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Statutes, delegated the responsibility to local governmental units to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry.
Therefore, the Board of Commissioners of Wilkes County, North Carolina, does ordain as follows:
SECTION B. FINDINGS OF FACT.
(1)
The flood hazard areas of Wilkes County are subject to periodic inundation which results in
loss of life, property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures of flood protection and relief, and impairment of
the tax base, all of which adversely affect the public health, safety, and general welfare.
(2)
These flood losses are caused by the cumulative effect of obstructions in floodplains
causing increases in flood heights and velocities, and by the occupancy in flood hazard
areas by uses vulnerable to floods or hazardous to other lands which are inadequately
elevated, floodproofed, or otherwise unprotected from flood damages.
SECTION C. STATEMENT OF PURPOSE.
It is the purpose of this Ordinance to promote the public health, safety, and general welfare and to
minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
(1)
restrict or prohibit uses which are dangerous to health, safety, and property due to
water or erosion hazards, or which result in damaging increases in erosion or in flood
heights
or
velocities;
(2)
require that uses vulnerable to floods, including facilities which 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 flood waters;
(4)
control filling, grading, dredging, and other development which may increase erosion or
flood damage; and,
(5)
prevent or regulate the construction of flood barriers which will unnaturally divert flood
waters or which may increase flood hazards to other lands.
SECTION D. OBJECTIVES.
The objectives of this Ordinance are:
(1)
to protect human life and health;
(2)
to minimize expenditure of public money for costly flood control projects;
(3)
to minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4)
to minimize prolonged business interruptions;
(5)
to minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets, and bridges located in floodplains;
205
(6)
to help maintain a stable tax base by providing for the sound use and development of flood
prone areas in such a manner as to minimize flood blight areas; and,
(7)
to insure that potential home buyers are notified that property is in a flood 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" means a structure which is located on the same parcel of property as the
principal structure, the use of which is incidental to the use of the principal structure. Garages,
carports, and storage sheds are common urban accessory structures. Pole barns, hay sheds and
the like qualify as accessory structures on farms, and may or may not be located on the same
parcel
as
the
farm
dwelling
or
shop
building.
"Addition (to an existing building)" means an extension or increase in the floor area or height of a
building or structure. Additions to existing buildings shall comply with the requirements for new
construction, unless the addition, renovation, or reconstruction to any building was constructed
prior to the initial Flood Insurance Study for that area, and the addition, renovation, or
reconstruction does not equal 50 percent of the present market value of the structure. Where a
fire wall is provided between the addition and the existing building, the addition(s) shall be
considered a separate building and must comply with the standards for new construction.
“Administrator” shall have the meaning set forth in Article 4, Section A of this Ordinance.
"Appeal" means a request for a review of the administrator's interpretation of any provision of this
Ordinance.
"Area of special flood hazard" is the land in the floodplain within a community subject to a one
percent or greater chance of being flooded in any given year.
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any
given year.
"Basement" means, for floodplain management purposes, any area of the building having its
floor subgrade (below ground level) on all sides.
"Building" means any structure built for support, shelter, or enclosure for any occupancy or
storage.
“County” means the County of Wilkes.
"Development" means, for floodplain management purposes, 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.
"Elevated building" means, for floodplain management purposes, a non-basement building which
has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts,
piers, pilings, or columns.
"Existing construction" means, for the purposes of determining rates, structures for which the start
of construction occurred before the effective date of the FIRM or before January 1, 1975, for
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FIRMs effective before that date. "Existing construction" may also be referred to as "existing
structures".
"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) is completed
prior
to
the
effective
date
of
this
Ordinance.
"Expansion to an existing manufactured home park or subdivision" means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and either
"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; or
(2)
the unusual and rapid accumulation of runoff of surface waters from any source.
"Flood Hazard Boundary Map (FHBM)” means an official map of a community, issued by the
Federal Emergency Management Agency, where the boundaries of the areas of special flood
hazard have been defined as Zone A.
"Flood Insurance Rate Map (FIRM)” means an official map of a community, on which the Federal
Emergency Management Agency has delineated both the areas of special flood hazard and the
risk premium zones applicable to the community.
"Flood Insurance Study” is the engineering study performed by the Federal Emergency
Management Agency to identify flood hazard areas, flood insurance risk zones, and other flood
data in a community. The study includes Flood Boundary and Floodway Maps (FBFMs), Flood
Hazard Boundary Maps (FHBMs), and/or Flood Insurance Rate Maps (FIRMs).
"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 foot.
"Floor” means the top surface of an enclosed area in a building (including basement), i.e.,
top of slab in concrete slab construction or top of wood flooring in wood frame construction. The
term does not include the floor of a garage used solely for parking vehicles.
"Functionally dependent facility" means a facility which cannot be used for its intended purpose
unless it is located or carried out in close proximity to water, such as a docking or port facility
necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or
seafood processing facilities. The term does not include long-term storage, manufacture, sales,
or service facilities.
"Highest adjacent grade" means the highest natural elevation of the ground surface, prior to
construction, 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
207
Secretary to qualify as a registered historic district; (c) individually listed on a State inventory of
historic places; (d) individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified (1) by an approved state program as
determined by the Secretary of Interior, or (2) directly by the Secretary of Interior in states without
approved programs.
“Lowest floor” means, for floodplain management and flood insurance purposes, 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 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" as defined hereinbelow.
"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, or a “mobile home park” as defined by
any County ordinance or ordinances governing the same.
"Mean sea level" means, for purposes of the NFIP, the National Geodetic Vertical Datum (NGVD)
of 1929 or other datum, to which base flood elevations shown on a FIRM are referenced.
"New construction" means, for floodplain management purposes, structures for which the start of
construction occurred on or after the effective date of this Ordinance and includes any
subsequent improvements to such structures.
"New manufactured home park or 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 slabs) is completed on or after the effective
date of this Ordinance.
"Nonconforming building or use" means any legally existing building or use which fails to comply
with the provisions of the Ordinance.
"Recreational vehicle” 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.
"Remedy a violation" means to bring the structure or other development into compliance with
State or local 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.
"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, or improvement was within 180 days of the permit date. The actual start means the first
placement of permanent construction of a structure (including a manufactured home) on a site,
such as the pouring of slabs or footings, installation of piles, construction of columns, or any work
beyond the stage of excavation or the placement of a manufactured home on a foundation.
208
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, for floodplain management purposes, a walled and roofed building, a
manufactured home, a gas or liquid storage tank, or other man-made facility or infrastructure that
is principally above ground.
"Substantial damage" means damage of any origin sustained by a structure 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 repair, reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which 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: (1) any project of improvement of a structure to correct
existing violations of State or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum necessary to assure
safe living conditions; or, (2) any alteration of a historic structure, provided that the alteration will
not
preclude
the
structure's
continued
designation
as
a
historic
structure.
"Substantially improved existing manufactured home park or subdivision" means where the
repair, reconstruction, rehabilitation, or improvement of the streets, utilities and pads equals or
exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction,
or improvement commenced.
"Variance" is a grant of relief to a person from the requirements of this Ordinance which permits
construction in a manner otherwise prohibited by this Ordinance where specific enforcement
would result in unnecessary hardship.
"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.
ARTICLE 3. GENERAL PROVISIONS.
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES.
This Ordinance shall apply to all areas of special flood hazard within the jurisdiction of Wilkes
County and outside the extraterritorial jurisdiction of municipalities located within the County.
This Ordinance shall further apply to all areas of special flood hazard within the extraterritorial
jurisdiction of such a municipality if the municipality requests the same in accordance with the
requirements of (1) State law, and (2) any applicable Federal law, rules, or regulations.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
The Areas of Special Flood Hazard are those identified by the Federal Emergency Management
Agency (FEMA) in its Flood Insurance Study and Flood Insurance Rate Map(s) for Wilkes County
dated May 15, 1991, which with accompanying supporting data, and any revision thereto,
209
including Letters of Map Amendment or Revision, are adopted by reference and declared to be a
part of this Ordinance. The Areas of Special Flood Hazard also include those defined through
standard engineering analysis for private developments or by governmental agencies, but which
have not yet been incorporated in the FIRM. This includes detailed flood information generated
as a requirement of Article 4, Section D (10) this Ordinance.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT.
A Development Permit shall be required in conformance with the provisions of this Ordinance
prior to the commencement of any development activities.
SECTION D. COMPLIANCE.
No structure or land shall hereafter be located, extended, converted, or structurally altered
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 any other ordinance conflict or overlap,
the one which imposes the more stringent restrictions shall prevail.
SECTION F. INTERPRETATION.
In the interpretation and application of this Ordinance, all provisions shall be: (1) considered as
minimum requirements; (2) liberally construed in favor of the governing body; and, (3) deemed
neither to limit nor repeal any other powers granted under state statutes.
SECTION G. WARNING AND DISCLAIMER OF LIABILITY.
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 on rare occasions. Flood heights may be increased by man-made or natural causes. This
Ordinance does not imply that land outside the areas of special flood hazard or uses permitted
within such areas will be free from flooding or flood damages. This Ordinance shall not create
liability on the part of the County or any officer, employee, agent, or representative thereof for any
flood damages that result from reliance on this Ordinance or any administrative decision lawfully
made hereunder.
SECTION H. REMEDIES AND PENALTIES FOR VIOLATION.
Violation of the provisions of this Ordinance or failure to comply with any of its requirements,
including violation of conditions and safeguards established in connection with grants of variance
or special exceptions, shall constitute a Class 3 misdemeanor under NCGS §14-4. Each day
such violation continues shall be considered a separate offense. Nothing herein contained shall
prevent the County from taking such other lawful action as is necessary to prevent or remedy any
violation, and to that end the provisions of NCGS §153A-123 are hereby made applicable under
this Ordinance.
ARTICLE
4.
ADMINISTRATION.
SECTION A. DESIGNATION OF ADMINISTRATOR.
The Wilkes County Planning Department, hereinafter referred to as the "administrator", is hereby
appointed to administer and implement the provisions of this Ordinance. The Planning
Department may secure the assistance of the Wilkes County Building Inspections Department in
210
administering and implementing the provisions hereof, and references in this Ordinance to the
“administrator” shall be deemed to also include the Building Inspections Department.
SECTION B. DEVELOPMENT PERMIT AND CERTIFICATION REQUIREMENTS.
Application for a Development Permit shall be made to the administrator on forms furnished by
the administrator prior to any development activities. The Development Permit shall include, but
not be limited to, plans in duplicate drawn to scale showing: the nature, location, dimensions, and
elevations of the area in question; existing or proposed structures; and the location of fill
materials, storage areas, and drainage facilities. Specifically, the following information is
required:
(1)
A plot plan that shows the 100 year floodplain contour or a statement that the entire lot is
within the floodplain must be provided by the Development Permit applicant when the lot is
within or appears to be within the floodplain as mapped by the Federal Emergency
Management Agency or the floodplain identified pursuant to either Article 4, Section D(10)
or Article 5, Sections C and D. The plot plan must be prepared by or under the direct
supervision of a professional land surveyor or professional engineer and certified by same.
(2)
The plot plan required by Article 4, Section B(1) must show the floodway as identified by the
Federal Emergency Management Agency or pursuant to either Article 4, Section D(10) or
Article 5, Section C, or the setback required for streams without designated floodways as
required by Article 5, Section C(2).
(3)
Where base flood elevation data is provided as set forth in Article 3 Section B, or Article 4,
Section C(10), the application for a Development Permit within the flood hazard area shall
show:
(a) the elevation (in relation to mean sea level) of the lowest floor (including basement) of
all new and substantially improved structures, and
(b)
if the non-residential structure will be floodproofed in accordance with Article 5,
Section B(2), the elevation (in relation to mean sea level) to which the structure will
be floodproofed.
(4)
Where the base flood elevation data is not provided, the application for a development
permit must show construction of the lowest floor at least 2 feet above the highest adjacent
grade.
(5)
Where any watercourse will be altered or relocated as a result of proposed development,
the application for a Development Permit shall include: a description of the extent of
watercourse alteration or relocation; 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 showing the location of the proposed
watercourse alteration or relocation.
(6)
When a structure is floodproofed, the applicant shall provide a Floodproofing Certificate
(FEMA Form 81-65) from a professional engineer or architect that the non-residential
floodproofed structure meets the floodproofing criteria in Article 5, Section B(2).
(7)
An Elevation Certificate (FEMA Form 81-31) or a Floodproofing Certificate (FEMA Form 8165) is required after the lowest floor is completed. Within twenty-one(21) calendar days of
establishment of the lowest floor elevation, or floodproofing by whatever construction
means, whichever is applicable, it shall be the duty of the permit holder to submit to the
administrator a certification of the elevation of the lowest floor or floodproofed elevation,
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whichever is applicable, as built, in relation to mean sea level. Said certification shall be
prepared by or under the direct supervision of a professional land surveyor or professional
engineer and certified by same. When flood-proofing is utilized for a particular building,
said certification shall be prepared by or under the direct supervision of a professional
engineer or architect and certified by same. Any work done within the twenty-one (21) day
calendar period and prior to submission of the certification shall be at the permit holder’s
risk. The administrator shall review the floor elevation survey data submitted. Deficiencies
detected by such review shall be corrected by the permit holder immediately and prior to
further progressive work being permitted to proceed. Failure to submit the survey or failure
to make said corrections required hereby shall be cause to issue a stop-work order for the
project.
SECTION C. FEES.
An application fee shall accompany each application for a Development Permit under this
Ordinance, in such amount as shall have been approved by the Wilkes County Board of
Commissioners, made payable to the County of Wilkes. In addition, should the administrator
deem it necessary to obtain the services of a professional engineer, professional surveyor, or
other consultant in order to assist with a determination as to whether the technical aspects of this
Ordinance have been met, any reasonable costs incurred by the County for the same shall be
reimbursed by the applicant directly to the County (and submitted to the administrator) prior to the
issuance of a Development Permit, or, at the administrator’s election, paid to the County by the
applicant prior to the County’s incurring said costs (based on such estimate of said costs as shall
have been obtained by the administrator). Nothing herein shall alter the authority of the
administrator to require that such information be furnished by the applicant pursuant to Section
D(10) of this Article 4.
SECTION D. DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR.
Duties of the administrator shall include, but not be limited to:
(1)
Review all development permits to assure that the requirements of this Ordinance have
been satisfied.
(2)
Advise permittee that additional Federal or State permits may be required, and if specific
Federal or State permits are known, require that copies of such permits be provided and
maintained on file with the Development Permit.
(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.
(4)
Assure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood-carrying capacity is not diminished.
(5)
Prevent encroachments within floodways unless the certification and flood hazard reduction
provisions of Article 5 are met.
(6)
Obtain actual elevation (in relation to mean sea level) of the lowest floor (including
basement) of all new or substantially improved structures, in accordance with Article 4,
Section B(7).
(7)
Obtain the actual elevation (in relation to mean sea level) to which the new or substantially
improved structures have been floodproofed, in accordance with Article 4, Section B(7).
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(8)
When floodproofing is utilized for a particular structure, obtain certifications from a
professional engineer or architect in accordance with Article 5, Section B(2).
(9)
Where interpretation is needed as to the exact location of boundaries of the areas of
special flood hazard (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.
(10)
When base flood elevation data or floodway data has not been provided in accordance
with Article 3, Section B, obtain, review, and reasonably utilize any base flood elevation,
data and floodway data available from a Federal, State, or other source, including data
developed pursuant to Article 5, Section D(4), in order to administer the provisions of this
Ordinance. The administrator may require the applicant or permittee, at the applicant’s or
permittee’s expense, to obtain and furnish data from a professional engineer,
professional surveyor, or other consultant satisfying the requirements of this subsection
(10).
(11)
When the exact location of boundaries of the areas special flood hazards conflict with the
current, natural topography information at the site the property owner may apply and be
approved for a Letter of Map Amendment (LOMA) by FEMA. A copy of the Letter of Map
Amendment issued from FEMA will be maintained by the administrator in the permit file.
(12)
Make on-site inspections of projects in accordance with Article 4, Section E.
(13)
Serve notices of violations, issue stop-work orders, revoke permits and take corrective
actions in accordance with Article 4, Section E.
(14)
Maintain all records pertaining to the administration of this Ordinance and make these
records available for public inspection.
SECTION
E.
ADMINISTRATIVE
PROCEDURES.
(1)
Inspections of Work in Progress: As the work pursuant to a permit progresses, the
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 administrator has a right, upon
presentation of proper credentials, to enter on any premises within the territorial jurisdiction
at any reasonable hour for the purposes of inspection or other enforcement action.
(2)
Stop-Work Orders: Whenever a building or part thereof is being constructed,
reconstructed, altered, or repaired in violation of this Ordinance, the administrator may
order the work to be immediately stopped. The stop-work order shall be in writing and
directed to the person doing the work. The stop-work order shall state the specific work to
be stopped, the specific reasons for the stoppage, and the conditions under which the
work may be resumed. Violation of a stop-work order constitutes a misdemeanor.
(3)
Revocation of Permits: The administrator may revoke and require the return of the
Development Permit by notifying the permit holder in writing stating the reason for the
revocation. Permits shall be revoked for any substantial departure from the approved
application, plans, or 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
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permit. Any permit mistakenly issued in violation of an applicable State or local law may
also be revoked.
(4)
Periodic Inspections: The administrator and each member of his 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
(5)
Violations to be Corrected: When the administrator finds violations of applicable State and
local laws, it shall be his 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 in
(6)
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 administrator shall give him written notice, by
certified or registered mail to his last known address or by personal service,
(a) that the building or property is in violation of the Flood Damage Prevention Ordinance;
(b) that a hearing will be held before the administrator at a designated place and time, not
later than 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 administrator may issue such order to alter, vacate, or
demolish the building; or to remove fill as appears appropriate.
(7)
Order to Take Corrective Action: If, upon a hearing held pursuant to the notice prescribed
above, the administrator shall find that the building or development is in violation of the
Flood Damage Prevention Ordinance, he shall make an order in writing to the owner,
requiring the owner to remedy the violation within such period, not less than 60 days, as
the administrator may prescribe; provided, that where the administrator finds that there is
imminent danger to life or other property, he may order that corrective action be taken in
such lesser period as may be feasible.
(8)
Appeal: Any owner who has received an order to take corrective action may appeal
from the order to the Board of Adjustment by giving notice of appeal in writing to the Wilkes
County Planning Department within 10 days following issuance of the final order. In the
absence of an appeal, the order shall be final. The Board of Adjustment shall hear an
appeal within a reasonable time and may affirm, modify and affirm, or reverse the order.
(9)
Failure to Comply with Order: If the owner of a building or property fails to comply with an
order to take corrective action from which no appeal has been taken, or fails to comply
with an order of the governing body following an appeal, he shall be guilty of a
misdemeanor and shall be subject to those penalties and remedies as are set forth in
Article 3, Section H above.
SECTION F. VARIANCE PROCEDURES.
(1)
The Board of Adjustment as established by Wilkes County, hereinafter referred to as the
"appeal board", shall hear and decide requests for variances from the requirements of this
Ordinance.
(2)
Any person aggrieved by the decision of the appeal board may appeal such decision to the
Court, as provided in Chapter 7A of the North Carolina General Statutes.
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(3)
Variances may be issued for 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 the variance is the minimum necessary to
(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;
(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, 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
flood waters 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 of this Ordinance.
(7)
Variances shall not be issued within any designated floodway if any increase in flood levels
during the base flood discharge would result.
(8)
Conditions for Variances:
(a) Variances may 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 only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(c)
Variances shall only be issued upon:
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(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, extraordinary public
expense, create nuisance, cause fraud on or victimization of the public, or
conflict with existing local laws or Ordinances.
(d) Any applicant to whom a variance is granted shall be given written notice specifying
the difference between the base flood elevation and the elevation to which the
structure is to be built and a written statement that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced lowest floor
elevation. Such notification shall be maintained with a record of all variance actions.
(e)
The administrator shall maintain the records of all appeal actions and report any
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION.
SECTION A. GENERAL STANDARDS.
(1)
All new construction and substantial improvements shall be anchored to prevent flotation,
collapse, or 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 or 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.
(5)
All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system.
