110794Ift
Commissioners
Meeting Minutes —
11/7/94
The Randolph County Board of
Commissioners met
in regular session at 2:00 p.m.
O
on November 7, 1994, Commissioners
Meeting Room, 725
McDowell Road, Asheboro, NC.
Commissioners Kemp, Frye, Langley,
Petty and Comer were
present. Invocation was
given by Rev. Yvonne Pullman, Hopewell
Wesleyan Church,
Summerfield, NC.
Proclamation Honoring Retiring State Senator Russell Walker
Chairman Kemp read a proclamation honoring Senator Walker on his retirement.
On motion of Langley, seconded by Frye, the Board unanimously approved the
proclamation (ATTACHED). Chairman Kemp then presented to Senator Walker a plaque
with this proclamation engraved on it.
Plaque from Board of Health Honoring Commissioner Langle
MiMi Cooper, Health Director, presented a plaque of appreciation to
Commissioner Langley on behalf of the Board of Health, for 13 years of service on
their board.
Plaque from County Commissioners Honoring Commissioner Langle
Chairman Kemp presented a plaque of appreciation from the Board of
Commissioners to Commissioner Langley for 20 years of service on the Board.
Plaque from County Commissioners Honoring Commissioner Pett
Chairman Kemp presented a plaque of appreciation from the Board of
Commissioners to Commissioner Petty for 16 years of service on the Board.
Naming of Meeting Room in Cooperative Extension for Commissioner Langley O
Chairman Kemp announced that the meeting room in the Cooperative Extension
Service will be officially named in honor of Commissioner Floyd Langley in
recognition of his 20 years of service on the Board and because of his close ties to
the agricultural community in Randolph County. He then presented a plaque to
Commissioner Langley which will be on permanent display in the meeting room.
Additions to the Agenda
Chairman Kemp added the following items to the agenda, under New Business:
L. Letter of Intent for COPS Ahead Program; M. Discussion of Annexation of Timken
by the City of Randleman.
Consent Agenda
On motion of Frye, seconded by Langley, the Board unanimously approved the
consent agenda, as follows:
approve minutes of the October 3 meeting;
° adopt proclamation (ATTACHED) declaring November Diabetes Month;
reappoint Tom Meacham to the Nursing Home/Domiciliary Home Community Advisory
Committee;
° appoint Charles Tyson, Jack Pugh, Jr., Brenda Elliott, Bertha Stone, Dr. Ann
Suggs, John McGlohon, Carolyn Vickrey, Phyllis Lawrence, Kathy Ibsen, Carl Jordan,
Joy Ratliffe, and Ann Umstead to the Randolph County Aging Services Planning
Committee;
° reappoint Lisa Hardin to the Randolph County Child Protection Team; O
° set the regular January meeting date for Tuesday, January 3;
0 adopt a resolution (ATTACHED) authorizing the State to release funds to PTCOG.
Cablevision Resolution
Burt Kennedy, Manager of Cablevisi6n of Asheboro, informed the Board that Time
OWarner Entertainment Company, which is the parent company of Cablevision of Asheboro
and Cablevision of Archdale, has recently announced an agreement with Advance
Publications and Newhouse Broadcasting Corporation to create a new joint venture
cable operation to be called Time Warner Entertainment-Advance/Newhouse partnership.
The joint venture will be two-thirds owned by Time Warner, who will continue to be
the entity holding the cable TV franchise with Randolph County. The County's Cable
TV Franchise Ordinance requires Board approval when any new partnerships are formed
or any assets of the company are transferred.
On motion of Frye, seconded by Petty, the Board unanimously approved a
resolution (ATTACHED) authorizing and consenting to the transfer of the franchise
from Time Warner Entertainment to Time Warner Entertainment-Advance/Newhouse
Partnership.
Klaussner CDBG Closeout Public Hearing
At 2:30 p.m. the Board adjourned to a duly advertised closeout public hearing
on the Klaussner Community Development Block Grant (CDBG) project.
Tony Patnode of Hobbs, Upchurch & Associates, who provided grant administration
services for the Klaussner CDBG project, advised the Board that the County and
Klaussner have met all conditions required under the terms of the grant application.
A total of $977,133 of grant funds were expended for extending 4500 lineal feet of
12" water main, a 300,000 -gallon elevated tank, and 2200 lineal feet of gravity
sewer and pump station improvements. Mr. Patnode stated that the project created
0352 new jobs, with 70% of those being low -to -moderate income individuals.
Chairman Kemp invited comments from the public on this project. No one spoke,
and Chairman Kemp closed the public hearing.
On motion of Langley, seconded by Petty, the Board unanimously authorized the
Chairman to execute necessary closeout documents.
Smart Start
Sue Daughtry, Smart Start Coordinator, summarized Randolph County's involvement
with the Smart Start program. She said Randolph County has applied for a Smart
Start grant two years in a row but has not been chosen. The County did, however,
receive $15,000 this past year for research. Ms. Daughtry said Randolph County has
moved up in county rankings from 60 to 27 and that we should have a good chance if
we apply again.
