Town of Nags Head

Planning and DevelopmentPost Office Box 99Telephone 252-441-7016

DepartmentNags Head, North Carolina27959FAX 252-441-4290

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MEMORANDUM

TO:Board of Commissioners

FROM:Planning and Development Staff

DATE:November 21April 26, 20022003

SUBJECT:Large Structures – Alternative Height Proposal

The height amendments that are part of the Large Structures ordinance proposal were modified as a result of suggestions from the April 10, 2003 Large Structures Workshop. These modifications allow a two-foot exemption from the height measurement of a structurewhere fill has been used above the base flood elevation.

Initially, the Height height definition in the Large Structures proposal was revised so that in cases where fill has been used and the height of the fill exceeds BFE, height will be measured from BFE. This revision was included by Staff to discourage the use of fill above the base flood elevation to ‘mound’ lots.

In Staff’s opinion, the new proposal would encourage the mounding of lots above the base flood elevation, which increases run-off and ponding of stormwater onto adjacent lots and the public right-of-way. Additionally, the new proposal conflicts with the intent of the Community Rating System (CRS), which, through the use of an incentive program, discourages the use of fill material in the floodplain. The Community Rating System Coordinator’s Manual cites that “although a building built on fill and elevated above the base flood elevation meets the NFIP rules, filling a substantial portion of the floodplain reduces storage for flood water and tends to increase peak flows downstream.” Although CRS points could only be obtained if fill were prohibited in the floodplain (rather than discouraged above base flood) or if compensatory storage is required, it is Staff’s opinion that the use of fill to exceed the base flood elevation is a common practice that is creating a number of drainage problems.

Staff understands the need for property owners to eliminate standing water from the base of their homes. Therefore, we would like to present an alternative proposal. Rather than exempt the first two feet of fill above the base flood elevation, Staff would propose to exempt the first two feet of a structure that is on pilings or short pilings. This would allow the property owner to build the same three-story structure without creating or worsening stormwaterimpacts to adjacent property. The Staff proposal is included on the following page.

AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE TOWN OF NAGS HEAD, NORTH CAROLINA

BE IT ORDAINED by the Board of Commissioners of the Town of Nags Head, North Carolina, that the Code of Ordinances shall be amended as follows:

PART I.That Section 22-153 Definition of Specific Words and Terms be amended to read as follows:

HEIGHT. The vertical distance measured from the tallest part of a building to the finished grade or average finished grade at the base of the building. In cases where the finished grade varies at the corners of a building and where fill has not been used to elevate the building, the height shall be determined by using the average finished grade at the corners of the building. In cases where the finished grade does not vary at the corners of the building, height will be measured from the lowest ground elevation at the base of the building (typically, the top elevation of the driveway or ground floor concrete slab). Where fill has been used to elevate a building, averaging will not be allowed and height will be measured to the lowest ground elevation at the base of the building (typically, the top elevation of the driveway or ground floor concrete slab). The use of fill and bulkheads cannot be used to decrease height. See section 22-111 for buildings excluded from height limitations.

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Special flood zone regulations. In any A or V special flood hazard area, height will be measured from either the finished grade or average finished grade as follows:

  1. In cases where BFE is higher than the finished grade or average finished grade, height will be measured from BFE.

2.Where the finished grade or average finished grade is greater than BFE, and where fill has not been used, height shall be measured from the finished grade or average finished grade

1.whichever is applicable. In cases where BFE is higher than the finished grade or average finished grade, height will be measured from BFE.

3.In cases where structures are elevated on pilings above BFE, only the first (2) feet of pilings above BFE shall be used inexempt when determining height.

PART II.All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

PART IIIThis ordinance shall be in full force and effect from and after the ____ day of ______, 2003.

Robert W. Muller, Mayor

ATTEST:

Town Clerk

APPROVED AS TO FORM:

Town Attorney

Date adopted:

Motion to adopt by Commissioner

Motion seconded by Commissioner

Vote:AYESNAYS

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