10-07-2019 Agenda Packet BOCPERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
MEETING AGENDA
304 South Morgan Street, Room 215
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
October 7, 2019
7:00pm
CALL TO ORDER………………………………………………….. Chairman Newell
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
RECOGNITION:
ITEM #1
Proclamation for Race Unity Week ………………………………... Chairman Newell
PUBLIC HEARING:
ITEM #2
Text Amendment (TA-02-19) request by the Person County
Planning Department staff to amend Articles 1 – 6 of the
Flood Damage Prevention Ordinance of Person County …………………. Lori Oakley
ITEM #3
Consideration to Grant or Deny Request to Amend Articles 1 – 6
of the Flood Damage Prevention Ordinance of Person County …...Chairman Newell
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INFORMAL COMMENTS
The Person County Board of Commissioners established a 10-minute segment
which is open for informal comments and/or questions from citizens of this
county on issues, other than those issues for which a public hearing has been
scheduled. The time will be divided equally among those wishing to comment.
It is requested that any person who wishes to address the Board, register with
the Clerk to the Board prior to the meeting.
ITEM #4
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A.Approval of Minutes of September 23, 2019,
B.Budget Amendment #7, and
C.Authorization for a Contract with FourSquare Research, Inc. for a Market
Study to Assess Opportunities for a YMCA
NEW BUSINESS:
ITEM #5
Approval of Contract for Energov Project Oversight Consultant
Services …………………………………………………………………… Laura Jensen
ITEM #6
PATS Transportation for Mental Health Community Outreach
Program ……………………………………………………………………Laura Jensen
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate
by the Board.
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NOTICE OF PUBLIC HEARING
The Person County Board of Commissioners will hold a public hearing on October 7, 2019 at 7:00 p.m. in
Room 215 of the Person County Office Building at 304 South Morgan Street, Roxboro, North Carolina to
hear the following:
1.TA‐02‐19 ‐ A request by the Person County Planning Department staff to amend Articles 1 – 6 of
the Flood Damage Prevention Ordinance of Person County in order to comply with state and
federal regulations.
The public is invited to attend the meeting. Substantial changes may occur to the request based on
comments from the public hearing. The Board reserves the right to recess the public hearing to another
place and time. For further information on the case(s) listed above, please contact the Person County
Planning and Zoning Department at 336‐597‐1750.
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AGENDA ABSTRACT
Meeting Date: October 7, 2019
Agenda Title: Public Hearing for a Text Amendment (TA-02-19) request by the Person
County Planning Department staff to amend Articles 1 – 6 of the Flood Damage Prevention
Ordinance of Person County in order to comply with state and federal regulations.
The proposed text amendment requires legislative review by the Board at a public hearing.
The NC General Statutes requires that when reviewing a text amendment, the board also include with
their motion a statement as to whether the proposed text amendment is reasonable and consistent.
Summary of Information: In June 2019, staff was notified by FEMA and the NC Department
of Public Safety – Risk Management/Emergency Management Department that several minor
modifications needed to be made to the Flood Damage Prevention Ordinance of Person County
prior to the effective date of our newly revised FIRM (Flood Insurance Rate Maps) maps on
December 6, 2019. Staff has been working with the planners at the NC Department of Public
Safety to ensure that all proposed text changes met the specific guidelines required by FEMA. If
the proposed text amendment is not adopted by December 6, 2019, citizens in the county who own
property located within a floodplain will not be eligible to participate in National Flood Insurance
Program (NFIP) or purchase flood insurance.
Planning Staff Recommendation: Planning Staff recommends approval of TA-02-19. The
proposed text amendment has been reviewed by the state and is compliant with all federal flood
regulation guidelines.
Planning Board Recommendation: At the Planning Board meeting on September 12, 2019, the
board voted unanimously (5-0) to recommend approval of TA-02-19 including the Reasonableness
and Consistency Statement included in the staff report (listed below).
Reasonableness and Consistency Statement: The text amendment request is consistent with the
Comprehensive Plan and future planning goals of Person County. It is reasonable and in the public
interest as it will provide clear and concise regulations in the Flood Damage Prevention Ordinance
and ensure Person County remains compliant with federal guidelines and enable at-risk properties
to participate in the National Flood Insurance Program.
Recommended Action: Vote to approve, approve with modifications or deny the requested text
amendment. The Board also needs to address the Statement of Reasonableness and Consistency
required by the NC General Statutes.
Submitted By: Lori Oakley, Planning Director
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FLOOD DAMAGE PREVENTION ORDINANCE OF PERSON COUNTY, NC
Non-Coastal Regular Phase
ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES.
SECTION A. STATUTORY AUTHORIZATION.
Municipal: The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3, 5, and 8 of
Article 19 of Chapter 160A; and Article 8 of Chapter 160A of the North Carolina General Statutes, delegated to local
governmental units the responsibility to adopt regulations designed to promote the public health, safety, and general welfare.
County: 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 Part 121, Article 6 of Chapter 153A of the North Carolina General Statutes, delegated to local
governmental units the responsibility to adopt regulations designed to promote the public health, safety, and general welfare.
Therefore, the Person County Board of Commissioners, Person County, North Carolina, does ordain as follows:
SECTION B. FINDINGS OF FACT.
(1)The flood prone areas within the jurisdiction of Person County are subject to periodic inundation which results in loss
of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public
expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public
health, safety, and general welfare.
(2)These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights
and velocities and by the occupancy in flood prone areas of uses vulnerable to floods or other hazards.
SECTION C. STATEMENT OF PURPOSE.
It is the purpose of this ordinance to promote public health, safety, and general welfare and to minimize public and private
losses due to flood conditions within flood prone areas by provisions designed to:
(1)Restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards or that result
in damaging increases in erosion, flood heights or velocities;
(2)Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at
the time of initial construction;
(3)Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the
accommodation of floodwaters;
(4)Control filling, grading, dredging, and all other development that may increase erosion or flood damage; and
(5)Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or which may increase
flood hazards to other lands.
SECTION D. OBJECTIVES.
The objectives of this ordinance are to:
(1)Protect human life, safety, and health;
(2) Minimize expenditure of public money for costly flood control projects;
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(3)Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the
general public;
(4) Minimize prolonged business losses and interruptions;
(5)Minimize damage to public facilities and utilities (i.e. water and gas mains, electric, telephone, cable and sewer lines,
streets, and bridges) that are located in flood prone areas;
(6)Minimize damage to private and public property due to flooding;
(7) Make flood insurance available to the community through the National Flood Insurance Program;
(8)Maintain the natural and beneficial functions of floodplains;
(96)Help maintain a stable tax base by providing for the sound use and development of flood prone areas; and
(107)Ensure that potential buyers are aware that property is in a Special Flood Hazard Area.
ARTICLE 2. DEFINITIONS.
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning
they have in common usage and to give this ordinance it’s most reasonable application.
“Accessory Structure (Appurtenant Structure)” means a structure located on the same parcel of property as the principal
structure and the use of which is incidental to the use of the principal structure. Garages, carports and storage sheds are
common urban accessory structures. Pole barns, hay sheds and the like qualify as accessory structures on farms, and may or
may not be located on the same parcel as the farm dwelling or shop building.
“Addition (to an existing building)” means an extension or increase in the floor area or height of a building or structure.
“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.
“Appeal” means a request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance.
“Area of Future-Conditions Flood Hazard” means the land area that would be inundated by the 1-percent-annual-chance
(100- year) flood based on future-conditions hydrology.
“Area of Shallow Flooding” means a designated Zone AO on a community's Flood Insurance Rate Map (FIRM) with base
flood depths determined to be from one (1) to three (3) feet. These areas are located where a clearly defined channel does not
exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
“Area of Special Flood Hazard” see “Special Flood Hazard Area (SFHA)”.
“Basement” means any area of the building having its floor subgrade (below ground level) on all sides.
“Base Flood” means the flood having a one (1) percent chance of being equaled or exceeded in any given year.
“Base Flood Elevation (BFE)” means a determination of the water surface elevations of the base flood as published in the
Flood Insurance Study. When the BFE has not been provided in a “Special Flood Hazard Area”, it may be obtained from
engineering studies available from a Federal, State, or other source using FEMA approved engineering methodologies. This
elevation, when combined with the “Freeboard”, establishes the “Regulatory Flood Protection Elevation”.
“Building” see “Structure”.
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“Chemical Storage Facility” means a building, portion of a building, or exterior area adjacent to a building used for the
storage of any chemical or chemically reactive products.
“Design Flood”: See “Regulatory Flood Protection Elevation.”
“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.
“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 Flood Hazard Areas and the risk premium zones
applicable to the community are delineated.
“Disposal” means, as defined in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or
placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may
enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
“Elevated Building” means a non-basement building which has its lowest elevated floor raised above ground level by
foundation walls, shear walls, posts, piers, pilings, or columns.
“Encroachment” means the advance or infringement of uses, fill, excavation, buildings, structures or development into a
floodplain, which may impede or alter the flow capacity of a floodplain.
“Existing building and existing structure” means any building and/or structure for which the “start of construction”
commenced before September 14, 1990, the initial effective date of the floodplain management regulations adopted by the
community..
“Existing Manufactured Home Park or Manufactured Home Subdivision” means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at
a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete
pads) was completed before February 19, 1990, the initial effective date of the floodplain management regulations adopted by
the community.
“Flood” or “Flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas
from:
(1) the overflow of inland or tidal waters; and/or
(2) the unusual and rapid accumulation of runoff of surface waters from any source.
“Flood Boundary and Floodway Map (FBFM)” means an official map of a community, issued by the Federal Emergency
Management Agency, on which the Special Flood Hazard Areas and the floodways are delineated. This official map is a
supplement to and shall be used in conjunction with the Flood Insurance Rate Map (FIRM).
“Flood Hazard Boundary Map (FHBM)” means an official map of a community, issued by the Federal Emergency
Management Agency, where the boundaries of the Special Flood Hazard Areas have been defined as Zone A.
“Flood Insurance” means the insurance coverage provided under the National Flood Insurance Program.
“Flood Insurance Rate Map (FIRM)” means an official map of a community, issued by the Federal Emergency Management
Agency, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are
delineated.
“Flood Insurance Study (FIS)” means an examination, evaluation, and determination of flood hazards, corresponding water
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surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the Federal
Emergency Management Agency. The Flood Insurance Study report includes Flood Insurance Rate Maps (FIRMs) and
Flood Boundary and Floodway Maps (FBFMs), if published.
“Flood Prone Area” see “Floodplain”
“Floodplain” means any land area susceptible to being inundated by water from any source.
“Floodplain Administrator” is the individual appointed to administer and enforce the floodplain management regulations.
“Floodplain Development Permit” means any type of permit that is required in conformance with the provisions of this
ordinance, prior to the commencement of any development activity.
“Floodplain Management” means the operation of an overall program of corrective and preventive measures for reducing
flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to,
emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
“Floodplain Management Regulations” means this ordinance and other zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances, and other applications of police power. This term describes Federal,
State or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and
damage.
“Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures
which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures,
and their contents.
“Flood-resistant material” means any building product [material, component or system] capable of withstanding direct and
prolonged contact (minimum 72 hours) with floodwaters without sustaining damage that requires more than low-cost
cosmetic repair. Any material that is 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.
“Floodway” means the channel of a river or other watercourse, and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. 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.
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“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.
“Flood Zone” means a geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects
the severity or type of flooding in the area.
“Freeboard” means the height added to the Base Flood Elevation (BFE) to account for the many unknown factors that could
contribute to flood heights greater that the height calculated for a selected size flood and floodway conditions, such as wave
action, blockage of bridge openings, and the hydrological effect of urbanization of the watershed. The Base Flood Elevation
plus the freeboard establishes the “Regulatory Flood Protection Elevation”.
“Functionally Dependent Facility” means a facility which cannot be used for its intended purpose unless it is located in close
proximity to water, limited to a docking or port facility necessary for the loading and unloading of cargo or passengers,
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shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities.
“Hazardous Waste Management Facility” means, as defined in NCGS 130A, Article 9, a facility for the collection, storage,
processing, treatment, recycling, recovery, or disposal of hazardous waste.