Chairman Kemp thanked Ms. Daughtry for her work on Smart Start and asked her to
continue to represent Randolph County in this area::.
Critical Habitat
Frank Willis, County Manager, stated that the N.C. Association of County
Commissioners has advised that the North Carolina Citizens for Business and Industry
will probably file a lawsuit concerning the new Critical Habitat regulations and
that there is no need for Randolph County to take separate action at this time. The
filing deadline is December 22, 1994.
CFiremen's Relief Fund
Rick Davis, County Fire Marshal, stated that after questions arose in the
Commissioners meeting last month about how the Firemen's Relief Fund works, he
invited Paul Miller, Executive Secretary of the N.C. Firemen's Relief Fund, to come O
brief the Board on how this fund works.
Mr. Miller explained that the N.C. Firemen's Relief Fund was enacted into law
in 1907 for the benefit of firemen injured or disabled in the line of duty. Later
legislation expanded allowed uses. An eight -member board oversees the Fund at the
state level. Money comes into the Fund in Raleigh from every fire insurance company
doing business in North Carolina --50C out of every $100 on all premiums for fire and
lightning policies covering property situated within a town or fire district served
by a fire department. The State Insurance Commissioner disburses the funds to the
qualifying fire departments each June. To qualify, a fire department must be a
member of the NC State Firemen's Association and submit to them for approval a
yearly financial statement and fire condition report by October 31 each year. Each
fire department has a five -member board who oversees and disburses money from this
Fund. County Commissioners appoint two of these five members; the Insurance
Commissioner appoints one, on recommendation of the local fire chief; and the fire
department members appoint the remaining two.
Commissioner Frye requested a copy of the financial statements submitted by the
qualifying fire departments in Randolph County, and Mr. Miller indicated he would
mail a copy to the County.
Appointments - Eastside Firemen's Relief Fund
On motion of Petty, seconded by Comer, the Board unanimously appointed Jimmy
Pell and Jack Trogdon to the Eastside Firemen's Relief Fund. O
Resolution Supporting Increased State Aid to N.C. Public Libraries
Richard Wells, Library Director, stated that each library director in the state
will be requesting their county commissioners to support the N.C. Public Library
Director's Association's legislative goals and lobbying efforts. These goals are to
increase State aid to libraries to $25,000,000; provide State funds to assist local
governments with the construction of public library facilities; and to fund the
State Library's expansion request for $716,146.
On motion of Frye, seconded by Comer, the Board unanimously adopted a
resolution (ATTACHED) endorsing these goals.
Randolph Arts Guild Request for County Funds
Allen Liles of the Randolph Arts Guild made a plea for the Arts Guild to be
reinstated in the County budget at the previous level, which was $10,000. He
explained revenue sources for their $225,000 budget. He introduced Phil Shore,
their new executive director.
Mr. Shore highlighted the Guild's programs, activities, and services to the
community. He said that the state average for local government support to arts
guilds is 20%, and that Randolph County's was 5%.
Commissioner Frye stated that when the Board decided not to fund the Arts Guild
during the last budget process, many citizens thanked him, saying they did not think
it an appropriate use of tax dollars. He said he didn't like to take money from the O
Contingency Fund with winter coming on.
On motion of Comer, seconded by Petty, the Board voted to reinstate the
re.k'rjc�,.
Randolph Arts Guild in funding at the same level;as before. Commissioner Frye
Oopposed this motion.
Budget Amendment - Randolph Arts Guild
On motion of Petty, seconded by Comer, the Board approved Budget Amendment 1118
(ATTACHED), which allocates $10,000 for the Randolph Arts Guild from Contingency.
Commissioner Frye opposed this motion.
Rezoning Public Hearing
At 4:00 p.m. the Board adjourned to a duly advertised public hearing to
consider rezoning requests. Hal Johnson, Zoning Administrator, presented the
following requests:
1. Harold Brower, Staley, is requesting that 4.94 acres at 2530 NC Hwy 49 N,
Columbia Township, be rezoned from RA/CU to HC/CU to operate a planned business
development. The Planning Board unanimously recommended approval.
2. Gilbert Davis, Randleman, is requesting that 7 acres on Gilbert Davis Road, New
Market Township, be rezoned from RA to RM/CU to develop a 7 -space mobile home park
(2 existing spaces and 5 new spaces). The Planning Board unanimously recommended
approval.
3. Harris Brown, Sophia, is requesting that 5 acres on Hwy 311, New Market
Township, be rezoned from RA to LI for industrial purposes. The Planning Board
unanimously recommended approval.
O Citizen Comment - Request 111
No one spoke.
Citizen Comment - Request 112
No one spoke.
Citizen Comment - Request 113
No one spoke.
Chairman Kemp closed the public hearing.
Board Action on Requests
On motion of Frye, seconded by Petty, the Board unanimously approved the
request of Harold Brower.
On motion of Frye, seconded by Petty, the Board unanimously approved the
request of Gilbert Davis.
On motion of Frye, seconded by Petty, the Board unanimously approved the
request of Harris Brown.