(6)
New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters 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)
Non-Conforming Buildings or Uses. Non-conforming buildings or uses may not be
enlarged, replaced, or rebuilt unless such enlargement or reconstruction is accomplished
in conformance with the provisions of this Ordinance. Provided, however, nothing in this
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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 or stream setback, provided that the bulk of the building or structure below base
flood
elevation
in
the
floodway
or
stream
setback is not increased and provided that such repair, reconstruction, or replacement
meets all of the other requirements of this Ordinance.
SECTION B. SPECIFIC STANDARDS.
In all areas of special flood hazard where base flood elevation data has been provided, as set
forth in Article 3, Section B, or Article 4, Section D(10), the following provisions are required:
(1)
Residential Construction. New construction or substantial improvement of any residential
structure (including manufactured homes) shall have the lowest floor, including basement,
elevated no lower than two (2) feet above the base flood elevation.
Should solid foundation perimeter walls be used to elevate a structure, openings sufficient
to facilitate the unimpeded movements of flood waters shall be provided.
(2)
Non-Residential Construction. New construction or substantial improvement of any
commercial, industrial, or non-residential structure shall have the lowest floor, including
basement, elevated no lower than two (2) feet above the level of the base flood
elevation. Structures located in A Zones may be floodproofed to the flood protection level
in lieu of elevation provided that all areas of the structure below the required elevation are
watertight with walls substantially impermeable to the passage of water, using structural
components having the capability of resisting hydrostatic and hydrodynamic loads and
the effect of buoyancy. A professional engineer or architect shall certify that the
standards of this subsection are satisfied. Such certification shall be provided to the
official as set forth in Article 4, Section B(7).
(3)
Manufactured
Homes.
(a) Manufactured homes that are placed or substantially improved on sites (i) outside a
manufactured home park or subdivision; (ii) in a new manufactured home park or
subdivision; (iii) in an expansion to an existing manufactured home park or
subdivision; or, (iv) in an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as the result of a flood, must
be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated no lower than two (2) feet above the base flood
elevation and be securely anchored to an adequately anchored foundation system to
resist flotation, collapse, and lateral movement.
(b) Manufactured homes that are to be placed or substantially improved on sites in an
existing manufactured home park or subdivision that are not subject to the provisions
of subsection (3)(a) above must be elevated on reinforced piers or other structural
elements so that the lowest floor of the manufactured home is no lower than two (2)
feet above the base flood elevation and be securely anchored to an adequately
anchored foundation to resist flotation, collapse, and lateral movement.
(c)
Manufactured homes shall be anchored to prevent flotation, collapse, or lateral
movement. For the purpose of this requirement, manufactured homes must be
anchored to resist flotation, collapse, or lateral movement in accordance with the
State of North Carolina Regulations for Manufactured/Mobile Homes, 1995
Edition, and any revision thereto adopted by the Commissioner of Insurance
pursuant to NCGS §143-143.15. Additionally, when the elevation would be met by
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an elevation of the chassis 36 inches or less above the grade at the site, the chassis
shall be supported by reinforced piers or other foundation elements of at least
equivalent strength. When the elevation of the chassis is above 36 inches in height
an engineering certification is required.
(d)
(4)
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 administrator and the local Emergency Management coordinator.
Recreational Vehicles. A recreational vehicle is ready for highway use if it is on wheels or
jacking system, is attached to the site only by quick-disconnect type utilities and security
devices, and has no permanently attached additions. Recreation vehicles placed on sites
shall either:
(a)
be on site for fewer than 180 consecutive days and be fully licensed and ready for
highway use; or
(b) meet the requirements of Article 4, Section B and Article 5, Sections A and B(3).
(5)
Elevated Buildings. New construction or substantial improvements of elevated buildings
that include fully enclosed areas that are usable solely for the parking of vehicles, building
access or storage in an area other than a basement and which are subject to flooding shall
be designed to preclude finished living space and be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.
(a) Designs for complying with this requirement must either be certified by a professional
engineer or architect or meet the following minimum criteria:
(i)
Provide a minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject to
flooding;
(ii)
The bottom of all required openings shall be no higher than one foot
above grade; and,
(iii)
Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided they permit the automatic flow of
floodwaters in both directions.
(b) Access to the enclosed area shall be the minimum necessary to allow for parking of
vehicles (garage door) or limited storage of maintenance equipment used in
connection with the premises (standard exterior door) or entry to the living area
(stairway or elevator).
(c)
(6)
The interior portion of such enclosed area shall not be partitioned or finished into
separate rooms, except to enclose storage areas.
Temporary Structures. Prior to the issuance of a Development Permit for a temporary
structure the following requirements must be met:
(a)
All applicants must submit to the administrator prior to the issuance of the
Development Permit a plan for the removal of such structure(s) in the event of a
hurricane or flash flood warning notification. The plan must include the following
information:
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(i)
a specified time period for which the temporary use will be permitted;
(ii)
the name, address, and phone number of the individual responsible for
the removal of the temporary structure;
(iii)
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);
(iv)
a copy of the contract or other suitable instrument with a trucking
company to insure the availability of removal equipment when needed;
and
(v)
designation, accompanied by documentation, of a location outside the
floodplain to which the temporary structure will be moved.
(b) The above information shall be submitted in writing to the administrator for review and
written approval.
(7)
Accessory Structures. When accessory structures (sheds, detached garages, etc.) with a
value of $3,000 or less are to be placed in the floodplain, the following criteria shall be met:
(a) Accessory structures shall not be used for human habitation (including work, sleeping,
living, cooking, or restroom areas);
(b) Accessory structures shall be designed to have low flood damage potential;
(c)
Accessory structures shall be constructed and placed on the building site so as to
offer the minimum resistance to the flow of floodwaters;
(d) Accessory structures shall be firmly anchored in accordance with Article 5, Section
A(1);
(8)
(e)
Service facilities such as electrical and heating equipment shall be installed in
accordance with Article 5, Section A(4); and
(f)
Openings to relieve hydrostatic pressure during a flood shall be provided below base
flood elevation in conformance with Article 5, Section B(5).
Floodways. Located within areas of special flood hazard established in Article 3, Section B,
are areas designated as floodways. The floodway is an extremely hazardous area due to
the velocity of flood waters which carry debris and potential projectiles and has erosion
(a)
No encroachments, including fill, new construction, substantial improvements, and
other developments shall be permitted unless it has been demonstrated through
hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that the proposed encroachment would not result in any
increase in the flood levels during the occurrence of the base flood. Such
certification and technical data shall be presented to the administrator.
(b)
If subsection 8(a) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of
Article 5.
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(c)
No manufactured homes shall be permitted, except in an existing manufactured home
park or subdivision. A replacement manufactured home may be placed on a lot in an
existing manufactured home park or subdivision provided the anchoring and the
elevation standards of Article 5, Section B(3) and the encroachment standards of
subsection 8(a) above are met.
SECTION C.
STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASEFLOOD
ELEVATIONS AND/OR FLOODWAYS.
Located within the areas of special flood hazard established in Article 3, Section B, are small
streams where no base flood data has been provided or where no floodways have been
identified. The following provisions apply within such areas:
(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 (5) times the width of the stream, whichever is greater, unless certification with
supporting technical data by a professional engineer is provided demonstrating that such
encroachments will not result in any increase in flood levels during the occurrence of the
base flood discharge.
(2)
If Section C(1) above is satisfied and base flood elevation data is available from other
sources, all new construction and substantial improvements within such areas shall comply
with all applicable flood hazard Ordinance provisions of Article 5 and shall be elevated or
floodproofed in accordance with elevations established in accordance with Article 4,
Section D(10). When base flood elevation data is not available from a Federal, State, or
other source, the lowest floor, including basement, shall be elevated at least two (2) feet
SECTION D. STANDARDS FOR SUBDIVISION PROPOSALS AND MAJOR DEVELOPMENTS.
(1)
Proposals for subdivisions and major developments shall be consistent with the need to
minimize flood damage.
(2)
Proposals for subdivisions and major developments shall have public utilities and facilities
such as sewer, gas, electrical, and water systems located and constructed to minimize
flood damage.
(3)
Proposals for subdivisions and major developments shall have adequate drainage provided
to reduce exposure to flood hazards.
(4)
Base flood elevation data shall be provided for subdivision proposals and other
proposed development which is greater than the lesser of fifty (50) lots or five (5)
acres.
ARTICLE 6. LEGAL STATUS PROVISIONS.
SECTION A. EFFECT UPON OUTSTANDING BUILDING PERMITS.
Nothing herein contained shall require any change in the plans, construction, size, or designated
use of any building, structure, or part thereof for which a building permit has been granted by the
Chief Building Inspector or his authorized agents before the time of passage of this Ordinance;
provided, however, that when construction is not begun under
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such outstanding permit within a period of sixty (60) days subsequent to passage of this
Ordinance, construction or use shall be in conformity with the provisions of this Ordinance.
SECTION B. EFFECTIVE DATE.
This Ordinance shall become effective upon adoption.
SECTION C. ADOPTION CERTIFICATION.
I hereby certify that this is a true and correct copy of the Flood Damage Prevention Ordinance as
adopted by the Board of Commissioners of Wilkes County, North Carolina, on the __________
day of _____________, 2002.
WITNESS my hand and the official seal of Wilkes County, this the
__________________, 2002.
_________________________________
Charles Sink, Chairman,
Wilkes County Board of Commissioners
_______________________________
Alene Faw, Clerk to the
Board of Commissioners
221
day of
TOWN OF WILKESBORO
January 6, 1992
NATIONAL FLOOD INSURANCE
Regular Phase
Article 1.
Statutory Authorization
Findings of Fact
Purpose and Objectives
Article 4. Administration
Designation of Local Administrator
Development of Permit and Certification
Requirements
Duties and Responsibilities of the Local
Administrator
Administrative Procedures
Variance Procedures
Article 2.
Definitions
Article 3. General Provisions
Lands to which this ordinance applies
Basis for establishing the areas of Special
Flood Hazard
Establishment of Development Permit
Compliance
Abrogation and Greater Restrictions
Interpretation
Warning and Disclaimer of Liability
Penalties for Violation
Article 5. Provisions for Flood Hazard
Reduction
General Standards
Specific Standards
Standards for Streams without established
base flood elevations
Standards for Subdivision Proposals
Standards for areas of shallow flooding
ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND
OBJECTIVES
SECTION
STATUTORY AUTHORIZATION
A.
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 the
responsibility to local governmental units to adopt regulations designed to
promote the public health; safety, and general welfare of its citizenry.
Therefore, the Town Council of the Town of Wilkesboro, North Carolina
does ordain as follows:
SECTIONFINDINGS OF FACT
B.
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(1) The flood hazard areas of Town of Wilkesboro 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 hazard areas by uses vulnerable to floods or
hazardous to other lands which are inadequately elevated, floodproofed,
or otherwise unprotected from flood damages.
SECTIONSTATEMENT OF PURPOSE
C.
It is the purpose of this ordinance to promote the public health, safety, and
general welfare and to minimize public and private losses due to flood
conditions in specific areas by provisions designed to:
1)
restrict or prohibit uses which are dangerous to health, safety, and
property due to water or erosion hazards, or which result in damaging
increases in erosion or in flood heights or velocities;
2)
require that uses vulnerable to floods, including facilities which 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 flood
waters;
4)
control filling, grading, dredging, and other development which may
increase erosion or flood damage; and,
5)
prevent or regulate the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards to other lands.
SECTIONOBJECTIVES
D.
The objectives of this ordinance are:
1)
to protect human life and health;
2)
to minimize expenditure of public money for costly flood control projects;
3)
to minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
4)
to minimize prolonged business interruptions;
5)
to minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets, and bridges located in
floodplains;
223
6)
to help maintain a stable tax base by providing for the sound use and
development of flood prone areas in such a manner as to minimize flood
blight areas; and,
7)
to insure that potential home buyers are notified that property is in a flood
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.
“Appeal” means a request from a review of the local administrator’s
interpretation of any provision of this ordinance.
“Addition (to an existing building)” means any walled and roofed
expansion to the perimeter of a building in which the addition is connected
by a common load-bearing wall other than a fire wall. Any walled and
roofed addition which is connected by a fire wall or is separated by
independent perimeter load-bearing walls is new construction.
“Area of shallow flooding” means a designated AO or VO Zone on a
community’s Flood Insurance Rate Map (FIRM) with base flood depths
from one to three feet 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” is the land in the floodplain within a
community subject to a one percent or greater chance of being equaled or
exceeded in any given year.
“Base flood” means the flood having a one percent chance of being
equaled or exceeded in any given year.
“Basement” means that lowest level or story which has its floor subgrade
on all sides.
“Breakaway wall” means a wall that is not part of the structural support of
the building and is intended through its design and construction to
collapse under specific lateral loading forces without causing damage to
the elevated portion of the building or the supporting foundation system. A
breakaway wall shall have a design safe loading resistance of not less
than 10 and no more than 20 pounds per square foot. A wall with loading
resistance of more than 20 pounds per square foot requires a professional
engineer or architect’s certificate.
“Building” means any structure built for support, shelter, or enclosure for
any occupancy or storage.
“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.
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“Elevated building” means a non-basement building (a) built, in the case of
a building in Zones A1-A30, AE, A, A99, A0, AH, B, C, or X to have the top
of the elevated floor, or in the case of a building in Zones V1-V30, VE, or
V to have the bottom of the lowest horizontal structural member of the
elevated floor above the ground by means of pilings, columns (posts and
piers), shear walls parallel to the flow of water and, (b) adequately
anchored so as not to impair the structural integrity of the building during a
flood up to the magnitude of the base flood. In the case of Zones A1-A30,
AE, A, A99, AO, AH, B, C, and X, “elevated building” also includes a
building elevated by means of fill or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of flood waters.
In the case of Zones V1-V30, VE, or V, “elevated building” also includes a
building otherwise meeting the definition of “elevated building”, even
though the area below is enclosed by means of breakaway walls if the
breakaway walls meet the standards of Article 5, Section B(5) of this
ordinance.
“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) is completed before the effective date of this
ordinance.
“Expansion to an existing manufactured home park or subdivision” means
the preparation of the additional sites by the construction of facilities for
(including the installation of utilities, the construction of streets, and either
“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,
(2) the unusual and rapid accumulation of runoff of surface waters
from any source.
“Flood Hazard Boundary Map (FHBM)” means an official map of a
community, issued by the Federal Emergency Management Agency,
where the boundaries of the areas of special flood hazard have been
defined as Zone A.
“Flood Insurance Rate Map (FIRM)” means an official map of a
community, on which the Federal Emergency Management Agency has
delineated both the areas of special flood hazard and the risk premium
zones applicable to the community.
“Flood Insurance Study” is the official report provided by the Federal
Emergency Management Agency. The report contains flood profiles, as
well as the Flood Boundary Floodway Map and the water surface
elevation of the base flood.
“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
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than one foot.
“Floor” means the top surface of an enclosed area in a building (including
basement), i.e., top of slab in concrete slab construction or top of wood
flooring in wood frame construction. The term does not include the floor of
a garage used solely for parking vehicles.
“Functionally dependent facility” means a facility which cannot be used for
its intended purpose unless it is located or carried out in close proximity to
water, such as a docking or port facility necessary for the loading and
unloading of cargo or passengers, shipbuilding, ship repair, or seafood
processing facilities. The term does not include long-term storage,
manufacture, sales, or service facilities.
“Highest Adjacent Grade” means the highest natural elevation of the
ground surface, prior to construction, 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 State inventory of
historic places; (d) individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified (1) by an approved state program as determined by the Secretary
of Interior, or (2) directly by the Secretary of Interior in states without
approved programs.
“Levee” means a man-made structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering practices
to contain, control, or divert the flow of water so as to provide protection
from temporary flooding.
“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 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.
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“Mean Sea Level” means the average height of the sea for all stages of
the tide. It is used as a reference for establishing various elevations within
the floodplain. For purposes of this ordinance, the term is synonymous
with National Geodetic Vertical Datum (NGVD).
“National Geodetic Vertical Datum (NGVD)” as corrected in 1929 is a
vertical control used as a reference for establishing varying elevations
within the floodplain.
“New construction” means structures for which the “start of construction
commenced on or after the effective date of this ordinance and includes
any subsequent improvements to such structures.
“New manufactured home park or subdivision” means a manufactured
home park or subdivision for which the construction of facilities for
(including at a minimum the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete slabs) is
completed on or after the effective date of this ordinance.
“Nonconforming building or use” means any legally existing building or use
which fails to comply with the provisions of the ordinance.
“Recreational vehicle” 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.
“Remedy a violation” means to bring the structure or other development
into compliance with State or local 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.
“Start of construction” (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (P.L. 97-348),
includes substantial improvement, and means the date the building permit
was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, or improvement was within 180
days of the permit date. The actual start means the first placement of
permanent construction of a structure (including a manufactured home) on
a site, such as the pouring of slabs or footings, installation of piles,
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
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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, for floodplain management purposes, a walled and
roofed building, a manufactured home, including a gas or liquid storage
tank, or other man-made facilities or infrastructures that are principally
above ground.
“Substantial damage” means damage of any origin sustained by a
structure 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 repair, reconstruction,
rehabilitation, addition, or other improvement of a structure, the cost of
which 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:
(1) any project of improvement of a structure to correct existing violations
of State or local health, sanitary, or safety code specifications which have
been identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions; or, (2) any alteration
of a historic structure, provided that the alteration will not preclude the
structure’s continued designation as a historic structure.
“Substantially improved existing manufactured home park or subdivision”
means where the repair, reconstruction, rehabilitation or improvement of
the streets, utilities and pads equals or exceeds 50 percent of the value of
the streets, utilities and pads before the repair, reconstruction, or
improvement commenced.
“Variance” is a grant of relief to a person from the requirements of this
ordinance which permits construction in a manner otherwise prohibited by
this ordinance where specific enforcement would result in unnecessary
hardship.
“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.
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ARTICLE 3. GENERAL PROVISIONS
SECTIONLANDS TO WHICH THIS ORDINANCE APPLIES
A.
This ordinance shall apply to all areas of special flood hazard within the
jurisdiction of the Town of Wilkesboro.
SECTIONBASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
B.
HAZARD
The areas of special flood hazard identified by the Federal Emergency
Management Agency in its FHBM 370259 0005 C, dated August 29, 1980
with accompanying maps and other supporting data, and any revision
thereto are adopted by reference and declared to be a part of this
ordinance.
SECTIONESTABLISHMENT OF DEVELOPMENT PERMIT
C
A Development Permit shall be required in conformance with the
provisions of this ordinance prior to the commencement of any
development activities.
SECTIONCOMPLIANCE
D.
No structure or land shall hereafter be located, extended, converted, or
structurally altered without full compliance with the terms of this ordinance
SECTIONABROGATION AND GREATER RESTRICTIONS
E.
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.
SECTIONINTERPRETATION
F.
In the interpretation and application of this ordinance all provisions shall
be:
(1) considered as minimum requirements;
(2) liberally construed in favor of the governing body; and,
(3) deemed neither to limit nor repeal any other powers granted under
state statutes.
SECTIONWARNING AND DISCLAIMER OF LIABILITY
G.
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 on rare
occasions. Flood heights may be increased by man-made or natural
causes. This ordinance does not imply that land outside the areas of
special flood hazard or uses permitted within such areas will be free from
flooding or flood damages. This ordinance shall not create liability on the
part of the Town of Wilkesboro or by any officer or employee thereof for
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any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made hereunder.
SECTIONPENALTIES FOR VIOLATION
H.
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 $50.00 or imprisoned for not more than 30
days, or both. Each day such violation continues shall be considered a
separate offense. Nothing herein contained shall prevent the Town of
Wilkesboro from taking such other lawful action as is necessary to prevent
or remedy any violation.
ARTICLE 4. ADMINISTRATION
SECTIONDESIGNATION OF LOCAL ADMINISTRATOR
A.
The Zoning Enforcement Officer is hereby appointed to administer and
implement the provisions of this ordinance.
SECTIONDEVELOPMENT PERMIT AND CERTIFICATION REQUIREMENTS
B.
Application for a Development Permit shall be made to the local
administrator on forms furnished by him or her prior to any development
activities. The Development Permit may include, but not be limited to,
plans in duplicate drawn to scale showing: the nature, location,
dimensions, and elevations of the area in question; existing or proposed
structures; and the location of fill materials, storage areas, and drainage
facilities. Specifically, the following information is required:
(1) Where base flood elevation data is provided in accordance with Article
4, Section C(10), the application for a Development Permit within the
Zone A on the Flood Insurance Rate Map shall show:
(a) the elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new and substantially improved structures,
and;
(b) if the structure has been floodproofed in accordance with Article 5,
Section B(2), the elevation (in relation to mean sea level) to which the
structure was floodproofed.
