§ 254. Construction Within Areas of Special Flood Hazard Restricted.

(a)

The use of fill in all special flood hazard areas (100-year floodplains) and 500-year floodplains shall not be used for the purpose of elevating any building located in such areas or for any other purpose except for access to the property.

(b)

New solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities are prohibited in the 100-year floodplain except by variance pursuant to Section 260.

(c)

No new residential building may be constructed and no substantial improvement of a residential building may take place wholly or partially within any area of special flood hazard unless and to the extent that, in the absence of such authorization, the property owner would be deprived of all reasonable use of the property on which such construction is proposed. If new construction within an area of special flood hazard is allowed pursuant to this subsection, then all such construction shall be in conformity with the remaining provisions of this section.

(d)

No new nonresidential building may be constructed and no substantial improvements of a nonresidential building (with the exception of public utility structures) may take place wholly or partially within any area of special flood hazard unless and to the extent that, in the absence of such authorization, the property owner would be deprived of all reasonable use of the property on which such construction is proposed. If new construction within an area of special flood hazard is allowed pursuant to this subsection, then all such construction shall be in conformity with the remaining provisions of this section.

(e)

The following general standards shall apply to any permissible use, any public utility structure and any use allowed by variance (in accordance with Section 260) in an area of special flood hazard, also known as the 100-year floodplain:

(1)

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces;

(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. Flood damage includes injury to persons and damage to property caused by an artificial obstruction or substantial improvement, water backed up or diverted by an artificial obstruction or substantial improvement, and by materials or objects being swept downstream during a flood;

(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;

(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" as contained in this article; and

(9)

Nonconforming buildings or uses may not be enlarged, replaced, or rebuilt unless such enlargement or reconstruction is accomplished in conformance with the provisions of this ordinance. Provided, however, nothing in this article shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this article and located totally or partially within the Floodway Zone, provided that the bulk of the building or structure below base flood elevation in the Floodway Zone is not increased and provided that such repair, reconstruction, or replacement meets all of the other requirements of this ordinance.

(10)

Adequate drainage on the property shall be provided to reduce exposure to floods.

(f)

In all areas of special flood hazard (100-year floodplain) where base flood elevation data has been provided, the following specific standards shall apply to any building authorized pursuant to Section 254(b) or (c), any public utility structure and any use allowed by variance (in accordance with Section 260):

(1)

Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated no lower than three (3) feet above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided.

(2)

Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or nonresidential structure shall have the lowest floor, including basement, elevated no lower than three (3) feet above the level of the base flood elevation. Structures located in A-zones may be floodproofed in lieu of elevation provided that all areas of the structure, including attendant utility and sanitary facilities, below the required elevation are water tight 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 develop and/or review structural design specifications, and shall certify that the design and methods of construction satisfy the standards of this section. Such certification shall be provided to the official as set forth in Section 257(a)(7).

(3)

Manufactured homes.

(a)

Manufactured homes that are placed or substantially improved on sites (i) outside a manufactured home park or subdivision; (ii) in a new manufactured home park or subdivision; (iii) in an expansion to an existing manufactured home park or subdivision; or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, must be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated three (3) feet above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(b)

Manufactured homes that are to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the provisions of subsection (a) above of this ordinance must be elevated so that the lowest floor of the manufactured home is elevated three (3) feet above the base flood elevation, and be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement.

(c)

Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. For the purpose of this requirement, manufactured homes must be anchored to resist flotation, collapse, or lateral movement in accordance with the Regulations for Mobile Homes and Modular Housing 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 at least 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, the manufactured home chassis shall be supported by reinforced piers or other foundation elements of at least equivalent strength and an engineering certification is required.

(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 zoning administrator and the local emergency management coordinator.

(4)

Recreational vehicles. A recreational vehicle is ready for highway use if it is on wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions. Recreation vehicles placed on sites shall either:

(a)

Be on site for fewer than one hundred eighty (180) consecutive days;

(b)

Be fully licensed and ready for highway use; or

(c)

Meet the requirements of Section 254(d) and (e)(3) and Section 257.

(5)

Elevated buildings. New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.

(a)

Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:

(i)

Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding;

(ii)

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

(iii)

Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.

(b)

Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be located a minimum of three (3) feet above base flood elevation except for duct work that shall be located above the base flood elevation.

(c)

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).