Public Hearing - Amendment to Unified Development Ordinance: Flood Damage
Prevention Ordinance
Hal Johnson presented a proposed updated Flood Damage Prevention Ordinance,
�\ which he said is a model ordinance provided and approved by the Insurance Division
(� of the Federal Emergency Management Agency. Mr. Johnson stated that adoption and
enforcement of this ordinance would allow Randolph County to be eligible for
participation in the National Flood Insurance Program.
Sao
Chairman Kemp opened the public hearing on this proposed ordinance. No one O
spoke, and Chairman Kemp closed the public hearing':
On motion of Langley, seconded by Frye, the Board unanimously adopted this
updated Flood Damage Prevention Ordinance (ATTACHED) as an amendment to the County's
comprehensive Unified Development Ordinance.
Resolution Conveying to City of Asheboro Title to Pumping Stations, Water 6 Sewer
Lines, and Meter Vault from City Limits to NC Zoo
Ed Gavin, County Attorney, stated that in 1974 the County and the City of
Asheboro worked out an agreement for providing the NC Zoo with water and sewer
services. The agreement included easements for water and sewer lines and three
parcels of land for pumping stations. The County issued bonds to pay for the
infrastructure and land to provide these services from the City. The agreement
stated that when the bonds were paid off, ownership would pass to the City. Mr.
Gavin stated that he and Mr. Willis feel that it is appropriate for the County to
execute a deed of conveyance to the City conveying legal title to said facilities so
that there will be a record of legal title to the properties recorded in the
Register of Deeds office.
On motion of Langley, seconded by Comer, the Board unanimously adopted a
resolution (ATTACHED) approving the execution of a deed of conveyance to the City of
Asheboro for these properties.
Privatization of Solid Waste Services
David Townsend, Public Works Director, advised the Board that due to the
O
lengthy review and permitting of new lined landfills, which will be required in
1998, the County must now develop its plans for handling solid waste in the future.
The County's two options are to build a lined landfill and operate at its current
location or to build a transfer station and transport solid waste out of the county
(privatization). Mr. Townsend stated that he is working with consulting engineers
to develop the cost for the first option, but that to develop the .cost for privati-
zation, he will request proposals from solid waste vendors on three different
services: to operate a County -owned transfer station, to haul solid waste from the
transfer station to an approved landfill; and to dispose of solid waste in a
Subtitle "D" lined landfill. He said that he and a review committee will select the
two most qualified vendors for each service through a point system used to evaluate
their proposals. At this point the Public Works Department will be in a position to
compare cost -per -ton information for constructing, operating, and closing a new
lined landfill versus cost -per ton information on transferring solid waste from the
county. Then, if privatization is chosen, Mr. Townsend and the review committee
will negotiate with those selected to obtain the best deal for the County. Mr.
Townsend stated that he needed approval from the Board on the review process just
outlined before he can proceed.
On motion of Frye, seconded by Petty, the Board approved the review process
outlined by Mr. Townsend and authorized him to proceed.
Cons Ahead Proeram
Major Allen McNeill informed the Board that the Crime Bill has made grant funds
available to sheriff's departments for additional officers. Grant applications for '
this three-year Cops Ahead program must be in by November 10. Counties can apply
for 3% of their force, which would mean two officers for Randolph. Major McNeill
said these two would be added to the -Breaking & Entering Task Force. In the first
Oyear, the County must provide a 25% match of funds.'
On motion of Petty, seconded by Langley, the Board unanimously approved a
letter of intent to participate in this program.
Budget Amendment - Law Enforcement Restricted Account
On motion of Frye, seconded by Petty, the Board unanimously approved Budget
Amendment 1117 (ATTACHED), which appropriates $27,000 from the law enforcement
restricted account for the purchase of equipment for the Sheriff's Department.
Budget Amendment - CBA
On motion of Frye, seconded by Langley, the Board unanimously approved Budget
Amendment 1116 (ATTACHED), which reflects $226,815 of State funds and $366 of local
contributions to be added to the Community Based Alternatives budget.
Budget Amendment - Health
On motion of Frye, seconded by Langley, the Board unanimously approved Budget
Amendment 1115 (ATTACHED), which reflects a $420 reduction in environmental health
funds from the State for the Health Department.
Annexation of Timken by City of Randleman
Commissioner Frye stated that when Timken was initially considering Randolph
County sites,the City of Randleman was involved. At that time, Timken was assured
that they would not be annexed in the near future. Timken has just begun operations
and Randleman has already announced their intentions to annex them. Mr. Frye said
Othat the County Commissioners worked to get Timken here and that he feels the Board
should intervene on their behalf. He said that Timken realizes that annexation is
inevitable, but they thought they could work out an agreement with Randleman similar
to the one Goodyear and the City of Asheboro worked out. In this case, however,
Timken did not know of Randleman's intentions until they read about it in the
newspaper.
On motion of Frye, seconded by Petty, the Board unanimously voted to ask the
Randleman Board of Aldermen to rescind their resolution of intent to annex Timken
until some future more suitable date, in keeping with the spirit in which Timken was
recruited.