“Highest Adjacent Grade (HAG)” means the highest natural elevation of the ground surface, prior to construction,
immediately next to the proposed walls of the structure.
“Historic Structure” means any structure that is:
(a)listed individually in the National Register of Historic Places (a listing maintained by the US Department of
Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual
listing on the National Register;
(b) certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of
a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered
historic district;
(c) individually listed on a local inventory of historic landmarks in communities with a “Certified Local
Government (CLG) Program”; or
(d)certified as contributing to the historical significance of a historic district designated by a community with a
“Certified Local Government (CLG) Program”.
Certified Local Government (CLG) Programs are approved by the US Department of the Interior in cooperation with
the North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the
requirements of the National Historic Preservation Act of 1966 as amended in 1980.
“Letter of Map Change (LOMC)” means an official determination issued by FEMA that amends 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 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
LOMA amends the current effective Flood Insurance Rate Map and establishes that 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, 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 CLOMR 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.
“Lowest Adjacent Grade (LAG)” means the lowest elevation of the ground, sidewalk or patio slab immediately next to the
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building, or deck support, after completion of the building.
“Lowest Floor” means lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant
enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement area is
not considered a building's lowest floor, provided that such an enclosure is not built so as to render the structure in violation
of the applicable non-elevation design requirements of this ordinance.
“Manufactured Home” means a structure, transportable in one or more sections, which is built on a permanent chassis and
designed to be used with or without a permanent foundation when connected to the required utilities. The term
“manufactured home” does not include a “recreational vehicle”.
“Manufactured Home Park or Subdivision” means a parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
“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 hazard data the FloodNC website
(http://FLOODNC.GOV/NCFLOOD) is the map repository.
“Market Value” means the building value, not including the land value and that of any accessory structures or other
improvements on the lot. Market value may be established by independent certified appraisal; replacement cost depreciated
for age of building and quality of construction (Actual Cash Value); or adjusted tax assessed values.
“Mean Sea Level” means, for purposes of this ordinance, the National Geodetic Vertical Datum (NGVD) as corrected in
1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical control datum used as a reference
for establishing varying elevations within the floodplain, to which Base Flood Elevations (BFEs) shown on a FIRM are
referenced. Refer to each FIRM panel to determine datum used.
“New Construction” means structures for which the “start of construction” commenced on or after February 19, 1990, the
effective date of the initial floodplain management regulations and includes any subsequent improvements to such structures.
“Non-Conversion Agreement” means a document stating that the owner will not convert or alter what has been constructed
and approved. Violation of the agreement is considered a violation of the ordinance and, therefore, subject to the same
enforcement procedures and penalties. The agreement must be filed with the recorded deed for the property. The agreement
must show the clerk’s or recorder’s stamps and/or notations that the filing has been completed.
“Non-Encroachment Area” means the channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1)
foot as designated in the Flood Insurance Study report.
“Post-FIRM” means construction or other development for which the “start of construction” occurred on or after September
14, 1990, the effective date of the initial Flood Insurance Rate Map.
“Pre-FIRM” means construction or other development for which the “start of construction” occurred before September 14,
1990, the effective date of the initial Flood Insurance Rate Map.
“Principally Above Ground” means that at least 51% of the actual cash value of the structure is above ground.
“Public Safety” and/or “Nuisance” means anything which is injurious to the safety or health of an entire community or
neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary
manner, of any navigable lake, or river, bay, stream, canal, or basin.
“Recreational Vehicle (RV)” means a vehicle, which is:
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(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.
“Reference Level” is the top of the lowest floor for structures within Special Flood Hazard Areas designated as Zones A, AE,
AH, AO and , A99.
“Regulatory Flood Protection Elevation” means the “Base Flood Elevation” plus the “Freeboard”. In “Special Flood Hazard
Areas” where Base Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus two (2) feet of
freeboard. In “Special Flood Hazard Areas” where no BFE has been established, this elevation shall be at least two (2) feet
above the highest adjacent grade.
“Remedy a Violation” means to bring the structure or other development into compliance with State and community
floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts
may be reduced include protecting the structure or other affected development from flood damages, implementing the
enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing Federal financial
exposure with regard to the structure or other development.
“Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
“Salvage Yard” means any non-residential property used for the storage, collection, and/or recycling of any type of
equipment, and including but not limited to vehicles, appliances and related machinery.
“Solid Waste Disposal Facility” means any facility involved in the disposal of solid waste, as defined in NCGS 130A-
290(a)(35).
“Solid Waste Disposal Site” means, as defined in NCGS 130A-290(a)(36), any place at which solid wastes are disposed of by
incineration, sanitary landfill, or any other method.
“Special Flood Hazard Area (SFHA)” means the land in the floodplain subject to a one percent (1%) or greater chance of
being flooded in any given year, as determined in Article 3, Section B of this ordinance.
“Start of Construction” includes substantial improvement, and means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180
days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the
main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling,
floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.
“Structure” means a walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage tank that is
principally above ground.
“Substantial Damage” means damage of any origin sustained by a structure during any one-year period whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred. See definition of “substantial improvement”. Substantial 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 event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage
occurred.
“Substantial Improvement” means any combination of repairs, reconstruction, rehabilitation, addition, or other improvement
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of a structure, taking place during any one-year period for which the cost equals or exceeds 50 percent of the market value of
the structure before the “start of construction” of the improvement. This term includes structures which have incurred
“substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:
(a) any correction of existing violations of State or community health, sanitary, or safety code specifications which
have been identified by the community code enforcement official and which are the minimum necessary to
assure safe living conditions; or
(b) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued
designation as a historic structure.
“Technical Bulletin and Technical Fact Sheet” means a FEMA publication that provides guidance concerning the building
performance standards of the NFIP, which are contained in Title 44 of the U.S. Code of Federal Regulations at Section 60.3.
The bulletins and fact sheets are intended for use primarily by State and local officials responsible for interpreting and
enforcing NFIP regulations and by members of the development community, such as design professionals and builders. New
bulletins, as well as updates of existing bulletins, are issued periodically as needed. The bulletins do not create regulations;
rather they provide specific guidance for complying with the minimum requirements of existing NFIP regulations.
“Temperature Controlled” means having the temperature regulated by a heating and/or cooling system, built-in or appliance.
“Variance” is a grant of relief from the requirements of this ordinance.
“Violation” means the failure of a structure or other development to be fully compliant with the community's floodplain
management regulations. A structure or other development without the elevation certificate, other certifications, or other
evidence of compliance required in Articles 4 and 5 is presumed to be in violation until such time as that documentation is
provided.
“Water Surface Elevation (WSE)” means the height, in relation to mean sea level, of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
“Watercourse” means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at
least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
ARTICLE 3. GENERAL PROVISIONS.
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES.
This ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction, including Extra-Territorial Jurisdictions
(ETJs) if applicable, of Person County and within the jurisdiction of any other community whose governing body agrees, by
resolution, to such applicability.
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 Person County dated June 4, 2007, which are adopted by reference and declared to be 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
Person County are also adopted by reference and declared a part of this ordinance. Subsequent Letter of Map Revisions
(LOMRs) and/or Physical Map Revisions (PMRs) shall be adopted within 3 months.
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 FIS dated December 6, 2019, shown on FIS for Person 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, and all revisions thereto after January 1, 2021. Future revisions to the FIS and DFIRM panels that do not
change flood hazard data within the jurisdictional authority of Person County are also adopted by reference and declared a
part of this ordinance. Subsequent Letter of Map Revisions (LOMRs) and/or Physical Map Revisions (PMRs) shall be
adopted within 3 months.
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SECTION C. ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT.
A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance prior to the
commencement of any development activities within Special Flood Hazard Areas determined in accordance with the
provisions of Article 3, Section B of this ordinance.
SECTION D. COMPLIANCE.
No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance
with the terms of this ordinance and other applicable regulations.
SECTION E. ABROGATION AND GREATER RESTRICTIONS.
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
SECTION F. INTERPRETATION.
In the interpretation and application of this ordinance, all provisions shall be:
(a) considered as minimum requirements;
(b) liberally construed in favor of the governing body; and
(c) deemed neither to limit nor repeal any other powers granted under State statutes.
SECTION G. WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on
scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by man-
made or natural causes. This ordinance does not imply that land outside the Special Flood Hazard Areas or uses permitted
within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of Person
County or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made hereunder.
SECTION H. PENALTIES FOR VIOLATION.
Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violation of
conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a
misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction
thereof, be fined not more than $50.00 or imprisoned for not more than thirty (30) days, or both. 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 requirements
shall, upon conviction thereof, be fined not more than $100.00 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 Person County
from taking such other lawful action as is necessary to prevent or remedy any violation.
ARTICLE 4. ADMINISTRATION.
SECTION A. DESIGNATION OF FLOODPLAIN ADMINISTRATOR.
The Zoning Administrator, 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 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.
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SECTION B. FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT AND CERTIFICATION
REQUIREMENTS.
(1)Application Requirements. Application for a Floodplain Development Permit shall be made to the Floodplain
Administrator prior to any development activities located within Special Flood Hazard Areas. The following items
shall be presented to the Floodplain Administrator to apply for a floodplain development permit:
(a)A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the
proposed floodplain development:
(i)the nature, location, dimensions, and elevations of the area of development/disturbance; existing and
proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage
facilities, and other development;
(ii)the boundary of the Special Flood Hazard Area as delineated on the FIRM or other flood map as
determined in Article 3, Section B, or a statement that the entire lot is within the Special Flood Hazard
Area;
(iii)flood zone(s) designation of the proposed development area as determined on the FIRM or other flood
map as determined in Article 3, Section B;
(iv) the boundary of the floodway(s) or non-encroachment area(s) as determined in Article 3, Section B;
(v)the Base Flood Elevation (BFE) where provided as set forth in Article 3, Section B; Article 4, Section C;
or Article 5, Section D;
(vi)the old and new location of any watercourse that will be altered or relocated as a result of proposed
development;
(vii)the certification of the plot plan by a registered land surveyor or professional engineer.
(b) Proposed elevation, and method thereof, of all development within a Special Flood Hazard Area including but
not limited to:
(i)Elevation in relation to mean sea level 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, AH, A99 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 floodproofed;
(c)If floodproofing, a Floodproofing Certificate (FEMA Form 81-65) with supporting data and an operational plan
that includes, but is not limited to, installation, exercise, and maintenance of floodproofing measures.
(d)A Foundation Plan, drawn to scale,, which shall include details of the proposed foundation system to ensure all
provisions of this ordinance are met. These details include but are not limited to:
(i) The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid
backfilled foundation, open foundation on columns/posts/piers/piles/shear walls);
(ii)Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with
Article 5, Section B(4)(cd) when solid foundation perimeter walls are used in Zones A, AO, AE, and
A1-30A, AE, AH, AO and A99;
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(e)Usage details of any enclosed areas below the lowest floor.
(f)Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water
systems to be located and constructed to minimize flood damage;
(g)Certification that all other Local, State and Federal permits required prior to floodplain development permit
issuance have been received.
(h)Documentation for placement of Recreational Vehicles and/or Temporary Structures, when applicable, to
ensure that the provisions of Article 5, Section B, subsections (6) and (7) of this ordinance are met.
(i) A description of proposed watercourse alteration or relocation, when applicable, including an engineering
report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to
properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location
of the proposed watercourse alteration or relocation.
(2)Permit Requirements. The Floodplain Development Permit shall include, but not be limited to:
(a)A complete description of the development to be permitted under the floodplain 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.).
.
(b)The Special Flood Hazard Area determination for the proposed development in accordance with available data
specified in Article 3, Section B.
(c)The regulatory flood protection elevation required for the reference level and all attendant utilities.
(d)The regulatory flood protection elevation required for the protection of all public utilities.
(e)All certification submittal requirements with timelines.
(f)A statement that no fill material or other development shall encroach into the floodway or non-encroachment
area of any watercourse, as applicable unless the requirements of Article 5, Section F have been met.
(g) The flood openings requirements, if in Zones A, AO, AE, AH or A99A1-30.
(3)Certification Requirements.
