NC - Vance: COUNTY BOARD OF COMMISSIONERS

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COUNTY BOARD OF COMMISSIONERS

VANCE COUNTY BOARD OF COMMISSIONERS

Invocation Pastor Ron Cava, First Baptist Church 1. Public Comments (for those registered to speak by 5:45 p.m. - each speaker is limited to five minutes)

No additional detail provided

Tagged Passions:church

2.
Appointment 6:00 p.m. Kendrick Vann, Recreation Director Recognition of Baseball and Softball Teams

No additional detail provided

Tagged Passions:recognition, appointments, and recreation

3.
Appointment 6:15 p.m. Porcha Brooks, Tax Administrator Online Business Listings

No additional detail provided

Tagged Passions:business, appointments, taxes, Taxes, and administrator

4.
Water District Board a. Staff Report b. Monthly Operations Report

5. Committee Reports and Recommendations a. Public Safety Committee

Tagged Passions:utility, Utility, public safety, and water

- Emergency Operations Plan - Fire District Redistricting

No additional detail provided

Tagged Passions:fire departments and districts and emergency

b.
Planning/Environmental Committee - Land Clearing and Inert Debris Landfill Zoning Ordinance Amendment - Flood Damage Prevention Ordinance Amendment

6. Finance Director s Report a. Surplus Property 7. County Manager s Report a. Fall Litter Sweep Proclamation b. Appointment of Finance Officer c. Fire Engine Donation d. Justice Assistance Grant e. Evans Associates Tax Audit Renewal Contract 8. County Attorney s Report a. REO Property Bid Acceptance - 340 Davis Street Parcel 0027 07015 - Gun Club Road Parcel 0407 01024B - Woodsworth Road Parcel 0303 02005

Tagged Passions:rfp, gun control, planning, RFP, grant, ordinance, recognition, finance, legal, appointments, landfill, taxes, Taxes, donation, solid waste, contract, Donation, zoning, surplus, environment, flooding, property, administrator, manager, audit, and Gun Control

b.
REO Property New Offers - 14 Colenda Lane Parcel 0325A02011 - Cedar Cove Road Parcel 0593 01031 - Wilkins Lane Parcel 0111 03023 - Lot off Wilkins Lane Parcel 0111 01018 - Walnut/Pettigrew Street Parcel 0103 06003

Agenda

Tagged Passions:streets and property

9.
Consent Agenda Items

a.
Budget Amendment b. Tax Refunds and Releases c. Monthly Reports d. Minutes

No additional detail provided

Tagged Passions:budget, taxes, and Taxes

10.
Closed Session a. Personnel Matters

AGENDA APPOINTMENT FORM September 9, 2019

Tagged Passions:appointments and personnel

Name: Kendrick Vann

Name of Organization: Henderson-Vance Recreation Department

Tagged Passions:recreation

Purpose of appearance: Recognition of Baseball and Softball Teams

AGENDA APPOINTMENT FORM September 9, 2019 Name: Porcha Brooks
Tagged Passions:recognition and appointments

Name of Organization: Tax Office

Tagged Passions:taxes and Taxes

Purpose of appearance: Online Business Listings

Tagged Passions:business

Request of Board: Approval of Resolution and Contract

Tagged Passions:contract

RESOLUTION PROVIDING FOR ELECTRONIC LISTING AND EXTENDING THE TIME FOR FILING ELECTRONIC LISTINGS OF PERSONAL PROPERTY FOR

PROPERTY TAX PURPOSES WHEREAS, North Carolina General Statute 105-310.1 authorizes Counties to permit electronic listing of personal property, and WHEREAS, North Carolina General Statute 105-307 permits the Board of County Commissioners to extend the deadline for filing electronic listings of personal property under G.S. 105-304, and WHEREAS, North Carolina General Statute105-311(b) authorizes electronic signature of personal property listings which are submitted electronically, NOW THEREFORE BE IT RESOLVED as follows: Section 1. The Vance County Board of Commissioners hereby authorizes personal property listings to be submitted and signed electronically.
Tagged Passions:taxes, Taxes, property, and property tax

Sec. 2. The following procedures will apply to electronic tax filings. Electronic listings must be submitted online. Facsimiles will not be accepted as electronic listings. In order to file electronically, the taxpayer must use an electronic listing application approved by the County. To request an extension to electronically file personal property listings after January 31, the taxpayer must file an online request for extension of time during the month of January and must provide an Account ID provided by the County and associated with the location for which the extension is requested. Once an extension of time has been granted by the assessor the electronic filing must be received by the Vance County Assessor no later than April 15 in order to avoid late list penalties.

Tagged Passions:grant, taxes, Taxes, procedure, and property

Sec. 3. This resolution shall be recorded in the minutes of the Vance County Board of Commissioners and notice of the procedure and extension of time for electronic filing of personal property listings shall be published as required by G.S. 105-296(c).

Tagged Passions:procedure and property

Sec. 4. This resolution is effective for all tax years after its adoption and at such time as the Assessor has the ability to implement a system for electronic listing.

Sec, 5. This resolution hereby delegates its authority to provide for electronic listing of personal property to the Vance County Assessor. __________________________ _____________________ Kelly H. Grissom, Clerk to the Board Archie B. Taylor Jr, Chairman SOUTHDATA AND
Tagged Passions:taxes, Taxes, and property

VANCE COUNTY, NORTH CAROLINA

AGREEMENT REGARDING ON-LINE LISTING SYSTEM FOR THE FILING OF BUSINESS PERSONAL PROPERTY TAX LISTINGS

FOR LISTING PERIOD: 2019 This contract made and entered into this _27th_ day of __August___, 2019, by and between the County of Vance County, (hereinafter COUNTY ), a political subdivision of the State of North Carolina, and SouthData, (hereinafter SouthData ) a corporation authorized to conduct business in North Carolina. WITNESSETH: WHEREAS, the County desires to obtain access to the On-Line Listing System, (hereinafter OLLS ) for the purpose of allowing County taxpayers to file Business Personal Property Tax Listings electronically.

Tagged Passions:business, taxes, Taxes, contract, subdivision, property, and property tax

WHEREAS, SouthData agrees to provide said access of the OLLS to the COUNTY pursuant to the terms and conditions of this Agreement.

NOW, THEREFORE, for and in consideration of the promises mutually herein exchanged, the parties agree as follows:

GENERAL TERMS AND CONDITIONS:

1) SERVICES

Tagged Passions:services

A.
In accordance with the charges, terms and conditions contained in this Agreement, SouthData Inc., will provide the COUNTY and the taxpayers of COUNTY access to the OLLS via a web- site interface for the purpose of taxpayers to list and file extensions on their Business Personal Property Tax Listings electronically.

B. Prior to the listing period of January 1, SouthData will work with COUNTY personnel to upload prior year data into the OLLS. C. Information submitted for listing purposes by taxpayers will be stored by SouthData, Inc. and PDF files of the completed listings will be either sent to COUNTY in an agreed to format or be available to COUNTY via an internet portal venue. 2) RESPONSIBILITY OF COUNTY

Tagged Passions:business, taxes, Taxes, personnel, property, commercial, and property tax

A.
Resolution for Electronic Listing: COUNTY will be responsible for passing a resolution to allow the electronic submission of a Business Personal Property Listing statement as provided by North Carolina General Statute 105-304 (a1).