Closed Session - Location or Expansion of Business
On motion of Petty, seconded by Frye, the Board voted at 5:30 p.m. to go into
closed session to discuss matters relating to the location or expansion of business
in the area served by this body, pursuant to NCGS 143-318.11(a)(4). They returned
to regular session at 5:50 p.m. and did not take any action relative to the closed
session.
Adjournment
With no further business, the Board
everyonew nvited to stay for the rec
Lanp_}ey nd,Pe y, which would be held i
adjourned. Chairman Kemp announced that
ption h noring outgoing Commissioners
�ediatelfollowing thvs meeting.
tty
ice D. Dawson, Clerk to the Board
lay:
M
RANDOLPH COUNTY BOARD OF COMMISSIONERS
Randolph County Office Building ❑ 725 McDowell Road ❑ Post Office Box 4728
Asheboro, North Carolina 27204-4728 ❑ Telephone: (910) 318-6300
PROCLAMATION
WHEREAS, Russell G. Walker, through his 20 years as a North Carolina
State Senator, has given so unselfishly of his time, energy, and resources in
attempting to make the dream of human dignity, equal justice and opportunity a
reality for all citizens; and
WHEREAS, Russell G. Walker has earned the respect and admiration of his
fellow citizens by demonstrating the virtues of honor, integrity, outstanding
leadership, and moral character in both his professional and personal lives.
NOW, THEREFORE, BE IT PROCLAIMED by the RANDOLPH
COUNTY BOARD OF COMMISSIONERS that we honor Russell G. Walker for
his years of faithful and dedicated service to the citizens of North Carolina and
extend to him and his family our deep appreciation and gratitude.
This, the 7th day of November, 1994
Zf/KLnfV/, Chairman
Randolph CKuunty Board of Commissioners
— TOLL FREE NUMBERS —
Greensboro Area: 218-4300 / Archdale -Trinity Area: 819-3300 / Liberty Area: 218-4300
O
O
O
0
RANDOLPH COUNTY COMMISSIO
CLOSED SESSION MINUTES
November 7, 1994
At 5:30 p.m. the Board went into closed session to discuss matters relating
to the location or expansion of business in the area served by this body,
pursuant to NCGS 143-318.11(a)(4). Commissioners Kemp, Frye, Langley, Petty,
and Comer were present. Also present were Frank Willis, County Manager; Alice
Dawson, Clerk to the Board; Ed Gavin, County Attorney; Walter Sprouse, President
of the Randolph County Economic Development Corporation; and Robert Davis,
Commissioner -elect.
Mr. Sprouse stated that he was making a request on behalf of G. 0. Wilson
Building Company of Statesville, who is constructing a building in Asheboro and
leasing it to Southcor. He said that Mr. Wilson is asking the County to help
with the cost of a rail spur, but that construction on the building had already
begun before a specific request for incentives was made. Mr. Sprouse said that
1/3 of the property is in the City of Asheboro and 2/3 is in the county.
The Board discussed the request, noting that construction had already begun
before the request to the County was made. After due consideration, Chairman
Kemp asked for any motions concerning the request, and no motion was made.
Closed session ended at
Darrell Frye
Martha Comer
/r/ • Q/2lL�Q,4'
Alice D. Dawson, Clerk to the Board
These minutes were approved at the December 5, 1994 meeting.
These minutes were unsealed at the March 13, 1995 meeting.
RANDOLPH COUNTY BOARD OF COMMISSIONERS
Randolph County Office Building ❑ 725 McDowell Road ❑ Post Office Box 4728
Asheboro, North Carolina 27204-4728 ❑ Telephone: (910) 318-6300
Imo, iI1)A_i4/;. 11 (ID
NATIONAL DIABETES MONTH, 1994
WHEREAS, nearly 14 million Americans, 400,000 North Carolinians, and
between 2,945 and 4,275 residents of Randolph County have diabetes, an
incurable disease that impairs the body's ability to convert sugar into
energy; and
WHEREAS, diabetes is the fourth -leading cause of death by disease in
the United States; and
WHEREAS, in this year alone, more than 650,000 Americans will
contract the disease and 160,000 will die from it, including a
disproportionate number of Hispanic Americans, African Americans, and
Native Americans; and
UWHEREAS, people with diabetes have a high risk of developing serious
complications, such as blindness, kidney disease, heart attack and stroke;
and
WHEREAS, an increase in community awareness of diabetes, new research
findings, and the American Diabetes Association, may stimulate public
action in increasing research toward a cure, and inspire people to take
better control of their disease and live a healthier life;
NOW, THEREFORE, THE RANDOLPH COUNTY BOARD OF COMMISSIONERS, do hereby
proclaim the month of November 1994 to be National Diabetes Month, calling
upon every citizen in Randolph County to participate in efforts that
support research to end diabetes and improve the lives of all those who
have this disease.
This is the 7th day of November, 1994.