(a) Elevation Certificates
(i)An Elevation Certificate (FEMA Form 81-31) is required prior to the actual start of any new
construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a
certification of the elevation of the reference level, in relation to mean sea level. The Floodplain
Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be
corrected by the permit holder prior to the beginning of construction. Failure to submit the certification
or failure to make required corrections shall be cause to deny a floodplain development permit.
(ii)A final as-built Elevation Certificate (FEMA Form 81-31) is required after construction is completed and
prior to Certificate of Compliance/Occupancy issuance. It shall be the duty of the permit holder to
submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the
reference level and all attendant utilities. The Floodplain Administrator shall review the certificate data
submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and
prior to Certificate of Compliance/Occupancy issuance. In some instances, another certification may be
required to certify corrected as-built construction. Failure to submit the certification or failure to make
required corrections shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy.
(THE FEMA ELEVATION CERTIFICATE IS OPTIONAL FOR FLOODPLAIN MANAGEMENT
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ELEVATION DATA, BUT RECOMMENDED. THE USE OF THE FEMA ELEVATION
CERTIFICATE IS REQUIRED FOR THE PURCHASE OF FLOOD INSURANCE, AND
MANDATORY FOR CRS PARTICIPATION.)
(b)Floodproofing Certificate
(i)If non-residential floodproofing is used to meet the regulatory flood protection elevation requirements, a
Floodproofing Certificate (FEMA Form 81-65), with supporting data, an operational plan, and an
inspection and maintenance plan are required prior to the actual start of any new construction. It shall
be the duty of the permit holder to submit to the Floodplain Administrator a certification of the
floodproofed design elevation of the reference level and all attendant utilities, in relation to mean sea
level. Floodproofing certification shall be prepared by or under the direct supervision of a professional
engineer or architect and certified by same. The Floodplain Administrator shall review the certificate
data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such
review shall be corrected by the applicant prior to permit approval. Failure to submit the certification
or failure to make required corrections shall be cause to deny a floodplain development permit.
Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a
Certificate of Compliance/Occupancy.
(ii)A final Finished Construction Floodproofing Certificate (FEMA Form 086-0-34), with supporting data,
an operational plan, and an inspection and maintenance plan are required prior to the issuance of a
Certificate of Compliance/Occupancy. It shall be the duty of the permit holder to submit to the
Floodplain Administrator a certification of the floodproofed design elevation of the reference level and
all attendant utilities, in relation to 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 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 Compliance/Occupancy.
(c)If a manufactured home is placed within Zone A, AO, AE, AH or A99A1-30 and the elevation of the chassis is
more than 36 inches in height above grade, an engineered foundation certification is required in accordance
with the provisions of Article 5, Section B(3)(b).
(d) If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; a
professional engineer’s certified report on the effects of the proposed project on the flood-carrying capacity of
the watercourse and the effects to properties located both upstream and downstream; and a map showing the
location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior
to issuance of a floodplain development permit.
(e)Certification Exemptions. The following structures, if located within Zone A, AO, AE, AH or A99A1-30, are
exempt from the elevation/floodproofing certification requirements specified in items (a) and (b) of this
subsection:
(i)Recreational Vehicles meeting requirements of Article 5, Section B(6)(a);
(ii)Temporary Structures meeting requirements of Article 5, Section B(7); and
(iii)Accessory Structures less than 150 square feet meeting requirements of Article 5, Section B(8).
(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 any other improvement of or work on such buildings and structures,
the Floodplain Administrator, in coordination with the Building Official, shall:
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(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 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
damage occurred and before any repairs are made;
(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
(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 required.
SECTION C. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
The Floodplain Administrator shall perform, but not be limited to, the following duties:
(1) Review all floodplain development applications and issue permits for all proposed development within Special Flood
Hazard Areas to assure that the requirements of this ordinance have been satisfied.
(2)Review all proposed development within Special Flood Hazard Areas to assure that all necessary Local, State and
Federal permits have been received.
(3)Notify adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of
Emergency Management, State Coordinator for the National Flood Insurance Program prior to any alteration or
relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency
(FEMA).
(4)Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-
carrying capacity is maintained.
(5)Prevent encroachments into floodways and non-encroachment areas unless the certification and flood hazard reduction
provisions of Article 5, Section F are met.
(6)Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and all attendant
utilities of all new and substantially improved structures, in accordance with Article 4, Section B(3).
(7)Obtain actual elevation (in relation to mean sea level) to which all new and substantially improved structures and
utilities have been floodproofed, in accordance with the provisions of Article 4, Section B(3).
(8)Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of Article
4, Section B(3).
(9)When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer
or architect in accordance with the provisions of Article 4, Section B(3) and Article 5, Section B(2).
(10) Where interpretation is needed as to the exact location of boundaries of the Special Flood Hazard Areas, floodways, or
non-encroachment areas (for example, where there appears to be a conflict between a mapped boundary and actual
field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given
a reasonable opportunity to appeal the interpretation as provided in this article.
(11) When Base Flood Elevation (BFE) data has not been provided in accordance with Article 3, Section B, obtain, review,
and reasonably utilize any Base Flood Elevation (BFE) data, along with floodway data or non-encroachment area data
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available from a Federal, State, or other source, including data developed pursuant to Article 5, Section D(2)(b), in
order to administer the provisions of this ordinance.
(12) When Base Flood Elevation (BFE) data is provided but no floodway or non-encroachment area data has been provided
in accordance with Article 3, Section B, obtain, review, and reasonably utilize any floodway data or non-encroachment
area data available from a Federal, State, or other source in order to administer the provisions of this ordinance.
(13) When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a parcel in a
Special Flood Hazard Area is above the Base Flood Elevation, advise the property owner of the option to apply for a
Letter of Map Amendment (LOMA) from FEMA. Maintain a copy of the Letter of Map Amendment (LOMA) issued
by FEMA in the floodplain development permit file.
(14) Permanently maintain all records that pertain to the administration of this ordinance and make these records available
for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended.
(15) Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses,
the floodplain administrator shall make as many inspections of the work as may be necessary to ensure that the work is
being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the
floodplain administrator has a right, upon presentation of proper credentials, to enter on any premises within the
jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action.
(16)Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or
repaired in violation of this ordinance, the Floodplain Administrator may order the work to be immediately stopped.
The stop-work order shall be in writing and directed to the person doing or in charge of the work. The stop-work
order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under
which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor.
(17) Revoke floodplain development permits as required. The Floodplain Administrator may revoke and require the return
of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation.
Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for
refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations
made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable State
or local law may also be revoked.
(18) Make periodic inspections throughout the special flood hazard areas within the jurisdiction of the community. The
Floodplain Administrator and each member of his or her inspections department shall have a right, upon presentation
of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable
hour for the purposes of inspection or other enforcement action.
(19) Follow through with corrective procedures of Article 4, Section D.
(20) Review, provide input, and make recommendations for variance requests.
(21) Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and other official flood maps
and studies adopted in accordance with Article 3, Section B of this ordinance, including any revisions thereto
including Letters of Map Change, issued by FEMA. Notify State and FEMA of mapping needs.
(22) Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based on Fill (LOMR-F) and
Letters of Map Revision (LOMR).
SECTION D. CORRECTIVE PROCEDURES.
(1) Violations to be Corrected: When the Floodplain Administrator finds violations of applicable State and local laws, it
shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall
immediately remedy each of the violations of law cited in such notification.
(2)Actions in Event of Failure to Take Corrective Action: If the owner of a building or property shall fail to take prompt
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corrective action, the Floodplain Administrator shall give the owner written notice, by certified or registered mail to
the owner’s last known address or by personal service, stating:
(a) that the building or property is in violation of the floodplain management regulations;
(b)that a hearing will be held before the floodplain administrator at a designated place and time, not later than ten
(10) days after the date of the notice, at which time the owner shall be entitled to be heard in person or by
counsel and to present arguments and evidence pertaining to the matter; and
(c)that following the hearing, the Floodplain Administrator may issue an order to alter, vacate, or demolish the
building; or to remove fill as applicable.
(3)Order to Take Corrective Action: If, upon a hearing held pursuant to the notice prescribed above, the Floodplain
Administrator shall find that the building or development is in violation of the Flood Damage Prevention Ordinance,
they shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time
period, not less than sixty (60) calendar days, nor more than (___) 180 calendar days. (One-hundred-eighty (180)
calendar days or less is recommended) Where the Floodplain Administrator finds that there is imminent danger to life
or other property, they may order that corrective action be taken in such lesser period as may be feasible.
(4)Appeal: Any owner who has received an order to take corrective action may appeal the order to the local elected
governing body by giving notice of appeal in writing to the Floodplain Administrator and the clerk within ten (10)
days following issuance of the final order. In the absence of an appeal, the order of the Floodplain Administrator shall
be final. The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm,
or revoke the order.
(5)Failure to Comply with Order: If the owner of a building or property fails to comply with an order to take corrective
action for which no appeal has been made or fails to comply with an order of the governing body following an appeal,
the owner shall be guilty of a Class I misdemeanor pursuant to NC G.S. § 143-215.58 and shall be punished at the
discretion of the court.
SECTION E. VARIANCE PROCEDURES.
(1)The Board of Adjustment as established by Person County, hereinafter referred to as the “appeal board”, shall hear and
decide requests for variances from the requirements of this ordinance.
(2) Any person aggrieved by the decision of the appeal board may appeal such decision to the Court, as provided in
Chapter 7A of the North Carolina General Statutes.
(3)Variances may be issued for:
(a)the repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as a historic structure and that the variance is the
minimum necessary to preserve the historic character and design of the structure.
(b)functionally dependent facilities if determined to meet the definition as stated in Article 2 of this ordinance,
provided provisions of Article 4, Section E(9)(b), (c), and (e) have been satisfied, and such facilities are
protected by methods that minimize flood damages during the base flood and create no additional threats to
public safety.
(c)any other type of development, provided it meets the requirements of this Section.
(4) In passing upon variances, the appeal board shall consider all technical evaluations, all relevant factors, all standards
specified in other sections of this ordinance, and:
(a) the danger that materials may be swept onto other lands to the injury of others;
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(b) the danger to life and property due to flooding or erosion damage;
(c)the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the
individual owner;
(d) the importance of the services provided by the proposed facility to the community;
(e)the necessity to the facility of a waterfront location as defined under Article 2 of this ordinance as a functionally
dependent facility, where applicable;
(f)the availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
(g)the compatibility of the proposed use with existing and anticipated development;
(h) the relationship of the proposed use to the comprehensive plan and floodplain management program for that
area;
(i)the safety of access to the property in times of flood for ordinary and emergency vehicles;
(j)the expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of
wave action, if applicable, expected at the site; and
(k) the costs of providing governmental services during and after flood conditions including maintenance and
repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
(5)A written report addressing each of the above factors shall be submitted with the application for a variance.
(6) Upon consideration of the factors listed above and the purposes of this ordinance, the appeal board may attach such
conditions to the granting of variances as it deems necessary to further the purposes and objectives of this ordinance.
(7)Any applicant to whom a variance is granted shall be given written notice specifying the difference between the Base
Flood Elevation (BFE) and the elevation to which the structure is to be built and that such construction below the Base
Flood Elevation increases risks to life and property, and that the issuance of a variance to construct a structure below
the Base Flood Elevation will result in increased premium rates for flood insurance up to $25 per $100 of insurance
coverage. Such notification shall be maintained with a record of all variance actions, including justification for their
issuance.
(8) The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal
Emergency Management Agency and the State of North Carolina upon request.
(9)Conditions for Variances:
(a)Variances shall not be issued when the variance will make the structure in violation of other Federal, State, or
local laws, regulations, or ordinances.
(b)Variances shall not be issued within any designated floodway or non-encroachment area if the variance would
result in any increase in flood levels during the base flood discharge.
(c)Variances shall only be issued upon a determination that the variance is the minimum necessary, considering
the flood hazard, to afford relief.
(d) Variances shall only be issued prior to development permit approval.
(e)Variances shall only be issued upon:
(i) a showing of good and sufficient cause;
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(ii)a determination that failure to grant the variance would result in exceptional hardship; and
(iii)a determination that the granting of a variance will not result in increased flood heights, additional
threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization
of the public, or conflict with existing local laws or ordinances.