(d)

The interior portion of such enclosed area shall not be partitioned or finished into separate rooms, except to enclose storage areas.

(6)

Temporary structures. Prior to the issuance of a building zoning permit, for a temporary structure, the following requirements must be met:

(a)

All applicants must submit to the zoning administrator a plan for the removal of such structure(s) in the event of a hurricane or flash flood notification. The plan must include the following information:

(i)

The name, address and phone number of the individual responsible for the removal of the temporary structure;

(ii)

The time frame prior to the event at which a structure will be removed;

(iii)

A copy of the contract or other suitable instrument with a trucking company to insure the availability of removal equipment when needed; and

(iv)

Designation, accompanied by documentation, of a location outside the floodplain to which the temporary structure will be moved.

(b)

The above information shall be submitted in writing to the zoning administrator for review and written approval.

(7)

Accessory structure. When accessory structures (sheds, detached garages, etc.) with a value of three thousand dollars ($3,000.00) or less, are to be placed in the floodplain the following criteria shall be met:

(a)

Accessory structures shall not be used for human habitation;

(b)

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

(c)

Accessory structures shall be firmly anchored in accordance with Section 254(d)(1); and

(d)

Service facilities such as electrical and heating equipment shall be elevated in accordance with Section 254(d)(5).

(8)

[Structure or tank for chemical or fuel storage.] A structure or tank for chemical or fuel storage incidental to a use that is allowed under Section 254(f) or to the operation of a water treatment plant or wastewater treatment facility may be located in a 100-year floodplain only if the structure or tank is either elevated above base flood elevation or designed to be watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

(9)

Floodways. Located within areas of special flood hazard are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris and potential projectiles and has erosion potential. The following provisions shall apply within such areas:

(a)

No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood. Such certification and technical data shall be presented to the administrator.

(b)

If the requirements of subsection (a) are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.

(c)

No manufactured homes shall be permitted, except in an existing manufactured home park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring and the elevation standards of Section 254(e)(3) are met and the encroachment standards of subsection (a) above.

(g)

The following general standards shall apply to any permissible use, any public utility structure and any use allowed by variance (in accordance with Section 260) in the 500-year floodplain:

(1)

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces;

(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. Flood damage includes injury to persons and damage to property caused by an artificial obstruction or substantial improvement, water backed up or diverted by an artificial obstruction or substantial improvement, and by materials or objects being swept downstream during a flood;

(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;

(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)

Adequate drainage on the property shall be provided to reduce exposure to floods.

(h)

In the 500-year floodplain where base flood elevation data has been provided, the following specific standards shall apply to any permissible use, public utility structure and any use allowed by variance (in accordance with Section 260):

(1)

Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated no lower than two (2) feet above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided.

(2)

Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or nonresidential structure shall have the lowest floor, including basement, elevated no lower than two (2) feet above the level of the base flood elevation. Structures located in X-zones may be floodproofed in lieu of elevation provided that all areas of the structure below the required elevation are water tight 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 Section 257(a)(7).

(3)

Elevated buildings. New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exist of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.

(a)

Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:

(i)

Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding;

(ii)

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

(iii)

Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.

(b)

Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be located a minimum of two (2) feet above base flood elevation except for duct work that shall be located above the base flood elevation.

(c)

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).

(d)

The interior portion of such enclosed area shall not be partitioned or finished into separate rooms, except to enclose storage areas.

(i)

Located within the areas of special flood hazard and the 500-year floodplain are small streams where no base flood data has been provided or where no floodways have been identified. The following provisions apply within such areas to any permissible use or any use allowed by variance (in accordance with Section 260):

(1)

No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of the stream bank equal to five (5) times the width of the stream at the top of bank or twenty (20) feet each side from top of bank, 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)

If subsection (e)(1) is satisfied and base flood elevation data is available from other sources, all new construction and substantial improvements within such areas shall comply with all applicable flood hazard ordinance provisions of Section 254 and shall be elevated or floodproofed in accordance with elevations established in accordance with Section 257(a)(7). When base flood elevation data is not available from a federal, state, or other source, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade.

(3)

No manufactured home shall be permitted.

(j)

Whenever any portion of an area of special flood hazard outside of the floodway is filled in with fill dirt, slopes shall be adequately stabilized to withstand the erosive force of the base flood.

(Ord. No. 04-13, § 1, 12-6-04)