County flood damage prevention ordinance revised
By Steve Herring
Published in News on April 5, 2018 5:50 AM
Regulations for recreational vehicles, in-ground and elevated tanks and equipment that service homes in the county's flood zones are included in Wayne County's revised flood damage prevention ordinance.
Also, the proposed ordinance includes a conversion agreement so that when someone elevates a home they have to sign an agreement not to convert the lower level into living space.
Another provision that would have prohibited building on fill in a flood zone has been has been deleted. Fill is when a material is used to build up a low-lying area in order to build on it.
However, most of the changes in the proposed ordinance are found in the list of definitions that are non-negotiable, Assistant County Manager Chip Crumpler told Wayne County commissioners during their Tuesday morning session.
The public will have the opportunity to comment on and ask questions about the ordinance during a 9:30 a.m. public hearing on Tuesday, May 15, in the Wayne County commissioners' meeting room on the fourth floor of the Wayne County Courthouse annex.
All property owners who will be affected by the ordinance will be notified by first class mail. About 500 such property owners live outside the county, Crumpler said.
The notice and a copy of the ordinance will be posted on the county website, www.waynegov.com. The public hearing also will be advertised in the News-Argus.
On the bottom of the public hearing notice will be a name, email address and phone number for people who have questions before the public hearing.
Commissioners have until June 20 to enact an ordinance to complement new flood maps that already have been approved by the state.
Failure to adopt an ordinance will mean that property owners will no longer be able to participate in the National Flood Insurance Program.
The Federal Emergency Management Agency redid the county's flood maps about two years ago, but were not adopted or made effective until recently when the county was notified that the maps will become effective June 20.
One of the changes is to clarify that all new electrical, heating, ventilation, plumbing, air conditioning equipment and other service equipment must be located at least 2 feet above the base flood level.
An alternative is that the equipment be designed and installed to prevent water from entering or accumulating in the components during a flood.
These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, water heaters and electric outlets/switches.
The ordinance also includes regulations established by the Federal Emergency Management Agency concerning what is considered to be a temporary recreational vehicle in a flood zone.
To be considered temporary the recreational vehicle has to be on site for fewer than 180 consecutive days or be fully licensed and ready for highway use.
If the tongue and tires have been removed and the vehicle underpinned, it is considered permanent and has to be elevated and must meet all the requirements for new construction.
As for underground tanks in flood hazard area, the ordinance requires that they be anchored to "prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty."
It also requires that aboveground tanks in flood hazard areas be elevated to or above the regulatory flood protection elevation "on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood."
Tank inlets, fill openings, outlets and vents must be 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 a flood.
The tanks also must be anchored "to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy" during food conditions.
Violation of the provisions in the 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, would constitute a Class I misdemeanor.
Any person who violates the ordinance or fails to comply with any of its requirements shall, upon conviction, be fined not more than $100 or imprisoned for not more than 30 days, or both.
Each day such violation continues shall be considered a separate offense.
Commissioners can make that provision more restrictive and add to the amount of the fine, he said.