(10) No variance may be issued for solid waste disposal facilities, hazardous waste management facilities, salvage yards,
and chemical storage facilities that are located in Special Flood Hazard Areas.
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION.
SECTION A. GENERAL STANDARDS.
In all Special Flood Hazard Areas the following provisions are required:
(1) All new construction and substantial improvements shall be designed (or modified) and adequately anchored to
prevent flotation, collapse, and lateral movement of the structure.
(2)All new construction and substantial improvements shall be constructed with materials and utility equipment resistant
to flood damage in accordance with the FEMA Technical Bulletin 2, Flood Damage-Resistant Materials
Requirements.
(3)All new construction and substantial improvements shall be constructed by methods and practices that minimize flood
damages.
(4)(4) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be
designed and/or located so as to prevent water from entering or accumulating within the components during conditions
of flooding to the Regulatory Flood Protection Elevation. These include, but are not limited to, HVAC equipment,
water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, hot water
heaters, and electric outlets/switches. All new electrical, heating, ventilation, plumbing, air conditioning equipment,
and other service equipment shall be located at or above the RFPE or designed and installed to prevent water from
entering or accumulating within the components during the occurrence of the base 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.
(a)Replacements part of a substantial improvement, electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service equipment shall also meet the above provisions.
(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.
(5)All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters
into the system.
(6)New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters
into the systems and discharges from the systems into flood waters.
(7)On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from
them during flooding.
(8)Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the provisions of
this ordinance, shall meet the requirements of “new construction” as contained in this ordinance.
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(89) Nothing in this ordinance shall prevent the repair, reconstruction, or replacement of a building or structure existing on
the effective date of this ordinance and located totally or partially within the floodway, non-encroachment area, or
stream setback, provided there is no additional encroachment below the regulatory flood protection elevation in the
floodway, non-encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement
meets all of the other requirements of this ordinance.
(910)New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical
storage facilities shall not be permitted, except by variance as specified in Article 4, Section E(10). A structure or tank
for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater
treatment facility may be located in a Special Flood Hazard Area only if the structure or tank is either elevated or
floodproofed to at least the regulatory flood protection elevation and certified in accordance with the provisions of
Article 4, Section B(3).
(1110) All subdivision proposals and other development proposals shall be consistent with the need to minimize flood
damage.
(1112) All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer, gas,
electrical, and water systems located and constructed to minimize flood damage.
(1213) All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure
to flood hazards.
(1314) All subdivision proposals and other development proposals shall have received all necessary permits from those
governmental agencies for which approval is required by Federal or State law, including Section 404 of the Federal
Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
(1415) When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for
new construction and substantial improvements.
(1516) When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood
elevations, the provisions for the more restrictive flood hazard risk zone and the highest base flood elevation shall
apply.
SECTION B. SPECIFIC STANDARDS.
In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data has been provided, as set forth in Article 3,
Section B, or Article 5, Section D, the following provisions, in addition to the provisions of Article 5, Section A, are
required:
(1) Residential Construction. New construction and substantial improvement of any residential structure (including
manufactured homes) shall have the reference level, including basement, elevated no lower than the regulatory flood
protection elevation, as defined in Article 2 of this ordinance.
(2)Non-Residential Construction. New construction and substantial improvement of any commercial, industrial, or other
non-residential structure shall have the reference level, including basement, elevated no lower than the regulatory flood
protection elevation, as defined in Article 2 of this ordinance. Structures located in A, AE, AH, AO, and A99A1-30
Zones may be floodproofed to the regulatory flood protection elevation in lieu of elevation provided that all areas of the
structure, together with attendant utility and sanitary facilities, below the regulatory flood protection elevation are
watertight with walls substantially impermeable to the passage of water, using structural components having the
capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. For AO Zones, the
floodproofing elevation shall be in accordance with Article 5, Section G IG(2). A registered professional engineer or
architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the
Floodplain Administrator as set forth in Article 4, Section B(3), along with the operational and maintenance plans..
(3)Manufactured Homes.
(a)New and replacement manufactured homes shall be elevated so that the reference level of the manufactured
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July 3, 2007Revised ___________, 2019 19
home is no lower than the regulatory flood protection elevation, as defined in Article 2 of this ordinance.
(b) Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation,
collapse, and lateral movement, either by certified engineered foundation system, or in accordance with the
most current edition of the State of North Carolina Regulations for Manufactured Homes adopted by the
Commissioner of Insurance pursuant to NCGS 143-143.15. Additionally, when the elevation would be met by
an elevation of the chassis thirty-six (36) inches or less above the grade at the site, the chassis shall be
supported by reinforced piers or engineered foundation. When the elevation of the chassis is above thirty-six
(36) inches in height, an engineering certification is required.
(c) All enclosures or skirting below the lowest floor shall meet the requirements of Article 5, Section B(4).
(d) An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or
substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan
shall be filed with and approved by the Floodplain Administrator and the local Emergency Management
coordinator.
(4) Elevated Buildings. Fully enclosed area, of new construction and substantially improved structures, which is below
the lowest floor:
(a) shall not be designed or used for human habitation, but shall only be used for parking of vehicles, building
access, or limited storage of maintenance equipment used in connection with the premises. Access to the
enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage
of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). The
interior portion of such enclosed area shall not be finished or partitioned into separate rooms, except to enclose
storage areas;
(b) (b) shall not be temperature-controlled or conditioned;
(c) shall be constructed entirely of flood resistant materials at least to the regulatory flood protection elevation;
(dc) shall include, in Zones A, AO, AE, AH and A99A1-30, flood openings to automatically equalize hydrostatic
flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings
must either be certified by a professional engineer or architect or meet or exceed the following minimum design
criteria:
(i) A minimum of two flood openings on different sides of each enclosed area subject to flooding;
(ii) The total net area of all flood openings must be at least one (1) square inch for each square foot of
enclosed area subject to flooding;
(iii) If a building has more than one enclosed area, each enclosed area must have flood openings to allow
floodwaters to automatically enter and exit;
(iv) The bottom of all required flood openings shall be no higher than one (1) foot above the adjacent grade;
(v) Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they
permit the automatic flow of floodwaters in both directions; and
(vi) Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and,
therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status,
is considered an enclosure and requires flood openings as outlined above.
(5) Additions/Improvements.
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July 3, 2007Revised ___________, 2019 20
(a) Additions and/or improvements to pre-FIRM structures when the addition and/or improvements in combination
with any interior modifications to the existing structure are:
(i) not a substantial improvement, the addition and/or improvements must be designed to minimize flood
damages and must not be any more non-conforming than the existing structure.
(ii) a substantial improvement, both the existing structure and the addition and/or improvements must
comply with the standards for new construction.
(b) Additions to post-FIRM structures with no modifications to the existing structure other than a standard door in
the common wall shall require only the addition to comply with the standards for new construction.
(c) Additions and/or improvements to post-FIRM structures when the addition and/or improvements in
combination with any interior modifications to the existing structure are:
(i) not a substantial improvement, the addition and/or improvements only must comply with the standards
for new construction.
(ii) a substantial improvement, both the existing structure and the addition and/or improvements must
comply with the standards for new construction.
(d) (d) Any combination of repair, reconstruction, rehabilitation, addition or improvement of a building
or structure taking place during a 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 (1) year period begins on the date of the
first improvement or repair of that 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 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 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 minimum necessary to assume safe living
conditions.
(ii) Any alteration of a historic structure provided that the alteration will not preclude the structure’s
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
(b) meet all the requirements for new construction.
(a) Temporary Placement
(i) Be on site for fewer than 180 consecutive days; or
(ii) 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.)
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July 3, 2007Revised ___________, 2019 21
(b)Permanent Placement. Recreational vehicles that do not meet the limitations of Temporary Placement shall
meet all the requirements for new construction.
(7) Temporary Non-Residential Structures. Prior to the issuance of a floodplain development permit for a temporary
structure, the applicant must submit to the Floodplain Administrator a plan for the removal of such structure(s) in the
event of a hurricane, flash flood or other type of flood warning notification. The following information shall be
submitted in writing to the Floodplain Administrator for review and written approval:
(a)a specified time period for which the temporary use will be permitted. Time specified may not exceed three (3)
months, renewable up to one (1) year;
(b) the name, address, and phone number of the individual responsible for the removal of the temporary structure;
(c) the time frame prior to the event at which a structure will be removed (i.e., minimum of 72 hours before landfall
of a hurricane or immediately upon flood warning notification);
(d)a copy of the contract or other suitable instrument with the entity responsible for physical removal of the
structure; and
(e)designation, accompanied by documentation, of a location outside the Special Flood Hazard Area, to which the
temporary structure will be moved.
(8)Accessory Structures. When accessory structures (sheds, detached garages, etc.) are to be placed within a Special
Flood Hazard Area, the following criteria shall be met:
(a)Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking or
restroom areas);
(b)Accessory structures shall not be temperature-controlled;
(c)Accessory structures shall be designed to have low flood damage potential;
(d)Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance
to the flow of floodwaters;
(e)Accessory structures shall be firmly anchored in accordance with the provisions of Article 5, Section A(1);
(f)All service facilities such as electrical shall be installed in accordance with the provisions of Article 5, Section
A(4); and
(g)Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below
regulatory flood protection elevation in conformance with the provisions of Article 5, Section B(4)(c).
An accessory structure with a footprint less than 150 square feet that satisfies the criteria outlined above does not
require an elevation or floodproofing certificate. Elevation or floodproofing certifications are required for all other
accessory structures in accordance with Article 4, Section B(3).
(9)Tanks. When gas and liquid storage tanks are to be placed within a Special Flood Hazard Area, the following criteria
shall be met:
(a)Underground tanks. Underground tanks in flood hazard areas shall 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;
(b) Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated to or above the
Regulatory Flood Protection Elevation on a supporting structure that is designed to prevent flotation, collapse
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July 3, 2007Revised ___________, 2019 22
or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the
foundation requirements of the applicable flood hazard area;
(c)Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Article
5, Section B (2) of this ordinance shall be permitted 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:
(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
(ii)Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy, during conditions of the design flood.
(10) Other 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.
(b)Retaining walls, sidewalks and driveways in regulated floodways and NEAs. Retaining walls and sidewalks
and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Article 5,
Section F of this ordinance.
(c)Roads and watercourse crossings in regulated floodways and NEAs. Roads and watercourse crossings,
including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel
from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the
limitations of Article 5, Section F of this ordinance.
SECTION C. RESERVED.
SECTION D. STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD
ELEVATIONS.
Within the Special Flood Hazard Areas designated as Approximate Zone A and established in Article 3, Section B, where no
Base Flood Elevation (BFE) data has been provided by FEMA, the following provisions, in addition to the provisions of
Article 5, Section A, shall apply:
(1)No encroachments, including fill, new construction, substantial improvements or new development shall be permitted
within a distance of twenty (20) feet each side from top of bank or five times the width of the stream, whichever is
greater, unless certification with supporting technical data by a registered professional engineer is provided
demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the
base flood discharge.
(2)The BFE used in determining the regulatory flood protection elevation shall be determined based on the following
criteria:
(a)When Base Flood Elevation (BFE) data is available from other sources, all new construction and substantial
improvements within such areas shall also comply with all applicable provisions of this ordinance and shall be
elevated or floodproofed in accordance with standards in Article 5, Sections A and B.
(b)When floodway or non-encroachment data is available from a Federal, State, or other source, all new
construction and substantial improvements within floodway and non-encroachment areas shall also comply
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July 3, 2007Revised ___________, 2019 23
with the requirements of Article 5, Sections B and F.
(c)All subdivision, manufactured home park and other development proposals shall provide Base Flood Elevation
(BFE) data if development is greater than five (5) acres or has more than fifty (50) lots/manufactured home
sites. Such Base Flood Elevation (BFE) data shall be adopted by reference in accordance with Article 3,
Section B and utilized in implementing this ordinance.
(dc)When Base Flood Elevation (BFE) data is not available from a Federal, State, or other source as outlined above,
the reference level shall be elevated or floodproofed (nonresidential) to or above the Regulatory Flood
Protection Elevation, as defined in Article 2. All other applicable provisions of Article 5, Section B shall also
apply.