B. Provide SouthData access to COUNTY computer database files and Information Technology staff for downloading and/or possibly uploading of files necessary for the OLLS. 3) COMPENSATION

Tagged Passions:compensation, business, Technology, technology, property, information technology, and Information Technology

A.
SouthData agrees to provide the OLLS to the county based on a fee of 1.00 per business personal property account number. The number of Business Personal Property accounts will be determined based on the computer database files provided to SOUTHDATA, INC. as referenced in Section 2) B Responsibility of County . The OLLS fee will be billed to the COUNTY on or about January 1 of each year. Payment to SouthData under this agreement will be due within thirty (30) days from the date of invoice.

4) TERM OF AGREEMENT
Tagged Passions:business and property

A.
The initial term of this agreement will become effective from the date of this agreement and will

expire on December 31, 2020. Upon expiration of the initial term and each term thereafter, this agreement will be subject to renewal on October 1st of each year, unless either party provides written notice at least ninety (90) days, before the expiration of the current period. At which time the expiration of the contract will be the year the cancelation notice is received.

B. COUNTY acknowledges and agrees that SouthData s role is a transfer of data and a service to both the COUNTY and its TAXPAYER s (hereinafter referred to as TAXPAYER). SouthData in no way provides a review of or recommendations of the content of that information. SouthData will correct any errors that are due to system flaws, bugs or other like technical difficulties which are of no fault of the COUNTY or the TAXPAYER. 5) OWNERSHIP A. All rights and title to the OLLS software, including all ownership, copyright, patent, trademark, service mark, trade secret, and other proprietary rights, belong to SOUTHDATA, INC.. SOUTHDATA, INC. Warrants that the software discussed and described herein will be available to operate via internet through a link on the COUNTY s web-site. 6) GENERAL A. This Agreement will be governed by the laws of the State of North Carolina.
Tagged Passions:contract, public safety, trade, information technology, and Information Technology

B.
This Agreement is not assignable, by either party, by operation of law or otherwise.

No additional detail provided

C.
Should any provision, portion or application thereof of this Agreement be determined by a court of competent jurisdiction to be illegal, unenforceable or in conflict with any applicable law or constitutional provision, the Parties shall negotiate an equitable adjustment in the affected provisions of this Agreement with a view toward effecting the purpose of this Agreement, and the validity and enforceability of the remaining provisions, portions or applications thereof, shall not be impaired.

No additional detail provided

Tagged Passions:legal and court

D.
The subject headings of the paragraphs are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. This Agreement shall be deemed to have been drafted by both parties, and no purposes of interpretation shall be made to the contrary.

Tagged Passions:construction

E.
This agreement including any attachments, will constitute the entire understanding between COUNTY and SouthData and will supersede all prior understandings and agreements relating to the subject matter hereof. Any modification, revision or amendment to this agreement must be in writing and executed by both parties. This Agreement may not be orally modified.

No additional detail provided

F.
COUNTY acknowledges that it has read this agreement, understands it, and agrees to be bound by its terms and conditions.

7) NOTICES Notices to be given or submitted by either party to the other, pursuant to this agreement, will be sufficiently given or made in writing and sent by certified mail, postage prepaid to: SouthData: SouthData Inc. COUNTY: Vance County 201 Technology Lane 122 Young St Mount Airy, NC 27030 Henderson, NC 27536 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement; COUNTY through ______________________, authorized to execute same by _______________________ and SouthData, Inc., signing by and through its duly authorized representative. SouthData, Inc. COUNTY OF: Vance

Tagged Passions:Technology and technology

BY: ________________________(Seal) BY: _____________________________

TITLE: __________________________ TITLE: ___________________________ ATTESTED BY: BY: TITLE: This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. ___________________________________ Katherine S. Bigelow Vance County Finance Director Water District Board Vance County Water Board Staff Report Staff Report Phase 3 Construction Update. Staff met with the project engineer, inspectors and contractor on Wednesday, September 4, 2019 for the monthly construction meeting. To date all waterline has been installed except a few tie-in areas and nearly all of the water taps have been installed (98 of the 102 installed). The contractor anticipates flushing and pressure testing will occur within the next week or two and additional cleanup and punch list items will be taken care of over the next few weeks. The projected substantial completion date is September 24, 2019. As the system becomes operational, welcome packages will be sent out to all customers to begin their connection process. We are anticipating a change order in the coming days to account for additional taps that were installed, additional stone that was necessary as well as the added cost for boring the remaining taps. Overall, the engineer is anticipating a shortfall on this project which may allow the extension of waterlines along Foster Road Extension and possibly a bore which was originally planned for where Phase 1B connects with Phase 3. For Your Information Approval of Change Order 2 if available from Engineer in time. No. Description Contract / Budget Amount Current Amount Paid to Date Remaining Balance to Date
Tagged Passions:construction, finance, streets, budget, utility, Utility, contract, and water

1
HG Reynolds Current Contract 1,165,866.30 1,035,158.64 130,708 2 Change Order 2 DRAFT 3,199.00 0 3,199.00 3 4 5 6 Total Construction Cost 1,169,065 1,035,159 133,907 7 8 Engineering 9 USDA PER / ER 10,000 10,000 0 10 Basic Engineering Services 50,000 46,675 3,325 11 Resident Inspection 105,000 92,250 12,750 12 13 Surveying / Easement Acquisition 4,500 4,500 0 14 15 Legal Services 16 Local Attorney Fee 5,000 5,000 0 17 Bond Counsel Fee 1,500 1,500 0 18 LGC Application 1,250 1,250 0 19 20 SUMMARY OF PROJECT EXPENSES 1,346,315 1,196,334 149,982 21 22 Project Funding 23 USDA Loan 212,000 212,000 0 24 USDA Grant 1,000,000 973,277 26,723 25 USDA Subsequent Grant 150,000 0 150,000 26 Owner contribution 11,057 11,057 0 27 28 SUMMARY OF PROJECT FUNDING 1,373,057 1,196,334 176,723 29 30 26,742

VANCE COUNTY WATER DISTRICT PHASE 3 CONSTRUCTION PROJECT BUDGET TRACKER UPDATED 9/9/19 Remaining Project Contingency
Tagged Passions:funding, grant, construction, legal, budget, utility, bond, Utility, contract, services, water, and easement

_____________________________ LKC Engineering, PLLC, 140 Aqua Shed Court, Aberdeen, North Carolina 28315

No additional detail provided

Tagged Passions:legal and court

PH: 910/420-1437 * FAX: 910/637-0096 * License No. P-1095

No additional detail provided

Tagged Passions:license

Mr. Jordan McMillen, County Manager Vance County Water District Vance County 122 Young Street, Suite B Henderson, NC 27536

Tagged Passions:streets, utility, Utility, water, administrator, and manager

Re: Vance County Water District, Phase 3

No additional detail provided

Tagged Passions:utility, Utility, and water

Contractor: HG Reynolds Company, Inc. Description of Change Order 2

Dear Mr. McMillen,

This letter is to provide you and the Vance County Water District Board with a description of the proposed Change Order 2 related to the Vance County Water District Phase 3 project which construction is almost complete. To date, all the water main pipe has been installed and the contractor is focusing on testing the mains, installing remaining services, final grading and cleanup and beginning on punch list items. The subject change order covers several items which related to the subject construction contract. Below is an item by item discussion on each of the items to be included in this change order:

Tagged Passions:construction, utility, Utility, contract, services, water, and grading

1.
Bid Item 56 1 Short Services: Increase contract quantity due to additional signups after the project was awarded. Including this additional amount, the project is expected to result in forty five (45) short services onto the system. The change order item results in a total increase of 2,163.00.

No additional detail provided

Tagged Passions:rfp, RFP, contract, and services

2.
Bid Item 57 1 Long Services: Increase contract quantity due to additional signups after the project was awarded. Including this additional amount, the project is expected to result in fifty seven (57) long services onto the system. The change order item results in a total increase of 6,041.00.

