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A. General

In all Special Flood Hazard Areas and Future Conditions Flood Hazard Areas the following provisions are required:

1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure;

2. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;

3. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damages;

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. These include but are not limited to HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric meter panels/boxes, utility/cable boxes, appliances (i.e., washers, dryers, refrigerator, etc.), hot water heaters, electric outlets/switches;

5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;

7. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;

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; and

9. New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted. 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 can 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 according to the certification requirements in Sec. 3.21, Floodplain Development Permit.

10. Fill material shall be used for all new construction and substantial improvements to create an elevation that is two feet above base flood elevation or future conditions flood elevation, except as otherwise authorized pursuant to paragraph 8.4.4, Development in Special Flood Hazard Areas and Future Conditions Flood Hazard Areas. The fill material shall be required to extend for a distance of 40 feet from the exterior walls of a building. Where the distance to the property line is less than 40 feet, the fill shall extend to the property line. The required fill material distance shall include a sloped edge with a maximum 3:1 slope [for example, for a fill three feet deep: 31 feet of flat fill plus nine feet of sloped fill] or a retaining wall in lieu of the slope [for example, a side yard of flat fill and a retaining wall]. Residential accessory structures which are defined as nonhabitable structures by the North Carolina Building Code are exempt from requirements to extend the fill material away from the base but are required to be placed on fill which is two feet, or five feet in Zone A, above base flood elevation. Exceptions from any of these requirements resulting from special storm water considerations shall be forwarded to the approving authority if other than the Floodplain Administrator, with a recommendation from the Floodplain Administrator.

11. 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 or non-encroachment area, provided there is no additional encroachment below the Regulatory Flood Protection Elevation in the floodway or non-encroachment area, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this ordinance.

12. 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.

13. 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 (BFE) shall apply.

B. Specific Standards

In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data has been provided and in Future Conditions Flood Hazard Areas where future conditions flood elevations data has been provided, as set forth in paragraph 8.4.2, Applicability, or paragraph 3.21.2B (11 and 12), Duties and Responsibilities, the following provisions are required:

1. Subdivisions

a. Land in the Special Flood Hazard Areas and Future Conditions Flood Hazard Areas can be used for the following purposes, provided that such uses are designed and constructed to minimize clearing, grading, erosion and water quality degradation and are in compliance with the Sec. 8.4, Floodplain and Flood Damage Protection Standards. Land within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas shall not serve to meet minimum lot size requirements, except in the Rural Tier and on property zoned RR or RS-20 in the Suburban Tier where at least 50% of the required lot area is located outside the floodway or non-encroachment area or floodway fringe.

b. When permitted, development proposals located within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas shall:

(1) be consistent with the need to minimize flood damage;

(2) have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

(3) have adequate drainage provided to reduce exposure to flood hazards; and,

(4) have Base Flood Elevation (BFE) data provided if development is greater than the lesser of five (5) acres or fifty (50) lots/manufactured home sites. Such Base Flood Elevation (BFE) data shall be adopted by reference per paragraph 8.4.2, Applicability, to be utilized in implementing this code.

2. Residential Construction

New construction or 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.

3. Non-Residential Construction

New construction or substantial improvement of any commercial, industrial (other than hazardous, solid waste, salvage yards, chemical storage facilities or similar uses which are prohibited) or other non-residential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation. Structures located in AE and X (Future) Zones can be floodproofed to the regulatory flood protection elevation in lieu of elevation provided that all areas of the structure below the required 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. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in the certification requirements in Sec. 3.21, Floodplain Development Permit.

4. Manufactured Homes

a. New or replacement manufactured homes shall be elevated so that the reference level of the manufactured home is no lower than the regulatory flood protection elevation.

b. Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement in accordance with the State of North Carolina Regulations for Manufactured/Mobile Homes, 1995 Edition, and any revision thereto adopted by the Commissioner of Insurance pursuant to NCGS §143-143.15 or a certified engineered foundation. 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 other foundation elements of at least equivalent strength. When the elevation of the chassis is above thirty-six (36) inches in height, an engineering certification is required.

c. All foundation enclosures or skirting shall be in accordance with paragraph 8.4.3B.5, Elevated Buildings.

d. All new, substantially improved or substantially damaged manufactured home parks or subdivisions located within Special Flood Hazard Areas or Future Conditions Flood Hazard Areas shall prepare an evacuation plan for evacuation of all residents. The plan shall be filed with the Floodplain Administrator and the Emergency Management Coordinator prior to the time of site plan approval, plat approval, or building permit, if site plans or plats are not required.

e. Manufactured homes, except replacement manufactured homes located in an existing manufactured home park or subdivision, shall not be permitted in the floodway or non-encroachment area. Permitted manufactured homes shall be subject to the non-encroachment standards of paragraph 8.4.3E, Floodway and Non-Encroachment Areas.

5. Elevated Buildings

New construction or substantial improvements of elevated buildings that include fully enclosed areas that are below the regulatory flood protection elevation shall not be designed to be used for human habitation, but shall be designed to be used only for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises, be constructed entirely of flood resistant materials below the regulatory flood protection level in Zone AE and X Zone (Future) and meet the following design criteria:

a. Measures for complying with this requirement shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. To meet this requirement, the foundation must either be certified by a professional engineer or architect or meet the following minimum design criteria:

(1) Provide a minimum of two openings on different sides of each enclosed area subject to flooding.