SECTION E. STANDARDS FOR RIVERINE FLOODPLAINS WITH BFE BUT WITHOUT ESTABLISHED
FLOODWAYS OR NON-ENCROACHMENT AREAS.
Along rivers and streams where BFE data is provided by FEMA or is available from another source but neither floodway nor
non-encroachment areas are identified for a Special Flood Hazard Area on the FIRM or in the FIS report, the following
requirements shall apply to all development within such areas:
(1) Standards of Article 5, Sections A and B; and
(2)Until a regulatory floodway or non-encroachment area is designated, no encroachments, including fill, new
construction, substantial improvements, or other development, shall be permitted unless certification with supporting
technical data by a registered professional engineer is provided demonstrating that the cumulative effect of the
proposed development, when combined with all other existing and anticipated development, will not increase the
water surface elevation of the base flood more than one (1) foot at any point within the community.
SECTION F. FLOODWAYS AND NON-ENCROACHMENT AREAS.
Areas designated as floodways or non-encroachment areas are located within the Special Flood Hazard Areas established in
Article 3, Section B. The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of
floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to
standards outlined in Article 5, Sections A and B, shall apply to all development within such areas:
(1)No encroachments, including fill, new construction, substantial improvements and other developments shall be
permitted unless:
(a)it is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the
occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with
standard engineering practice and presented to the Floodplain Administrator prior to issuance of floodplain
development permit, or
(b) a Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision
(LOMR) must also be obtained upon completion of the proposed encroachment.
(2)If Article 5, Section F(1) is satisfied, all development shall comply with all applicable flood hazard reduction
provisions of this ordinance.
(3)No manufactured homes shall be permitted, except replacement manufactured homes in an existing manufactured
home park or subdivision, provided the following provisions are met:
(a)the anchoring and the elevation standards of Article 5, Section B(3); and
(b) the no encroachment standard of Article 5, Section F(1).
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July 3, 2007Revised ___________, 2019 24
SECTION G. STANDARDS FOR AREAS OF SHALLOW FLOODING (ZONE AO).
Located within the Special Flood Hazard Areas established in Article 3, Section B, are areas designated as shallow
flooding areas. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a
clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to
Article 5, Sections A and B, all new construction and substantial improvements shall meet the following requirements:
(1)The reference level shall be elevated at least as high as the depth number specified on the Flood Insurance Rate Map
(FIRM), in feet, plus a freeboard of 2 feet, above the highest adjacent grade; or at least 2 feet above the highest
adjacent grade if no depth number is specified.
(2)Non-residential structures may, in lieu of elevation, be floodproofed to the same level as required in Article 5, Section
G(1) so that the structure, together with attendant utility and sanitary facilities, below that level shall be watertight
with walls substantially impermeable to the passage of water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required in accordance with
Article 4, Section B(3) and Article 5, Section B(2).
(3) Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from
proposed structures.
SECTION H. STANDARDS FOR AREAS OF SHALLOW FLOODING (ZONE AH).
Located within the Special Flood Hazard Areas established in Article 3, Section B, are areas designated as shallow flooding
areas. These areas are subject to inundation by 1-percent-annual-chance shallow flooding (usually areas of ponding) where
average depths are one (1) to three (3) feet. Base Flood Elevations are derived from detailed hydraulic analyses are shown in
this zone. In addition to Article 5, Sections A and B, all new construction and substantial improvements shall meet the
following requirements:
(1)Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from
proposed structures.
ARTICLE 6. LEGAL STATUS PROVISIONS.
SECTION A. EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD DAMAGE
PREVENTION ORDINANCE.
This ordinance in part comes forward by re-enactment of some of the provisions of the flood damage prevention ordinance
enacted September 14 February 19, 1990 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 Person County enacted on September 14 February 18,
1990, as amended, which are not reenacted herein are repealed.
SECTION B. EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PERMITS.
Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or
any part thereof for which a floodplain development permit has been granted by the floodplain administrator or his or her
authorized agents before the time of passage of this ordinance; provided, however, that when construction is not begun under
such outstanding permit within a period of six (6) months subsequent to the date of issuance of the outstanding permit,
construction or use shall be in conformity with the provisions of this ordinance.
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July 3, 2007Revised ___________, 2019 25
SECTION C. SEVERABILITY
If any section, clause, sentence, or phrase of the Ordinance is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance.
SECTION DC. EFFECTIVE DATE.
This ordinance shall become effective upon adoption.
SECTION ED. ADOPTION CERTIFICATION.
I hereby certify that this is a true and correct copy of the Fflood Ddamage Pprevention Oordinance as adopted by the Board
of County Commissioners of Person County, North Carolina. This ordinance shall become effective upon adoption and
supersedes any previous versions of the ordinance.
, on the fourth day of June, 2007 and revised on this _____ day of ____________________, 2019..
Adopted, this, the ____ day of October 2019.
WITNESS my hand and the official seal of Person County, this the Fourth_______ day of June___________________,
200719.
David B. Newell, Chairman Date
Person County , Board of County Commissioners
Attested By:
Brenda B. Reaves, Clerk
Person County Board of Commissioners
30
31
32
TA‐02‐19
Staff Analysis
1
Text Amendment TA‐02‐19
Flood Damage Prevention Ordinance
EXPLANATION OF THE REQUEST
Petition TA‐02‐19 is a request by the Person County Planning Department staff to amend
Articles 1 – 6 of the Flood Damage Prevention Ordinance of Person County in order to comply
with state and federal regulations.
REQUESTED FLOOD DAMAGE PREVENTION ORDINANCE CHANGES
Please see that attached Flood Damage Prevention Ordinance. All proposed changes are in red.
PLANNING STAFF ANALYSIS
In June of this year, staff received a letter from FEMA (Federal Emergency Management
Agency) stating that minor changes needed to be made to the Flood Damage Prevention
Ordinance of Person County prior to the effective date of our newly revised FIRM (Flood
Insurance Rate Maps) maps on December 6, 2019. The NC Department of Public Safety – Risk
Management/Emergency Management Department provided staff with the written text to
incorporate into the Flood Damage Prevention Ordinance of Person County in order to comply
with the federal regulations.
Staff has been working with the planners at the NC Department of Public Safety to ensure that
all proposed changes met the specific guidelines required by FEMA. The revisions to the Flood
Damage Prevention Ordinance requested by the federal and state government are attached to
this staff report and the document has been reviewed by the state to ensure compliance with
federal guidelines.
If the proposed text amendment is not adopted by December 6, 2019, citizens in the county
who own property located within a floodplain will not be eligible to participate in National
Flood Insurance Program (NFIP) or purchase flood insurance.
PLANNING STAFF RECOMMENDATION
Planning Staff recommends approval of TA‐02‐19. The proposed text amendment has been
reviewed by the state and is compliant with all federal flood regulation guidelines.
PLANNING BOARD RECOMMENDATION
At the Planning Board meeting on September 12, 2019, the board voted unanimously (5‐0) to
recommend approval of TA‐02‐19 and included the Reasonableness and Consistency Statement
listed below in their approval.
33
TA‐02‐19
Staff Analysis
2
REASONABLENESS AND CONSISTENCY STATEMENT
The text amendment request is consistent with the Comprehensive Plan and future planning
goals of Person County. It is reasonable and in the public interest as it will provide clear and
concise regulations in the Flood Damage Prevention Ordinance and ensure Person County
remains compliant with federal guidelines and enable at‐risk properties to participate in the
National Flood Insurance Program.
Submitted by: Lori Oakley, Planning Director
34
Person CountyBoard of Commissioners MeetingOctober 7, 201935
Text AmendmentTA 02-1936
Text AmendmentTA-02-19 – Explanation of RequestPetition TA‐02‐19 is a request by the Person County Planning Department staffto amend Articles 1 – 6 of the Flood Damage Prevention Ordinance of PersonCounty in order to comply with state and federal regulations.37
Text AmendmentTA-02-19 – Planning Staff Analysis• June 2019 – FEMA requested changes to the Flood Damage Prevention Ordinance ofPerson County. These changes should be adopted prior to Dec. 6, 2019 in orderforthecounty to remain in the National Flood Insurance program.• Summer 2019 – Staff worked with planners from the NC Dept. of Public Safety–RiskManagement / Emergency Management Dept. to ensure compliance with federalguidelines.38
Text AmendmentTA-02-19 – Planning Staff RecommendationPlanning Staff recommends approval of TA‐02‐19. The proposed textamendment has been reviewed by the state and is compliant with all federalflood regulation guidelines.39
Text AmendmentTA-02-19 – Reasonableness and Consistency StatementThe text amendment request is consistent with the Comprehensive Plan and futureplanning goals of Person County. It is reasonable and in the public interestasitwillprovide clear and concise regulations in the Flood Damage Prevention Ordinance andensure Person County remains compliant with federal guidelines and enableat‐riskproperties to participate in the National Flood Insurance Program.40
Text AmendmentTA-02-19 – Planning Board RecommendationAt the Planning Board meeting on September 12, 2019, the board votedunanimously (5‐0) to recommend approval of TA‐02‐19 and included theReasonableness and Consistency Statement recommended by staff in theirapproval.41
Person CountyBoard of Commissioners MeetingOctober 7, 201942
September 23, 2019
1
PERSON COUNTY BOARD OF COMMISSIONERS SEPTEMBER 23, 2019
MEMBERS PRESENT OTHERS PRESENT
David B. Newell, Sr. Heidi York, County Manager
Gordon Powell C. Ronald Aycock, County Attorney
Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board
Kyle W. Puryear
B. Ray Jeffers
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, September 23, 2019 at 9:00am in the Commissioners’ meeting
room in the Person County Office Building.
Chairman Newell called the meeting to order and asked for a moment of silence in
memoriam for the passing of former Commissioner Samuel Kennington’s son.
Commissioner Powell offered an invocation and Commissioner Puryear led the group in
the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the
agenda.
RECOGNITION:
RESOLUTION OF APPRECIATION FOR COUNTY RETIREE DEBRA DUNN-
WILKINS:
Chairman Newell read and presented a Resolution of Appreciation to Person
County Retiree, Debra Dunn-Wilkins.
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September 23, 2019
2
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September 23, 2019
3
INFORMAL COMMENTS:
There were no comments from the public.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
Consent Agenda with the following items:
A.Approval of Minutes of September 9, 2019,
B.Budget Amendment #6, and
C.Budget Amendment Purchase Carryforwards
NEW BUSINESS:
PROPOSED FOURTH AMENDMENT SOLID WASTE CONTRACT WITH
REPUBLIC SERVICES:
County Attorney, Ron Aycock presented to the Board a proposed Fourth
Amendment to the County’s existing landfill contract with Republic Services. It
incorporates all of the changes negotiated by the County. Mr. Aycock explained the
original contract continues, subject to the changes contained in this amendment. The
agreed points are as follows:
Republic Services will provide an annual contribution of $100,000 to the County
for community development projects in collaboration with Republic, to benefit the
County and to highlight the partnership between the County and Republic.
Five-year extension of the term of the host agreement beyond the current expiration
date.
Fixed host fee of $2.75 for all municipal solid waste tonnage on which Republic
receives a tipping fee.
Republic Services will provide a $5,000 annual allowance for “free disposal” for
residents who drop off waste at the Landfill.
An easement for wireless monopoles and a one-time contribution of $30,000 for
the County’s broadband project.
Increase of Republic’s annual appropriation for litter management on local
highways to $24,000.
Republic will continue to contribute $25,000 for recycling support to the County.
Increase of the average maximum annual disposal rate to 780,000 tons per year.
Mr. Aycock said the Fourth Amendment provides that it will go into effect when
Republic receives the necessary approvals, certifications and enactments from the County
and also receives all of the necessary permits and approvals from the State of North
Carolina. The approvals, certifications and enactments from the County are three-fold:
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September 23, 2019
4
1- The approval of and execution of the Fourth Amendment;
2- Certification by the County that the site meets all the County planning rules (It does
so meet those rules since it is the very same site where the landfill is located);
3- The enactment of a Solid Waste Disposal Franchise Ordinance consistent with the
agreement. State law requires a public hearing on the above noted franchise after
a 30-day public notice, and adoption of the said ordinance at the second of two
regular board meetings. In order to comply with the 30-day notice requirement, the
earliest date the public hearing and first vote could be scheduled is at the November
4, 2019 Board meeting, with a final vote at the November 18, 2019 Board meeting.