Page 2 of 2

Tagged Passions:rfp, RFP, contract, and services

3.
Bid Item 60 Rock Excavation and Disposal Reduction of contract quantity due to the un used quantities of rock excavation remaining on the project given the small amount of excavation that is left. This change order item does not remove all remaining contract quantities. The change order item results in a total decrease of 22,400.00.

No additional detail provided

Tagged Passions:rfp, RFP, and contract

4.
Washed stone bedding material for water main due to wet soil / inadequate in situ

bedding conditions along isolated areas discovered during construction. This change order item results in a total increase of 2,500.00. 5. Item covers the materials and installations of additional length of water service line along NC 39 Hwy due to the expanded DOT right of ways in this portion of the project. This change order item results in a total increase of 4,305.00. 6. Item covers the costs to relocate water meter setter and box to the back side of the right of way due to expanded DOT right of ways in this portion of the project and to avoid future damage to meter boxes during DOT road maintenance activities. This change order item results in a total increase of 1,050.00.

Tagged Passions:construction, streets, utility, Utility, materials, and water

7.
Additional Cost to install 1 Long Services in rock discovered in isolated areas during

construction. Long services will be installed via directional drilling method using a rock attachment in lieu of the conventional method which was unsuccessful. This change order item results in a total increase of 9,540.00.

Tagged Passions:construction and services

Our team has reviewed the above items and feel the request is acceptable and in line with contract requirements. The total change order amount is an increase of 3,199.00 which can be covered the available project contingency.

No additional detail provided

Tagged Passions:contract

If you have any questions, please do not hesitate to contact us at (910) 420 1437 or logan@lkcengineering.com

Sincerely, LKC Engineering, PLLC

Logan J. Parsons, E.I.

CHANGE ORDER NO. 2 Date of Issuance: Effective Date: Project: Owner:

Contracts: Date of Contract: 11/26/2018

Contractor: Engineer's Project No.: VaCo-15.01 Description:

Tagged Passions:contract

270 days 300 days

32
days 32 days

302 days 332 days

0
days 0 days

302 days 332 days

By: By: By: Date: Date: Date: Date:

Attachments: (List documents supporting change):

CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times:
Tagged Passions:contract

Increase from previously approved Change Orders: 1

Increase of this Change Order:

Substantial completion (days):

Substantial completion (days): Ready for final payment (days):

- 3,690.70 Ready for final payment (days):

No additional detail provided

H.G. Reynolds Company, Inc.

1,169,557.00 Contract Times prior to this Change Order:

Tagged Passions:contract

Substantial completion (days): Ready for final payment (days):

CHANGE IN CONTRACT PRICE:

No additional detail provided

Tagged Passions:contract

Increase from previously approved Change Orders: 1

The Contract Documents are modified as follows upon execution of this Change Order:
Tagged Passions:contract

This Change Order captures several miscellaneous items as detailed in the attachment.

Attached is an itemized breakdown and supporting documentation for each change order item.

No additional detail provided

Date of last signatureDate of last signature

Owner's Contract No.: Vance County Water District - Phase 3 Vance County Water District N/A
Tagged Passions:utility, Utility, contract, and water

Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature)

Contract Price prior to this Change Order: Contract Times with all approved Change Orders: 3,199.00 Contract Price incorporating this Change Order:

Tagged Passions:contract

Substantial completion (days): Ready for final payment (days): Increase of this Change Order:

N/A

Approved by Funding Agency (if applicable): Ready for final payment (days): RECOMMENDED: ACCEPTED: ACCEPTED: 1,169,065.30 Substantial completion (days): 1,165,866.30 EJCDC No. C-941 (2002 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute.
Tagged Passions:funding, construction, and contract

Item No. Item Description Unit Quantity Unit Unit Cost Extended Price

No additional detail provided

1.
Bid Item 56 - 1 Short Services: Increase contract quantity due to additional signups after the project was awarded

No additional detail provided

Tagged Passions:rfp, RFP, contract, and services

3
EA 721.00 2,163.00

2.
Bid Item 57 - 1 Long Services: Increase contract quantity due to additional signups after the project was awarded

No additional detail provided

Tagged Passions:rfp, RFP, contract, and services

7
EA 863.00 6,041.00

No additional detail provided

3.
Bid Item 60 - Rock Excavation and Disposal - Reduction of contract quantity due to the un-used quantities of rock excavation remaining on the project given the small amount of excavation that is left.

No additional detail provided

Tagged Passions:rfp, RFP, and contract

-560 CY 40.00 - 22,400.00

No additional detail provided

4.
Washed stone bedding material for water main due to wet soil / inadequate in-situ bedding conditions along isolated areas discovered during construction

50 TN 50.00 2,500.00 5. Item covers the materials and installations of additional length of water service line along NC 39 Hwy due to the expanded DOT right-of-ways 300 LF 14.35 4,305.00 6. Item covers the costs to relocate water meter setter and box to the back side of the right-of-way along NC 39 Hwy to due to the expanded DOT right-of-ways

Tagged Passions:construction, utility, Utility, materials, and water

5
EA 210.00 1,050.00

7.
Additional Cost to install 1 Long Services in rock discovered in isolated areas during construction. Long services will be installed via directional drilling method using a rock attachment in lieu of the conventional method which was unsuccessful.

No additional detail provided

Tagged Passions:construction and services

3
EA 3,180.00 9,540.00

TOTAL CHANGE ORDER AMOUNT: 3,199.00

VANCE COUNTY WATER DISTRICT - PHASE 3 CHANGE ORDER 2

No additional detail provided

Tagged Passions:utility, Utility, and water

SUMMARY OF CHANGE ORDER ITEMS

Vance County Water District Operations Report Operations Highlights: Fiscal Year-to Date July 2019 Work Order Completions: Discolored Water/ Air in lines 2 2 Set Meters 1 1 Replace Meter/ERT 39 39 Remove Meter 0 0 Locate Lines 65 65 Odor In Water / Chlorine Check 1 1 Check Usage / Leaks 27 27 Replace Meter Lid/ Box 0 0 Low pressure/ No Water 0 0 Water Main Break 0 0 Distribute Boil Water Notices 0 0 Distribute Rescind Notices 0 0 Move in / move out 35 35 Kittrell Water Tower Response 0 0 Water line repairs 1 1 Actual Shut offs 45 45 Restores 35 35 Cross Connection Checks 0 0 Intent to Serve inspections 0 0 Hydrant/Site Care/Mowing 0 0 Delivered Return Mail 0 0 Water Taps Requests 0 0 Satellite Office Activity: Information requests 2 2 Bill pays 190 190 Applications received 4 4 Billing Summaries: April Billing 04/01/2019 through 04/30/2019 1,284 active customers of which 871 were metered services Gallons billed 2,440,620 Average usage 2,802 @ .01033 = 28.94 plus 30 base = 58.94 May Billing 05/01/2019 through 05/31/2019 1,282 active customers of which 871 were metered services Gallons billed 2,455,220 Average usage 2,862 @ .01033 = 29.56 plus 30 base = 59.56 June Billing 06/01/2019 through 06/30/2019 1,282 active customers of which 875 were metered services Gallons billed 2,661,710 Average usage 3,042 @ .01033 = 31.42 plus 30 Base = 61.42 July Billing 06/30/2019 through 07/31/2019 1,296 active customers of which 885 were metered services Gallons billed 2,896,818 Average usage 3,273 @ .01033 = 33.81 plus 30 Base = 63.81 Water System Overview: The current customer count is as follows: * Phase 1 684 total customers, 207 availability accounts and 477 metered accounts * Phase 2 612 total customers, 204 availability accounts and 408 metered accounts * Kittrell - 351 total Customers, 0 availability accounts and 351 metered accounts There is a total of 1,647 VCWD customers committed to the system with 1,236 metered customers. Vance County Water District Operations Report
Tagged Passions:sewer, utility, Utility, cell tower, Cell tower, services, and water