(2) Where the base flood elevation data is not provided, the application
for a development permit must show construction of the lowest floor at
least 2 feet above the highest adjacent grade.
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(3) Where any watercourse will be altered or relocated as a result of
proposed development, the application for a development permit shall
include: a description of the extent of watercourse alteration or
relocation; 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
showing the location of the proposed watercourse alteration or
relocation.
(4) When a structure is floodproofed, the applicant shall provide a
certificate from a registered professional engineer or architect that the
nonresidential floodproofed structure meets the floodproofing criteria
in Article 5, Section B(2).
(5) A floor elevation or floodproofing certification is required after the
lowest floor is completed. Within twenty-one (21) calendar days of
establishment of the lowest floor elevation, or floodproofing by
whatever construction means, whichever is applicable, it shall be the
duty of the permit holder to submit to the local administrator a
certification of the elevation of the lowest floor, or floodproofed
elevation, whichever is applicable, as built, in relation to mean sea
level. Said certification shall be prepared by or under the direct
supervision of a registered land surveyor or professional engineer and
certified by same. When floodproofing is utilized for a particular
building, said certification shall be prepared by or under the direct
supervision of a professional engineer or architect and certified by
same. Any work done within the twenty-one (21) day calendar period
and prior to submission of the certification shall be at the permit
holder’s risk. The local administrator shall review the floor elevation
survey data submitted. Deficiencies detected by such review shall be
corrected by the permit holder immediately and prior to further
progressive work being permitted to proceed. Failure to submit the
survey or failure to make said corrections required hereby shall be
SECTIONDUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR
C.
Duties of the local administrator shall include, but not be limited to:
(1) Review all development permits to assure that the requirements of this
ordinance have been satisfied;
(2) Advise permittee that additional Federal or State permits may be
required, and if specific Federal or State permits are known, require
that copies of such permits be provided and maintained on file with the
development permit.
(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.
(4) Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is not
diminished.
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(5) Prevent encroachments within floodways unless the certification and
flood hazard reduction provisions of Article 5 are met.
(6) Obtain actual elevation (in relation to mean sea level) of the lowest
floor (including basement) of all new or substantially improved
structures, in accordance with Article 4, Section B(5).
(7) Obtain the actual elevation (in relation to mean sea level) to which the
new or substantially improved structures have been floodproofed, in
accordance with Article 4, Section B(5).
(8) When floodproofing is utilized for a particular structure, obtain
certifications from a registered professional engineer or architect in
accordance with Article 5, Section B(2).
(9) Where interpretation is needed as to the exact location of boundaries
of the areas of special flood hazard (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.
(10)When base flood elevation data or floodway data has not been
provided in accordance with Article 3, Section B, obtain, review, and
reasonably utilize any base flood elevation data and floodway data
available from a Federal, State, or other source, including data
developed pursuant to Article 5, Section D(4), in order to administer
the provisions of this ordinance.
(11)Make on-site inspections of projects in accordance with Article 4,
Section D.
(12)Serve notices of violations, issue stop-work orders, revoke permits
and take corrective actions in accordance with Article 4, Section D.
(13)Maintain all records pertaining to the administration of this ordinance
and make these records available for public inspection.
(14)Annexation. Provide the North Carolina Department of Crime Control
and Public Safety, Division of Emergency Management, State
Coordinator for the National Flood Insurance Program with two (2)
copies of the maps delineating new corporate limits within six months
from date of annexation or change in corporate boundaries.
SECTIONADMINISTRATIVE PROCEDURES
D.
1) Inspections of Work in Progress: As the work pursuant to a permit
progresses, the local 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 administrator has a right, upon
presentation of proper credentials, to enter on any premises within the
territorial jurisdiction at any reasonable hour for the purposes of
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2) Stop-Work Orders: Whenever a building or part thereof is being
constructed, reconstructed, altered, or repaired in violation of this
ordinance, the administrator may order the work to be immediately
stopped. The stop-work order shall be in writing and •directed to the
person doing the work. The stop-work order shall state the specific
work to be stopped, the specific reasons for the stoppage, and the
conditions under which the work may be resumed. Violation of a stopwork order constitutes a misdemeanor.
3) Revocation of Permits: The local administrator may revoke and
require the return of the development permit by notifying the permit
holder in writing stating the reason for the revocation. Permits shall be
revoked for any substantial departure from the approved application,
plans, or 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 permit
mistakenly issued in violation of an applicable State or local law may
also be revoked.
4) Periodic Inspections: The local administrator and each member of his
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.
5) Violations to be Corrected: When the local administrator finds
violations of applicable State and local laws, it shall be his 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 in
6) 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
administrator shall give him written notice, by certified or registered
mail to his last known address or by personal service,
(a) that the building or property is in violation of the Flood Damage
Prevention Ordinance;
(b) that a hearing will be held before the local administrator at a
designated place and time, not later than 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 local administrator may issue such
order to alter, vacate, or demolish the building; or to remove fill as
appears appropriate.
7) Order to Take Corrective Action: If, upon a hearing held pursuant to
the notice prescribed above, the administrator shall find that the
building or development is in violation of the Flood Damage
Prevention Ordinance, he shall make an order in writing to the owner,
requiring the owner to remedy the violation within such period, not less
than 60 days, the administrator may prescribe; provided that where
the administrator finds that there is imminent danger to life or other
233
property, he may order that corrective action be taken in such lesser
period as may be feasible.
8) Appeal: Any owner who has received an order to take corrective
action may appeal from the order to the local elected governing body
by giving notice of appeal in writing to the administrator and the clerk
within 10 days following issuance of the final order. In the absence of
an appeal, the order of the 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.
9) Failure to Comply with Order: If the owner of a building or property
fails to comply with an order to take corrective action from which no
appeal has been taken, or fails to comply with an order of the
governing body following an appeal, he shall be guilty of a
SECTIONVARIANCE PROCEDURES
E.
(1) The Board of Adjustment, as established by Town Council, shall hear
and decide requests for variances from the requirements of this
ordinance.
(2) Any person aggrieved by the decision of the appeal board or any
taxpayer may appeal such decision to the Court, as provided in
Chapter 7A of the North Carolina General Statutes.
(3) Variances may be issued for 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 the variance is the minimum necessary to
(4) In passing upon such applications, 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;
(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, 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;
234
(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 flood waters 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) 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 of
this ordinance.
(6) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(7) Conditions for Variances:
(a) Variances may 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 only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
(c) 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, extraordinary public expense,
create nuisance, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
(d) Any applicant to whom a variance is granted shall be given written
notice specifying the difference between the base flood elevation and
the elevation to which the structure is to be built and a written
statement that the cost of flood insurance will be commensurate with
the increased risk resulting from this reduced lowest floor elevation.
Such notification shall be maintained with a record of all variance
actions.
(e) The local administrator shall maintain the records of all appeal
actions and report any variances to the Federal Emergency
Management Agency upon request.
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION
235
SECTIONGENERAL STANDARDS
A.
(1) All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or 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 or 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;
(5) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters 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;
and,
(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) Non-conforming Buildings or Uses. Non-conforming buildings or uses
may not be enlarged, replaced, or rebuilt unless such enlargement or
reconstruction is accomplished in conformance with the provisions of
this ordinance. Provided, however 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 Zone, provided that the bulk of
the building or structure below base flood elevation in the Floodway
Zone is not increased and provided that such repair, reconstruction, or
replacement meets all of the other requirements of this ordinance.
SECTIONSPECIFIC STANDARDS
B.
In all areas of special flood hazard where base flood elevation data has
been provided, as set forth in Article 3, Section B, or Article 4, Section
C(10), the following provisions are required:
(1) Residential Construction. New construction or substantial
improvement of any residential structure (including manufactured
homes) shall have the lowest floor, including basement, elevated no
lower than 2 feet above the base flood elevation. Should solid
foundation perimeter walls be used to elevate a structure, openings
236
sufficient to facilitate the unimpeded movements of flood waters shall
be provided.
(2) Non-Residential Construction. New construction or substantial
improvement of any commercial, industrial, or non-residential structure
(including manufactured homes) shall have the lowest floor, including
basement, elevated no lower than 2 feet above the level of the base
flood elevation. Structures located in A-zones may be floodproofed
in lieu of elevation provided that all areas of the structure below
the required elevation are watertight with walls substantially
impermeable to the passage of water, using structural components
having the capability of resisting hydrostatic and hydrodynamic loads
and the effect of buoyancy. A registered professional engineer or
architect shall certify that the standards of this subsection are
satisfied. Such certification shall be provided to the official as set
forth in Article 4 Section B(5).
(3) Manufactured Homes.
(a) Manufactured homes that are placed or substantially improved
on sites: (i) outside a manufactured home park or subdivision; (ii) in a
new manufactured home park or subdivision; (iii) in an expansion to
an existing manufactured home park or subdivision; or, (iv) in an
existing manufactured home park or subdivision on which a
manufactured home has incurred “substantial damage” as the result of
a flood, must be elevated on a permanent foundation such that the
lowest floor of the manufactured home is elevated no lower than 2 feet
above the base flood elevation and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse,
and lateral movement.
(b) Manufactured homes that are to be placed or substantially
improved on sites in an existing manufactured home park or
subdivision that are not subject to the provisions of Article 5, Section
B(3a) of this ordinance must be elevated so that the lowest floor of the
manufactured home is elevated no lower than 2 feet above the base
flood elevation, and be securely anchored to an adequately anchored
foundation to resist flotation, collapse, and lateral movement.
(c) Manufactured homes shall be anchored to prevent flotation,
collapse, or lateral movement. For the purpose of this requirement,
manufactured homes must be anchored to resist flotation, collapse, or
lateral movement in accordance with the Regulations for Mobile
Homes and Modular Housing 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 at least 36
inches or less above the grade at the sight, the chassis shall be
supported by reinforced piers or other foundation elements of at least
equivalent strength. When the elevation of the chassis is above 36
inches in height an engineering certification is required.
(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 local
administrator and the local Emergency Management Coordinator.
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(4) Recreational Vehicles. A recreational vehicle is ready for highway use
if it is on wheels or jacking system, is attached to the site only by
quick-disconnect type utilities and security devices, and has no
permanently attached additions. Recreation vehicles placed on sites
shall either:
(a)
be on site for fewer than 180 consecutive days;
(b)
be fully licensed and ready for highway use; or
(c) meet the requirements of Article 4, Section B and Article 5,
Sections A and B(3).
(5) Elevated Buildings. New construction or substantial improvements of
elevated buildings that include fully enclosed areas that are usable
solely for the parking of vehicles, building access or storage in an area
other than a basement and which are subject to flooding shall be
designed to preclude finished living space and be designed to
automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters.
(a) Designs for complying with this requirement must either be
certified by a professional engineer or architect or
meet the following minimum criteria:
(i) Provide a minimum of two openings having a total net area of
not less than one square inch for every
square foot of enclosed area subject to flooding;
(ii) The bottom of all openings shall be no higher than one foot
above grade; and,
(iii) Openings may be equipped with screens, louvers, valves, or
other coverings or devices provided they permit
the automatic flow of floodwaters in both directions.
(b) Access to the enclosed area shall be the minimum necessary to
allow for parking of vehicles (garage door) or limited storage of
maintenance equipment used in connection with the premises
(standard exterior door) or entry to the living area (stairway or
elevator).
(c) The interior portion of such enclosed and shall not be partitioned
or finished into separate rooms, except to enclose storage areas.
(6) Temporary Structures. Prior to the issuance of a development permit,
for a temporary structure, the following requirements must be met:
(a) All applicants must submit to the local administrator a plan for the
removal of such structure(s) in the event of
a hurricane or flash flood notification. The plan must include the
following information:
(i) the name, address and phone number of the individual
responsible for the removal of the temporary
structure;
(ii) the time frame prior to the event at which a structure will be
removed;
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(iii) a copy of the contract or other suitable instrument with a
trucking company to insure the availability of
removal equipment when needed; and,
(iv) designation, accompanied by documentation, of a location
outside the floodplain to which the temporary
structure will be moved.
(b) The above information shall be submitted in writing to the local
administrator for review and written approval.
(7) Accessory Structure. When accessory structures (sheds, detached
garages, etc.) with a value of $3,000 or less, are to be placed in the
floodplain the following criteria shall be met:
(a) Accessory structures shall not be used for human habitation;
(b) Accessory structures shall be designed to have low flood damage
potential;
(c) Accessory structures shall be firmly anchored in accordance with
Article 5, Section A(1); and,
(d) Service facilities such as electrical and heating equipment shall
be elevated in accordance with Article5
Section A(4).
(8) Floodways. Located within areas of special flood hazard established in
Article 3, Section B, are areas designated as floodways. The
floodway is an extremely hazardous area due to the velocity of flood
waters which carry debris and potential projectiles and has erosion
(a) No encroachments, including fill, new construction, substantial
improvements and other developments shall be permitted unless it
has been demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the
proposed encroachment would not result in any increase in the flood
levels during the occurrence of the base flood. Such certification and
technical data shall be presented to the local administrator.
(b) If Article 5, Section B(6a) is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard
reduction provisions of Article 5.
(c) No manufactured homes shall be permitted, except in an existing
manufactured home park or subdivision. A replacement manufactured
home may be placed on a lot in an existing manufactured home park
or subdivision provided the anchoring and the elevation standards of
Article 5, Section 8(3) are met.
SECTIONSTANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE
FLOOD ELEVATIONS AND/OR FLOODWAYS
C.
Section B, are small streams where no base flood data has been provided
or where no floodways have been identified. The following provisions
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(1) No encroachments, including fill, new construction, substantial
improvements or new development shall be permitted within a
distance of the stream bank equal to ½ times the width of the stream
at the top of the bank or twenty feet each side from top of bank,
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. In the event House
Bill 156 requires a greater distance than as set forth above the
distance as required by House Bill 156 must be complied with.
(2) If Article 5, Section C(l) is satisfied and base flood elevation data is
available from other sources, all new construction and substantial
improvements within such areas shall comply with all applicable flood
hazard ordinance provisions of Article 5 and shall be elevated or
floodproofed in accordance with elevations established in accordance
with Article 4, Section C(10). When base flood elevation data is not
available from a Federal, State, or other source, the lowest floor,
SECTIONSTANDARDS FOR SUBDIVISION PROPOSALS
D.
(1) All subdivision proposals shall be consistent with the need to minimize
flood damage;
(2) All subdivision proposals shall have public utilities and facilities such
as sewer, gas, electrical, and water systems located and constructed
to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood hazards; and,
(4) Base flood elevation data shall be provided for subdivision proposals
and other proposed development which is greater than the lesser of
fifty lots or five acres.
SECTIONSTANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES)
E.
Section B, are areas designated as shallow flooding. 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 predictable and indeterminate. The following provisions shall
1) All new construction and substantial improvements of residential
structures shall have the lowest floor, including basement, elevated to
the depth number specified on the Flood Insurance Rate Map, in feet,
above the highest adjacent grade. If no depth number is specified, the
lowest floor, including basement, shall be elevated at least two (2) feet
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2) All new construction and substantial improvements of non-residential
structures shall:
(a) have the lowest floor, including basement, elevated to the depth
number specified on the Flood Insurance Rate Map, in feet, above the
highest adjacent grade. If no depth number is specified, the lowest floor,
highest adjacent grade; or,
(b) be completely floodproofed together with attendant utility and sanitary
facilities to or above that level so that any space below that level is
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.
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Town of North Wilkesboro
WATERSHED PROTECTION ORDINANCE
APRIL, 1998
Excerpted from the Zoning Ordinance of the Town of North Wilkesboro for the purposes of
relevance to hazard mitigation
1.1
PURPOSE
1.2
It is the purpose of this section to protect the quality of drinking water for the Town of North Wilkesboro
by setting standards for the development that occurs within designated Public Water Supply Watershed
areas. It is further intended that the establishment of watershed regulations reflect the protection of
critical environmental areas in accordance with the State of North Carolina’s Water Supply Watershed
Protection Rules.
ADOPTION DATE AND EFFECTIVE DATE
The provisions in this Article were adopted on September 9, 1993 and shall become effective on September
1.3
AUTHORITY AND ENACTMENT
The Legislature of the State of North Carolina has, in Chapter 160A, Article 8, Section 174, General Ordinanc
143, Article 21, Watershed Protection Rules, delegated the responsibility or directed local governmental unit
to promote the public health, safety, and general welfare of its citizenry. The Governing Board of North Wilke
enact into law the following articles as the Watershed Protection Ordinance of North Wilkesboro.
1.4
JURISDICTION
The provisions of the Article shall apply within the areas designated as a Public Water Supply Watershed by
Management Commission and shall be defined and established on the map entitled, “Watershed Protection M
Carolina” (“the Watershed Map”), which is adopted simultaneously herewith. The Watershed Map and all ex
thereon accompanies and is hereby made a part of this Article.
1.5
EXCEPTIONS TO APPLICABILITY
(A) Nothing contained herein shall repeal, modify, or amend any Federal or State law or regulation, or any o
thereto except any ordinance which these regulations specifically replace; nor shall any provision of this
any provisions of the Code of Ordinances of the Town of North Wilkesboro; however, the adoption of this
any and all ordinances, resolutions, and regulations in effect in the Town of North Wilkesboro at the time
that may be construed to impair or reduce the effectiveness of this Article or to conflict with any of its pro
(B) It is not intended that these regulations interfere with any easement, covenants or other agreements bet
provisions of these regulations impose greater restrictions or higher standards for the use of a building o
these regulations shall control.
(C) Existing development, as defined in this Article, is not subject to the requirements of this Article. Expans
existing development must meet the requirements of this Article, however, the built-upon area of the exis
required to be included in the density calculations.
(D) If a non-conforming lot of record is not contiguous to any other lot owned by the same party, then that lo
the development restrictions of this ordinance if it is developed for single family purposes. See Section
recombination of existing lots.
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1.6
ESTABLISHMENT OF WATERSHED REVIEW BOARD
The North Wilkesboro Planning Board shall act as the Watershed Review Board on all subdivision regulation
1.7
ESTABLISHMENT OF WATERSHED AREAS
The purpose of this Section is to list and describe the watershed areas herein adopted.
For purposes of this Article the Town of North Wilkesboro and its extraterritorial jurisdiction are hereby divide
appropriate.
WS-II-CA
(Critical Area)
WS-II-BW (Balance of Watershed)
1.8
WATERSHED AREAS DESCRIBED
(A) WS-II Watershed Areas – Critical Area (WS-II-CA). In order to maintain a predominately undeveloped l
family dwellings shall be allowed at a maximum of one dwelling unit per two acres. All other residential a
shall be allowed at a maximum six percent (6%) built-upon area. New sludge application sites and landf
(1) Allowed Uses:
(a) Agriculture subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Co
1990. Agricultural activities conducted after January 1, 1993 shall maintain a minimum ten (10) foot
control as determined by the Soil and Water Conservation Commission, along all perennial waters i
versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local gover
operations greater than 100 animal units shall employ Best Management Practices by July 1, 1994
Water Conservation Commission.
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (1
(c) Residential development, including both single family and all other residential.
(d) Non-residential development, excluding: 1) the storage of toxic and hazardous materials unless a
implemented; 2) landfills; and 3) sites for land application of sludge/residuals or petroleum contam
development is required to incorporate adequately designed, constructed and maintained spill conta
materials are either used, stored or manufactured on the premises.
(2) Density and Built-upon Limits:
(a) Single Family Residential - development shall not exceed one dwelling unit per two (2) acres on a p
residential lot shall be less than two (2) acres, except within an approved cluster development.
(b) All other Residential and Non-Residential - development shall not exceed six percent (6%) built-upo
basis. For the purpose of calculating built-upon area, total project area shall include total acreage in
project is to be developed.
(B) WSII Watershed Areas, Balance of Watershed
(WS-II-BW)
In order to maintain a predominately undeveloped Land Use intensity pattern, single family
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allowed at a maximum of one dwelling unit per acre. All other residential and non-residential developme
maximum twelve percent (12%) built-upon area. New discharging landfills are specifically prohibited.
(1) Allowed Uses:
(a) Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Co
1990.