(2) The total net area of all openings must be at least one (1) square inch for each square foot of each enclosed area subject to flooding.

(3) If a building has more than one enclosed area, each area must have openings on exterior walls to allow floodwater to directly enter;

(4) The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade; and

(5) Openings can be equipped with screens, louvers, or other opening coverings or devices provided they permit the automatic flow of floodwaters in both directions. For purposes of this provision, vinyl or sheet metal skirting shall not be considered an enclosure for regulatory and flood insurance rating purposes and therefore shall not require hydrostatic openings.

b. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). The interior portion of such enclosed area shall not be partitioned or finished into separate rooms, except to enclose storage areas.

6. Additions/Improvements

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:

(1) 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; or

(2) a substantial improvement, 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 shall require only the addition to comply with the standards for new construction.

c. Additions and/or improvements to post-FIRM structures whereas the addition and/or improvements in combination with any interior modifications to the existing structure are:

(1) not a substantial improvement, the addition and/or improvements only must comply with the standards for new construction; or

(2) a substantial improvement, the existing structure and the addition and/or improvements must comply with the standards for new construction.

d. Where a fire wall or independent perimeter load-bearing wall is provided between the addition and the existing building, the addition(s) shall be considered a separate building and only the addition must comply with the standards for new construction.

7. Recreational Vehicles

Recreational vehicles shall not be located within Special Flood Hazard Areas or Future Conditions Flood Hazard Areas for 180 days or more and shall be licensed and ready for highway use (on wheels attached to a site by quick-disconnect type utilities with no permanently attached additions). Recreational vehicles not meeting these standards shall meet the standards of manufactured homes above.

8. Temporary Structures

Prior to the issuance of a floodplain development permit for a temporary structure, Applicants must submit to the Floodplain Administrator a written plan for the removal of such structure(s) in the event of a hurricane or flash flood warning notification. The plan must include the following information:

a. a proposed time period for which the temporary use will be permitted;

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 a trucking company to ensure the availability of removal equipment when needed; and

e. designation, accompanied by documentation, of a location outside the Special Flood Hazard Area or Future Conditions Flood Hazard Area to which the temporary structure will be moved.

9. Accessory Structures

When accessory structures (sheds, detached garages, etc.) are to be placed within a Special Flood Hazard Area or Future Conditions Flood Hazard Area, the following criteria shall be met:

a. Accessory structures shall not be used for human habitation (including work, sleeping, living, cooking or restroom areas);

b. Accessory structures shall be designed to have low flood damage potential;

c. Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;

d. Accessory structures shall be firmly anchored in accordance with paragraph 8.4.3, General;

e. All service facilities such as electrical and heating equipment shall be installed in accordance with paragraph 8.4.3, Specific Standards;

f. Openings to relieve hydrostatic pressure during a flood shall be provided below regulatory flood protection elevation in conformance with elevated building requirements in paragraph 8.4.3, Standards; and

g. An accessory structure with a footprint less than 150 square feet does not require an elevation or floodproofing certificate. Elevation or floodproofing certifications are required for all other accessory structures in accordance with the certification requirements in Sec. 3.21, Floodplain Development Permit.

C. Floodplains without Base Flood Elevations

Within the Special Flood Hazard Areas established in paragraph 8.4.2, Applicability, where no Base Flood Elevation (BFE) data has been provided, the following provisions shall apply:

1. No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of 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 one of the following criteria set in priority order:

a. If 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 paragraph 3.21.2B (11&12).

b. All subdivision, manufactured home park and other development proposals shall provide Base Flood Elevation (BFE) data if development is greater than five acres or has more than 50 lots/manufactured home sites. Such Base Flood Elevation (BFE) data shall be adopted by reference per paragraph 8.4.2, Standards, to be utilized in implementing this ordinance. A Letter of Map Revision (LOMR) shall be required prior to the approval of construction drawings for development requiring BFE data to be provided.

c. 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 to or above five feet above the highest adjacent grade.

D. Floodplains with Base Flood Elevations but no Established Floodway or Non-Encroachment Areas

Along rivers and streams where Base Flood Elevation (BFE) data is provided but neither floodway nor non-encroachment areas are identified for a Special Flood Hazard Area on the FIRM or in the FIS, 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 foot at any point within the community.

E. Floodway and Non-Encroachment Areas

Located within the Special Flood Hazard Areas established in paragraph 8.4.2, Applicability, are areas designated as floodways or non-encroachment areas, which are extremely hazardous due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. In such areas no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless the Federal Emergency Management Agency (FEMA) authorizes conditional approval of the proposed encroachment via a Conditional Letter of Map Revision (CLOMR) or a professional engineer registered in the State of North Carolina certifies that such uses will result in no increases in flood levels during the occurrence of a base flood, as demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice if required by the Floodplain Administrator.

F. Standards for Areas of Shallow Flooding (Zone AO)

Located within the Special Flood Hazard Areas established in paragraph 8.4.2, Applicability, 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 the general standards in 8.4.3A, 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 two feet, above the highest adjacent grade; or at least five 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 paragraph 8.4.3F.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 as per paragraph 3.21.6, Certification Requirements, and paragraph 8.4.3B.3, Non-Residential Construction.

3. Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from proposed structures.