G
rman
h' e
WRando ph Cou Board of Commissioners
— TOLL FREE NUMBERS —
Greensboro Area: 218-4300 / Archdale -Trinity Area: 819-3300 / Liberty Area: 218-4300
Ia3
I ay
G�p917. Ip9i
RANDOLPH COUNTY BOARD OF COMMISSIONERS
e Ta
O
s �+ Randolph County Office Building ❑ 725 McDowell Road ❑ Post Office Box 4728
u
1779 Asheboro, North Carolina 27204-4728 ElTelephone: (910) 318-6300
RESOLUTION
WHEREAS, in North Carolina the Lead Regional Organizations, as
voluntary organizations serving municipal and county governments, have
established productive working relationships with the cities and counties
across this state; and
WHEREAS, the 1994 General Assembly recognized this need through the
appropriation of $864,270 to help the Lead Regional Organizations assist
local governments with grant applications, economic development, community
development, and to support local industrial development activities and
other activities as deemed appropriate by their local governments; and
WHEREAS, these funds are not intended to be used for payment of
member dues or assessments to a Lead Regional Organization or to supplant
funds appropriated by the member governments; and
WHEREAS, in the event that a request is not made by the Randolph O
County Board.of Commissioners for release of these funds to our Regional
Council, the available funds will revert to the State's general fund; and
WHEREAS, in Region G, funds in the amount of $48,015 will be used to
carry out the 1994-95 Program of Work, which was approved by the Piedmont
Triad Council of Governments' Board on June 15, 1994.
NOW, THEREFORE, BE IT RESOLVED, that the Randolph County Board of
Commissioners requests the release of its share of these funds, $7,227.67,
to the Piedmont Triad Council of Governments at the earliest possible time
in accordance with the provisions of Chapter 321, Senate Bill 27, Section
39 of the 1994 Session Laws.
This is the 7th day of November, 1994.
Cih n irman
an ph Cc ty Board of Commissioners
Alice D. Dawson, Clerk
Randolph County Board of Commissioners
— TOLL FREE NUMBERS —
Greensboro Area: 218-4300 / Archdale -Trinity Area: 819-3300 / Liberty Area: 218-4300
RANDOLPH COUNTY BOARD OF COMMISSIONERS
Randolph County Office Building ❑- .725 McDowell Road ❑ Post Office Box 4728
Asheboro, North Carolina 27204-4728 ❑ Telephone: (910) 318-6300
RESOLUTION
WHEREAS, Time Warner Entertainment Company, L.P. ("TWE") is the
holder of a franchise (the "Franchise") to provide cable television
service for the County of Randolph; and
WHEREAS, TWE with Advance Publications and Newhouse Broadcasting
Corporation will create a new joint venture cable operation to be called
Time Warner Entertainment-Advance/Newhouse Partnership; and
WHEREAS, the joint venture will be managed by TWE and be two-thirds
owned by TWE and one-third owned by Advance/Newhouse, a partnership of
Newhouse Broadcasting and Advance Publications Inc.; and
WBEREAS, the Time Warner Entertainment -Advance Newhouse Partnership
will be bound by the terms and conditions of the Franchise subject to
applicable law.
NOW, THEREFORE, BE IT RESOLVED, by the Randolph County Board of
CCommissioners that, insofar as may be necessary or advisable under the
Franchise, transfer of the Franchise and the cable television system
operating pursuant to the Franchise from TWE to Time Warner
Entertainment-Advance/Newhouse Partnership (including any necessary
transfers through one or more Time Warner entities) is hereby authorized
and consented to in all respects.
This is the 7th day of November, 1994.
dM
airman
olph C my Board of Commissioners
— TOLL FREE NUMBERS —
Greensboro Area: 218-4300 / Archdale -Trinity Area: 819-3300 / Liberty Area: 218-4300
,a5
1 �,(D
�NUN1 T. Ip9!
`a RANDOLPH COUNTY BOARD OF COMMISSIONERS
`' •�� .: .A moi. �
s �+ Randolph County Office Building ❑ 725 McDowell Road ❑ Post Office Box 4728
a 177% �. Asheboro, North Carolina 27204-4728 ❑ Telephone: (910) 318-6300
A RESOLUTION
ENDORSING AND SUPPORTING THE
NORTH CAROLINA PUBLIC LIBRARY DIRECTOR'S ASSOCIATION'S
1995 LEGISLATIVE PRIORITIES
WHEREAS, the North Carolina Public Library Director's Association
(NCPLDA) represents interests of the public libraries in North Carolina's
communities; and
WHEREAS, the NCPLDA is seeking increased state funding for local
libraries in order to better provide basic library services and to meet
construction needs; and
WHEREAS, the North Carolina Division of State Library provides
critical services for local libraries across the state;
NOW, THEREFORE, BE IT RESOLVED that the Randolph County Board of
Commissioners does hereby endorse and fully support the NCPLDA's 1995
legislative priorities, which are as follows:
1. increase state aid to local libraries from its current $10.9
million to $25 million;
2. provide state funds to assist local governments with the
construction of public library facilities;
3. fund the State Library's expansion request of $716,146 for
the 1995-96 biennium.