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (1
(c) Residential development, including both single family and all other residential.
(d) Non-residential development, excluding: 1) the storage of toxic and hazardous materials unless a s
implemented, and 2) no new discharging landfills. New industrial development is required to incorp
constructed and maintained spill containment structures if hazardous materials are either used, stor
premises.
(2) Density and Built-upon Limits:
(a) Single Family Residential - development shall not exceed one dwelling unit per acre on a project by
lot shall be less than one (1) acre, except within an approved cluster development.
(b) All other Residential and Non-Residential - development shall not exceed twelve percent (12%) buil
project basis except that up to ten percent (10%) of the balance of the watershed may be developed
(70%) built-upon area on a project by project basis. For the purpose of calculating built-upon area,
total acreage in the tract on which the project is to be developed.
1.9
CLUSTER DEVELOPMENT
Clustering of development is allowed in all Watershed Areas under the following conditions:
(A) Minimum lot sizes are not applicable to single family cluster development projects; however, the total nu
number of lots allowed for single family detached developments in Section 1.8. Built-upon area for the p
allowed for the critical area or balance of watershed, whichever applies.
(B) All built-upon areas shall be designed and located to minimize storm water runoff impact to the receiving
concentrated storm water flow.
(C) The remainder of the tract shall remain in a vegetated or natural state. The title to the open space area
incorporated homeowners association for management; to a local government for preservation as a park
conservation organization for preservation in a permanent easement. Where a property association is n
agreement shall be filed with the property needs.
1.10
BUFFER AREAS REQUIRED
(A) A minimum thirty (30) foot vegetative buffer for development activities is required along all perennial wat
versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local governme
stream bank or shoreline stabilization is permitted.
244
(B) No new development is allowed in the buffer except for water dependent structures and public projects s
greenways where no practical alternative exists. These activities should minimize built-upon surface are
surface waters and maximize the utilization of storm water Best Management Practices.
1.11
RULES GOVERNING THE INTERPRETATION OF WATERSHED AREA BOUNDARIES
Where uncertainty exists as to the boundaries of the watershed areas, as shown on the Watershed Map, the
(A) Where area boundaries are indicated as approximately following either street, alley, railroad or highway
lines shall be construed to be said boundaries.
(B) Where area boundaries are indicated, as approximately following lot lines, such lot lines shall be constru
However, a surveyed plat prepared by a registered land surveyor may be submitted to the Town of North
one or more properties along these boundaries do not lie within the watershed area.
(C) Where the watershed area boundaries lie at a scaled distance more than twenty five (25) feet from any p
watershed area boundaries shall be determined by use of the scale appearing on the watershed map.
(D) Where the watershed area boundaries lie at a scaled distance of twenty-five (25) feet or less from any p
watershed area boundaries shall be construed to be the lot line.
(E) Where other uncertainty exists, the Zoning Enforcement Officer shall interpret the Watershed Map as to
This decision may be appealed to the Board of Adjustment.
1.12
EXISTING DEVELOPMENT
Any existing development as defined in this ordinance, may be continued and maintained subject to the prov
Expansions to structures classified as existing development must meet the requirements of this ordinance, h
the existing development is not required to be included in the density calculations.
1.13
WATERSHED PROTECTION PERMIT
(A) Except where a single family residence is constructed on a lot deeded prior to the effective date of this o
upon area shall be erected, moved, enlarged or structurally altered, nor shall any zoning or building perm
change in the use of any building or land be made until a Watershed Protection Permit has been issued
Officer. No Watershed Protection Permit shall be issued except in conformity with the provisions of this
(B) Watershed Protection Permit applications shall be filed with the Zoning Enforcement Officer. The applic
application form and supporting documentation deemed necessary by the Zoning Enforcement Officer.
(C) Prior to issuance of a Watershed Protection Permit, the Zoning Enforcement Officer may consult with qu
to determine if the application meets the requirements of this ordinance.
(D) A Watershed Protection Permit shall expire if a Zoning or Building Permit for such use is not obtained by
months from the date of issuance.
1.14
WATERSHED OCCUPANCY PERMIT
(A) The Zoning Enforcement Officer shall issue a Watershed Protection Occupancy Permit certifying that all
have been met prior to the occupancy or use of a building hereafter erected, altered or moved and/or pri
building or land.
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(B) A Watershed Protection Occupancy Permit, either for the whole or part of a building, shall be applied for
for a Watershed Protection Permit and shall be issued or denied within ten (10) days after the erection o
building.
(C) When only a change in use of land or existing building occurs, the Zoning Enforcement Officer shall issu
Occupancy Permit certifying that all requirements of this ordinance have been met coincident with the W
(D) If the Watershed Protection Occupancy Permit is denied, the Zoning Enforcement Officer shall notify the
reasons for denial.
(E) No building or structure which has been erected, moved, or structurally altered may be occupied until the
has approved and issued a Watershed Protection Occupancy Permit.
1.15
PUBLIC HEALTH, IN GENERAL
No activity, situation, structure or land use shall be allowed within the watershed which poses a threat to wate
safety and welfare.
1.16
ABATEMENT
(A) The Zoning Enforcement Officer shall monitor land use activities within the watershed areas to identify s
to water quality.
(B) The Zoning Enforcement Officer shall report all findings to the Watershed Review Board. The Zoning En
with any public agency or official and request recommendations.
(C) Where the Watershed Review Board finds a threat to water quality and the public health, safety and welf
appropriate action or proceeding to restrain, correct or abate the condition and/or violation.
1.17
ADMINISTRATION AND ENFORCEMENT
(A) The Watershed Administrator shall keep records of the jurisdiction's use of the provision that a maximum
non-critical area of WS-II and WS-III watersheds and, for local governments that do not choose to incorp
ten percent (10%) of the protected area of WS-IV watersheds may be developed with new development
percent (70%) built-upon surface area. Records for each watershed shall include the total acres of nonacres eligible to be developed under this option, total acres approved for this development option, and in
with the following information: location, number of developed acres, type of land use, and stormwater m
ADDITIONAL REQUIREMENTS FOR VARIANCES WITHIN WATER SUPPLY WATERSHEDS
(A) The Zoning Enforcement Officer shall notify in writing each local government having jurisdiction in the wa
the water supply for consumption. Such notice shall include a description of the variance being requeste
notice of the variance request may submit comments to the Watershed Administrator prior to a decision
Board. Such comments shall become a part of the record of proceedings of the Watershed Review Boa
(B) If the application calls for the granting of a major variance, and if the Watershed Review Board decides i
the Board shall prepare a preliminary record of the hearing with all deliberate speed. The preliminary re
246
(1)
(2)
(3)
(4)
(5)
(6)
The variance application;
The hearing notices;
The evidence presented;
Motions, offers of proof, objections to evidence, and ruling on them;
Proposed findings and exceptions;
The proposed decision, including all conditions proposed to be added to the permit.
The preliminary record shall be sent to the Environmental Management Commission for its review as follows
(1) If the Commission concludes from the preliminary record that the variance qualifies as a major varia
owner can secure no reasonable return from, nor make any practical use of the property unless the p
and (2) the variance, if granted, will not result in a serious threat to the water supply, then the Comm
variance as proposed, or approve the proposed variance with conditions and stipulations. The Com
Commission decision and send it to the Watershed Review Board. If the Commission approves the
shall prepare a final decision granting the proposed variance. If the Commission approves the varia
stipulations, the Board shall prepare a final decision, including such conditions and stipulations, gran
(2) If the Commission concludes from the preliminary record that the variance qualifies as a major varia
owner can secure a reasonable return from or make a practical use of the property without the varian
granted, will result in a serious threat to the water supply, then the Commission shall deny approval o
The Commission shall prepare a Commission decision and send it to the Watershed Review Board.
decision denying the variance as proposed.
(C) The Zoning Enforcement Officer shall keep a record of variances to the local Water Supply Watershed P
record shall be submitted each calendar year to the Division of Water Quality on or before January 1st o
shall provide a description of each project receiving a variance and the reasons for granting the variance
DEFINITIONS
Animal Unit. A unit of measurement developed by the U.S. Environmental Protection Agency that is used to compare
operations.
Balance of Watershed. The area within a designated water supply watershed that is not a critical area as defined in
Best Management Practices (BMP). A structural or nonstructural management-based practice used singularly or in
source inputs to receiving waters in order to achieve water quality protection goals.
Buffer within Watershed Area. An area of natural or planted vegetation through which storm water runoff flows in a
does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer is m
normal pool elevation of impounded structures and from the bank of each side of streams and rivers.
Built-upon Area. Built-upon areas shall include that portion of a development project that is covered by impervious o
including buildings, pavement, gravel areas (e.g. roads, parking lots, paths), recreation facilities (e.g. tennis courts), etc
and the water area of a swimming pool are considered pervious).
Cluster Development. The grouping of buildings in order to conserve land resources and provide for innovation in th
term includes non-residential development as well as single-family residential and multi-family developments. For the
planned unit development and mixed use development are considered as cluster development.
247
Composting Facility. A facility in which only stumps, limbs, leaves, grass and untreated wood collected from land cle
is deposited.
Critical Area. The area adjacent to a water supply intake or reservoir where risk associated with pollution is greater t
of the watershed. The critical area is defined as extending either one half (1/2) mile from the normal pool elevation of t
is located, or to the ridge line of the watershed (whichever comes first); or one half (1/2) mile upstream from the intake
river (run-of-the-river), or the ridge line of the watershed (whichever comes first). Local governments may extend the c
landmarks such as highways or property lines may be used to delineate the outer boundary of the critical area if these
adjacent to the appropriate outer boundary of one half (1/2) mile.
Discharging Landfill. A facility with liners, monitoring equipment and other measures to detect and/or prevent leach
environment and in which the leachate is treated on site and discharged to a receiving stream.
Existing Development. Those projects that are built or those projects that at a minimum have established a vested r
law as of the effective date of this ordinance based on at least one of the following criteria:
(1) substantial expenditures of resources (time, labor, money) based on a good faith reliance upon having r
approval to proceed with the project, or
(2) having an outstanding valid building permit as authorized by the General Statutes (G.S. 153A-344.1, and
(3) having expended substantial resources (time, labor, money) and having an approved site specific or pha
authorized by the General Statues (G.S. 153A-344.1, and G.S. 160A-385.1).
Existing Lot (Lot of Record). A lot which is part of a subdivision, a plat of which has been recorded in the Office of th
adoption of this ordinance, or a lot described by metes and bounds, the description of which has been so recorded prio
ordinance.
Hazardous Material. Any substance listed as such in: SARA section 302, Extremely Hazardous Substances, CERCL
Section 311 of CWA (oil and hazardous substances).
Industrial Development. Any non-residential development that requires an NPDES permit for an industrial discharge
storage of any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning or developing any
*Major Variance. A variance that results in any one or more of the following:
(1) the complete waiver of a management requirement;
(2) The relaxation, by a factor of more than ten (10) percent, of any management requirement that takes the
* NOTE:
This definition is included as an example. The rules provide local governments with latitude in d
considered a major variance in the locality. The Environmental Management Commission (EMC) will monitor t
localities, and will review all annual reports to determine how localities are utilizing the variance procedure. T
amending the rules to include specific conditions applicable to a major variance in the future.
Minor Variance. A variance that does not qualify as a major variance.
Non-conforming Lot of Record. A lot described by a plat or a deed that was recorded prior to the effective date of th
the minimum lot size or other development requirements of the statewide watershed protection rules.
Non-Residential Development. All development other than residential development, agriculture and silviculture.
Plat. A map or plan of a parcel of land which is to be, or has been subdivided.
248
Residential Development. Buildings for residence such as attached and detached single-family dwellings, apartmen
townhouses, cottages, etc. and their associated outbuildings such as garages, storage buildings, gazebos, etc., and cu
Single Family Residential. Any development where: 1) no building contains more than one dwelling unit, 2) every dw
and 3) where no lot contains more than one dwelling unit.
Toxic Substance. Any substance or combination of substances (including disease causing agents), which after disch
ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion th
potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (incl
suppression in reproduction or growth) or physical deformities in such organisms or their off spring or other adverse he
Water Dependent Structure. Any structure for which the use requires access to or proximity to or citing within surface
purpose, such as boat ramps, boat houses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for bo
commercial boat storage areas are not water dependent structures.
Watershed. The entire land use contributing surface drainage to a specific point (e.g. the water supply intake).
WORD INTERPRETATION
For the purpose of this ordinance, certain words shall be interpreted as follows:
Words in the present tense include the future tense.
Words used in the singular number include the plural; and words used in the plural number include the singu
construction of the wording indicates otherwise.
The word “person” includes a firm, association, corporation, trust, and company as well as an individual.
The word “structure” shall include words, “plot", "parcel", or "tract."
The word “lot” shall include the words, “plot,” “parcel,” or “tract.”
The word “shall” is always mandatory and not merely directory.
The word “will” is always mandatory and not merely directory.
The Words “used” or “occupied” include the words “intended, designed, or arranged to be used or occupied”.
Terms not herein defined shall have the meanings customarily assigned to them.
249
I, Gail M. Harris, Town Clerk of the Town of North Wilkesboro, do hereby certify this to be a true and correct copy of an
Minute Book Number 10 of the Town of North Wilkesboro.
Gail M. Harris, Gail M. Harris, Town Clerk
250
Town of Wilkesboro
ZONING ORDINANCE
AN ORDINANCE REGULATING THE USES OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, INDUSTRY, C
RECREATION, PUBLIC ACTIVITIES OR OTHER PURPOSES, THE SIZE OF YARDS, COURTS, AND OTHER OPEN
HEIGHT, BULK, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE DENSITY AN
POPULATION, CREATING DISTRICTS FOR SAID PURPOSES AND ESTABLISHING THE BOUNDARIES THEREFO
TERMS USED AN HEREIN; PROVIDING THE METHOD OF ADMINISTRATION AMENDMENT AND ENFORCEMEN
FOR VIOLATIONS; PROVIDING FOR A BOARD OF ADJUSTMENT AND DEFINING THE DUTIES AND POWERS O
OTHER PURPOSES.
Excerpted from the Zoning Ordinance of the Town of Wilkesboro for the purposes of relevance to
ARTICLE XII
WATERSHED PROTECTION
Section_121.PURPOSE
It is the purpose of this section to protect the quality of drinking water for the Town of Wilkesboro by setting standards f
within designated Public Water Supply Watershed areas. It is further intended that the establishment of watershed reg
critical environmental areas in accordance with the State of North Carolina’s Water Supply Watershed Protection Rules
Section_122.ADOPTION DATE AND EFFECTIVE DATE
The provisions in this Article were adopted on September 7, 1993 and shall become effective on September 30, 1993.
Section_123.AUTHORITY AND ENACTMENT
The Legislature of the State of North Carolina has, in Chapter 160A, Article 8, Section 174. General Ordinance Author
21. Watershed Protection Rules delegated the responsibility or directed local governmental units to adopt regulations
health, safety, and general welfare of its citizenry. The Governing Board of Wilkesboro does hereby ordain and enact
the Watershed Protection Ordinance of Wilkesboro.
Section_124.JURISDICTION
The provisions of the Article shall apply within the areas designated as a Public Water Supply Watershed by the North
Management Commission and shall be defined and established on the map entitled, “Watershed Protection Map of Wi
Watershed Map”), which is adopted simultaneously herewith. The Watershed Map and all explanatory matter containe
hereby made a part of this Article.
Section_125.EXCEPTIONS TO APPLICABILITY
125.1
Nothing contained herein shall repeal, modify, or amend any Federal or State law or regulation or an
pertaining thereto except any ordinance which these regulations specifically replace; not shall any pr
modify, or restrict any provisions of the cod of Ordinances of the Town of Wilkesboro; however, the a
does amend any and all ordinances resolutions, and regulations in effect in the Town of Wilkesboro
Article that may be construed to impair or reduce the effectiveness of this Article or to conflict with an
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125.2
It is not intended that these regulations interfere with any easement, covenants or other agreements
the provisions of these regulations impose greater restrictions or higher standards for the use of a bu
provisions of these regulations shall control.
125.3
Existing development, as defined in this Article, is not subject to the requirements of this Article. Exp
as existing development must meet the requirements of this Article, however, the built-upon area of
required to be included in the density calculations.
125.4
A pre-existing lot owned by an individual prior to the effective date of this ordinance, regardless of w
been established, may be developed for single family residential purposes without being subject to t
Section_126.
ESTABLISHMENT OF WATERSHED REVIEW BOARD
The Wilkesboro Planning Board shall act as the Watershed Review Board on all subdivision regulation and Zoning Ord
Section_127.
ESTABLISHMENT OF WATERSHED AREAS
The purpose of this Section is to list and describe the watershed areas herein adopted.
For the purpose of this Article the Town of Wilkesboro extraterritorial jurisdiction are hereby divided into the following a
WS-IV-CA (Critical Area)
WS-IV-PA (Protected Area)
Section_128.
WATERSHED AREAS DESCRIBED
128.1
WS-IV Watershed Areas – Critical Area (WS-IV-CA).
Only new development activities that require an erosion/sedimentation control plan under State law
required to meet the provisions of this Article when located in the WS-IV watershed. In order to add
intensity pattern, single-family residential uses are allowed at a maximum of two (2) dwelling units pe
non-residential development shall be allowed twenty-four percent (24%) built-upon area. New sludg
are specifically prohibited.
A.
Allowed Uses:
1.
Agriculture subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Con
1990. Agricultural activities conducted after January 1, 1993 shall maintain a minimum ten (10) foot
control as determined by the Soil and Water Conservation Commission, along all perennial waters in
versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local govern
operations grater than 100 animal units shall employ Best Management Practices July 1, 1994 recom
Conservation Commission.
2.
Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15
3.
Residential.
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4.
Non-residential development, excluding:
a. the storage of toxic and hazardous materials unless a spill containment plan is implemented;
b. landfills; and
c. sites for land application of sludge/residuals or petroleum contaminated soils.
B.
Density and Built-upon Limits:
1.
Single Family Residential-development shall not exceed two dwelling units per acre on a project by p
shall be less than one-half (1/2) acre, except within an approved cluster development.
2.
All other Residential and Non-Residential-development shall not exceed twenty-four percent (24%) b
project basis. For the purpose of calculating the built-upon area, total project area shall include total
the project is to be developed.
128.2
WS-IV Watershed Areas – Protected Area (WS-IV-PA) (6/1/98).
Only new development activities that require an erosion/sedimentation control plan under State law
program are required to meet the provisions of this ordinance when located in a WS-IV watershed.
accommodate a moderate to high land use intensity pattern, single family residential uses shall deve
dwelling units per acres (2du/ac). All other residential and non-residential development shall be allo
four percent (24%) built-upon area. A maximum of three (3) dwelling units per acre (3 du/ac) or thirt
area is allowed for projects without a curb and gutter street system.
1.
Uses Allowed:
a. Agriculture, subject to the provisions of the food Security Act of 1985 and the Food, Agricultural, Con
1990.
b. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15
c. Residential development.
d. Non-residential development, excluding the storage of toxic and hazardous materials unless a spill c
2.
Density and Built-upon Limits:
a. Single Family Residential development shall not exceed two (2) dwelling units per acre, as defined o
residential lot shall be less than one half (1/2) acre (or 20,000 square feet, excluding roadway right-o
for projects without a curb and gutter street system, except within an approved cluster development.
b. All other residential and Non-Residential-development shall not exceed twenty four percent (24%) bu
project basis. For projects without a curb and gutter street system, development shall not exceed th
area on a project-by-project basis. For the purpose of calculating built-upon area, total project area
on which the project is to be developed.
c. In addition to the development allowed under paragraphs (a) and (b) above, new development and e
development may occupy up to ten percent (10%) of the protected area with up to seventy percent (
project basis, when approved as a special intensity allocation (SIA). The Watershed Administrator is
consistent with the provisions of this ordinance. Projects must, to the maximum extent practical, min
direct storm waterways from surface waters and incorporate Best Management practices to minimize
purpose of calculating built-upon area, total project area shall include total acreage in the tract on wh
developed.
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128.3
is amended as follows:
(A) The Watershed Review Committee may grant Special Density Allocations (SDAs) to project sites in
Areas. The SDAs may permit up to 70% built upon area on a project by project basis without requiri
control devices. No more than 10% of the WS-IV-PA Watershed Area may be developed under SDA
upon area of a SDA project site exceed 70% of the total SDA project site.