Mr. Aycock noted the State of North Carolina must issue a permit for the operations
as agreed to. It is unclear whether the State will require an additional site study. The
County may be required to convene a public meeting on the state action at a later time.
Mr. Aycock provided staff recommendation to:
1- Approve the Fourth Amendment and authorize its execution.
2- Authorize county staff to execute any additional documents necessary to
proceed based on Board action including but not limited to provision of the
necessary planning certifications.
3- Set a public hearing for the Board’s November 4, 2019 meeting to hear public
comments on a Solid Waste Disposal Franchise Ordinance to effectuate the
Fourth Agreement, and to conduct the first vote on the Franchise Ordinance.
A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the
Fourth Amendment and authorize its execution, to authorize county staff to execute any
additional documents necessary to proceed including but not limited to provision of the
necessary planning certifications, and to set a public hearing for the Board’s November 4,
2019 meeting to hear public comments on a Solid Waste Disposal Franchise Ordinance.
Commissioner Powell advocated for any new revenue to be earmarked for
Education and Economic Development.
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September 23, 2019
5
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September 23, 2019
6
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7
49
September 23, 2019
8
50
September 23, 2019
9
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September 23, 2019
10
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September 23, 2019
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53
September 23, 2019
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September 23, 2019
13
RESOLUTION DECLARING TWO STRANDS OF FIBER SURPLUS PROPERTY
AND AUTHORIZING LEASE OF TWO STRANDS OF FIBER:
Information Technology Director, Chris Puryear presented a request the County
has received for the lease for two (2) strands of dark fiber to NC Wireless/RiverStreet
(GREAT Grant recipient). Mr. Puryear noted that NC Wireless has deployed broadband
service in remote areas of Person County the last two years and received positive feedback
from customers. Person County has invested approximately $250,000 in assisting NC
Wireless deploy broadband service off the Mt. Tirzah, Bethel Hill, Bushy Fork and
Woodland Towers. In addition, in May 2019, NC Wireless secured $560,000 in State
funding to expand its service in Person County to certain underserved areas.
Mr. Puryear stated the proposal was as follows:
20-year lease for an indefeasible right of use of two (2) strands of dark fiber,
$750 per strand mile (one-time), and
$175 per linear mile annual maintenance
The proposal represented a lease fee of $78,000 paid at the lease signing and then
an annual maintenance fee of $9,100 for the first five (5) years of the lease.
Per NCGS 160A-272 (a1): Property may be rented or leased only pursuant to a
resolution of the council authorizing the execution of the lease or rental agreement adopted
at a regular council meeting upon 30 days' public notice. Notice shall be given by
publication describing the property to be leased or rented, stating the annual rental or lease
payments, and announcing the council's intent to authorize the lease or rental at its next
regular meeting.
Mr. Puryear said staff recommended the Board to accept this offer and to adopt a
Resolution Declaring Two (2) Strands of Fiber Surplus Property and Authorizing Lease of
Two (2) Strands of Fiber with NC Wireless/RiverStreet thereby advertising the intent to
enter into a lease agreement per NCGS 160A-272 (a1) upon approval at the Board of
Commissioners’ meeting on November 4, 2019.
A motion was made by Commissioner Clayton and carried 5-0 to adopt a
Resolution Declaring Two (2) Strands of Fiber Surplus Property and Authorizing Lease of
Two (2) Strands of Fiber with NC Wireless/RiverStreet and to direct staff to advertise the
County’s intent to enter into a lease agreement.
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September 23, 2019
14
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September 23, 2019
15
ACTION TO RELOCATE THE BOARD OF COMMISSIONERS’ NOVEMBER 4,
2019 REGULARLY SCHEDULE MEETING TO THE COUNTY OFFICE
BUILDING AUDITORIUM:
Chairman Newell requested the Board’s consideration to add to the agenda to
relocate the Board’s regularly scheduled meeting on November 4, 2019 to be held in the
County Office Building Auditorium.
A motion was made by Chairman Newell and carried 5-0 to relocate the Board’s
regularly scheduled meeting on November 4, 2019 to be held in the County Office Building
Auditorium.
COMPREHENSIVE LAND USE PLAN STEERING COMMITTEE
APPOINTMENTS:
Planning Director, Lori Oakley stated the Land Use Plan Steering Committee is a
joint partnership for the county and city to update its Land Use Plan that is approximately
20 years old. Ms. Oakley said the Request for Proposals (RFP) to hire a consultant for the
project was released on September 6, 2019 and staff anticipated presenting those proposals
to the Board at one of the November board meetings.
Ms. Oakley said as a part of the process for updating the Land Use Plan, the county
and city planning staff recommended each jurisdiction to establish a joint Land Use Plan
Steering Committee to be comprised of ten (10) appointed individuals (5 from the city and
5 from the county). Of those five individuals for each jurisdiction, three will be citizen
representatives, one representative will be from the governing body and one representative
will be from each jurisdictions’ Planning Board.
Ms. Oakley noted an ad was published in the local newspaper on Aug. 17 and 21
soliciting interested citizens to serve on the committee; the ad was also posted to the
County’s Facebook page on Aug. 21 and to the City’s Facebook page on Aug. 22 as well
as the County’s webpage on Aug. 23.
Ms. Oakley reported that the County received seven applications and the City
received one application by the advertised deadline on Aug. 26.
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September 23, 2019
16
Interested citizen applications received to represent the County were:
(1)Margaret Bradsher (city resident) (Ms. Oakley noted staff recommendation was
to allow the City of Roxboro to nominate and appoint Ms. Bradsher),
(2)Glen Brent,
(3)Lacy Winstead, Jr., (Ms. Oakley stated Mr. Winstead withdrew his application
from consideration),
(4)Bruce Whitfield, (Ms. Oakley stated Mr. Whitfield withdrew his application from
consideration),
(5) Phillip Reams,
(6)James (Jamie) Daniel, II,
(7)C. Bernard Obie,
(8)Barry Foushee (Ms. Oakley stated Mr. Foushee’s application was received after
the advertised deadline).
Ms. Oakley noted that since each jurisdiction was looking to fill three (3) citizen
seats, the City chose to extend their deadline through the month of September to recruit for
the two remaining committee members.
Ms. Oakley said staff asked the Planning Board members at their August 8, 2019
Planning Board meeting who would be interested in serving on the Land Use Plan Steering
Committee. Robert Allen was the only Planning Board member who requested to be
appointed to the committee.
Lastly, Ms. Oakley requested that one Commissioner be appointed to serve on the
committee as well.
Ms. Oakley requested the Board to nominate and appoint three citizens from the
interested citizen applications, appoint Robert Allen as the Planning Board representative
and one Commissioner to serve on the Land Use Plan Steering Committee.
Chairman Newell made a motion to re-advertise to correlate with the City’s
deadline which he later withdrew prior to consideration.
A motion was made by Vice Chairman Jeffers and carried 5-0 to appoint C.
Bernard Obie to the Comprehensive Land Use Plan Steering Committee.
A motion was made by Commissioner Clayton and carried 5-0 to appoint Barry
Foushee to the Comprehensive Land Use Plan Steering Committee.
A motion was made by Commissioner Puryear and carried 5-0 to appoint James
Daniel, II to the Comprehensive Land Use Plan Steering Committee.
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September 23, 2019
17
A motion was made by Chairman Newell and carried 5-0 to appoint Robert Allen,
Planning Board representative to the Comprehensive Land Use Plan Steering Committee.
A motion was made by Commissioner Puryear and carried 5-0 to appoint
Commissioner Powell to serve on the Comprehensive Land Use Plan Steering Committee.
ANIMAL ADVISORY COMMITTEE APPOINTMENTS:
Clerk to the Board, Brenda Reaves presented the following for consideration of
appointment noting the Animal Advisory Committee has an unspecified term.
Deputy Heath Gill will replace Deputy Ben Massey as the Sheriff’s Department
representative.
Cathy Williams (citizen-at-large representative) resigned from the Animal
Advisory Committee in August and after advertisement on the county website the
following two citizens expressed interest to serve:
1)Cynthia Martin
2)Patti Byrd
A motion was made by Commissioner Puryear and carried 5-0 to appoint Deputy
Health Gill to serve as the Sheriff’s Department representative, and to appoint Cynthia
Martin as the citizen-at-large representative.
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September 23, 2019
18
CHAIRMAN’S REPORT:
Chairman Newell had no report.
MANAGER’S REPORT:
County Manager, Heidi York reported that she would be on conference call later
this date with the YMCA’s representative to discuss the County engaging with a consultant
to complete a feasibility study.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Jeffers commented that he desired to call-in for the Board’s October
7, 2019 regular scheduled meeting as he would be out of town.
Commissioner Clayton commented that he desired to call-in for the Board’s
October 21, 2019 regular scheduled meeting as he would be out of town.
There were no reports from Commissioners Puryear and Powell.
ADJOURNMENT:
A motion was made by Commissioner Puryear and carried 5-0 to adjourn the
meeting at 9:27am.
_____________________________ ______________________________
Brenda B. Reaves David B. Newell, Sr.
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
60
10/7/2019
Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
General Government 12,792
Public Safety 67,256
Transportation 21,840
Human Services 41,319
Environmental Protection 390
Economic and Physical Development (24,610)
Cultural and Recreation 4,017
Transfers to Other Funds 6,825
Contingency (125,210)
REVENUES General Fund
Other Revenues 29,619
Fund Balance Appropriation (25,000)
EXPENDITURES PI & MRF Fund
Community Rehab Prog Services 5,460
Material Recovery Facility 1,365
REVENUES PI & MRF Fund
Xfer from General Fund-PI 5,460
Xfer from General Fund-MRF 1,365
Explanation:
BUDGET AMENDMENT
Correct 9/23/19 carryforward budget amendment, in which the Economic Development grant from Duke was
mistakenly budgeted twice (-$25,000); receipt of unspent mental health funds from Cardinal Innovations
($29,545); transfer from Contingency/Insurance (-$125,210) the annual cost of vehicle insurance coverage
($125,210); receipt of donation towards DSS employee recognition event ($74).
BA-761
AGENDA ABSTRACT
Meeting Date: October 7, 2019
Agenda Title: Authorization for a Contract with FourSquare Research, Inc. for a Market
Study to Assess Opportunities for a Person County Branch of the Danville
YMCA
Summary of Information: During the Fiscal Year 2019-2020 budget process, the Board of
Commissioners funded a feasibility study in the amount of $24,000 to explore the possibility of
having a YMCA facility in Person County. This study is required by YMCA USA as an initial first
step in considering whether a community could support and sustain a YMCA facility. This summer
the YMCA USA approved the boundary expansion for the Danville Family YMCA to study the
possibility of creating a branch facility in Person County. FourSquare Research, Inc conducts the
feasibility studies for YMCA USA and has conducted close to 800 of such studies. The proposed
contract includes designing the survey tool, conducting focus group meetings, conducting 600
telephone interviews, an analysis of findings, and a presentation of the final written report. The
report will detail:
A projection of number of households that will join the new YMCA by membership category
The anticipated revenue generated from new annual memberships
Specific recommendations for facility amenities
Specific suggestions for facility development, programming and pricing
The study takes approximately two months to complete, with a proposed timeline included in the
contract. The total cost for the study will be $24,000; $22,000 in professional fees and $2,000 in
out-of-pocket expenses.
Recommended Action: Authorize the County Manager to execute a contract with FourSquare
Research, Inc for the YMCA Market Study.
Submitted By: Heidi York, County Manager
62
RESEARCH,INC.