This the 7th day of November, 1994.
M0M*ea—r iman
oy Board of Commissioners
— TOLL FREE NUMBERS —
Greensboro Area: 218-4300 / Archdale -Trinity Area: 819-3300 / Liberty Area: 218-4300
Amendment # 18
AMENDMENT TO THE
RANDOLPH COUNTY BUDGET ORDINANCE
FISCAL YEAR -1994-95
0.3E IT ORDAINED by the Randolph County Board of Commissioners that
:he Randolph County Budget Ordinance for the Fiscal Year 1994-1995,
7hich was adopted on June 27, 1994, be amended as follows:
Section 1. The following appropriations shall be made:
Randolph Arts Guild
Contingency Appropriation
Section 2
Section 3.
Increase
10,000
The following revenues shall be changed:
Increase
Decrease
10,000
Decrease
The total 1994-1995 amended budget is $ 45,185,424
Section 4. This amended ordinance shall become effective on
November 7, 1994
Upon motion of Commissioner Petty , seconded by
:ommissioner Comer the foregoing Amended Ordinance
ras passed by the following vote:
Ayes: 4 Noes: 1
I, Alice D. Dawson, Clerk to the Randolph County Board of
.ommissioners, do hereby certify that the foregoing Amended Ordinance
ras duly adopted by the governing body of Randolph County at a regular
teeting thereof, a quorum being present.
This 7th day of
November
19 94
o /.
Clerk to the Board
1'a 7
M
NATIONAL FLOOD INSURANCE O
FLOOD DAMAGE PREVENTION ORDINANCE
Regular Phase
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 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 Commis s ione <governing body) of Randolph (local unit) North Carolina (state)
does ordain as follows:
SECTION B. FINDINGS OF FACT. O
(1) The flood hazard areas of Randolph County(local unit) 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 O
velocities;
(2) require that uses vulnerable to floods, including facilities which serve such uses, be
�aq
protected against flood damage at the time of initial construction;
(f,��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;
(oto 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.
2
i. ) O
"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 O
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 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.
"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. O
"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
Al -A30, AE, A, A99, A0, AH, B, Q 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 Al -A30, AE, A, A99, AO, AH, B, Q
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
3
µN
:131
home park or subdivision for which the construction of facilities for servicing the lots on which
manufactured homes are to be affixed (including, at a minimum, the installationof utilities,
construction of streets , and either final site grading or the pouring of concrete pads) is
completed before May 4, 1987 (insert date flood damage prevention ordinance was
originally adopted.)
"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,
(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
\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 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.
"N,.ehest Adiacent Grade" means the highest natural elevation of the ground surface, prior to
(�//ruction, next to the proposed walls of the structure.
U
"Historic Structure" means any structure that is: (a) listed individually in the National Register
11
13),
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.
"Levee System" means 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" 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 borne 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.
5
133
"New manufactured home nark or subdivision" means a manufactured home park or subdivision
vhich the construction of facilities for servicing the lots ou which the manufactured homes
C_
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 May 4, ,1987.
(insert date flood damage prevention ordinance was originally adopted)
"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.
"Reference feature" is 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 highwater
line cannot be identified.
"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
�1)ante or otherwise deterring future similar violations, or reducing Federal financial exposure
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 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
('^ tructures that are principally above ground.
6
139
"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 requirement's 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.
6
135
ARTICLE 3. GENERAL PROVISIONS.
_,cTION A. LANDS TO WHICH THIS ORDINANCE APPLIES.
This ordinance shall apply to all areas of special flood hazard within the jurisdiction of
Randolph (local unit).
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD.
The areas of special flood hazard identified by the Federal Emergency Management Agency in
its Flood Insurance Study, dated ,Tule 16, 1981 , with accompanying maps and other
supporting data, and any revision thereto are adopted by reference and declared to be a part of
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.
0ION 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 another conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
SECTION F. INTERPRETATION.
In the interpretation and application of this ordinance all provisions shall be: (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 el_eddegree of flood protection required by this ordinance is considered reasonable for regulatory
1 ses and is based on scientific and engineering consideration. Larger floods can and will
c Jon rare occasions. Flood heights may be increased by man-made or natural causes: This
ordinance does not imply that land outside the areas of speci9l flood hazard or uses permitted
E
1_ 3 �
within such areas will be free from flooding or flood damages. This ordinance shall not create
liability on the part of Randolph Cty{local unit) or by any officer or employee thereof for any O
flood damages that result from reliance on this ordinance or any administrative decision lawfully
made hereunder.
SECTION H. PENALTIES FOR VIOLATION.
Violation of the provisions of this ordinance or failure to comply with any of its requirements,
including violation of conditions and safeguards established in connection with grants of variance
or special exceptions, shall constitute a misdemeanor. Any person who violates this ordinance
or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more
that $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 Randolph County
(local unit) from taking such other lawful action as is necessary to prevent or remedy any
violation.
ARTICLE 4. ADMINISTRATION.