(B) SDA requests must be submitted to the Watershed Administrator, who shall preview the request and
Review Committee. The Watershed Review Committee will review the SDA request, and either app
request is denied, the applicant may redesign the project and resubmit the request.
(C) The following review criteria will be used by the Watershed Review Committee to evaluate SDA requ
used to encourage applicants to maximize development in the SDA project areas, as well as incorpo
water quality and aesthetics of the project area. Projects must have a point total of at least 300 to qu
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REVIEW CRITERIA FOR EVALUATING SDA REQUESTS
Criteria
1. Landscaping
minimum 8’ landscaped area along street side of property (measured from right-of-way).................................................
minimum 8’ landscaped area along side of property (measured from property line)..........................................................
minimum of one landscaped space for every parking space in parking lot.......................................................................5
Landscaped area must have grass or mulch ground cover with trees or shrubs planted according to the following speci
- evergreen shrubs – 6’ spacing; 1.5’ minimum height at planting
- evergreen trees – 10’ spacing; 6’ minimum height at planting
- deciduous trees – 20’ spacing; 8’ minimum height at planting
2. Permanent Greenway easement granted to Town of Wilkesboro along perennial streams or other location as ..........
approved by the Town of Wilkesboro Planning Board (minimum width of 25’); or Dedication of right-of-way along
street side of property for sidewalks (minimum width of 15’)
3. Multiple story building development (excluding basement)........................................................................................75
4. Building development with parking located under building.........................................................................................75
5. Undisturbed area of project left in natural vegetation (trees or woody vegetation)
- 50% or more left vegetated; or ...............................................................................................................................50
- 25-50% left vegetated............................................................................................................................................25
6. Erosion control plan approved and implemented......................................................................................................25
7. Permanent sedimentation/erosion control measures on project site..........................................................................25
(i.e., dry detention ponds, sand filters, artificial wetlands, infiltration trenches, etc.)
8. Tax based added by project:
$250,000 or less......................................................................................................................................................25
$250,000 - $500,000.................................................................................................................................................50
$500,000 - $1,000,000 .............................................................................................................................................75
$1,000,000 or more.................................................................................................................................................100
9. Employment added by project:
1 - 10......................................................................................................................................................................25
11 – 25....................................................................................................................................................................50
26 – 75....................................................................................................................................................................75
76 or more..............................................................................................................................................................100
10. Planned unit development (PUD) approved by Town of Wilkesboro Planning Board..................................................
11. Drainage:
- Surface drainage rather than curb and gutter; or.......................................................................................................40
- Drainage through vegetated buffer or grass swale .....................................................................................................60
12. Percentage of built-upon area:
36% - 50%...............................................................................................................................................................25
51% - 60%...............................................................................................................................................................50
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61% - 70%...............................................................................................................................................................75
TOTAL POSSIBLE POINTS .....................................................................................................................................805
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(D) If the request is approved by the Watershed Review Committee, the Watershed Administrator shall i
shall be valid for one year from date of issuance. A record of all SDA permits shall be kept on file in
Administrator.
Section_129.
CLUSTER DEVELOPMENT
Clustering of development is allowed in all Watershed Areas (except WS-I) under the following cond
129.1
Built-upon area or storm water control requirements of the projects shall not exceed that allowed for
watershed, whichever applies.
129.2
All built-upon area shall be designed and located to minimize storm water runoff impact to the receiv
concentrated storm water flow.
129.3
The remained of the tract shall remain in a vegetated or natural state. Where the development has a
association, the title of the open space shall be conveyed to the association for management. Wher
incorporated, a maintenance agreement shall be filed with the property needs.
Section_130.
BUFFER AREAS REQUIRED
130.1
A minimum thirty (30) foot vegetative buffer for development activities is required along all perennial
recent versions of U.S.G.S. 1:24,000 (7.5) minute scale topographic maps or as determined by local
artificial stream bank or shoreline stabilization is permitted.
130.2
No new development is allowed in the buffer except for water dependent structures and public proje
greenways where no practical alternative exists. These activities should minimize built-upon surface
the surface waters and maximize the utilization of storm water Best Management Practices.
Section_131.
RULES GOVERNING THE INTERPRETATION OF WATERSHED AREA BOUNDARIES
Where uncertainty exists as to the boundaries of the watershed areas, as shown on the Watershed
apply:
131.1
Where area boundaries are indicated as approximately following street, alley, railroad or highway lin
lines shall be construed to be said boundaries.
131.2
Where area boundaries are indicated, as approximately following lot lines, such lot lines shall be con
However, a surveyed plat prepared by a registered land surveyor may be submitted to the Town of W
or more properties along these boundaries do not lay within the watershed area.
131.3
Where the watershed area boundaries lie at a scaled distance more than twenty five (25) feet or less
location of watershed area boundaries shall be determined by use of the scale appearing on the wat
131.4
Where the watershed area boundaries lie at a scaled distance of twenty-five feet or less from any pa
watershed area boundaries shall be construed to be the lot line.
131.5
Where other uncertainty exists, the Zoning Enforcement Officer shall interpret the Watershed Map a
boundaries. This decision may be appealed to the Board of Adjustment.
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Section_132.
EXISTING DEVELOPMENT
Any existing development as defined in this ordinance may be continued and maintained subject to t
Expansions to structures classified as existing development, must meet the requirements of this ord
area of the existing development is not required to be included in the density calculations.
Section_133.
WATERSHED PROTECTION PERMIT
133.1
Except where a single family residence is constructed on a lot deeded prior to the effective date of th
built-upon shall be erected, moved, enlarged or structurally altered, nor shall any zoning or building
change in the use of any building or land be made until a Watershed Protection permit has been issu
Officer. No Watershed Protection Permit shall be issued except in conformity with the provisions of
133.2
Watershed Protection Permit applications shall be filed with the Zoning Enforcement Officer. The ap
completed application form and supporting documentation deemed necessary by the Zoning Enforce
133.3
Prior to issuance of a Watershed Protection Permit, the Town Manager may consult with qualified pe
determine if the application meets the requirements of this ordinance.
133.4
A Watershed Protection Permit shall expire if the applicant does not obtain a Zoning or Building Per
(12) months from the date of issuance.
Section_134.
WATERSHED OCCUPANCY PERMIT
134.1
The Zoning Enforcement Officer shall issue a Watershed Protection Occupancy Permit certifying tha
ordinance have been met prior to the occupancy or use of a building hereafter erected, altered or mo
of use of any building or land.
134.2
A Watershed Protection Occupancy Permit, either for the whole or part of a building, shall be applied
application for a Watershed Protection Permit and shall be issued or denied within ten (10) days afte
alterations of the building.
134.3
When only a change in use of land or existing building occurs, the Zoning Enforcement Officer shall
Occupancy Permit certifying that all requirements of this ordinance have been met coincident with th
134.4
If the Watershed Protection Occupancy Permit is denied, the Town Manager shall notify the applican
for denial.
134.5
No building or structure that has been erected, moved, or structurally altered may be occupied until t
has approved and issued a Watershed Protection Occupancy Permit.
Section_135.
PUBLIC HEALTH, IN GENERAL
No activity, situation, structure or land use shall be allowed within the watershed that poses a threat
health, safety and welfare.
Section_136.
ABATEMENT
258
136.1
The Zoning Enforcement Officer shall monitor land use activities within the watershed areas to ident
threat to water quality.
136.2
The Zoning Enforcement Officer shall report all findings to the Watershed Review Board. The Zonin
consult with any public agency or official and request recommendations.
136.3
Where the Watershed Review Board finds a threat to water quality and the public health, safety and
any appropriate action or proceeding to restrain, correct or abate the condition and/or violation.
Section_137.
ADDITIONAL REQUIREMENTS FOR VARIANCES WITHIN WATER SUPPLY WATERSHEDS
137.1
A.
The Zoning Enforcement Officer shall notify in writing each local government having jurisdiction in th
include a description of the variance being requested. Local governments receiving notice of the va
comments to the Watershed Administrator prior to a decision by the Watershed Review Board. Suc
of the record of proceedings of the Watershed Review Board.
If the application calls for the granting of a major variance, and if the Watershed Review Board decid
variance, the Board shall prepare a preliminary record of the hearing with all deliberate speed. The
shall include.
The variance application;
B.
The hearing notices;
C.
The evidence presented;
D.
Motions, offers of proof, objections to evidence, and ruling on them;
E.
Proposed findings and exceptions;
F.
The proposed decision, including all conditions proposed to be added to the permit.
137.2
137.3
The preliminary record shall be sent to the Environmental Management Commission for its review as
A.
If the commission concludes from the preliminary record that the variance qualifies as a major varian
owner can secure not reasonable return from, nor make any practical use of the property unless the
and (2) the variance, if granted, will not result in a serious threat to the water supply, then the Comm
variance as proposed, or approve, the proposed variance with conditions and stipulations. The Com
Commission decision and send it to the Watershed Review Board. If the Commission approves the
shall prepare a final decision granting the proposed variance. If the commission approves the varian
stipulations, the Board shall prepare a final decision, including such conditions and stipulations, gran
B.
If the commission concludes from the preliminary record that the variance qualifies as a major varian
owner can secure a reasonable return from or make a practical use of the property without the varia
granted, will result in a serious threat to the water supply, then the commission shall deny approval o
The Commission shall prepare a Commission decision and send it to the Watershed Review Board.
decision denying the variance as proposed.
C.
If the application calls for the granting of a minor variance, then the Watershed Review Board may g
determines that to do so would not result in a serious threat to the water supply.
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137.4
Powers of the Planning Commission:
To act as the Watershed Review Board on proposed plats of land subdivision and hear major and m
the subdivisions within the designated Water Supply Watershed.
To hear cases concerning major variances vested rights, administrative reviews and appeals regard
decisions of the Town Manager in designated Water Supply Watersheds.
Section_138.
DEFINITIONS
Animal Unit. A unit of measurement developed by the U.S. Environmental Protection Agency that is used to compare
operations.
Best Management Practices (BMP). A structural or nonstructural management-based practice used singularly or in c
source inputs to receiving waters in order to achieve water quality protection goals.
Buffer within Watershed Area. An area of natural or planted vegetation through which storm water runoff flows in a d
does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer is m
normal pool elevation of impounded structures and from the bank of each side of streams and rivers.
Built-upon Area. Built-upon areas shall include that portion of a development project that is covered by impervious or
including buildings, pavement, and gravel roads, recreation facilities (e.g. tennis courts), etc. (Note: Wooden slatted d
swimming pool are considered pervious).
Cluster Development. The grouping of buildings in order to conserve land resources and provide for innovation in the
includes non-residential development as well as single-family residential subdivisions and multi-family developments th
subdivisions of land.
Composting Facility. A facility in which only stumps, limbs, leaves, grass and untreated wood collected from land cle
is deposited.
Critical Area. The area adjacent to a water supply intake or reservoir where risk is associated with pollution is greater
portions of the watershed. The critical area is defined as extending either one half (1/2) mile from the normal pool elev
the intake is located, or to the ridge line of the watershed (whichever comes first); or one half (1/2) mile upstream from
stream or river (run-of-the-river), or the ridge line of the watershed (whichever comes first). Since WS-I watersheds are
establishment of a critical area is not required. Local governments may extend the critical area as needed. Major land
property lines may be used to delineate the outer boundary of the critical area if these landmarks are immediately adja
boundary of one half (1/2) mile.
Discharging Landfill. A facility with liners, monitoring equipment and other measures to detect and/or prevent leacha
and in which the leachate is treated on site and discharged to a receiving stream.
Existing Development. Those projects that are built or those projects that at a minimum have established a vested ri
law as of the effective date of this ordinance based on at least one of the following criteria:
(1) Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon hav
government approval to proceed with the project, or
(2) Having an outstanding valid building permit as authorized by the General Statutes (G.S. 153A-344.1
(3) Having expended substantial resources (time, labor, money) and having an approved site specific or
authorized by the General Statues (G.S. 153A-344.1 and G.S. 160A-385.1).
260
Existing Lot (Lot of Record). A lot which is part of a subdivision, a plat of which has been recorded in the Office of th
adoption of this ordinance, or a lot described by metes and bounds, the description of which has been so recorded prio
ordinance.
Hazardous Material. Any substance listed as such in: SARA section 302, Extremely Hazardous Substances, (CERC
Section 311 of CWA (oil and hazardous substances).
Industrial Development. Any non-residential development that requires an NPDES permit for an industrial discharge
storage of any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning or developing any
*Major Variance. A variance that results in any one or more of the following:
(1) The complete waiver of a management requirement:
(2) The relaxation, by a factor of more than ten (10) percent, of any management requirement that takes
standard;
(3) The relaxation of any management requirement that applies to a development proposal intended to
option.
* NOTE:
This definition is included as an example. The rules provide local governments with latitude in d
considered a major variance in the locality. The Environmental Management Commission (EMC) will monitor t
localities, and will review all annual reports to determine how localities are utilizing the variance procedure. T
amending the rules to include specific conditions applicable to a major variance in the future.
Minor Variance. A variance that does not qualify as a major variance.
Non-Residential Development. All development other than residential development, agriculture and silviculture.
Plat. A map or plan of parcel of land which is to be, or has been subdivided.
Protected Area. The area within a designated water supply watershed that is not critical area as defined in this ordina
Residential Development. Buildings for residence such as attached and detached single-family dwellings, apartment
townhouses, cottages, etc. and their associated outbuildings such as garages, storage buildings, gazebos, etc., and cu
Single Family Residential. Any development where: 1) no building contains more than one dwelling unit, 2) every dw
and 3) where no lot contains more than one dwelling unit.
Toxic Substance. Any substance or combination of substances (including disease causing agents), which after disch
ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion th
potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (incl
suppression in reproduction or growth) or physical deformities in such organisms or their off spring or other adverse he
Water Dependent Structure. Any structure for which the use requires access to or proximity to or citing within surface
purpose, such as: boat ramps, boathouses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for bo
commercial boat storage areas are not water dependent structures.
Watershed. The entire land area contributing surface drainage to a specific point (e.g. the water supply intake).
261
Section_139.
WORD INTERPRETATION
For the purpose of this ordinance, certain words shall be interpreted as follows:
Words in the present tense include the future tense.
Words used in the singular number include the plural; and words used in the plural number include t
construction of the wording indicates otherwise.
The word “person” includes a firm, association, corporation, trust, and company, as well as, an indiv
The word “lot” shall include the words, “plot,” “parcel,” or “tract.”
The word “structure” shall include the word, “building.”
The word “shall” is always mandatory and not merely directory.
The word “will” is always mandatory and not merely directory.
The Words “used” or “occupied” include the words “intended, designed, or arranged to be used or oc
Terms not herein defined shall have the meanings customarily assigned to them.
ARTICLE XIII
AMENDMENTS
262
This ordinance, including the zoning map, may be amended from time to time, but no amendment shall become effecti
proposed by, or shall first have been submitted to, the Town of Wilkesboro Planning Board for review and recommenda
have forty five (45) days within which to submit its report. If the Planning Board fails to submit a report within the forty f
deemed to have approved the proposed amendment. The report, among other things, shall contain a statement recom
disapproval of the request.
A public hearing shall be held by the Board of Commissioners before adoption of any proposed amendment to this ord
hearing shall be given once a week for two (2) successive calendar weeks in a newspaper of general circulation in the
to be published the first time not less than 15 days nor more than 25 days before the date fixed for the hearing.
In the case of a protest against an amendment, supplement, change modification or repeal signed by the owners of twe
either of the area of the lots included in such proposed change, or of those immediately adjacent thereto either in the re
thereof, extending one hundred (100) feet from the street frontage of such opposite lots, such amendment shall not bec
favorable vote of three fourths (3/4) of all members of the Board of Commissioners.
This provision, however, does not apply to any amendment that initially zones property added to the territorial coverage
annexation or otherwise.
Should the legislative body deny a request for a zoning amendment, it shall not thereafter accept any other application
district affecting the same property, or any portion thereof, until the expiration of one (1) year from the date of such pre
At the time an application for an amendment is filed with the Town Clerk, the applicant shall pay a filing fee of twenty d
ARTICLE XIV
LEGAL STATUS PROVISIONS
Section_141.
CONFLICT WITH OTHER REGULATIONS
Whenever the regulations of this ordinance require a greater width or size of yards, courts, or other o
height of buildings or lesser number of stores or require a greater percentage of lot to be left unoccu
restrictive standards than are required in or under any other statures, the regulations and requireme
govern.
Whenever the provisions of any other statue require more restrictive standards than are required by
such statute shall govern.
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141.1
The Procedure adopted pursuant to G.S. 160A-384 shall provide that whenever there is a zoning cla
parcel of land, the owner of that parcel of land as shown on the county tax listing, and the owners of
parcel of land as shown on the county tax listing, shall be mailed a notice of the proposed classificat
listed for such owners on the county tax abstracts.
All provisions of Article 19 of Chapter 160A of the North Carolina General Statutes are applicable an
Zoning Ordinance even if not specifically set forth herein.
Section_142.
VALIDITY
Should any section or provision of this ordinance be declared by the courts to be unconstitutional or
affect the validity of the ordinance as a whole or any part there of other than the part so declared to b
Section_143.
EFFECTIVE DATE
This ordinance shall take effect and be in force from and after its adoption by the board of Commissi
this 2nd day of October 1978. Amended to apply to the one-mile perimeter area this 2nd day of Octob
264
Article 1.
North Carolina Emergency Management Act of 1977.
§ 166A-1. Short title.
This Article may be cited as "North Carolina Emergency Management Act of 1977."
(1977, c. 848, s. 2; 1979, 2nd Sess.,
c. 1310, s. 2; 1995, c. 509, s. 120.)
§ 166A-2. Purposes.
The purposes of this Article are to set forth the authority and responsibility of the
Governor, State agencies, and local governments in prevention of, preparation for,
response to and recovery from natural or man-made disasters or hostile military or
paramilitary action and to:
(1) Reduce vulnerability of people and property of this State to damage, injury, and
loss of life and property;
(2) Prepare for prompt and efficient rescue, care and treatment of threatened or
affected persons;
(3) Provide for the rapid and orderly rehabilitation of persons and restoration of
property; and
(4) Provide for cooperation and coordination of activities relating to emergency and
disaster mitigation, preparedness, response and recovery among agencies and
officials of this State and with similar agencies and officials of other states,
with local and federal governments, with interstate organizations and with other
private and quasi-official organizations. (1959, c. 337, s. 1; 1975, c. 734, s. 1; 1977,
c. 848, s. 2; 1995, c. 509, s. 121.)
§ 166A-3. Limitations.
Nothing in this Article shall be construed to:
(1) Interfere with dissemination of news or comment on public affairs; but any
communications facility or organization, including but not limited to radio and
television stations, wire services, and newspapers, may be requested to transmit
or print public service messages furnishing information or instructions in connection
with an emergency, disaster or war; or
(2) Limit, modify or abridge the authority of the Governor to proclaim martial law or
exercise any other powers vested in him under the Constitution, statutes, or
common law of this State independent of, or in conjunction with, any provisions of
this Article. 1975, c. 734, s. 2; 1977, c. 848, s. 2; 1995, c. 509, s. 122.)
§ 166A-4. Definitions.
The following definitions apply in this Article:
(1) Disaster. - An occurrence or imminent threat of widespread or severe damage,
injury, or loss of life or property resulting from any natural or man-made accidental,
military or paramilitary cause.
(2) Disaster Area. - The geographical area covered by a proclamation made by the
Governor pursuant to G.S.166A-6(a1).
(3) Eligible Entity. - Any political subdivision. The term also includes an owner or
operator of a private nonprofit utility that meets the eligibility criteria set out in this
Article.
(4) Emergency Management. - Those measures taken by the populace and
governments at federal, State, and local levels to minimize the adverse effect of any
265
type disaster, which includes the never-ending preparedness cycle of
prevention, mitigation, warning, movement, shelter, emergency assistance, and
recovery.
(5) Emergency Management Agency. - A State or local governmental agency
charged with coordination of all emergency management activities for its
jurisdiction.
(6) Political Subdivision. - Counties and incorporated cities, towns and villages.
(7) Preliminary Damage Assessment. - The (initial estimate prepared) process
used by State, local, or federal emergency management workers to determine the
severity and magnitude of damage caused by a disaster event.