Four Square
3577 Chamblee Tucker Road
Suite A225
Atlanta, Georgia 30341
Tel: 404-888-0530
Fax: 404-881-9860
info@foursquareresearch.com www.foursquareresearch.com
Submitted by
A Proposal for a FourSquare
Market Study
Assessing Opportunities for
A New Person County
Family YMCA
Presented to the
Danville Family YMCA
May 01, 2019
63
Market Research and Strategic Planning for Nonprofits Nationwide
Via Email
May 01, 2019
Sarah R. Folmar
Chief Executive Officer
Danville Family YMCA
215 Riverside Drive
Danville, Virginia 24540
Dear Sarah:
Thank you for your continued interest in FourSquare Research, Inc. Based on our
communications, I have developed a proposal for a FourSquare Market Study assessing
opportunities for a new Person County Family YMCA. Please find it enclosed for your review.
Having conducted close to 800 studies for YMCAs and nonprofit organizations throughout the
United States, we are known for our comprehensive methodology, accurate data, user‐friendly
reporting, and reliable track record.
The attached proposal outlines our experience, scope of work, research methodology, timeline,
references, bios of the project lead, and fees and schedule. If you have any questions, please
do not hesitate to contact me.
Thank you for your consideration. I welcome the opportunity to work with you again.
Respectfully submitted,
Li Li
Managing Partner
Enclosure
3631 Chamblee Tucker Road
Suite A225
Atlanta, Georgia 30341
Tel: 404-888-0530 Fax: 404-881-9860
www.foursquareresearch.com
64
FourSquare Research, Inc. 2
PROPOSAL
A FourSquare Market Study Assessing Opportunities for
A New Person County Family YMCA
EXECUTIVE SUMMARY
Services Provided
Externally, 600 telephone interviews completed with non‐YMCA households in the targeted
area applying scientific sample control
Digital, PDF file and 10 hard copies of the final reports (full color)
Two face‐to‐face meetings— startup discussion and final report presentation
Two conference calls—survey review and initial findings
Unlimited follow‐up services for questions and additional crosstab related to the study
Key Deliverables
Forecasted new full pay membership units and revenue with recommended facility features
pricing and program strategies for a new full‐service facility
Current awareness and perception of the YMCA
Demographic and psychographic profiles of prospective membership makeup, including
membership type, age, ethnicity, where they live, and preferred service approach, as
compared to those of current membership
Program interest of prospective members
Costs
$22,000 in professional fees and $2,000 in out‐of‐pocket expenses
Timeline
Typically, 60‐90 days from start to finish
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FourSquare Research, Inc. 3
COMPANY EXPERIENCE
We only work with nonprofit organizations. Having conducted over 800 studies for YMCAs and
nonprofits throughout the United States, the team at FourSquare Research, Inc. has more
experience with this type of project than any other market research team in the nation.
We specialize in nonprofit organizations and have worked with many YMCAs in North Carolina
communities including Greensboro, Raleigh, Charlotte, Lincolnton, Mooresville, Elizabeth City,
Nags Head, Salisbury, High Point, and Winston Salem.
Many of our projects involve YMCA facilities serving independent and/or rural communities.
Therefore we are very familiar with the dynamics of such projects.
Scope of Work
This study will answer the following specific questions:
Image of the YMCA
What is the overall level of awareness of the YMCA in the community?
What are specific images the Person County community has of the existing Danville YMCA in
Danville, VA?
Community Needs and Demand
How can the YMCA better meet community needs and serve the residents in Person
County?
What is the demand for a new YMCA in the community?
How many additional households will join a new Person County Family YMCA during the
first 12‐18 months after opening?
What is the potential in revenue generated from new membership units within the first 12‐
18 months of operation of a new Person County Family YMCA?
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FourSquare Research, Inc. 4
Location
How would prospective members perceive the proposed location of a new Person County
Family YMCA? Should additional locations be considered?
If multiple locations are available to be tested in the study, how can the YMCA balance the
membership potential of each location with other factors such as size, access, and donor
and partner preference?
Facility Features, Programming, and Member Services
Which configuration of facility features for a new YMCA will attract the highest number of
new membership units? These features could include, but are not limited to, the following:
a first‐class, comprehensive fitness area with a wide variety of cardiovascular and
muscle‐strengthening equipment that can be segmented according to the specific needs
of members;
an indoor multipurpose field house with versatile flooring and areas for a variety of
indoor sports and recreation activities as well as dividers and retractable hoops so it can
be used for different types of events;
aquatics facilities such as an indoor warm‐water pool for recreation, therapeutic
exercise, and instruction with water playground features, an indoor cool‐water pool for
lap swimming and swim teams;
multipurpose space with a kitchen for community meetings, wellness programs, weight
management classes, healthy cooking classes, and testing and screening for certain
health conditions;
first‐class aerobics, dance, and gymnastics studios;
an indoor climbing wall/tower;
activities for active older adults with fitness and recreation programs designed
specifically for them;
creatively‐designed spaces for childcare programs from infant care to preschool;
a fitness, recreation, and adventure center designed and programmed specifically for
youth and teen;
facilities for summer day camps, from traditional camp with crafts and swimming to
theme‐based camps like water sports camp and arts camp.
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FourSquare Research, Inc. 5
What types of traditional and new services should be offered to adults of all ages, ranging
from Zumba classes, cardiovascular, weight management, and exercise programs designed
specifically for women, to new aquatic‐based and land‐based orthopedic rehabilitation
services?
What types of childcare services should be offered for children? These could range from
preschool to before‐ and after‐school programs to summer camps with special themes.
What types of programs should be offered for active seniors? These could range from
fitness programs specifically designed for older adults to interest clubs such as books, cards,
and travel groups.
Marketplace and Pricing
What are the demographic and psychographic profiles of prospective members of a new
Person County Family YMCA?
What is the new Person County Family Y’s niche in the area?
What pricing policy would be appealing to prospective members? Does the current pricing
structure at the Danville Family YMCA work? Or should a new pricing structure such as
higher/lower price points or new membership categories be considered?
Partnerships
What opportunities for partnerships are present? Potential partners might include:
local public, private, and charter schools
hospitals
local municipalities and county governments
local economic development authorities
other nonprofit organizations
Social Impact
How can a new Person County Family YMCA make the community better and improve the
quality of life of the people living in it by identifying, targeting, and supporting Health‐
seekers? Health‐seekers include youth, adults, seniors, and families of all ages, who are
struggling to achieve and maintain healthy lifestyle.
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FourSquare Research, Inc. 6
STAKEHOLDERS AND AUDIENCES
The following stakeholders and audiences will be targeted and included in the study:
prospective members, who will be identified from households in the service area that
currently do not belong to a YMCA
senior staff of the Danville Family YMCA
key representatives of the Board of Directors of the YMCA and other community
representatives who are interested in expanded YMCA programs and services in the
area.
METHODOLOGY
We will answer these questions through both qualitative and quantitative research.
Qualitative Research
Step 1 The Consultant will conduct secondary research to conceptualize the needs,
determine the targeted survey boundaries, and audit providers of similar services.
Previous research and plans for the YMCA will be reviewed.
Step 2 The YMCA will designate a strategic planning team consisting of four to six members
to work with the Consultant. This team will meet with the Consultant on four
occasions:
as host for focus groups with staff, board members
and any potential partners (Step 3);
to review the proposed survey (Step 5);
to receive the study’s initial findings (Step 8);
as host for the presentation of the final report (Step 9).
Step 3 The Consultant will conduct focus group(s) with key board members and senior staff
of the YMCA.
Quantitative Research
Step 4 The Consultant will develop the survey instrument based on focus groups, market
audits, exploratory interviews, and national trends identified by the Consultant. The
Consultant will field‐test the instrument for the appropriateness of the questions,
the chronology, and the language.
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FourSquare Research, Inc. 7
Step 5 The Consultant will finalize the survey area and review the survey instrument with
the strategic planning team word‐by‐word, issue‐by‐issue as needed. While the
actual survey instrument remains proprietary to the Consultant, the design of the
survey will be unique to and approved by, the Client.
Step 6 The Consultant will conduct in‐depth telephone interviews with a total of 600
randomly selected households that currently do not belong to a YMCA and live in
the targeted survey area.
All demographic groups in the community are sampled, and forecasts are based only
on level of interest indicated by respondents. In the case of people who may not be
likely YMCA members (such as college students who have their own facilities), the
survey will either validate or disprove the assumption. Please note, based on the
Consultant’s experience, sometimes faculty and staff of the university may still
prefer a YMCA when the YMCA provides features and services that are not available
at the facility on campus.
The targeted survey area will be proposed by the Consultant using a census tract‐
based map and approved by the Client.
Please note, this is the number of interviews completed, not simply attempted.
Callbacks will be made until the desired number of interviews is completed. And
households with cell phone only will also be included in the random selection.
Quota systems are in place by census tract to ensure that the makeup of each
sample mirrors that of the total population. This also ensures all interviews are
conducted within specific geographic boundaries, that is, only in the service area of
the new YMCA. Interviews will be conducted with computer assistance throughout
the day and spreading over both weekdays and weekends.
Data Collection, Analysis, Interpretation and Presentation
Step 7 The Consultant will collect, tabulate, and analyze all findings.
Step 8 The Consultant will deliver the initial findings via conference call with the strategic
planning team and discuss the presentation of the final report.
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FourSquare Research, Inc. 8
Step 9 The Consultant will present the written final report in person. The report will include
an executive summary and answer the questions set forth in this proposal, including:
forecasted number of additional households that will join the new YMCA by
membership category;
anticipated revenue generated from new annual memberships;
specific recommendations for facility developments;
specific suggestions for facility development, programming, and pricing
strategies.
This process will provide findings with a 95% confidence level and a statistical error of plus or
minus 4.0%.
The sample size of 600 is recommended for non‐YMCA households. This allows the statistical
error of the results to stay below the national average penetration of a full facility YMCA, which
is about 4.5%. This further ensures the validity of the findings.
Please note that the survey instrument is intellectual property owned by FourSquare Research
and, as such, cannot be distributed outside the company under any circumstances. However,
the YMCA has full ownership of the study findings and the final report and can choose to
circulate it as desired.
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FourSquare Research, Inc. 9
WHY CHOOSE FOURSQUARE RESEARCH?
We’re accurate – We honor the laws of statistics, market research, and business
planning. Because our methodology employs both quantitative and qualitative
research, there is no guesswork involved.
We’re professional and do all the work ourselves – Our in‐house staff completes all
aspects of the study; we use no subcontractors or outsourced call centers, giving us
total control over the entire process and ensuring the utmost quality.
We understand nonprofits – We have unparalleled expertise in working with
nonprofit organizations; our staff has over 50 years combined nonprofit experience.
We understand the unique challenges facing nonprofits and are able to help interpret
study results and provide specific recommendations on programming, pricing, facility
size, and key features required for optimal growth.
We’re reliable – Our research findings and strategic recommendations have withstood
the test of time. Our clients have invested over a billion dollars based on our
recommendations: not one client has ever reported our findings in error.
We’re the most experienced – Having conducted over 800 studies for YMCAs
nationwide, we have more experience with this type of research than any other
market research team in the nation.
We’re unbiased – We specialize in market feasibility studies for nonprofits and, by
choice, do not provide any other services such as fundraising studies, marketing
campaign implementation, and computer services. This allows us to provide unbiased
interpretation of the data, regardless of good or bad news, and avoid any potential
conflict of interest.
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FourSquare Research, Inc. 10
SCHEDULE
Typically, this type of project takes two months to complete. Please see the Appendix A for a
proposed implementation timeline.
COSTS
The total cost for the study will be $24,000; $22,000 in professional fees and $2,000 in out‐of‐
pocket expenses.
In addition to items outlined in the Scope of Work, the cost also includes the following:
current and projected population trends and household characteristics by census tract
current membership analysis by census tract
ten (10) bound copies of the final report, as well as an Adobe Acrobat file of the report
raw data and cross‐tabulation table files in electronic form (SPSS)
necessary follow‐up analysis and phone consultations after the final report is delivered
In accordance with our payment procedure, 50% of the fee is due at the inception of the
project. Another 25% is due upon delivery of initial findings. The remaining 25% will be billed in
the final invoice when the final report is delivered. Payment is due upon receipt of invoice. A
1% per month finance charge is added to overdue accounts.
Approved by
__________________________________ _______________________
Danville Family YMCA Date
__________________________________ _______________________
Person County Government Date
By signing, this document will serve as the contract for both parties.