*Graph information as of July 31, 2019

Availability Accounts AR*

Age Current Month 0 5,413.82 1-30 4,651.48 31-60 4,416.00 61-90 4,317.50 >90 135,661.65 Total Availability AR to date: 154,460.45

Customer numbers: 9 4 1 144 Customer Numbers: 78 19 9 188 Metered Accounts AR*

Age Current Month 0 19,065.41 1-30 6,884.63 31-60 2,152.88 61-90 1,747.87 >90 57,487.40

Totaled Metered to date: 87,338.19 Total AR to date* 241,798.64 Vance County Water District Operations Report
Tagged Passions:utility, Utility, and water

Kittrell Area Customer Usage:

April Billing 04/01/2019 through 04/30/2019 339 active customers of which 339 were metered services Gallons billed 1,432,899 Average usage 4,226 @ .01033 = 43.65 plus 30 Base = 73.65 May Billing 05/01/2019 through 05/31/2019 353 active customers of which 353 were metered services Gallons billed 1,613,573 Average usage 4,845 @ .01033 = 50.05 plus 30 Base = 80.05 June Billing 06/01/2019 through 06/30/2019 353 active customers of which 353 were metered services Gallons billed 1,776,282 Average usage 5,031 @ .01033 = 51.97 plus 30 Base = 81.97 July Billing 06/30/2019 through 07/31/2019 351 active customers of which 351 were metered services Gallons billed 1,229,212 Average usage 2,841 @ .01033 = 29.34 plus 30 Base = 59.34
Tagged Passions:services

*Graph information as of July 31, 2019

Kittrell Metered Accounts AR*

Age Current Month 0 12,497.26 1-30 5,301.29 31-60 2,716.53 61-90 2,077.61 >90 15,473.74 Total Kittrell Metered AR to date: 38,066.43

Customer Numbers: 37 10 7 43

Committee Reports and Recommendations

Vance County Committee Reports and Recommendations Public Safety Committee Emergency Operations Plan Update. The committee (Wilder [C], Brummitt, Faines) met with Emergency Operations staff, Brian Short and Jason Reavis, on Tuesday, August 27, 2019 to review the county s updated Emergency Operations Plan. The plan dates to 1976 and has been revised several times over the years with the vast majority of methodology remaining the same. The plan outlines roles and responsibilities for each agency/position in the event of a proclaimed State of Emergency and having a plan is a requirement for the county to receive Federal Emergency Management grants. The committee was presented with the complete plan update at a previous meeting and provided comments for a few spelling/typographical changes. The committee was in favor of moving forward with the Emergency Operations Plan after corrections are made and recommended its approval. Recommendation: Approve Emergency Operations Plan Update. Fire Response District Changes. The committee met and began reviewing maps to determine potential areas for changing fire response districts. The committee reviewed a map showing overlaps in areas which are five miles from each station in the county (county and volunteer stations) as potential areas for moving boundary lines. The manager recommended looking at one area south of the City limits for expanding the Bearpond district and recommended expanding the Goldenbelt district in Flemingtown/Jacksontown Road area. The committee requested additional maps showing call locations and fire hydrant locations and recommended meeting with the fire association at its next meeting to seek input from the volunteer departments. The committee meeting with the fire association is tentatively scheduled for Monday, September 16th at 7PM at the Epsom Volunteer Fire Department and public notice will be provided once finalized. For your information.

Tagged Passions:grant, streets, public safety, fire departments and districts, events, emergency, manager, volunteer, and jail

Planning/Environmental Committee Land Clearing and Inert Debris Landfill Zoning Ordinance Amendment. The committee (Faines[C], Kelly, Wilder) met on Thursday, September 5, 2019 to discuss a zoning ordinance amendment to add regulations for Land Clearing and Inert Debris Landfills (LCIDs). The amendment was requested by K K Organics and has already undergone a full review by the planning staff, county attorney, and planning board. The planning board recommended language to be added to the zoning ordinance s current landfill regulations that would allow LCIDs. LCIDs are stump dumps or facilities that allow disposal of land clearing waste, concrete, brick, concrete block, uncontaminated soil, gravel and rock, yard waste and other debris as defined by state law. The committee recommended two changes to the proposed regulations as follows: 1) To allow LCIDs within the watershed area as a conditional use as these facilities may help with erosion 2) To clarify that existing separation requirements in the zoning ordinance of 1,000 from any structures would not apply to LCIDs as it does to traditional landfill types. The committee was agreeable to the ordinance amendment with these changes. Recommendation: Set a public hearing for the October 7, 2019 commissioners meeting as required prior to considering approval of ordinance amendments.

No additional detail provided

Tagged Passions:planning, regulation, ordinance, legal, landfill, solid waste, zoning, environment, watershed, and hearing

Flood Damage Prevention Ordinance Amendment. The committee reviewed proposed ordinance amendments to the flood damage prevention ordinance as required by FEMA. The amendments are a result of updated flood maps which have already been approved at the state level. Having an updated ordinance ensures citizens continue to have access to flood insurance in our community. The committee was agreeable to the ordinance amendments. Recommendation: Set a public hearing for the October 7, 2019 commissioners meeting as required prior to considering approval of ordinance amendments.

GOLDENBELT DISTRICT HICKSBORO DISTRICT KITTRELL DISTRICT TOWNSVILLE DISTRICT WATKINS DISTRICT BEARPOND DISTRICT DREWRY DISTRICT COKESBURY DISTRICT EPSOM DISTRICT

Tagged Passions:ordinance, insurance, flooding, hearing, and FEMA

Legend Fire Stations Henderson City Limits Fire Response Districts

5MileOverlaps2019 Overlap

Tagged Passions:fire departments and districts

Drewry VCFD Overlap Epsom Bearpond Overlap Epsom Cokesbury Overlap Kittrell Bearpond Overlap Townsville Hicksboro Overlap VCFD Bearpond Overlap VCFD Cokesbury Bearpond Overlap VCFD Cokesbury Overlap VCFD Epsom Bearpond Overlap Watkins Bearpond Overlap Watkins Kittrell Bearpond Overlap Watkins VCFD Bearpond Overlap Watkins VCFD Overlap

Overlaps in 5 Mile Fire Districts GOLDENBELT DISTRICT BEARPOND DISTRICT COKESBURY DISTRICT EPSOM DISTRICT HICKSBORO DISTRICT WATKINS DISTRICT DREWRY DISTRICT KITTRELL DISTRICT Vance County Overlapping 5 Mile Fire District Areas
Tagged Passions:fire departments and districts

Vance County Fire Districts - Road Miles, Population, and Property Values

No additional detail provided

Tagged Passions:streets, fire departments and districts, and property

10
10

2
GOLDENBELT DISTRICT

HICKSBORO DISTRICT KITTRELL DISTRICT TOWNSVILLE DISTRICT WATKINS DISTRICT DREWRY DISTRICT BEARPOND DISTRICT EPSOM DISTRICT COKESBURY DISTRICT

6/9E

9S

9S/9E

9S/9E

9S/9E

5/9S

7/9E

9S/9E 5/9S

Legend Henderson City Limits

ISO_Rating 5/9S 6/9E 7/9E 9S 9S/9E

Vance County ISO Ratings

DEPARTMENT OF PLANNING DEVELOPMENT Planning Board Staff Report

No additional detail provided

Tagged Passions:planning, development, and Development

PLANNING STAFF REPORT Text Amendment Case TA20190613 - 1 STAFF PROJECT CONTACT: Angie Blount August 8, 2019

This is a request to amend the text in the Vance County Zoning Ordinance to include Land Clearing Inert Debris (LCID) (Minor, Less and two acres and Major, greater than two acres) to the Permitted Use Table, Section 3, 3.2.14, to add to Section 12, the definition for Land Clearing Inert Debris, Major, greater than two acres, and Land Clearing Inert Debris, Minor, less than two acres, to amend Section 6.10, (G)., Changing to Landfill (demolition, sanitary or LCID), adding Section 3. Licensing Requirements (a) and (b). The Planning Board at the July 11, 2019 meeting, requested that LCID Landfills be allowed within the Agricultural Residential, Light Industrial and Industrial Mining zoning districts with a Conditional Use Permit and that they be prohibited within the Watershed Overlay District.