(8) Private Nonprofit Utilities. - A utility that would be eligible for federal public
assistance disaster funds pursuant to 44 C.F.R. Part 206.
(9) Stafford Act. - The Robert T. Stafford Disaster Relief and Emergency
Assistance Act, Pub. L. No. 93-288, 88 Stat. 143, codified generally at 42 U.S.C. §
5121, et seq., as amended.
(10) State Acquisition and Relocation Fund. - State funding for supplemental grants
to homeowners participating in a Hazard Mitigation Grant Program Acquisition and
Relocation Program. These grants are used to acquire safe, decent, and
sanitary housing by paying the difference between the cost of the home acquired
under the Hazard Mitigation Grant Program Acquisition and Relocation Program
and the cost of a comparable home located outside the 100-year floodplain.
(1951, c. 1016, s. 2; 1953, c. 1099, s. 1; 1955, c. 387, s. 1; 1975, c. 734, ss. 4-6, 14;
nd
1977, c. 848, s. 2; 1979, 2 Sess., c. 1310, s. 2; 1995, c. 509, s. 123; 2001-214, s.
1.)
§ 166A-5. State emergency management.
The State emergency management program includes all aspects of preparations
for, response to and recovery from war
or peacetime disasters.
(1) Governor. - The Governor shall have general direction and control of the State
emergency management program and shall be responsible for carrying out the
provisions of this Article.
a. The Governor is authorized and empowered:
1. To make, amend or rescind the necessary orders, rules and regulations within
the limits of the authority conferred upon him herein, with due consideration of the
policies of the federal government.
2. To delegate any authority vested in him under this Article and to provide for the
sub-delegation of any such authority.
3. To cooperate and coordinate with the President and the heads of the
departments and agencies of the federal government, and with other appropriate
federal officers and agencies, and with the officers and agencies of
other states and local units of government in matters pertaining to the emergency
management of the State and nation.
4. To enter into agreements with the American National Red Cross, Salvation
Army, Mennonite Disaster Service and other disaster relief organizations.
5. To make, amend, or rescind mutual aid agreements in accordance with
G.S.166A-10.
6. To utilize the services, equipment, supplies and facilities of existing departments,
offices and agencies of the State and of the political subdivisions thereof. The
officers and personnel of all such departments, offices and agencies are required to
cooperate with and extend such services and facilities to the Governor upon
request. This authority shall extend to a state of disaster, imminent threat of disaster
or emergency management planning and training purposes.
7. To agree, when required to obtain federal assistance in debris removal, that the
State will indemnify the federal government against any claim arising from the
removal of the debris.
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8. To sell, lend, lease, give, transfer or deliver materials or perform services for
disaster purposes on such terms and conditions as may be prescribed by any
existing law, and to account to the State Treasurer for any funds received for such
property.
9. To use contingency and emergency funds as necessary and appropriate to
provide relief and assistance from the effects of a disaster, and to reallocate such
other funds as may reasonably be available within the appropriations of the various
departments when the severity and magnitude of such disaster so requires
and the contingency and emergency funds are insufficient or inappropriate.
b. In the threat of or event of a disaster, or when requested by the governing body
of any political subdivision in the State, the Governor may assume operational
control over all or any part of the emergency management functions within this
State.
(2) Secretary of Crime Control and Public Safety. - The Secretary of Crime Control
and Public Safety shall be responsible to the Governor for State emergency
management activities. The Secretary shall have the following powers and duties
as delegated by the Governor:
a. To activate the State and local plans applicable to the areas in question and to
authorize and direct the deployment and use of any personnel and forces to which
the plan or plans apply, and the use or distribution of any supplies,
equipment, materials and facilities available pursuant to this Article or any other
provision of law.
b. To adopt the rules to implement this Article.
c. To develop a system of damage assessment through which the Secretary will
recommend the appropriate level of disaster declaration to the Governor. The
system shall, at a minimum, consider whether the damage involved and its effects
are of such a severity and magnitude as to be beyond the response capabilities of
the local government or political subdivision.
d. Additional authority, duties, and responsibilities as may be prescribed by the
Governor. The Secretary may sub-delegate his authority to the appropriate member
of his department.
(3) Functions of State Emergency Management. - The functions of the State
emergency management program include:
a. Coordination of the activities of all agencies for emergency management within
the State, including planning, organizing, staffing, equipping, training, testing, and
the activation of emergency management programs.
b. Preparation and maintenance of State plans for man-made or natural disasters.
The State plans or any parts thereof may be incorporated into department
regulations and into executive orders of the Governor.
b1. Coordination with the State Health Director to amend or revise the North
Carolina Emergency Operations Plan regarding public health matters. At a
minimum, the revisions to the Plan shall provide for the following:
1. The epidemiologic investigation of a known or suspected threat caused by
nuclear, biological, or chemical agents.
2. The examination and testing of persons and animals that may have been
exposed to a nuclear, biological, or chemical agent.
3. The procurement and allocation of immunizing agents and prophylactic
antibiotics.
4. The allocation of the National Pharmaceutical Stockpile.
5. The appropriate conditions for quarantine and isolation in order to prevent further
transmission of disease.
6. Immunization procedures.
7. The issuance of guidelines for prophylaxis and treatment of exposed and
affected persons.
c. Promulgation of standards and requirements for local plans and programs,
determination of eligibility for State financial assistance provided for in G.S. 166A-7
267
and provision of technical assistance to local governments.
d. Development and presentation of training programs and public information
programs to insure the furnishing of adequately trained personnel and an informed
public in time of need.
e. Making of such studies and surveys of the resources in this State as may be
necessary to ascertain the capabilities of the State for emergency management,
maintaining data on these resources, and planning for the most efficient use
thereof.
f. Coordination of the use of any private facilities, services, and property.
g. Preparation for issuance by the Governor of executive orders, proclamations,
and regulations as necessary or appropriate.
h.
Cooperation and maintenance of liaison with the other states, federal
government and any public or private agency or entity in achieving any purpose of
this Article and in implementing programs for emergency, disaster or war
prevention, preparation, response, and recovery.
i. Making recommendations, as appropriate, for zoning, building and other landuse controls, and safety measures for securing mobile homes or other
nonpermanent or semi-permanent works designed to protect against or mitigate the
effects of a disaster.
j. Coordination of the use of existing means of communications and supplementing
communications resources and integrating them into a comprehensive State or
State-federal telecommunications or other communications system or network.
(1951, c. 1016, ss. 3, 9; 1953, c. 1099, s. 3; 1955, c. 387, ss. 2, 3, 5; 1957, c. 950,
s. 5; 1975, c. 734, ss. 9, 10, 14, 16; 1977, c. 848, s. 2; 1979, 2nd Sess., c. 1310, s.
2; 1995, c. 509, s. 124; 2001-214, s. 2; 2002-179, s. 12.)
§ 166A-6. State of disaster.
(a) The existence of a state of disaster may be proclaimed by the Governor, or by
a resolution of the General Assembly if either
of these finds that a disaster threatens or exists.
(a1)If a state of disaster is proclaimed, the Secretary shall provide the Governor
and the General Assembly with a preliminary damage assessment as soon as the
assessment is available. Upon receipt of the preliminary damage assessment, the
Governor shall issue a proclamation defining the area subject to the state of
disaster and proclaiming the disaster as a Type I, Type II, or Type III disaster. In
determining whether the disaster shall be proclaimed as a Type I, Type II, or Type
III disaster, the Governor shall follow the standards set forth below.
(1) A Type I disaster may be declared if all of the following criteria are met:
a. A local state of emergency has been declared pursuant to G.S. 166A-8,
and a written copy of the declaration has
been forwarded to the Governor;
b. The preliminary damage assessment meets or exceeds the criteria
established for the Small Business Administration
Disaster Loan Program pursuant to 13 C.F.R. Part 123 or meets or
exceeds the State infrastructure criteria set out in
G.S. 166A-6.01(b)(2)a.; and
c. A major disaster declaration by the President of the United States
pursuant to the Stafford Act has not been declared.
A Type I disaster declaration may be made by the Governor prior to, and
independently of, any action taken by the Small
Business Administration, the Federal Emergency Management Agency, or
any other federal agency. A Type I disaster
declaration shall expire 30 days after its issuance unless renewed by the
Governor or the General Assembly. Such renewals
may be made in increments of 30 days each, not to exceed a total of 120
268
days from the date of first issuance. The Joint
Legislative Commission on Governmental Operations shall be notified prior
to the issuance of any renewal of a Type I
disaster declaration.
(2) A Type II disaster may be declared if the President of the United States has
issued a major disaster declaration pursuant
to the Stafford Act. The Governor may request federal disaster assistance
under the Stafford Act without making a Type II
disaster declaration. A Type II disaster declaration shall expire six months
after its issuance unless renewed by the Governor
or the General Assembly. Such renewals may be made in increments of
three months each, not to exceed a total of 12
months from the date of first issuance. The Joint Legislative Commission on
Governmental Operations shall be notified
prior to the issuance of any renewal of a Type II disaster declaration.
(3) A Type III disaster may be declared if the President of the United States
has issued a major disaster declaration under the
Stafford Act and:
a. The preliminary damage assessment indicates that the extent of
damage is reasonably expected to meet the threshold
established for an increased federal share of disaster assistance under
applicable federal law and regulations; or
b. The preliminary damage assessment prompts the Governor to call a
special session of the General Assembly to
establish programs to meet the unmet needs of individuals or political
subdivisions affected by the disaster.
A Type III disaster declaration shall expire 12 months after its issuance
unless renewed by the General Assembly.
(a2)Any state of disaster declared before July 1, 2001, shall terminate by a
proclamation of the Governor or resolution of the
General Assembly. A proclamation or resolution declaring or terminating a state of
disaster shall be disseminated promptly
by means calculated to bring its contents to the attention of the general public and,
unless the circumstances attendant upon
the disaster prevent or impede, promptly filed with the Secretary of Crime Control
and Public Safety, the Secretary of
State and the clerks of superior court in the area to which it applies.
(b) In addition to any other powers conferred upon the Governor by law, during a
state of disaster, the Governor shall have the
following powers:
(1) To utilize all available State resources as reasonably necessary to cope
with an emergency, including the transfer and
direction of personnel or functions of State agencies or units thereof for the
purpose of performing or facilitating emergency
services;
(2) To take such action and give such directions to State and local lawenforcement officers and agencies as may be
reasonable and necessary for the purpose of securing compliance with the
provisions of this Article and with the orders,
rules and regulations made pursuant thereto;
(3) To take steps to assure that measures, including the installation of public
utilities, are taken when necessary to qualify
for temporary housing assistance from the federal government when that
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assistance is required to protect the public
health, welfare, and safety;
(4) Subject to the provisions of the State Constitution to relieve any public
official having administrative responsibilities under
this Article of such responsibilities for willful failure to obey an order, rule or
regulation adopted pursuant to this Article.
(c) In addition, during a state of disaster, with the concurrence of the Council of
State, the Governor has the following powers:
(1) To direct and compel the evacuation of all or part of the population from
any stricken or threatened area within the State,
to prescribe routes, modes of transportation, and destinations in connection
with evacuation; and to control ingress and
egress of a disaster area, the movement of persons within the area, and the
occupancy of premises therein;
(2) To establish a system of economic controls over all resources, materials
and services to include food, clothing, shelter,
fuel, rents and wages, including the administration and enforcement of any
rationing, price freezing or similar federal order
or regulation;
(3) To regulate and control the flow of vehicular and pedestrian traffic, the
congregation of persons in public places or buildings,
lights and noises of all kinds and the maintenance, extension and operation
of public utility and transportation services
and facilities;
(4) To waive a provision of any regulation or ordinance of a State agency or a
political subdivision which restricts the immediate
relief of human suffering;
(5) Repealed by Session Laws 2001-214, s. 3, effective July 1, 2001.
(6) To perform and exercise such other functions, powers and duties as are
necessary to promote and secure the safety and
protection of the civilian population;
(7) To appoint or remove an executive head of any State agency or institution
the executive head of which is regularly selected
by a State board or commission.
a. Such an acting executive head will serve during:
1. The physical or mental incapacity of the regular office holder, as
determined by the Governor after such inquiry
as the Governor deems appropriate;
2. The continued absence of the regular holder of the office; or
3. A vacancy in the office pending selection of a new executive head.
b. An acting executive head of a State agency or institution appointed in
accordance with this subdivision may perform
any act and exercise any power which a regularly selected holder of such
office could lawfully perform and exercise.
c. All powers granted to an acting executive head of a State agency or
institution under this section shall expire
immediately:
1. Upon the termination of the incapacity as determined by the Governor
of the officer in whose stead he acts;
2. Upon the return of the officer in whose stead he acts; or
3. Upon the selection and qualification of a person to serve for the
unexpired term, or the selection of an acting
executive head of the agency or institution by the board or
commission authorized to make such selection, and
his qualification.
(8) To procure, by purchase, condemnation, seizure or by other means to
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construct, lease, transport, store, maintain,
renovate or distribute materials and facilities for emergency management
without regard to the limitation of any existing law.
(d) In preparation for a state of disaster, with the concurrence of the Council of
State, the Governor may use contingency and
emergency funds as necessary and appropriate for National Guard training in
preparation for disasters. (1951, c.1016, s. 4; 1955,
c. 387, s. 4; 1959, c. 284, s. 2; c. 337, s. 4; 1975, c. 734, ss. 11, 14; 1977, c. 848, s.
2; 1979, 2nd Sess., c. 1310, s. 2; 1993,
c. 321, s. 181(a); 1995, c. 509, s.125; 2001-214, s. 3.)
§ 166A-6.01. State disaster assistance funds; programs.
(a) If a state of disaster is proclaimed, the Governor may make State funds
available for disaster assistance as authorized
by this section. Any State funds made available by the Governor for disaster
assistance may be administered through State
disaster assistance programs which may be established by the Governor upon the
proclamation of a state of disaster. It is the
intent of the General Assembly in authorizing the Governor to make State funds
available for disaster assistance and in
authorizing the Governor to establish State disaster assistance programs to provide
State assistance for recovery from those
disasters for which federal assistance under the Stafford Act is either not available
or does not adequately meet the needs of
the citizens of the State in the disaster area.
(b) Disaster Assistance Programs - Type I Disaster. - In the event that a Type I
disaster is proclaimed, the Governor may
make State funds available for disaster assistance in the disaster area in the form of
individual assistance and public
assistance as provided in this subsection.
(1) Individual assistance. - State disaster assistance in the form of grants to
individuals and families may be made
available when damage meets or exceeds the criteria set out in 13 C.F.R.
Part 123 for the Small Business
Administration Disaster Loan Program. Individual assistance grants shall
include benefits comparable to those
provided by the Stafford Act and may be provided for the following:
a. Provision of temporary housing and rental assistance.
b. Repair or replacement of dwellings. Grants for repair or replacement of
housing may include amounts necessary
to locate the individual or family in safe, decent, and sanitary housing.
c. Replacement of personal property (including clothing, tools, and
equipment).
d. Repair or replacement of privately owned vehicles.
e. Medical or dental expenses.
f. Funeral or burial expenses resulting from the disaster.
g. Funding for the cost of the first year's flood insurance premium to meet
the requirements of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. § 4001, et seq.
(2) Public assistance. - State disaster assistance in the form of public
assistance grants may be made available to
eligible entities located within the disaster area on the following terms and
conditions:
a. Eligible entities shall meet the following qualifications:
1. The eligible entity suffers a minimum of ten thousand dollars
($10,000) in uninsurable losses;
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2. The eligible entity suffers uninsurable losses in an amount equal to or
exceeding one-half percent (0.5%) of
the annual operating budget;
3. For a state of disaster proclaimed pursuant to G.S. 166A-6(a) after
the deadline established by the Federal
Emergency Management Agency pursuant to the Disaster Mitigation
Act of 2002, P.L.106-390, the eligible entity
shall have a hazard mitigation plan approved pursuant to the Stafford
Act; and
4. For a state of disaster proclaimed pursuant to G.S. 166A-6(a) after
August 1, 2002, the eligible entity shall be
participating in the National Flood Insurance Program in order to
receive public assistance for flooding damage.
b. Eligible entities shall be required to provide non-State matching funds
equal to twenty-five percent (25%) of the eligible
costs of the public assistance grant.
c. An eligible entity that receives a public assistance grant pursuant to this
subsection may use the grant for the
following purposes only:
1. Debris clearance.
2. Emergency protective measures.
3. Roads and bridges.
4. Crisis counseling.
5. Assistance with public transportation needs.
(c) If a Type II disaster is proclaimed, the Governor may make State funds
available for disaster assistance in the disaster area
in the form of the following types of grants:
(1) State Acquisition and Relocation Funds.
(2) Supplemental repair and replacement housing grants available to the
individuals or families in an amount necessary to
locate the individual or family in safe, decent, and sanitary housing not to
exceed twenty-five thousand dollars ($25,000)
per family.
(d) If a Type III disaster is proclaimed, the Governor may make State funds
available for disaster assistance in the disaster area
in the form of the following types of grants:
(1) State Acquisition and Relocation Funds.
(2) Supplemental repair and replacement housing grants available to the
individuals or families in an amount necessary to
locate the individual or family in safe, decent, and sanitary housing not to
exceed twenty-five thousand dollars ($25,000)
per family.
(3) Any programs authorized by the General Assembly.
(2001-214, s. 4; 2001-487, s. 98; 2002-24, s. 1; 2002-159, s. 57.5.)
§ 166A-6.1. Emergency planning; charge.
(a) Every person, firm, corporation or municipality who is licensed to construct or
who is operating a fixed nuclear facility for the
production of electricity shall pay to the Department of Crime Control and Public
Safety an annual fee of at least thirty thousand
dollars ($30,000) for each fixed nuclear facility which is located within this State or
has a Plume Exposure Pathway Emergency
Planning Zone of which any part is located within this State. This fee is to be
applied to the costs of planning and implementing
emergency response activities as are required by the Federal Emergency
Management Agency for the operation of nuclear facilities.
272
Said fee is to be paid no later than July 31 of each year. This minimum fee may be
increased from time to time as the costs of such
planning and implementation increase. Such increases shall be by agreement
between the State and the licensees or operators of
the fixed nuclear facilities.
(b) Every person, firm, corporation or municipality who is licensed to construct or
who is operating a fixed nuclear facility for the
production of electricity shall pay to the Department of Crime Control and Public
Safety, for the use of the Division of Environmental
Health of the Department of Environment and Natural Resources, an annual fee of
thirty-six thousand dollars ($36,000) for each
fixed nuclear facility that is located within this State or that has a Plume Exposure
Pathway Emergency Planning Zone any part
of which is located within this State. This fee shall be applied only to the costs of
planning and implementing emergency response
activities as required by the Federal Emergency Management Agency for the
operation of nuclear facilities. This fee is to be paid
no later than July 31 of each year.
(c) The fees imposed by this section do not revert at the end of a fiscal year. The
amount of fees carried forward from one
fiscal year to the next shall be taken into consideration in determining the fee to be
assessed each fixed nuclear facility
under subsection (a) in that fiscal year. (1981, c. 1128, ss. 1, 2; 1983, c. 622, ss. 13; 1989, c. 727, s. 219(42); 1989 (Reg.
Sess., 1990), c. 964, s. 1; 1991 (Reg. Sess., 1992), c. 1039, s. 18; 1997-443, s.
11A.123; 2000-109, s. 6; 2002-70, s. 5.)
§ 166A-7. County and municipal emergency management.
(a) The governing body of each county is responsible for emergency management,
as defined in G.S. 166A-4, within the
geographical limits of such county. All emergency management efforts within the
county will be coordinated by the county,
including activities of the municipalities within the county.
(1) The governing body of each county is hereby authorized to establish and
maintain an emergency management agency
for the purposes contained in G.S. 166A-2.
(2) The governing body of each county which establishes an emergency
management agency pursuant to this
authorization will appoint a coordinator who will have a direct responsibility
for the organization, administration and
operation of the county program and will be subject to the direction and
guidance of such governing body.
(3) In the event any county fails to establish an emergency management
agency, and the Governor, in his discretion,
determines that a need exists for such an emergency management agency,
then the Governor is hereby empowered
to establish an emergency management agency within said county.
(b) All incorporated municipalities are authorized to establish and maintain
emergency management agencies subject to
coordination by the county. Joint agencies composed of a county and one or more
municipalities within its borders may be formed.