SECTION A. DESIGNATION OF LOCAL ADMINISTRATOR.
The Planning Dir. (local administrator) is hereby appointed to administer and implement the O
provisions of this ordinance.
SECTION B. DEVELOPMENT PERMIT AND CERTIFICATION REQUIREMENTS.
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. /�
Where base flood elevation data is provided as setforth 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
Uprofessional engineer or architect that the non- residential floodproofed structure meets the
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 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 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 cause to issue a stop -work order for the
project.
10
13 7
13 S
SECTION C. DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR.
Duties of the local administrator shall include, but not be limited to: O
(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 O
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 of 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 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.
c
11
_Q 9
W-.
(1-1.) When the exact location of boundaries of the areas special flood hazards conflict with the
Ucurrent, 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.
(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.
SECTION D. ADMINISTRATIVE PROCEDURES.
(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
Oat 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 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.
(�;_,-'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
12
1kIo
of the violation. The owner or occupant shall immediately remedy each of the violations
of law in the property he owns. O
(6) Actions in Event of Failure to Take Corrective Action: If the owner of a building or
property shall fail to lake 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 O
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
misdemeanor and shall be punished in the discretion of the court.
SECTION E. VARIANCE PROCEDURES.
(1) The.Brd. of Adjustmen(appeal board) as established byBrd of Commissioners (local
unit) 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 O
decision to the Court, Os provided in Chapter 7A of the North Carolina General Statutes.
IN
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.
(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;
0(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.
0
I
1' a,
(7) Variances shall not be issued within any designated floodway if any increase in flood O
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 the reduced lowest floor O
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.
SECTION A. GENERAL STANDARDS.
In all areas of special flood hazard the following provisions are required:
(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 of substantial improvements shall be constructed by methods and
practices that minimize flood damages;
(4) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service O
facilities shall be designed and/or located so as to prevent water from entering or
accumWating within the components during conditions of flooding;
15
^a �
1y3
. (5) All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system;
01
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 locaied 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.
C).1T1ON 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 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 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.
(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 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 subsection are satisfied. Such certification shall be provided to the
Oofficial as set forth in Article 4, Section B(7).
16
i Hy
(3) Manufactured Homes. O
(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 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 two 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 O
Regulations forMobile 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.
17
?y5
(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 and
(b) be fully licensed and ready for highway use; or 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;
O(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 area 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 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:
O(i) a specified time period for which the temporary use will be permitted;
In
19
(ii) the name, address and phone number of the individual responsible for the
removal of the temporary structure; O
(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; O
(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).
(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
potential. The following provisions shall apply within such areas:
(a) No encroachments, including fill, new construction, substantial improvements and
other developments shall be permitted unless it has been demonstrated through O
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
19
shall be presented to the local administrator.
O (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.
SECTION C. STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE
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 feet each
side from top of bank, unless certification with supporting technical data by a registered
0 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 highest adjacent grade.
SECTION D. STANDARDS FOR SUBDIVISION PROPOSALS.
(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,
0Base 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.
20
Itis
SECTION E. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES).
Located within the areas of special flood hazard established in Article 3, 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.
21
�.l
ARTICLE 6. LEGAL STATUS PROVISIONS.
CCCTION A. EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING
FLOOD DAMAGE PREVENTION ORDINANCE.
This Ordinance in part comes forward by re-enactment of some of the provisions of the flood
damage prevention ordinance enacted (date) as amended, and it is not the intention
to repeal but rather to re-enact and continue to enforce without interruption of such existing
provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be
enforced. The enactment of this ordinance shall not affect any action, suit or proceeding
instituted or pending. All provisions of the flood damage prevention ordinance of
(local government) enacted on (date), as amended, which are not reenacted herin
are repealed.
SECTION B. EFFECT UPON OUTSTANDING BUILDING PERMITS.
Nothing herin 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 such outstanding permit within a
ne*iod of sixty (60) days subsequent to passage of this ordinance, construction or use shall be
\>nformity with the provisions of this ordinance.
SECTION C. EFFECTIVE DATE
This ordinance shall become effective upon adoption.
SECTION D. 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 on the day
of 199.
WITNESS my hand and the official seal of this the day
of 199.