Tagged Passions:planning, ordinance, agriculture, landfill, industrial, solid waste, zoning, watershed, and demolition

Applicant: K K Organics LLC 1028 Old Keith Rd Wake Forest, NC 27587

Adding Land Clearing Inert Debris Landfills (LCID) to the Table of Permitted Uses for Vance County would allow a LCID, under 2 acres or greater than 2 acres to be operated within the AR, LI and IM zoning districts after obtaining a Conditional Use Permit from the Board of Adjustment. The impact to the surrounding area would depend on how large the tract of land is and where on the land the landfill would be located. Screening and setback requirements for this use would apply. Vance County does not have an ordinance which addresses Land Clearing Inert Debris Landfills. Most of the regulation for these is issued by the state. Within Vance County they would be allowed in designated zoning districts, and would be identified in two categories, less than 2 acres which the Planning Board has requested be allowed in the AR, LI and IM districts with a Conditional Use Permit, and greater than 2 acres, also requiring a Conditional Use Permit in AR, LI and IM districts, requiring licensing by the North Carolina Division of Waste Management and approval from NC DEQ. The Planning Board has requested at the July 11, 2019 meeting that they not be allowed within the Water Supply Watersheds. The planning board should consider the following factors in deciding this case:
Tagged Passions:planning, regulation, ordinance, landfill, utility, solid waste, Utility, zoning, water, and watershed

A.
The proposal will place all property similarly situated in the area in the same category, or in

Tagged Passions:property

appropriate complementary categories. B. There is convincing demonstration that all uses permitted under the proposed zone classification

would be in the general public interest and not merely in the interest of an individual or small group.

C.
There is convincing demonstration that all uses permitted under the proposed zone classification would be appropriate in the area included in the proposed change. (When a new zone designation is assigned, any use permitted in the zone is allowable, so long as it meets zone requirements, and not merely uses which applicants state that they intend to make of the property involved.)

No additional detail provided

Tagged Passions:property

EXPLANATION OF THE REQUEST

IMPACTS STAFF COMMENTS

OWNER/APPLICANT

D.
There is convincing demonstration that the character of the neighborhood will not be materially or adversely affected by any use permitted in the proposed change.

No additional detail provided

Tagged Passions:neighborhood

E.
The proposed change is in accord with the County Land Use Plan and sound planning principles.

Attachments: Zoning Text Amendment Petition, Exhibit A, justification of request PLANNING BOARD RECOMMENDATION: Recommended Amendments (in red): AR R30 R20 R10 RMHC HC GC LI IM EIA OI OS WOZ INDUSTRIAL USES Land Clearing Inert Debris Landfill, Minor (less than 2 acres) CU X X X X X X CU CU X X X X Land Clearing Inert Debris Landfill, Major (greater than 2 acres) CU X X X X X X CU CU X X X X Change Section 6.10 (G) Landfill (demolition or sanitary) Landfill (demolition, sanitary, Land Clearing Inert Debris) Added to Section 6.10 (G) 3. a. and b. as stated below:
Tagged Passions:planning, landfill, industrial, solid waste, zoning, and demolition

3.
Licensing Requirements

No additional detail provided

a.
LCID (Land Clearing Inert Debris) Landfills minor, under two acres, require a copy of the Facility

Plan approved by NCDEQ to be filed with the county planning department. Landfills major, greater than two acres, require a copy of the licensing issued by the North Carolina Division of Waste Management to be filed with the county planning department.

Tagged Passions:planning, facility, landfill, and solid waste

b.
LCID (Land Clearing Inert Debris) landfill facilities may not operate prior to 7:00 a.m. or after 7:00 p.m. unless allowed by the county manager in responding to excess debris resulting from a natural disaster.

No additional detail provided

Tagged Passions:landfill, solid waste, administrator, and manager

Added to Section 12, the following definition: Landfill, Land Clearing Inert Debris, (LCID) minor , A landfill facility, less than two acres, for the land disposal of land clearing waste, concrete, brick, concrete block, uncontaminated soil, gravel and rock, untreated and unpainted wood, and yard trash as defined in 15A NCAC 13B.0101.

No additional detail provided

Tagged Passions:facility, landfill, and solid waste

Added to Section 12, the following definition: Landfill, Land Clearing Inert Debris, (LCID) major ,a landfill facility, greater than two acres, for the land disposal of land clearing waste, concrete, brick, concrete block, uncontaminated soil, gravel and rock, untreated and unpainted wood, and yard trash., as defined in 15A NCAC 13B.0101

ORDINANCE AMENDING THE VANCE COUNTY ZONING

Tagged Passions:ordinance, facility, landfill, solid waste, and zoning

ORDINANCE TO ADD LAND CLEARING INERT DEBRIS LANDFILL,

MINOR AND MAJOR, TO SECTION 12 OF THE ZONING ORDINANCE
Tagged Passions:ordinance, landfill, solid waste, and zoning

DEFINITIONS, TO SECTION 3, PERMITTED USE TABLE, AND TO

SECTION 6.10 (G) CONDITIONAL USE MINIMUM DEVELOPMENT REQUIREMENTS WHEREAS, the Vance County Planning Board has reviewed the proposed amendments to the Vance County Zoning Ordinance, has determined them to be consistent with the land use plan, and has provided a recommendation for their approval. WHEREAS, the proposed amendments provide additional protections for property owners and citizens of the county while maintaining an environment conductive to economic development; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, that:
Tagged Passions:planning, ordinance, development, zoning, Conservation, environment, Development, and property

A.
The amendments presented are consistent with the county land use plan by conserving, protecting and encouraging the wise and prudent use of Vance County s natural and cultural resources.

B.
The Vance County Zoning Ordinance be amended as follows (deletions as strikethroughs, additions shown as red underlined text):

Add to Section 3, Permitted Use Table, under INDUSTRIAL USES: AR R30 R20 R10 RMHC HC GC LI IM EIA OI OS WOZ INDUSTRIAL USES Land Clearing Inert Debris Landfill, Minor (less than 2 acres) CU X X X X X X CU CU X X X CU Land Clearing Inert Debris Landfill, Major (greater than 2 acres) CU X X X X X X CU CU X X X CU Change Section 6.10 (G) Landfill (Demolition or Sanitary) Landfill (Demolition, Sanitary, Land Clearing Inert Debris) Added to Section 6.10 (G) 3. a. and b. as stated below:
Tagged Passions:ordinance, landfill, industrial, solid waste, zoning, and demolition

2.
Distance Requirements (Only applies to Demolition or Sanitary Landfills): The landfill or any

structure must be a minimum of one thousand (1,000) feet from any residential structure on

Tagged Passions:landfill, solid waste, and demolition

surrounding properties. An owner occupied residence on the property of the tract is allowed.