(c) Each county and incorporated municipality in this State is authorized to make
appropriations for the purposes of this
Article and to fund them by levy of property taxes pursuant to G.S. 153A-149 and
G.S. 160A-209 and by the allocation of other
revenues, whose use is not otherwise restricted by law.
273
(d) In carrying out the provisions of this Article each political subdivision is
authorized:
(1) To appropriate and expend funds, make contracts, obtain and distribute
equipment, materials, and supplies for emergency
management purposes and to provide for the health and safety of persons
and property, including emergency assistance,
consistent with this Article;
(2) To direct and coordinate the development of emergency management
plans and programs in accordance with the policies
and standards set by the State;
(3) To assign and make available all available resources for emergency
management purposes for service within or outside of
the physical limits of the subdivision; and
(4) To delegate powers in a local state of emergency under G.S. 166A-8 to an
appropriate official.
(e) Each county which establishes an emergency management agency pursuant
to State standards and which meets requirements
for local plans and programs may be eligible to receive State financial assistance.
Such financial assistance for the maintenance
and operation of a county emergency management program will not exceed one
thousand dollars ($1,000) for any fiscal year and
is subject to an appropriation being made for this purpose. Eligibility of each county
will be determined annually by the State.
(1951, c. 1016, s. 6; 1953, c. 1099, s.4; 1957, c. 950, s. 2; 1959, c. 337, s. 5; 1973,
c. 620, s. 9;1975, c. 734, ss. 12, 14, 16; 1977,
c. 848, s. 2; 1979, 2nd Sess., c. 1310, s. 2; 1995, c. 509, ss. 126, 127.)
§ 166A-8. Local emergency authorizations.
Procedures governing the declaration of a local state of emergency:
(1) A local state of emergency may be declared for any disaster, as defined in
G.S. 166A-4 under the provisions of Article 36A
of G.S. Chapter 14.
(2) Such a declaration shall activate the local ordinances authorized in G.S.
14-288.12 through 14-288.14 and any and all
applicable local plans, mutual assistance compacts and agreements and
shall also authorize the furnishing of assistance
thereunder.
(3) The timing, publication, amendment and recision of local "state of
emergency" declarations shall be in accordance with
the local ordinance. (1951, c.1016, s. 6; 1953, c. 1099, s. 4; 1957, c. 950, s.
2; 1959, c. 337, s. 5; 1973, c. 620, s. 9;
1975, c. 734, ss. 12, 14, 16; 1977, c. 848, s. 2.)
§ 166A-9. Accept services, gifts, grants and loans.
Whenever the federal government or any agency or officer thereof or of any person,
firm or corporation shall offer to the
State, or through the State to any political subdivision thereof, services, equipment,
supplies, materials, or funds by
way of gift, grant or loan, for the purposes of emergency management, the State
acting through the Governor, or such
political subdivision, acting with the consent of the Governor and through its
governing body, may accept such offer. Upon such
acceptance the Governor of the State or governing body of such political
subdivision may authorize any officer of the State or
of the political subdivision, as the case may be, to receive such services,
equipment, supplies, materials or funds on behalf
274
of the State or of such political subdivision, and subject to the terms of the offer and
the rules and regulations, if any, of
the agency making the offer. (1951, c. 1016, s. 8; 1973, c. 803, s. 45; 1975, c. 19, s.
72; c. 734, ss. 13, 14; 1977, c. 848, s.
2; 1979, 2nd Sess., c. 1310, s. 2.)
§ 166A-10. Establishment of mutual aid agreements.
(a) The Governor may establish mutual aid agreements with other states and with
the federal government provided that any
special agreements so negotiated are within the Governor's authority.
(b) The chief executive of each political subdivision, with the concurrence of the
subdivision's governing body, may develop
mutual aid agreements for reciprocal emergency management aid and assistance.
Such agreements shall be consistent with the
State emergency management program and plans.
(c) The chief executive officer of each political subdivision, with the concurrence of
the governing body and subject to the approval
of the Governor, may enter into mutual aid agreements with local chief executive
officers in other states for reciprocal emergency
management aid and assistance.
(d) Mutual aid agreements may include but are not limited to the furnishing or
exchange of such supplies, equipment,
facilities, personnel and services as may be needed; the reimbursement of costs
and expenses for equipment, supplies,
personnel and similar items; and on such terms and conditions as deemed
necessary. (1951, c. 1016, s. 7; 1975, c. 734, ss. 14,
16; 1977, c. 848, s. 2; 1979, 2nd Sess., c. 1310, s. 2.)
§ 166A-11. Compensation.
(a) Compensation for services or for the taking or use of property shall be only to
the extent that legal obligations of
individual citizens are exceeded in a particular case and then only to the extent that
the claimant has not been deemed to have
volunteered his services or property without compensation. (b) Compensation for
property shall be only if the property
was commandeered, seized, taken, condemned, or otherwise used in coping with a
disaster and this action was ordered by the
Governor. The State shall make compensation for the property so seized, taken or
condemned on the following basis:
(1) In case property is taken for temporary use, the Governor, within 30 days of
the taking, shall fix thee amount of
compensation to be paid for such damage or failure to return. Whenever
the Governor shall deem it advisable for
the State to take title to property taken under this section, he shall forthwith
cause the owner of such property to be
notified thereof in writing by registered mail, postage prepaid, or by the best
means available, and forthwith cause to
be filed a copy of said notice with the Secretary of State.
(2) If the person entitled to receive the amounts so determined by the
Governor as just compensation is unwilling to accept
the same as full and complete compensation for such property or the use
thereof, he shall be paid seventy-five per centum
(75%) of such amount and shall be entitled to recover from the State of
North Carolina in an action brought in the superior
court in the county of residence of claimant, or in Wake County, in the same
manner as other condemnation claims are
275
brought, within three years after the date of the Governor's award. (1977, c.
848, s. 2.)
§ 166A-12. Nondiscrimination in emergency management.
State and local governmental bodies and other organizations and personnel who
carry out emergency management functions
under the provisions of this Article are required to do so in an equitable and
impartial manner. Such State and local
governmental bodies, organizations and personnel shall not discriminate on the
grounds of race, color, religion, nationality, sex,
age or economic status in the distribution of supplies, the processing of applications
and other relief and assistance activities.
(1975, c. 734, s. 3; 1977, c. 848, s. 2; 1979, 2nd Sess., c. 1310, s. 2; 1995, c. 509,
s. 128.)
§ 166A-13. Emergency management personnel.
(a) No person shall be employed or associated in any capacity in any emergency
management agency established under
this Article if that person:
(1) Advocates or has advocated a change by force or violence in the
constitutional form of the Government of the United
States or in this State;
(2) Advocates or has advocated the overthrow of any government in the United
States by force or violence;
(3) Has been convicted of any subversive act against the United States;
(4) Is under indictment or information charging any subversive act against the
United States; or
(5) Has ever been a member of the Communist Party.
Each person who is appointed to serve in any emergency management agency
shall, before entering upon his duties, take a
written oath before a person authorized to administer oaths in this State, which oath
shall be substantially as follows:
"I, _______, do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States and the
Constitution of the State of North Carolina, against all enemies, foreign and
domestic; and that I will bear true faith
and allegiance to the same; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I
will well and faithfully discharge the duties upon which I am about to enter. And I do
further swear (or affirm) that I do not
advocate, nor am I, nor have I ever knowingly been, a member of any political party
or organization that advocates the overthrow
of the Government of the United States or of this State by force or violence; and
that during such time as I am a member of the
State Emergency Management Agency I will not advocate nor become a member of
any political party or organization that advocates
the overthrow of the Government of the United States or of this State by force or
violence, so help me God."
(b) No position created by or pursuant to this Article shall be deemed an office
within the meaning of Article 6, Section 9
of the Constitution of North Carolina. (1951, c. 1016, s. 10; 1975, c. 734, ss. 14, 16;
1977, c. 848, s. 2; 1979, 2nd Sess.,
c. 1310, s. 2; 1995, c. 509, s. 129.)
276
§ 166A-14. Immunity and exemption.
(a) All functions hereunder and all other activities relating to emergency
management are hereby declared to be governmental
functions. Neither the State nor any political subdivision thereof, nor, except in
cases of willful misconduct, gross negligence
or bad faith, any emergency management worker complying with or reasonably
attempting to comply with this Article or any
order, rule or regulation promulgated pursuant to the provisions of this Article or
pursuant to any ordinance relating to any
emergency management measures enacted by any political subdivision of the
State, shall be liable for the death of or injury to
persons, or for damage to property as a result of any such activity.
(b) The rights of any person to receive benefits to which he would otherwise be
entitled under this Article or under the
Workers' Compensation Law or under any pension law, nor the right of any such
person to receive any benefits or compensation
under any act of Congress shall not be affected by performance of emergency
management functions.
(c) Any requirement for a license to practice any professional, mechanical or other
skill shall not apply to any authorized
emergency management worker who shall, in the course of performing his duties as
such, practice such professional,
mechanical or other skill during a state of disaster.
(d) As used in this section, the term "emergency management worker" shall
include any full or part-time paid, volunteer or
auxiliary employee of this State or other states, territories, possessions or the
District of Columbia, of the federal
government or any neighboring country or of any political subdivision thereof or of
any agency or organization performing
emergency management services at any place in this State, subject to the order or
control of or pursuant to a request of
the State government or any political subdivision thereof. The term "emergency
management worker" under this section shall also
include a person performing emergency health care services under G.S. 90-12.2.
(e) Any emergency management worker, as defined in this section, performing
emergency management services at any place
in this State pursuant to agreements, compacts or arrangements for mutual aid and
assistance to which the State or a political
subdivision thereof is a party, shall possess the same powers, duties, immunities
and privileges he would ordinarily possess if
performing his duties in the State, or political subdivision thereof in which normally
employed or rendering services.
(1957, c. 950, s. 4; 1975, c. 734, s. 14; 1977, c. 848, s. 2; 1979, c. 714, s. 2; 1979,
2nd Sess., c. 1310, s. 2; 1995, c. 509, ss.
130, 131; 2002-179, s. 20(b).)
§ 166A-15. No private liability.
Any person, firm or corporation owning or controlling real or personal property who,
voluntarily or involuntarily, knowingly or
unknowingly, with or without compensation, grants a license or privilege or
otherwise permits or allows the
designation or use of the whole or any part or parts of such real or personal
property for the purpose of sheltering,
protecting, safeguarding or aiding in any way persons shall, together with his
successors in interest, if any, not be civilly
277
liable for the death of or injury to any person or the loss of or damage to the
property of any persons where such death,
injury, loss or damage resulted from, through or because of the use of the said real
or personal property for any of the above
purposes. (1957, c. 950, s. 3; 1977, c. 848, s. 2.)
§ 166A-15.1. Civil liability of persons who willfully ignore
a warning in a disaster.
(a) In a disaster as defined by G.S. 166A-4, a person who willfully ignores a
warning regarding personal safety issued by
a federal, State, or local law enforcement agency, emergency management agency,
or other governmental agency responsible for
emergency management under this Article is civilly liable for the cost of a rescue
effort to any governmental agency or
nonprofit agency cooperating with a governmental agency conducting a rescue on
the endangered person's behalf if:
(1) The person ignores the warning, and: (i) engages in an activity or course of
action that a reasonable person would not pursue, or (ii) fails to take a course of
action that a reasonable person would pursue;
(2) As a result of ignoring the warning the person places himself or herself or
another in danger; and
(3) A governmental rescue effort is undertaken on the endangered person's
behalf. (1997-232, s. 1.)
§ 166A-16. Severability.
If any provision of this Article or the application thereof to any person or
circumstances is held invalid, the invalidity does not
affect other provisions or applications of the Article which can be given effect
without the invalid provision or application, and
to this end the provisions of this Article are severable. (1977, c. 848, s. 2; 1995, c.
509, s.132.)
§ 166A-17. Leave options for voluntary firefighters, rescue squad workers, and
emergency medical service personnel called
into service.
(a) A member of a volunteer fire department, rescue squad, or emergency medical
services agency called into service of the
State after a proclamation of a state of disaster by the Governor or by the General
Assembly, or upon the activation of
the State Emergency Response Team in response to a disaster or emergency, shall
have the right to take leave without pay from
his or her civilian employment. No member of a volunteer fire department, rescue
squad, or emergency medical services agency
shall be forced to use or exhaust his or her vacation or other accrued leave from his
or her civilian employment for a period
of active service. The choice of leave shall be solely within the discretion of the
member.
(b) For the volunteer member to be entitled to take leave without pay pursuant to
this section, his or her services shall
be requested in writing by the Director of the Division of Emergency Management or
by the head of a local Emergency
Management Agency. The request shall be directed to the Chief of the member's
volunteer fire department, rescue squad, or
emergency medical services agency and a copy shall be provided to the member's
employer. This section shall not apply to those
members whose services have been certified by their employer to the Director of
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the Division of Emergency Management, or to the
head of a local Emergency Management Agency, as essential to the employer's
own on-going emergency or disaster relief activities.
(c) For purposes of this section, a disaster or emergency requiring the activation of
the State Emergency Response Team
means a disaster or emergency at Activation Level 2 or greater according to the
North Carolina State Emergency Operations Plan
of November 2002. Activation Level 2 requires the State Emergency Operations
Center to be fully activated with 24-hour
staffing from all State Emergency Response Team members.
(d) The Commissioner of Labor shall enforce the provisions of this section
pursuant to Chapter 95 of the General Statutes.
(2003-103, s. 1.)
§ 166A-18. Reserved for future codification purposes.
Article 2.
Hazardous Materials Emergency Response.
§ 166A-20. Title, purpose.
(a)This Article may be cited as the "North Carolina Hazardous Materials
Emergency Response Act."
(b) The purpose of this Article is to establish a system of regional response to
hazardous materials emergencies and
terrorist incidents in the State to protect the health and safety of its citizens.
(1993 (Reg. Sess., 1994), c. 769, s. 22.4(b); 2002-179, s. 21(a).)
As used in this Article:
(1) "Hazardous materials emergency response team" or "hazmat team" means an
organized group of persons specially trained and equipped to respond to and
control actual or potential leaks or spills of hazardous materials.
(2) "Hazardous material" means any material defined as a hazardous substance
under 29 Code of Federal Regulations § 1910.120(a)(3).
(3) "Hazardous materials incident" or "hazardous materials emergency" means an
uncontrolled release or threatened release of a hazardous substance requiring
outside assistance by a local fire department or hazmat team to contain
and control.
(4) "Regional response team" means a hazmat team under contract with the State
to provide response to hazardous materials emergencies occurring outside the
hazmat team's local jurisdiction at the direction of the Department of Crime Control
and Public Safety, Division of Emergency Management.
(5) "Secretary" means the Secretary of the Department of Crime Control and Public
Safety.
(6) "Technician-level entry capability" means the capacity of a hazmat team, in
terms of training and equipment as specified in 29 Code of Federal Regulations §
1910.120, to respond to a hazardous materials incident requiring affirmative
measures, such as patching, plugging, or other action necessary to stop and
contain the release of a hazardous substance at its source.
(7) "Terrorist incident" means activities that occur within the territorial jurisdiction of
the United STates, involve acts dangerous to human life that are a violation of the
criminal laws of the United States or of any state, and are intended
to do one of the following:
279
a. Intimidate or coerce a civilian population.
b. Influence the policy of a government by intimidation or coercion.
c. Affect the conduct of a government by mass destruction, assassination,
or kidnapping. (1993 (Reg. Sess., 1994), c. 769, s. 22.4(b); 1997-456, s. 27; 2002179, s. 21(b).)
§ 166A-22. Hazardous materials emergency response program.
(a) The Secretary shall adopt rules establishing a regional response program for
hazardous materials emergencies and terrorist incidents, to be administered by the
Division of Emergency Management. To the extent possible, the regional response
program shall be coordinated with other emergency planning activities of the State.
The regional response program shall include at least six hazmat teams located
strategically across the State that are available to provide regional response
to hazardous materials or terrorist incidents requiring technician-level entry
capability and 24-hour dispatch and communications capability at the Division of
Emergency Management Operations Center. The rules for the program shall
include:
(1) Standards, including training, equipment, and personnel standards required to
operate a regional response team with technician-level entry capability.
(2) Guidelines for the dispatch of a regional response team to a hazardous
materials or terrorist incident.
(3) Guidelines for the on-site operations of a regional response team.
(4) Standards for administration of a regional response team, including procedures
for reimbursement of response costs.
(5) Refresher and specialist training for members of regional response teams.
(6) Procedures for recovering the costs of a response to a hazardous materials or
terrorist incident from persons determined to be responsible for the emergency.
(7) Procedures for bidding and contracting for the provision of a hazmat team for
the regional response program.
(8) Criteria for evaluating bids for the provision of a hazmat team for regional
response.
(9) Delineation of the roles of the regional response team, local fire department and
local public safety personnel, the Division of Emergency Management's area
coordinator, and other State agency personnel responding to the scene of a
hazardous materials or terrorist incident.
(b) In developing the program and adopting rules, the Secretary shall consult with
the Regional Response Team Advisory Committee established pursuant to G.S.
166A-24. (1993 (Reg. Sess., 1994), c. 769, s. 22.4(b); 2002-179, s. 21(c).)
§ 166A-23. Contracts; equipment loans.
(a) The Secretary may contract with any unit or units of local government for the
provision of a regional response team to implement the regional response program.
Contracts are to be let consistent with the bidding and contract standards and
procedures adopted pursuant to G.S. 166A-22(a)(7) and (8). In entering into
contracts with units of local government, the Secretary may agree to provide:
(1) A loan of equipment, including a hazmat vehicle, necessary for the provision
technician-level entry capability;
(2) Reimbursement of personnel costs when a regional response team is
authorized by the Department to respond to a hazmat or terrorist incident, including
the cost of call-back personnel;
(3) Reimbursement for use of equipment and vehicles owned by the regional
response team;
(4) Replacement of disposable materials and damaged equipment;
(5) Costs of medical surveillance for members of the regional response team,
including baseline, maintenance, and exit
physicals;
280
(6) Training expenses; and
(7) Other provisions agreed to by the Secretary and the regional response team.
(b) The Secretary shall not agree to provide reimbursement for:
(1) Costs of clean-up activities, after a spill or leak has been contained;
(2) Local response not requiring technician-level entry capability; or
(3) Standby time.
(c) Any contract entered into between the Secretary and a unit of local government
for the provision of a regional response team shall specify that the members of the
regional response team, when performing their duties under the contract,
shall not be employees of the State and shall not be entitled to benefits under the
Teachers' and State Employees' Retirement System or for the payment by the State
of federal social security, employment insurance, or workers' compensation.
(d) Regional response teams that have the use of a State hazmat vehicle may use
the vehicle for local purposes. Where a State vehicle is used for purposes other
than authorized regional response to a hazardous materials or terrorist
incident, the regional response team shall be liable for repairs or replacements
directly attributable to the non authorized response. (1993 (Reg. Sess., 1994), c.
769, s. 22.4(b);2002-179, s. 21(d).)
§ 166A-24. Immunity of Regional Response Team Personnel.
Members of a regional response team shall be protected from liability under the
provisions of G.S. 166A-14(a) while responding to a hazardous materials or terrorist
incident pursuant to authorization from the Division of Emergency Management.
(1993 (Reg. Sess., 1994), c. 769, s. 22.4(b); 2002-179, s. 21(e).)
§ 166A-25. Right of entry.
A regional response team, when authorized to respond to a release or threatened
release of hazardous materials or when authorized to respond to a terrorist or
threatened or imminent terrorist incident, may enter onto any private or public
property on which the release or terrorist incident has occurred or on which there is
an imminent threat of such release or terrorist incident. A regional response team
may also enter, under such circumstances, any adjacent or surrounding property
in order to respond to the release or threatened release of hazardous material or to
monitor, control, and contain the release or perform any other action in mitigation of
a hazardous materials or terrorist incident. (1993 (Reg. Sess., 1994), c. 769, s.
22.4(b); 2002-179, s. 21(f).)
§ 166A-26. Regional Response Team Advisory Committee.