v
22
60.3(d), 44, X, CFR
11/93
150
RANDOLPH COUNTY BOARD OF COMMISSIONERS
Randolph County Office Building ❑ 725 McDowell Road ❑ Post Office Box 4728
Asheboro, North Carolina 27204-4728 ❑ Telephone: (910) 318-6300
RESOLUTION
APPROVING DEED OF CONVEYANCE TO CITY OF ASHEBORO FOR WATER LINES,
SEWER LINES, PUMPING STATIONS, AND WATER METER VAULT
BETWEEN THE CITY AND THE N.C. ZOO
WBEREAS, pursuant to a contract entered into November 21, 1974, by
the City of Asheboro and Randolph County, Randolph County constructed
water lines, sewer lines and three sewage pumping stations for the purpose
of conveying water and sewage between the City of Asheboro and the North
Carolina State Zoo; and
WHEREAS, those facilities have been constructed and have been in
service for many years, which facilities were necessary for the
construction of the North Carolina State Zoo; and
WHEREAS, both the City of Asheboro and Randolph County have fully
complied with all of their contractual and governmental requirements for
the construction and operation of said facilities, including, but not
limited to the financing of the facilities by Randolph County; and
WHEREAS, said contract provides that upon termination of the
contract, all lines and rights-of-way will be vested in the City of
Asheboro, and said contract by its terms terminates on November 30, 1994;
and
WHEREAS, both the City of Asheboro and Randolph County deem it
appropriate for the County to execute a deed of conveyance to the City
conveying legal title to said facilities so that there will be a record of
legal title to the properties recorded in the office of the Register of
Deeds of Randolph County;
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of
Randolph County approves the execution of a deed of conveyance by Randolph
County conveying to the City of Asheboro all of Randolph County's right,
title and interest in the water lines, sewer lines, three sewage pumping
stations, and a water meter vault connecting the City of Asheboro's water
and sewer systems to the North Carolina State Zoo. The County Attorney
and the County Manager will approve the form of the deed of conveyance,
and the deed of conveyance will be signed by the Chairman of the Board of
Commissioners.
This 7th day of November, 1994.
'rman
ARanh Cou y Board of Commissioners
— TOLL FREE NUMBERS —
Greensboro Area: 218-4300 / Archdale -Trinity Area: 819-3300 / Liberty Area: 218-4300
c
Amendment # 17
AMENDMENT TO THE
RANDOLPH COUNTY BUDGET ORDINANCE
FISCAL YEAR 1994-95
BE IT ORDAINED by the Randolph County Board of Commissioners that
the Randolph County Budget Ordinance for the Fiscal Year 1994-1995,
which was adopted on June 27, 1994, be amended as follows:
Section 1. The following appropriations shall be made:
Sheriff and Jail
Increase Decrease
27,100
Section 2. The following revenues shall be changed:
Increase Decrease
O,nd Balance Appropriated 27,100
Section 3. The total 1994-1995 amended budget is $ 45,185,424
Section 4. This amended ordinance shall become effective,on
November 7, 1994
Upon motion of Commissioner Frye , seconded by
--ommissioner Petty , the foregoing Amended Ordinance
aas passed by the following vote:
Ayes: 5 Noes: 0
I, Alice D. Dawson, Clerk to the Randolph County Board of
-ommissioners, do hereby certify that the foregoing Amended Ordinance
aas duly adopted by the governing body of Randolph County at a regular
neeting thereof, a quorum being present.
This 7th day of
November
19 94
ccs / - ZJ4-1�
Clerk to the Board
151
15 �L
Amendment # 16
AMENDMENT TO THE
RANDOLPH COUNTY BUDGET ORDINANCE
FISCAL YEAR 1994-95
BE IT ORDAINED by the Randolph County Board of Commissioners that
the Randolph County Budget Ordinance for the Fiscal Year 1994-1995,
which was adopted on June 27, 1994, be amended as follows:
Section 1. The following appropriations shall be made:
Increase Decrease
Community Based Alternatives 227,181
Section 2. The following revenues shall be changed:
Increase Decrease
Restricted Intergovernmental Revenues 226,815
Miscellaneous Revenue 366
Section 3. The total 1994-1995 amended budget is $45,158,324
Section 4. This amended ordinance shall become effective on
November 7, 1994
Upon motion of Commissioner Frye , seconded by
Commissioner Langley , the foregoing Amended Ordinance
'es passed by the following vote:
Ayes: 5 Noes: 0
I, Alice D. Dawson, Clerk to the Randolph County Board of
-)mmissioners, do hereby certify that the foregoing Amended Ordinance
was duly adopted by the governing body of Randolph County at a regular
meeting thereof, a quorum being present.
This 7th day of
November
19 94
�-R-f / A.Ll�,�2 O
Clerk to the Board
Amendment # 15
AMENDMENT TO THE
RANDOLPH COUNTY BUDGET ORDINANCE
FISCAL YEAR 1994-95
OBE IT ORDAINED by the Randolph County Board of Commissioners that
the Randolph County Budget Ordinance for the Fiscal Year 1994-1995,
which was adopted on June 27, 1994, be amended as follows:
Section 1. The following appropriations shall be made:
Increase Decrease
Public Health 420
Section 2. The following revenues shall be changed:
Increase Decrease
estricted Intergovernmental Revenues 420
Section 3. The total 1994-1995 amended budget is $44,931,143
Section 4. This amended ordinance shall become effective on
November 7. 1994
Upon motion of Commissioner Frye , seconded by
Commissioner Langley the foregoing Amended Ordinance
was passed by the following vote:
Ayes: 5 Noes: 0
I, Alice D. Dawson, Clerk to the Randolph County Board of
Commissioners, do hereby certify that the foregoing Amended Ordinance
was duly adopted by the governing body of Randolph County at a regular
meeting thereof, a quorum being present.
This 7th day of
0
November 19 94
Clerk to the Board
153