All buildings, including accessory garages or storage buildings, shall be set back a minimum

Tagged Passions:property

of one hundred (100) feet from all property lines and street rights-of-way.

No additional detail provided

Tagged Passions:streets and property

3.
Licensing Requirements

No additional detail provided

a.
LCID (Land Clearing Inert Debris) Landfills minor, under two acres, require a copy of the Facility Plan approved by NCDEQ to be filed with the county planning department.

Landfills major, greater than two acres, require a copy of the licensing issued by the North Carolina Division of Waste Management to be filed with the county planning department.

Tagged Passions:planning, facility, landfill, and solid waste

b.
LCID (Land Clearing Inert Debris) landfill facilities may not operate prior to 7:00 a.m. or after 7:00 p.m. unless allowed by the county manager in responding to excess debris

resulting from a natural disaster.

Tagged Passions:landfill, solid waste, administrator, and manager

Added to Section 12, the following definition: Landfill, Land Clearing Inert Debris, (LCID) minor , A landfill facility, less than two acres, for the land disposal of land clearing waste, concrete, brick, concrete block, uncontaminated soil, gravel and rock, untreated and unpainted

wood, and yard trash as defined in 15A NCAC 13B.0101.

Tagged Passions:facility, landfill, and solid waste

Added to Section 12, the following definition: Landfill, Land Clearing Inert Debris, (LCID) major , A landfill facility, greater than two acres, for the land disposal of land clearing waste, concrete, brick, concrete block, uncontaminated soil, gravel and rock, untreated and unpainted

wood, and yard trash., as defined in 15A NCAC 13B.0101

Tagged Passions:facility, landfill, and solid waste

Adopted this the ____ day of _______ 2019.

ATTEST: ______________________________ ______________________________

Archie B. Taylor, Jr. Chairman Kelly H. Grissom

Vance County Board of Commissioners Clerk to the Board

1
ORDINANCE AMENDING THE VANCE COUNTY FLOOD DAMAGE

PREVENTION ORDINANCE
Tagged Passions:ordinance and flooding

WHEREAS, Vance County joined the National Flood Insurance Program and began

enforcing a Flood Damage Prevention Ordinance on September 2, 1997; and WHEREAS, the State of North Carolina Division of Emergency Management, Floodplain Management Branch, in cooperation with the Federal Emergency management Agency (FEMA), has updated portions of the Vance County Flood Insurance Rate Maps and

Tagged Passions:ordinance, program, emergency, insurance, flooding, and FEMA

Flood Insurance Study; and

WHEREAS, pursuant to the NFIP regulations, an appeal and protest period was provided and has elapsed; and WHEREAS, Vance County, as a condition of eligibility in the NFIP, must adopt the revised maps, study, and ordinance by December 6, 2019; and
Tagged Passions:regulation, ordinance, insurance, and flooding

WHEREAS, The Board feels that the proposed amendment is necessary in order to

provide protection to property owners and businesses from the dangers of flooding. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, that:
Tagged Passions:business, flooding, and property

A.
The Vance County Flood Damage Prevention Ordinance be amended as follows (additions shown in underlined print, deletions shown with strike through):

No additional detail provided

Tagged Passions:ordinance and flooding

1.
AMEND Article 1, Section D adding the following: (8) To minimize damage to private and public property due to flooding;

(9) To make flood insurance available to the community through the National Flood Insurance Program; (10) To maintain the natural and beneficial functions of floodplains;

Tagged Passions:program, insurance, flooding, and property

2.
AMEND Article 2. DEFINITIONS as follows: Alteration of a watercourse means a dam, impoundment, channel relocation, change in channel

alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

Tagged Passions:utility, Utility, water, and flooding

Area of Shallow Flooding: means a designated Zone AO or AH on a community's Flood

Tagged Passions:flooding

Insurance Rate Map (FIRM) with base flood depths determined to be from one (1) to three (3)

feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. 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

Tagged Passions:construction, insurance, and flooding

2
system.

Design Flood: See Regulatory Flood Protection Elevation.

Development Activity means any activity defined as Development which will necessitate a Floodplain Development Permit, This includes buildings, structures, and non-structural items, including (but not limited to) fill, bulkheads, piers, pools, docks, landings, ramps, and erosion control/stabilization measures. Digital Flood Insurance Rate Map (DFIRM) means the digital official map of a community, issued by the Federal Emergency management Agency (FEMA), on which both the Special

Tagged Passions:regulation, development, beach, emergency, insurance, flooding, ports, boating, Development, and FEMA

Flood Hazard Areas and the risk premium zones applicable to the community are delineated.

No additional detail provided

Tagged Passions:risk and flooding

Existing building and existing structure means any building and/or structure for which the

No additional detail provided

start of construction commenced before date the community s entered into the National Floodplain Insurance Program.

Flood-resistant material means any building product (material, component or system) capable of withstanding direct and prolonged contact (minimum 72 hours) with floodwaters without
Tagged Passions:construction, program, insurance, and flooding

sustaining damage that requires more than lo-cost cosmetic repair. Any material that is water-

Tagged Passions:utility, Utility, and water

soluble or is not resistant to alkali or acid in water, including normal adhesives for above grade

use, is not flood-resistant. Pressure-treated lumber or naturally decay-resistant lumbers are acceptable flooring materials. Sheet-type flooring coverings that restrict evaporation from below and materials that are impervious, but dimensionally unstable are not acceptable. Materials that absorb or retain water excessively after submergence are not flood-resistant. Please refer to Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, and available from the FEMA. Class 4 and 5 materials, referenced therein, are acceptable flood-resistant materials.
Tagged Passions:utility, Utility, materials, water, flooding, and FEMA

Floodway: means the channel of a river or other watercourse, including the area above a bridge

or culvert when applicable, and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. Floodway Encroachment analysis means an engineering analysis of the impact that a proposed encroachment into a floodway or non-encroachment area is expected to have on the floodway boundaries and flood levels during the occurrence of the base flood discharge. The evaluation shall be prepared by a qualified North Carolina licensed engineer using standard engineering methods and models.
Tagged Passions:utility, Utility, water, watershed, flooding, license, encroachment, and stormwater

Letter of Map Change (LOMC) means an official determination issued by FEMA that amends

Tagged Passions:FEMA

or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map

Change include: (a) Letter of Map Amendment (LOMA): An official amendment, by letter, to an effective National Flood Insurance Program Map. A LOMA is based on technical

Tagged Passions:program, insurance, and flooding

data showing that a property had been inadvertently mapped as being in the

floodplain, but is actually on natural high ground above the base flood elevation. A
Tagged Passions:flooding and property

3
LOMA amends the current effective Flood Insurance Rate Map and establishes that

Tagged Passions:insurance and flooding

a
specific property, portion of a property or structure is not located in a special

flood hazard area. (b) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. (c) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the BFE and is, therefore,
Tagged Passions:flooding and property

no longer located within the special flood hazard area. In order to qualify for this

determination, the fill must have been permitted and placed in accordance with the community s floodplain management regulations. (d) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A

Tagged Passions:regulation and flooding

DLOMR does not revise the effective Flood Insurance Rate Map or Flood

Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Light Duty Truck means any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less as defined in 40 CFR 86..082-2 and is: (a) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or (b) Designed primarily for transportation of persons and has a capacity of more than 12 persons; or (c) Available with special features enabling off-street or off-highway operation and use.

