8.4.4 Development in Special Flood Hazard Areas and Future Conditions Flood Hazard Areas

1. Development and land disturbing activity within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas shall be prohibited, except as provided below.

2. The Floodplain Administrator and the Board of Adjustment, as applicable, shall not approve development that is located below the regulatory flood protection elevation if such development is otherwise required to be located at or above the regulatory flood protection elevation or is not permitted within the Special Flood Hazard Areas or Future Conditions Flood Hazard Areas.

3. Development addressed under paragraph 8.4.3C, Floodplains without Base Flood Elevations, and paragraph 8.4.3D, Floodplains with Base Flood Elevations but no Established Floodway or Non-Encroachment Areas, shall be deemed floodway development for purposes of this section.

Land can be used for the following purposes, with no special approvals required:

1. Agricultural uses, including active agriculture, pasture forestry, wildlife sanctuary, game farms, and similar uses; and

2. Lawns and gardens.

The following shall only require Floodplain Administrator approval in association with any applicable site plan, plat, construction drawings, or building permit approval.

1. Development of, or substantial improvements to, a single-family or duplex structure, and associated site improvements such as accessory structures, driveways, walkways, and utility crossings, on a single lot of record recorded on or before January 1, 2006, or recorded prior to being mapped in the floodway fringe, non-encroachment area fringe, or Areas of Shallow Flooding (Zone AO). Such projects can utilize fill, pursuant to a floodplain development permit per Sec. 3.21, Floodplain Development Permit, in the floodway fringe, non-encroachment area fringe, or Zone AO.

2. Floodproofing or elevation by design in lieu of required fill for new construction or substantial improvements on lots of record that were recorded on or before January 1, 2006, pursuant to a floodplain development permit issued under Sec. 3.21, Floodplain Development Permit. If the Floodplain Administrator approves floodproofed or elevated-by-design construction or improvements rather than use of fill in Zone AE or Zone X (Future), the approval shall specify the minimum foundation opening requirements and limitations on below-BFE enclosures uses, if applicable.

3. Development with a valid site plan or preliminary plat approval prior to the most recent and applicable Flood Insurance Rate Map(s) (FIRM) for Durham County. This shall also include any necessary site plan or preliminary plat amendment that is a result of the impacts of the FIRM.

4. The following uses, with the ability to utilize fill in support of the use:

a. Parks, playgrounds, trails, ballfields, and other similar recreational facilities.

b. Constructed or restored wetlands or riparian buffers for mitigation.

c. Utility crossings to connect to existing facilities where it is the most direct connection, as specified by the Public Works Director, or designee. Crossings shall be perpendicular from the facility to the connection, with an allowable 15 degree variation. A non-perpendicular route shall be used if it is demonstrated to cause less disturbance than the perpendicular route.

d. Crossings by streets, driveways, pedestrian walkways, and railroads where no other option is available. Crossings shall be perpendicular from the facility to the connection, with an allowable 15 degree variation. A non-perpendicular route shall be used if it is demonstrated to cause less disturbance than the perpendicular route.

e. Level spreaders and vegetative filter strip stormwater runoff devices.

The following shall require approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permits, including the review factors in paragraph 3.9.8C, Additional Review Factors for Development in Special Flood Hazard Areas and Future Conditions Flood Hazard Areas.

Any fill or development (e.g., parking or floodproofing or elevation by design) in the floodway fringe, non-encroachment area fringe, Future Conditions Flood Hazard Areas, or Areas of Shallow Flooding (Zone AO) that is not under the approval authority of the Floodplain Administrator pursuant to paragraph 8.4.4B, Development Requiring Floodplain Administrator Approval.

a. Uses listed below and located in the floodway or non-encroachment area that do not qualify for Floodplain Administrator approval pursuant to paragraph 8.4.4C, Development Requiring Floodplain Administrator Approval:

(1) Crossings by streets, driveways, pedestrian walkways, and railroads.

(2) Intakes, docks, piers, utilities (including water and wastewater treatment, including stormwater control and sedimentation and erosion control facilities), bridges, other public facilities, and water-dependent structures.

(3) Other encroachments authorized by FEMA.

b. Fill may be proposed in support of such uses.

c. Certification required under paragraph 8.4.3C, Floodplains without Base Flood Elevations, paragraph 8.4.3D, Floodplains with Base Flood Elevations but no Established Floodway or Non-Encroachment Areas, or paragraph 8.4.3E, Floodway and Non-Encroachment Areas, as appropriate, shall be provided.

1. No density credit shall be allowed for land in the floodway or non-encroachment area, except as otherwise allowed in this Ordinance.

2. The amount of land in the floodway fringe or non-encroachment area fringe shall be credited for residential density on adjacent land in the same development at a rate of 50% of that allowed by the zoning, except as otherwise allowed in this Ordinance.

3. The portions of the Special Flood Hazard Areas and Future Conditions Flood Hazard Areas located within required riparian buffers shall be given 100% credit.