73
FourSquare Research, Inc. 11 APPENDIX A: PROPOSED IMPLEMENTATION TIMELINE The following table shows the proposed timeline of each step as outlined in the proposal, starting the project early July. Step Tasks Client Involvement Data Needed from Client Proposed TimeFees & Expenses 1 Secondary research Planning Committee Project Summary 2 weeks 50% 2 Schedule startup focus groups Invite and schedule focus group with YMCA representatives, community leaders, and any potential partners None 3 Official startup visit & focus groups (face‐to‐face meeting) Planning Committee and focus group participants None Early July 4 Survey design Provide program prices and other related details for survey design Program prices 2 weeks 5 Survey review meeting (via conference call) Planning Committee reviews and approves the survey questionnaire and survey area None Mid‐July 6 600 telephone interviews None None 2 weeks 7 Data tally and analysis None None 1 week 8 Initial findings via conference call Planning Committee None Early August 25% 9 Final report (face‐to‐face meeting) Planning Committee, focus group participants and other community leaders None Late August 25% 74
8
3631 Chamblee Tucker Road, Suite A225
Atlanta, Georgia 30341404-888-0530 1-800-683-8075www.foursquareresearch.com
FourSquare \ adj. \ marked by
boldness and conviction: forthright:
free from ambiguity and evasiveness:
straight to the point
Every FourSquare Market Study is
rich in valuable data.
Scientific research plus clear
analysis equals recommendations
that work.
�������������
����������
75
AGENDA ABSTRACT
Meeting Date: October 7, 2019
Agenda Title: Approval of Contract for Energov Project Oversight Consultant Services
Summary of Information: The county is beginning to implement the Energov permitting
software system for our development services group, as approved in the FY20 CIP. This is a huge
undertaking for our staff. Energov recommends having a full-time project manager for a smooth
and successful implementation. Due to an increase in workloads and being short staffed in these
departments, there is a need for an experienced project oversight consultant to help the
implementation teams with communication, change management, risk identification and
mitigation, testing, training, and go-live readiness assessment. A proposal was received from
BerryDunn, a management consulting firm who has assisted with Energov implementation in
eleven municipalities and counties, including the City of Wilmington. The total cost of the project
oversight contract is $107,856, which includes travel costs for on-site meetings and assistance over
the next twelve months. Funding for this contract is already available in the CIP.
Recommended Action: Approve project oversight consulting contract and authorize County
Manager to enter into a contract with BerryDunn for these services.
Submitted By: Laura Jensen, Interim Assistant County Manager
76
1
AGREEMENT BETWEEN PERSON COUNTY AND
BERRY DUNN MCNEIL & PARKER, LLC dba BERRYDUNN
This AGREEMENT, made and entered into this, the _____ day of September, 2019, by and
between the Person County, a State of North Carolina County, whose location is 304 S. Morgan
Street, Room 219 Roxboro, NC 27573, hereinafter referred to as the “COUNTY,” party of the first
part, and Berry Dunn McNeil & Parker, LLC dba BerryDunn, with an office located at 100 Middle
Street, Portland, ME 04101, hereinafter referred to as the “CONSULTANT,” party of the second
part.
WITNESSETH: That the CONSULTANT does hereby agree with the COUNTY for the
consideration named herein, to perform the services stipulated in this AGREEMENT.
1. CONSULTANT’S SERVICES
A.The CONSULTANT, on behalf of the COUNTY, shall perform and carry out in a professional
manner components essential for a “Project Management and Project Oversight assistance.”
B.The Scope of Work shall be defined by the CONSULTANT’S Proposal dated September 20,
2019 incorporated herein by reference.
C. Compensation for work provided by CONSULTANT will be as follows:
Table 1: Costs for Project Oversight
Services Cost
Project Initiation – 60 hours
Develop Project Initiation Documents
Conduct Stakeholder Orientation Meetings
$12,300
Ongoing Project Oversight – 420 hours (average of 35 hours per month for
12 months)
Ongoing Project Oversight Assistance
Implementation Project Plan Review
Go-live Readiness Assessment
UAT Assistance
Training Oversight
$86,100
Project Oversight Total (480 Hours) $98,400
77
2
In Table 2, we have provided a per-trip travel expense estimates total to assist the County in
planning for travel expenses. Expenses will be billed to the County on a monthly basis, as
incurred.
Table 2: Travel Expenses
Expense Category Price Units per Trip Total
Airfare $400 1 ticket $400
Hotel $94 3 nights $282
Rental car $70 4 days $280
Per diem $55 4 days $220
Estimated cost per person, per on-site trip (assumes average of 3 days on-site) $1,182
Project Oversight estimated total travel costs (assumes 8 trips) $9,456
2. THE COUNTY SHALL PROVIDE
A. Access to pertinent information and available data requested by the CONSULTANT.
B. Certain assumptions that may be necessary to the CONSULTANT.
C. Attendance and participation at all scheduled meetings and work sessions.
D. Timely review of draft and preliminary materials submitted by the CONSULTANT.
3. DOCUMENTS
All documents and services provided by the CONSULTANT pursuant to this AGREEMENT are
instruments of service with respect to this project. Upon receipt of payment for services due the
CONSULTANT’S, documents and material developed by the CONSULTANT under this
AGREEMENT are the property of the COUNTY. The COUNTY shall have the right to re-use
documents and computer software on extensions of the project or for other projects; such re-use
shall be at the COUNTY’S sole risk and without liability or legal exposure to the CONSULTANT.
4. NONDISCLOSURE OF PROPRIETARY INFORMATION
The CONSULTANT shall consider all information provided by the COUNTY and all reports,
studies, and other documents resulting from the CONSULTANT’S performance of this service to
be proprietary unless such information is available from public sources. The CONSULTANT shall
not publish or disclose proprietary information for any purpose other than the performance of the
services without the prior written authorization of the COUNTY or in response to legal process.
The CONSULTANT shall maintain all originals in the CONSULTANT’S files for a period of not
less than seven years from the final report and shall provide the COUNTY access to and the right
to examine and copy information contained in the files pertaining to the services. The rights of
access, examination, and copying thereunder shall continue until any litigation, appeals, claims,
or arbitration shall have been finally disposed of.
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5. CHANGES AND ADDITIONS
A.It shall be the responsibility of the CONSULTANT to notify the COUNTY, in writing, of any
necessary modifications or additions in the Scope of this AGREEMENT. Compensation for
changes or additions in the Scope of this AGREEMENT will be negotiated and approved by the
COUNTY and CONSULTANT in writing.
B.It is understood and agreed to by both the COUNTY and the CONSULTANT that such
modifications or additions to this AGREEMENT shall be made only by the full execution of the
CONSULTANT’S standard contract change order form.
6. ADDITIONAL SERVICES
The COUNTY, at its discretion, may request additional services. When requested by the
COUNTY, in writing, the CONSULTANT may perform additional services, associated with this
project, which are outside the original scope of services. Compensation for these additional
services will be based on current billing rates plus reasonable travel expenses. The COUNTY
shall approve the scope, number of hours, and fee schedule for such services with the
CONSULTANT before any additional work commences.
7. NOTICE
Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be
deemed properly made if personally delivered in writing or deposited in the United States mail,
postage prepaid, to the representative specified below or as otherwise designated in writing and
mutually agreed. However, any notice of suspension or termination pursuant to paragraph 9
hereof, if mailed, shall be sent by United States certified mail, postage prepaid, return receipt
requested and shall not become effective until the date of receipt. Nothing contained in this Article
shall be construed to restrict the transmission or routine communications between representatives
of the CONSULTANT and the COUNTY.
A.The COUNTY’S Representative’s will be the “Interim Assistant County Manager”, as otherwise
designated in writing: Ms. Laura Jensen, Interim Assistant County Manager, 304 S. Morgan
Street, Room 219 Roxboro, NC 27573
B.The CONSULTANT’S Representative shall be Charles Snow, Principal, or as otherwise
designated in writing and accepted by the COUNTY in writing: Nothing contained in this Article
shall be construed to restrict the transmission or routine communications between
representative(s) of the CONSULTANT and the COUNTY.
8. MANNER OF PAYMENT
A.The CONSULTANT shall furnish the COUNTY with timely progress invoices each month for
services rendered to date for each project phase. The terms of payment will be net thirty (30)
days.
B. Late payment charge can be assessed at the rate of one percent (1%) per month for any past
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due payments.
C. Should any statement be the subject of a legitimate dispute between the parties, no late
payment charge shall apply to any amounts not paid by the COUNTY because of said dispute;
COUNTY shall pay all amounts not reasonably deemed to be included in the dispute.
9. TERMINATION OR SUSPENSION OF CONTRACT
A. The obligation to continue services under this AGREEMENT may be terminated by either party
upon written notice in the event of substantial failure by the other party to perform in accordance
with the terms hereof through no fault of the terminating party; provided, however, that the
terminating party has first given the other party written notice of the reason for such termination
and the other party has failed to cure or rectify the issue or matter within fifteen(15) days of receipt
of such notice.
B. In the event the COUNTY terminates the CONSULTANT’S services as permitted under Section
9.A of this AGREEMENT, the COUNTY shall pay the CONSULTANT for all services performed
to the effective date of termination. The CONSULTANT shall be entitled to receive only the fair
value of services rendered and direct out of pocket expenses incurred hereunder prior to the
effective date of such termination. Upon restart of a project previously terminated, equitable
adjustment may be made to compensation for remobilization of the project.
10. ASSIGNMENT
Neither the COUNTY nor the CONSULTANT shall assign or transfer their rights or obligations in
the AGREEMENT without consent of the other; such consent shall not be unreasonably withheld.
11. INSURANCE AND INDEMNITY
The CONSULTANT shall purchase and maintain insurance coverage. Insurances shall cover all
employees while performing any work incidental to the performance of the agreement between
the COUNTY and the CONSULTANT.
12. ETHICS IN PUBLIC CONTRACTING
The CONSULTANT certifies that its proposal is made without collusion or fraud and that
CONSULTANT has not offered or received any kickbacks or inducements from any other
contractor, supplier, manufacturer or subcontractor in connection with CONSULTANT’S proposal,
and that CONSULTANT has not conferred with any public employee having official responsibility
for this procurement transaction nor has CONSULTANT received any payment, loan,
subscription, advance, deposit of money, services or anything of more than nominal value,
present or promised, unless consideration of substantially equal or greater value was exchanged.
13. SEVERABILITY
If any part, term, or provision of this AGREEMENT shall be found by the Court to be legally invalid
or unenforceable, then such provision or portion thereof, shall be performed in accordance with
applicable laws to the extent possible. The invalidity or unenforceability of any provision or
portion of this AGREEMENT or any contract document shall not affect the validity of any other
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provision or portion of this AGREEMENT or any contract document.
14. AGREEMENT CONSTRUED UNDER MAINE LAWS
The AGREEMENT is deemed to be executed and performed in the State of Maine and shall be
construed in accordance with the laws of Maine.
15. ENTIRE UNDERSTANDING
This AGREEMENT comprises the entire understanding between the parties and cannot be
modified, altered or amended, except in writing and signed by all parties.
IN WITNESS WHEREOF, the parties hereto have executed and sealed this AGREEMENT as of
the day and year first above written.
PERSON COUNTY BERRY, DUNN, MCNEIL &
PARKER, LLC dba
BERRYDUNN
BY: ____________________________ BY: _________________________
Heidi York, Person County Manager Charles Snow, Principal
ATTEST: ATTEST:
BY: ______________________________ BY: _________________________
Dated: ___________________________ Dated: _______________________
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AGENDA ABSTRACT
Meeting Date: October 7, 2019
Agenda Title: PATS Transportation for Mental Health Community Outreach Program
Summary of Information: In FY20, Person County provided funding for a qualified mental
health professional to provide case management services to Person County inmates upon release
through Freedom House Recovery Center. This professional identified transportation as a barrier
for clients to make and attend health appointments, and asked if the county would provide one-
time funding in FY20 for these clients. The estimated cost of providing transportation is $10,000.
Funds for this program are already available in the Mental Health budget.
Recommended Action: Approve funding for providing PATS transportation to the clients of the
Mental Health Community Outreach Program.
Submitted By: Laura Jensen, Interim Assistant County Manager
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