Tagged Passions:streets, transportation, insurance, flooding, property, and FEMA

Lowest Adjacent Grade (LAG) means the lowest elevation of the ground, sidewalk or patio

slab immediately next to the building, or deck support, after completion of the building. Map Repository: means the location of the official flood hazard data to be applied for floodplain management. It is a central location in which flood data is stored and managed; in North Carolina, FEMA has recognized that the application of digital flood hazard data products carry the same authority as hard copy products. Therefore, the NCEM s Floodplain Mapping Program websites house current and historical flood hazard data. For effective flood hazard data the NC FRIS website (http://Fris.NC.GOV/FRIS) is the map repository, and for historical flood

Tagged Passions:recognition, streets, historical, program, flooding, commercial, FEMA, and Pedestrian

hazard data the FloodNC website (http://FLOOD.NC.GOV/NCFLOOD) is the map repository.

Tagged Passions:flooding

Mean Sea Level: means, for purposes of this ordinance, the National Geodetic Vertical Datum

(NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which Base Flood Elevations (BFEs) shown on a FIRM are referenced.
Tagged Passions:ordinance and flooding

4
Refer to each FIRM panel to determine datum used.

No additional detail provided

Post-FIRM: means construction or other development for which the start of construction occurred on or after the effective date of the initial Flood Insurance Rate Map for the site (initial

Tagged Passions:construction, development, insurance, flooding, and Development

FIRM for Vance County - Unincorporated Area is July 16, 1991, revised/updated FIRM April

No additional detail provided

16, 2013).

Pre-FIRM: means construction or other development for which the start of construction occurred before the effective date of the initial Flood Insurance Rate Map for the site (initial

Tagged Passions:construction, development, insurance, flooding, and Development

FIRM for Vance County - Unincorporated Area is July 16, 1991, revised/updated FIRM April

No additional detail provided

16, 2013).

Recreational Vehicle (RV): means a vehicle, which is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use. (e) Is fully licensed and ready for highway use.
Tagged Passions:travel, transportation, license, and recreation

Temperature Controlled: means having the temperature regulated by a heating and/or cooling

system, built-in or appliance.

Water Surface Elevation (WSE): means the height, in relation to NAVD of floods of various

magnitudes and frequencies in the floodplains of coastal or riverine areas. 3. AMEND Article 3 as follows: SECTION B. BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS. The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its Flood Insurance Study (FIS) and its accompanying Flood Insurance Rate Maps (FIRM), for Vance County dated April

Tagged Passions:utility, Utility, water, insurance, flooding, and FEMA

16, 2013, which are adopted by reference and declared to be a part of this ordinance.

No additional detail provided

Tagged Passions:ordinance

Special Flood Hazard Areas also include those identified by Vance County in its FIRMS, dated

Tagged Passions:flooding

of this ordinance. Within the identified Special Flood Hazard Areas the provision of this

ordinance applies to new construction, as defined in this document. dated December 6, 2019 for

Tagged Passions:ordinance, construction, and flooding

Vance County and associated DFIRM panels, including any digital data developed as part of the

FIS, which are adopted by reference and declared a part of this ordinance. Future revisions to the FIS and DFIRM panels that do not change flood hazard data within the jurisdictional authority of Vance County are also adopted by reference and declared a part of this ordinance. Subsequent

Tagged Passions:ordinance and flooding

Letter of Map Revisions (LOMRs) and/or Physical Map Revisions (PMRs) shall be adopted

within 3 months.

SECTION H. PENALTIES FOR VIOLATION

No additional detail provided

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
Tagged Passions:grant and ordinance

5
variance or special exceptions, shall constitute a Class 1 misdemeanor pursuant to NC G.S.

143-215.58. Any person who violates this ordinance or fails to comply with any of its

Tagged Passions:ordinance

requirements shall, upon conviction thereof, be fined not more than 100.00 50.00 or

imprisoned for not more than thirty (30) days, or both. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent Vance County from

taking such other lawful action as is necessary to prevent or remedy any violation.

4. AMEND Article 4 as follows: SECTION A. DESIGNATION OF FLOODPLAIN ADMINISTRATOR The Director of the Planning and Development Department or his/her designee, hereinafter referred to as the Floodplain Administrator is hereby appointed to administer and implement the provisions of this ordinance. In instances where the Floodplain Administrator receives
Tagged Passions:planning, ordinance, appointments, development, Development, and administrator

assistance from others to complete tasks to administer and implement this ordinance, the

Floodplain Administrator shall be responsible for the coordination and community s overall compliance with the National Flood Insurance Program and the provisions of this ordinance.

Tagged Passions:ordinance, program, insurance, flooding, administrator, and compliance

5.
AMEND Article 4, Section B (1) (b) as follows: i) Elevation in relation to mean seal level NAVD 1988 of the proposed reference level

(including basement) of all structures; ii) Elevation in relation to mean sea level NAVD 1988 to which any non-residential structure in Zone AE, A or AO will be flood-proofed; and iii) Elevation in relation to mean sea level NAVD 1988 to which any proposed utility systems will be elevated or flood proofed;

Tagged Passions:utility, Utility, and flooding

6.
AMEND Article 4, Section B (2) as follows: (a) A complete description of all the development to be permitted under the floodplain

No additional detail provided

Tagged Passions:development and Development

development permit. (e.g. house, garage, pool, septic, bulkhead, cabana, pier, bridge, mining,

dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials, etc.).

Tagged Passions:equipment, development, beach, materials, ports, Development, and grading

(f) A statement that no fill material or other development shall encroach into the floodway or non-encroachment area of any watercourse, as applicable unless the requirements of Article

5, Section F have been met.

Tagged Passions:development, Development, and encroachment

7.
AMEND Article 4, Section B (3) (a) as follows:

No additional detail provided

i) An Elevation Certificate (FEMA Form 81-31 086-0-33) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain

Administrator a certification of the elevation of the reference level, in relation to mean seal level NAVD 1988. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the

Tagged Passions:construction, administrator, and FEMA

beginning of construction. Failure to submit the certification or failure to make required

corrections shall be cause to deny a floodplain development permit.
Tagged Passions:construction, development, Development, and jail

8.
AMEND Article 4, Section B (3) (b) as follows: If non-residential floodproofing is used to meet the regulatory flood protection elevation

requirements, a Floodproofing Certificate (FEMA Form 81-65), with supporting data and an operational plan, is required prior to the actual start of any new construction. It shall be the duty

Tagged Passions:regulation, construction, flooding, and FEMA

6
of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed

design elevation of the reference level and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The Floodplain Administrator shall review the certificate data and the operational plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a Certificate of
Tagged Passions:utility, development, Utility, Development, administrator, and jail

Compliance/Occupancy.

A final Finished Construction Floodproofing Certificate (FEMA Form 81-65), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the
Tagged Passions:construction, compliance, and FEMA

issuance of a Certificate of Compliance/Occupancy. It shall be the duty of the permit holder to

Tagged Passions:compliance

submit to the Floodplain Administrator a certification of the floodproofed design elevation of the

Tagged Passions:administrator

reference level and all attendant utilities, in relation to NAVD 1988. Floodproofing certificate

shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The Floodplain Administrator shall review the certificate data, the operational

Tagged Passions:utility, Utility, and administrator

plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be

corrected by the applicant prior to Certificate of Occupancy. Failure to submit the certification or failure to make required corrections shall be cause to deny a Floodplain Development Permit. Failure to construct in accordance with the certified design shall be cause to deny a Certificate of

Tagged Passions:development, Development, and jail

Compliance/Occupancy.