(a) The Regional Response Team Advisory Committee is created. The Secretary
shall appoint the members of the
Committee and shall designate the chair. In making appointments, the Secretary
shall take into consideration the expertise of the
appointees in the management of hazardous materials emergencies. The Secretary
shall appoint one representative from:
(1) The Division of Emergency Management;
(2) The North Carolina Highway Patrol;
(3) The State Fire and Rescue Commission of the Department of Insurance;
(4) The Department of Environment and Natural Resources;
(5) The Department of Transportation;
(6) The Department of Agriculture and Consumer Services;
(7) The Chemical Industry Council of North Carolina;
(8) The N.C. Association of Hazardous Materials Responders;
(9) Each regional response team;
(10) The State Bureau of Investigation.
In addition to the persons listed above, the Secretary shall appoint to the Advisory
281
Committee three persons designated
jointly by the North Carolina Fire Chiefs Association and the North Carolina State
Firemen's Association.
(b) The Advisory Committee shall meet on the call of the chair, or at the request of
the Secretary; provided that the
Committee shall meet no less than once every three months. The Department of
Crime Control and Public Safety shall provide
space for the Advisory Committee to meet. The Department also shall provide the
Advisory Committee with necessary support
staff and supplies to enable the Committee to carry out its duties in an effective
manner.
(c) Members of the Advisory Committee shall serve without pay, but shall receive
travel allowance, lodging, subsistence,
and per diem as provided by G.S. 138-5.
(d) The Regional Response Team Advisory Committee shall advise the Secretary
on the establishment of the program for
regional response to hazardous materials emergencies in the State. The Committee
shall also evaluate and advise the
Secretary of the need for additional regional response teams to serve the State.
(1993 (Reg. Sess., 1994), c. 769, s. 22.4(b);
1997-261, s. 108; 1997-443, s. 11A.123; 2002-179, s. 21(g).)
§ 166A-27. Action for the recovery of costs of hazardous materials emergency
response.
A person who causes the release of a hazardous material requiring the activation of
a regional response team shall be
liable for all reasonable costs incurred by the regional response team in responding
to and mitigating the incident. The
Secretary shall invoice the person liable for the hazardous materials release, and, in
the event of nonpayment, may
institute an action to recover those costs in the superior court of the county in which
the release occurred. (1993 (Reg. Sess.,
1994), c. 769, s. 22.4(b).)
§ 166A-28. Hazardous Materials Emergency Response Fund.
There is established in the Department of Crime Control and Public Safety a fund
for those monies collected pursuant to
G.S. 166A-27. The Fund is also authorized to accept any gift, grant, or donation of
money or property to facilitate the
establishment and operation of the regional response system.
(1993 (Reg. Sess., 1994), c. 769, s. 22.4(b).)
Article 3.
Disaster Service Volunteer Leave Act.
§ 166A-30. Short title.
This act may be cited as the Disaster Service Volunteer Leave Act. (1993, c. 13, s.
1.)
As used in this Article:
(1) "Certified disaster service volunteer" means a person who has completed the
282
necessary training for and been certified as a disaster service specialist by the
American National Red Cross.
(2) "Disaster" means a disaster designated at Level III or higher in the American
National Red Cross Regulations and Procedures.
(3) "State agency" means and includes all departments, institutions, commissions,
committees, boards, divisions, bureaus, officers, and officials of the State, including
those within the legislative and judicial branches of State government. (1993, c. 13,
s. 1.)
§ 166A-32. Disaster service volunteer leave.
An employee of a State agency who is a disaster service volunteer of the
American Red Cross may be granted leave from
his work with pay for a time not to exceed 15 work days in any 12-month period to
participate in specialized disaster relief
services for the American Red Cross. To be granted leave, the request for the
services of that employee must come from the
American Red Cross. The decision to grant the employee leave rests in the sole
discretion of the employing State agency based
on the work needs of that agency. Employees granted leave pursuant to this Article
shall not lose seniority, pay, vacation
time, sick time, or earned overtime accumulation. The State agency shall
compensate an employee granted leave under this
Article at the regular rate of pay for those regular work hours during which the
employee is absent from his work. Leave under
this Article shall be granted only for services related to a disaster occurring within
the United States.
The State of North Carolina shall not be liable for workers compensation claims
arising from accident or injury while the
State employee is on assignment as a disaster service volunteer for the American
Red Cross. Duties performed while on disaster
leave shall not be considered to be a work assignment by a state agency. The
employee is granted leave based on the need for the
employee's area of expertise. Job functions although similar or related are
performed on behalf of and for the benefit of the
American Red Cross. (1993, c. 13, s. 1; 2001-508, s. 6.)
§ 166A-33 through 166A-39. Reserved for future codification purposes.
Article 4.
Emergency Management Assistance Compact.
§ 166A-40. Title of Article; entering into Compact.
(a) This Article may be cited as the Emergency Management Assistance Compact.
(b) The Emergency Management Assistance Compact, hereinafter "Compact", is
hereby enacted into law and entered into by this
State with all other states legally joining therein, in the form substantially as set forth
in this Article. This Compact is made
and entered into by and between the party states which enact this Compact. For the
purposes of this Article, the term
"states" means the several states, the Commonwealth of Puerto Rico, the District of
Columbia, and all United States
territorial possessions and the term "party states" means the participating member
states which enact and enter into this
Compact. (1997-152, s. 1.)
283
§ 166A-41. Purposes and authorities.
(a) The purpose of this Compact is to provide for mutual assistance between the
party states in managing any emergency or
disaster that is duly declared by the governor of the affected state or states,
whether arising from natural disaster,
technological hazard, man-made disaster, civil emergency aspects of resources
shortages, community disorders, insurgency, or
enemy attack.
(b) This Compact shall also provide for mutual cooperation in emergency-related
exercises, testing, or other training
activities using equipment and personnel simulating performance of any aspect of
the giving and receiving of aid by party states
or subdivisions of party states during emergencies, such actions occurring outside
actual declared emergency periods. Mutual
assistance in this Compact may include the use of the states' national guard forces,
either in accordance with the National
Guard Mutual Assistance Compact or by mutual agreement between states. (1997152, s. 1.)
§ 166A-42. General implementation.
(a) Each party state recognizes that many emergencies transcend political
jurisdictional boundaries and that
intergovernmental coordination is essential in managing these and other
emergencies under this Compact. Each party state
further recognizes that there will be emergencies that require immediate access and
present procedures to apply outside
resources to respond to emergencies effectively and promptly. This is because few,
if any, individual states have all the
resources that they may need in all types of emergencies or the capability of
delivering resources to areas where emergencies
exist.
(b) The prompt, full, and effective utilization of resources of the participating states,
including any resources on hand or
available from the federal government or any other source, that are essential to the
safety, care, and welfare of the people in
the event of any emergency or disaster declared by a party state, shall be the
underlying principle on which all articles
of this Compact shall be understood.
(c) On behalf of the governor of each party state, the legally designated state
official who is assigned responsibility
for emergency management shall be responsible for formulation of the appropriate
interstate mutual aid plans and procedures
necessary to implement this Compact. (1997-152, s. 1.)
§ 166A-43. Party state responsibilities.
(a) It shall be the responsibility of each party state to formulate procedural plans
and programs for interstate
cooperation in the performance of the responsibilities listed in this Article. In
formulating the plans, and in carrying them
out, the party states, insofar as practicable, shall:
1) Review individual state hazards analyses and, to the extent reasonably possible,
determine all those potential emergencies the party state might jointly suffer,
whether due to natural disaster, technological hazard, man-made disaster,
emergency aspects of resource shortages, civil disorders, insurgency, or enemy
attack.
284
(2) Review the party states' individual emergency plans and develop a plan that will
determine the mechanism for the interstate management and provision of
assistance concerning any potential emergency.
(3) Develop interstate procedures to fill any identified gaps and to resolve any
identified inconsistencies or overlaps in existing or developed plans.
(4) Assist in warning communities adjacent to or crossing the state boundaries.
(5) Protect and assure uninterrupted delivery of services, medicines, water, food,
energy and fuel, search and rescue, and critical lifeline equipment services, and
resources, both human and material.
(6) Inventory and set procedures for the interstate loan and delivery of human and
material resources, together with procedures for reimbursement or forgiveness.
(7) Provide, to the extent authorized by law, for temporary suspension of any
statutes or ordinances that restrict the implementation of the above responsibilities.
(b) The authorized representative of a party state may request assistance of
another party state by contacting the authorized representative of that state. The
provisions of this Compact shall only apply to requests for assistance made by and
to authorized representatives. Requests may be verbal or in writing. If verbal, the
request shall be confirmed in writing within 30 days of the verbal request. Requests
shall provide the following information:
(1) A description of the emergency service function for which assistance is needed,
including fire services, law enforcement, emergency medical, transportation,
communications, public works and engineering, building inspection, planning and
information assistance, mass care, resource support, health and medical services,
and search and rescue.
(2) The amount and type of personnel, equipment, materials and supplies needed,
and a reasonable estimate of the length of time they will be needed.
(3) The specific place and time for staging of the assisting party's response and a
point of contact at that location.
(c) There shall be frequent consultation between state officials who have assigned
emergency management responsibilities and other appropriate representatives of
the party states with affected jurisdictions and the federal government, with free
exchange of information, plans, and resource records relating to emergency
capabilities. (1997-152, s. 1.)
§ 166A-44. Limitations.
(a) Any party state requested to render mutual aid or conduct exercises and training
for mutual aid shall take such action as is necessary to provide and make available
the resources covered by this Compact in accordance with the terms
hereof; provided that the state rendering aid may withhold resources to the extent
necessary to provide reasonable protection for such state.
(b) Each party state shall afford to the emergency forces of any party state while
operating within its state limits under the terms and conditions of this Compact, the
same powers (except that of arrest unless specifically authorized by the
receiving state), duties, rights, and privileges as are afforded forces of the state in
which they are performing emergency services. Emergency forces will continue
under the command and control of their regular leaders, but the organizational units
will come under the operational control of the emergency services authorities of the
state receiving assistance. These conditions may be activated, as needed, only
subsequent to a declaration of a state of emergency or disaster by the governor
of the party state that is to receive assistance or commencement of exercises or
training for mutual aid and shall continue so long as the exercises or training for
mutual aid are in progress, the state of emergency or disaster remains in effect,
or loaned resources remain in the receiving state or states, whichever is longer.
(1997-152, s. 1.)
§ 166A-45. Licenses and permits.
285
Whenever any person holds a license, certificate, or other permit issued by any
party state evidencing the meeting of qualifications for professional, mechanical, or
other skills, and when assistance is requested by the receiving party state, the
person shall be deemed licensed, certified, or permitted by the state requesting
assistance to render aid involving skill to meet a declared emergency or disaster,
subject to any limitations and conditions the governor of the requesting state
may prescribe by executive order or otherwise. (1997-152, s. 1.)
§ 166A-46. Liability.
Officers or employees of a party state rendering aid in another state pursuant to this
Compact shall be considered agents of the requesting state for tort liability and
immunity purposes; and no party state or its officers or employees rendering aid in
another state pursuant to this Compact shall be liable for any act or omission
occurring as a result of a good faith attempt to render aid or as a result of the use of
any equipment or supplies used in connection with an attempt to render aid. For the
purposes of this Article, "good faith" does not include willful misconduct, gross
negligence, or recklessness. (1997-152, s. 1.)
§ 166A-47. Supplementary agreements.
Inasmuch as it is probable that the pattern and detail of the machinery for mutual
aid among two or more states may differ from that among the states that are party
hereto, this instrument contains elements of a broad base common to all
states, and nothing herein contained shall preclude any state from entering into
supplementary agreements with another state or affect any other agreements
already in force between states. Supplementary agreements may comprehend, but
shall not be limited to, provisions for evacuation and reception of injured and other
persons and the exchange of medical, fire, police, public utility, reconnaissance,
welfare, transportation and communications personnel, and equipment and
supplies. (1997-152, s. 1.)
§ 166A-48. Compensation.
Each party state shall provide for the payment of compensation and death benefits
to injured members of the emergency forces of that state and representatives of
deceased members of the forces in case the members sustain injuries or are killed
while rendering aid pursuant to this Compact, in the same manner and on the same
terms as if the injury or death were sustained within their own state. (1997-152, s.
1.)
§ 166A-49. Reimbursement.
Any party state rendering aid in another state pursuant to this Compact shall be
reimbursed by the party state receiving the aid for any loss or damage to or
expense incurred in the operation of any equipment and the provision of any service
in
answering a request for aid and for the costs incurred in connection with the
requests; provided, that any aiding party
state may assume in whole or in part the loss, damage, expense, or other cost, or
may loan the equipment or donate the services
to the receiving party state without charge or cost; and provided further, that any
two or more party states may enter
into supplementary agreements establishing a different allocation of costs among
those states. (1997-152, s. 1.)
§ 166A-50. Evacuation.
Plans for the orderly evacuation and interstate reception of portions of the civilian
population as the result of any emergency or disaster of sufficient proportions to so
warrant shall be worked out and maintained between the party states and the
286
emergency management or services directors of the various jurisdictions where any
type of incident requiring evacuations might occur. Plans shall be put into effect by
request of the state from which evacuees come and shall include the manner of
transporting the evacuees, the number of evacuees to be received in different
areas, the manner in which food, clothing, housing, and medical care will be
provided, the registration of the evacuees, the providing of facilities for the
notification of relatives or friends, and the forwarding of the evacuees to other areas
or the bringing in of additional materials, supplies, and all other relevant factors. The
plans shall provide that the party state receiving evacuees and the party state from
which the evacuees come shall mutually agree as to reimbursement of out-ofpocket expenses incurred in receiving and caring for evacuees, for expenditures for
transportation, food, clothing, medicines and medical care, and like items. The
expenditures shall be reimbursed as agreed by the party state from which the
evacuees come and that party state shall assume the responsibility for the ultimate
support of repatriation of the evacuees. (1997-152, s. 1.)
§ 166A-51. Effective date.
(a) This Compact shall become operative immediately upon its enactment into law
by any two states; thereafter, this Compact shall become effective as to any other
state upon its enactment by the state.
(b) Any party state may withdraw from this Compact by enacting a statute
repealing the same, but no withdrawal shall take effect until 30 days after the
governor of the withdrawing state has given notice in writing of the withdrawal to the
governors of all other party states. The action shall not relieve the withdrawing state
from obligations assumed hereunder prior to the effective date of withdrawal.
(c) Duly authenticated copies of this Compact and of any supplementary
agreements as may be entered into shall, at the time of their approval, be deposited
with each of the party states and with the Federal Emergency Management Agency
and other appropriate agencies of the federal government. (1997-152,s. 1.)
§ 166A-52. Validity.
If any provision of this Compact is declared unconstitutional, or the applicability
thereof to any person or circumstances is held invalid, the constitutionality of the
remainder of this act and the applicability thereof to other persons and ircumstances
shall not be affected thereby. (1997-152, s. 1.)
§ 166A-53. Additional provisions.
Nothing in this Compact shall authorize or permit the use of military force by the
national guard of a state at any place outside that state in any emergency for which
the President is authorized by law to call into federal service the militia, or for any
purpose for which the use of the Army or the Air Force would in the absence of
express statutory authorization be prohibited under section 1385 of Title 18, United
States Code. (1997-152, s. 1.)
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FORMS OF GOVERNMENT IN WILKES COUNTY
Wilkes County
Wilkes County has a Commission / Manager form of government. The Chairman of the
Board of Commissioners is the chief elected official of the county and presides over
Commission meetings that are normally held bi-monthly . The County Manager is the
chief appointed official of county government.
The key positions for the county are:
Chairman of the Board of Commissioners
Vice Chairman of the Board of Commissioners
Members of the Board of Commissioners
County Manager
Department heads
Wilkes County Board of Health
Wilkes County Planning Board
Wilkes County School Board
Town of North Wilkesboro
The Town of Stony Point has a Council / Manager form of government. The Mayor is
the chief elected official of the city and presides over council meetings that are normally
held bi-monthly. The Town Manager is the chief appointed official of city government.
The key positions for the town are:
Mayor
Mayor Pro-Tem
Members of the Council
Town Manager
Department heads
Town of Ronda
The Town of Hiddenite has a Mayor / Council form of government. The Mayor is the
chief elected official of the city and presides over council meetings that are normally
held bi-monthly. The town does not have a manager.
Mayor
Mayor Pro-Tem
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Town of Wilkesboro
The Town of Wilkesboro has a Council / Manager form of government. The Mayor is
the chief elected official of the city and presides over council meetings that are normally
held bi-monthly. The City Manager is the chief appointed official of city government.
Mayor
Mayor Pro-Tem
Town Manager
Department heads
Minimum Criteria for Local Hazard Mitigation Plans
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The following criteria are established to serve as the basic guidelines for local governments that
are preparing to develop a hazard mitigation plan for approval by the Mitigation Section of the
North Carolina Division of Emergency Management (DEM).
The criteria are based upon OEM's guidance document entitled Keeping Natural Hazards from
Becoming Natural Disasters: A Basic Mitigation Guidebook for Local Governments. This
document is available from DEM and should be referred to for more specific planning guidance.
The criteria listed below represent the minimum standards for a hazard mitigation plan to be
deemed satisfactory by the Risk Assessment and Planning Branch. Local governments are
encouraged to go above and beyond these minimum standards in preparing their mitigation
plans.
The Division of Emergency Management and its partners are prepared to provide detailed,
technical planning assistance upon request to all local governments throughout the duration of
their planning efforts.
I.
X
X
X
X
II.
X
X
X
X
X
X
III.
X
X
X
IV.
Hazard Identification and Analysis
Form a Mitigation Advisory Committee comprised of required members. (See
attachment regarding Mitigation Advisory Committees)
Identify each hazard that could potentially affect the community.
Using the best available data, conduct an analysis of each hazard in terms of
frequency, strength, impact and likely location of occurrence. Specific to the flood
hazard, best available data should include any high Water marks measured during
recent flood events.
Develop a multi-hazard map of the community showing flood-prone areas and any
locations particularly vulnerable to the effects of other hazards. Areas historically prone
to flooding but not included on Flood Insurance Rate Maps should also be marked.
Vulnerability Assessment
Conduct an inventory of all critical facilities and any vulnerable residential, commercial,
industrial and public structures.
Estimate the potential cost of damage to the above facilities and structures.
Identify and map any repetitively damaged facilities or structures.
Identify and map any highly vulnerable populations of the community. (Click here for
map images)
Identify and map the areas of greatest risk. (Click here for map images)
Conduct an inventory of projected populations, facilities and structures in vulnerable
areas if current development trends continue and current land use policies remain
unchanged. Estimate the potential future damage costs.
Community Capability Assessment
Conduct an inventory of the community's existing and proposed policies, programs and
ordinances that may affect its vulnerability to hazards.
Evaluate the effectiveness of each policy, program and ordinance for mitigation
purposes. Note any gaps, shortfalls or conflicts associated with their design,
enforcement or Implementation. Also identify any special opportunities which could be
capitalized upon.
Determine the community's technical and fiscal capabilities to implement hazard
mitigation initiatives. The ability to leverage funding assistance from of all levels of
government as well as contributions by private sector or non-governmental
organizations should be included.
Community Goals
290
X
X
X
V.
X
X
X
X
X
X
X
X
Identify any existing community goals or objectives that support hazard mitigation
efforts.
Identify any existing community goals or objectives that could potentially hinder hazard
mitigation efforts.
Determine the need for modifying old goals or creating new goals relevant to hazard
mitigation.
Mitigation Strategy
Develop a listing of new or revised goals and objectives for hazard mitigation.
Develop a listing of new policies, programs, ordinances or initiatives that will help
achieve the mitigation goals and objectives. This listing should address the full range of
tools and techniques available to the community to reduce its present and future
vulnerability to hazards, including but not limited to: land use practices and
development regulations; the provision of public infrastructure; property acquisition;
structural mitigation projects; information dissemination; and non-regulatory incentives.
Assign local responsibility for each proposed mitigation initiative and establish target
dates for their completion.
Establish a regular schedule and develop the procedures to evaluate, update and
enhance the hazard mitigation plan.
Obtain public input on the draft plan from at least one meeting at the end of the
planning process. This meeting must occur at least two weeks before submittal of the
recommended plan to the local governing body for adoption, unless local laws dictate
other procedures.
Submit a draft plan for review to the NCEM Mitigation Planner assigned to your
county/city. The planner will review the plan against the minimum criteria. Any
deficiencies will be returned to the community and changes should be made.
Submit a final draft of the hazard mitigation plan to the community's local governing
body for formal adoption.
Ensure the plan becomes adopted. Submit a copy of the adopted plan to NCEM for our
records.
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