Tagged Passions:compliance

9.
ADD the following as Article 4, Section B (4): (4) Determinations for existing buildings and structures.

For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and other improvement of or work on such buildings and structure, the Floodplain Administrator, in coordination with the Building Official, shall:
Tagged Passions:administrator

(a) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or

Tagged Passions:market

structure before the start of construction of the proposed work; in the case of repair,

the market value of the building or structure shall be the market value before the
Tagged Passions:construction and market

damage occurred and before any repairs are made;

No additional detail provided

(b) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if

applicable, to the market value of the building or structure;

(c) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and
Tagged Passions:market

(d) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood

resistant construction requirements of the NC Building Code and this ordinance is
Tagged Passions:ordinance, construction, flooding, compliance, and building codes

7
required.

No additional detail provided

10.
AMEND Article 4, Section D (5) as follows: Failure to Comply with Order: If the owner of a building or property fails to comply with an

order to take corrective action for which no appeal has been made or fails to comply with an

Tagged Passions:property

order of the governing body following an appeal, the owner shall be guilty of a Class 1

misdemeanor pursuant to NC G.S. 143-215.58 and shall be punished at the discretion of the

court.

Tagged Passions:legal and court

11.
AMEND Article 5, Section A as follows: (2) All new construction and substantial improvements shall be constructed with materials and

No additional detail provided

Tagged Passions:construction and materials

utility equipment resistant to flood damage in accordance with the FEMA Technical Bulletin

No additional detail provided

Tagged Passions:equipment, utility, Utility, flooding, and FEMA

2, Flood Damage-Resistant Materials Requirements.

No additional detail provided

Tagged Passions:materials and flooding

(4) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located at or above the Regulatory Flood Protection Elevation or designed

and installed so as to prevent water from entering or accumulating within the components

Tagged Passions:regulation, equipment, utility, Utility, water, and flooding

during conditions of flooding to the Regulatory Flood Protection Elevation during the occurrence

of the base flood. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixture, ductwork, electric/gas meter panels/boxes, utility/cable boxes, hot

Tagged Passions:regulation, equipment, utility, Utility, water, electric, and flooding

water heaters, and electric outlets/switches.

(a) Replacements part of a substantial improvement, electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment shall also meet the above provisions.

Tagged Passions:equipment, utility, Utility, water, and electric

(b) Replacements that are for maintenance and not part of a substantial improvement, may be installed at the original location provided the addition and/or

improvements only comply with the standards for new construction consistent with the code and requirements for the original structure. (8) Any alteration, repair, reconstruction, or improvements to a structure, which is in
Tagged Passions:construction

compliance with the provisions of this ordinance, shall meet the requirements of new construction as contained in this ordinance.

Tagged Passions:ordinance, construction, and compliance

12.
AMEND Article 5, Section B as follows: (2) Non-Residential Construction. New construction and substantial improvement of any

commercial, industrial, or other non-residential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as

Tagged Passions:regulation, construction, industrial, flooding, and commercial

defined in Article 2 of this ordinance. Structures located in A, AE, AH, AO, and A99 A1-30

Zones may be floodproofed to the regulatory flood protection elevation in lieu of elevation
Tagged Passions:regulation, ordinance, and flooding

provided that all areas of the structure, together with attendant utility and sanitary facilities,

below the regulatory flood protection elevation are watertight with walls substantially
Tagged Passions:regulation, utility, Utility, and flooding

impermeable to the passage of water, using structural components having the capability of

Tagged Passions:utility, Utility, and water

resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. For AO Zones, the

floodproofing elevation shall be in accordance with Article 5, Section H(3) G(2). A registered professional engineer or architect shall certify that the floodproofing standards of

8
this subsection are satisfied. Such certification shall be provided to the Floodplain

Administrator as set forth in Article 4, Section B(3), along with the operational plan and the inspection and maintenance plans.
Tagged Passions:administrator

(5) (d) Any combination of repair, reconstruction, rehabilitation, addition or improvement of a building or structure taking place during one (1) year period, the cumulative cost of which

equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started must comply with the standards for new construction. For each building or structure, the one year period begins on the permit issuance date for the improvement or
Tagged Passions:construction and market

repair of the building or structure subsequent to the effective date of this ordinance.

Substantial damage also means flood related damage sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood
Tagged Passions:ordinance and flooding

event, on the average equals or exceeds 25 percent of the market value of the structure before

the damage occurred. If the structure has sustained substantial damage, any repairs are
Tagged Passions:market and events

considered substantial improvement regardless of the actual repair work performed. The

requirement does not, however, include either: (i) Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the
Tagged Passions:health

minimum necessary to assume safe living conditions.

(ii) Any alteration of a historic structure provided that the alteration will not preclude the structures continued designation as a historic structure. (6) Recreational Vehicles. Recreational vehicles shall either: a. be on site for fewer than 180 consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions); or

Tagged Passions:utility, historic, Utility, license, and recreation

b.
meet all the requirements for new construction.

No additional detail provided

Tagged Passions:construction

a.
Temporary Placement

No additional detail provided

(i) Be on site for fewer than 180 consecutive days; or (ii) Be fully licensed and ready for highway use. (Recreational vehicle is ready for

highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions.)
Tagged Passions:utility, Utility, license, and recreation

b.
Permanent Placement. Recreational vehicles that do not meet the limitations of Temporary Placement shall meet all the requirements for new construction.

No additional detail provided

Tagged Passions:construction and recreation

(9) Tanks. When gas and liquid storage tanks are to be placed within a Special Flood Hazard

Area, the following criteria shall be met:

Tagged Passions:flooding

a.
Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement from hydrodynamic and

No additional detail provided

Tagged Passions:flooding

hydrostatic loads during conditions of the design flood, including the effects of

Tagged Passions:flooding

buoyancy assuming the tank is empty;

b.
Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be

No additional detail provided

Tagged Passions:flooding

9
elevated to or above the Regulatory Flood Protection Elevation on a supporting

structure that is designed to prevent flotation, collapse or lateral movement during
Tagged Passions:regulation and flooding

condition of the design flood. Tank-supporting structures shall meet the

foundation requirements of the applicable flood hazard area;
Tagged Passions:flooding

c.
Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Article 5, Section B (2) of the Article shall be permitted

No additional detail provided

in flood hazard areas provided the tanks are designed, constructed, installed, and

anchored to resist all flood-related and other loads, including the effects of buoyancy, during conditions of the design flood and without release of contents in the floodwaters or infiltration by floodwaters into the tanks. Tanks shall be designed, constructed, installed, and anchored to resist the potential buoyant and other flood forces acting on an empty tank during design flood conditions. d. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
Tagged Passions:flooding

(i) At or above the Regulatory Flood Protection Elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the

tanks during conditions of the design flood; and

Tagged Passions:regulation and flooding

(ii) Anchored to prevent lateral movement resulting from hydrodynamic and

hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.

Tagged Passions:flooding

(10) Other Development.

Tagged Passions:development and Development

a.
Fences in regulated floodways and NEAs that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet

the limitations of Article 5, Section F of this ordinance.

Tagged Passions:ordinance

b.
Retaining walls, sidewalks and driveways in regulated floodways and NEAs. Retaining walls and sidewalks and driveways that involve the placement of fill in

No additional detail provided

Tagged Passions:streets and Pedestrian

regulated floodways shall meet the limitations of Article 5, Section F of this

ordinance.

Tagged Passions:ordinance

c.
Roads and watercourse crossings in regulated floodways and NEAs. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and

No additional detail provided

Tagged Passions:streets, utility, Utility, water, and stormwater

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