Fictitious County Subdivision Ordinance

Fictitious County Subdivision Ordinance
Section 311
The preliminary and final plats shall depict or contain information indicated in the following table. An "x" indicates that the information is required. Preliminary plat information is only required for major subdivisions.

(g) In the Catawba / Lake Norman Water Supply Watershed Critical area, a minimum fifty (50) foot vegetative buffer setback (front yard, side yard, rear yard) is required for all development activities along all perennial water, including streams, rivers and impoundments, indicated on the most recent versions of United States Geodetic Survey (USGS) 1:24,000 scale topographic maps; provided, that nothing in this subsection shall prevent artificial stream bank or shoreline preservation where otherwise permitted. No new development is allowed in the buffer except that water dependent structures, or other structures such as flagpoles, signs, and security lights, which result in only diminimus increase in impervious area. In addition, public works projects such as road crossings and greenways may be allowed where no practical alternative exists.

(h) In the Catawba Lake Norman Water Supply Watershed Critical Area, in any case where traffic from a development must travel Brawley School Road in order to access Williamson Road, a minimum of 30,000 square feet of land area is required for each dwelling unit in any zoning district without regard to the method of providing water and/or sewer service.In the remainder of the Catawba Lake Norman Water Supply Watershed Critical Area, a minimum of 25,000 square feet of land area is required for each dwelling unit in any zoning district without regard to the method of providing water and/or sewer service.

Fictitious County Code of Flood Plain Management - Chapter 10 Article III Sections 10-51 to 10-100

ARTICLE III. FLOOD DAMAGE PREVENTION

Sec. 10-51	DIVISION 1. GENERALLY	Sec. 10-76	ADMINISTRATION
Sec. 10-51	Definitions	Sec. 10-76	Designation of local administrator
Sec. 10-52	Statutory authorization	Sec. 10-77	Development permit and certification requirements
Sec. 10-53	Findings of fact	Sec. 10-78	Duties and responsibilities of local administrator
Sec. 10-54	Statement of purpose	Sec. 10-79	Procedures, generally
Sec. 10-55	Objectives	Sec. 10-80	Variance procedures
Sec. 10-56	Lands to which article applies	Sec. 10-81	Reserved
Sec. 10-57	Basis for establishing areas of special flood hazard	Sec. 10-82	Reserved
Sec. 10-58	Establishment of development permit	Sec. 10-83	Reserved
Sec. 10-59	Compliance	Sec. 10-84	Reserved
Sec. 10-60	Abrogation and greater restrictions	Sec. 10-85	Reserved
Sec. 10-61	Interpretation	Sec. 10-86	Reserved
Sec. 10-62	Warning and disclaimer of liability	Sec. 10-87	Reserved
Sec. 10-63	Penalties for violation	Sec. 10-88	Reserved
Sec. 10-64	Reserved	Sec. 10-89	Reserved
Sec. 10-65	Reserved	Sec. 10-90	Reserved
Sec. 10-66	Reserved	Sec. 10-91	Reserved
Sec. 10-67	Reserved	Sec. 10-92	Reserved
Sec. 10-68	Reserved	Sec. 10-93	Reserved
Sec. 10-69	Reserved	Sec. 10-94	Reserved
Sec. 10-70	Reserved	Sec. 10-95	Reserved
Sec. 10-71	Reserved	Sec. 10-96	DIVISION 3. FLOOD HAZARD REDUCTION
Sec. 10-72	Reserved	Sec. 10-96	General standards
Sec. 10-73	Reserved	Sec. 10-97	Specific standards
Sec. 10-74	Reserved	Sec. 10-98	Streams without established base flood elevations and/or floodways
Sec. 10-75	Reserved	Sec. 10-99	Subdivision proposals
		Sec. 10-100	Areas of shallow flooding (AO zones)

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*Cross reference(s)‑‑Solid waste disposal site permits, § 12-76 et seq.; community wastewater disposal systems, § 14-26 et seq.
State law reference(s)‑‑Floodway regulation, G.S. § 143-215.51 et seq.; special assessments for flood protection works, G.S. § 153A-185 et seq.

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DIVISION 1. GENERALLY

Sec. 10-51. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction.
Appeal means a request for a review of the local administrator's interpretation of any provision of this article or a request for a variance.
Area of shallow flooding means a designated AO or VO Zone on a community's flood insurance rate map with base flood depths from one (1) to three (3) feet 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 means the land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
Base flood means the flood having a one-percent chance of being equaled or exceeded in any given year.
Basement means the lowest level or story which has its floor subgrade on all sides.
Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. A breakaway wall shall give a design safe loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. A wall with loading resistance of more than twenty (20) pounds per square foot requires an architect's or professional engineer's certificate.
Building means any structure built for support, shelter or enclosure for any occupancy or storage.
Development means any manmade 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.
Elevated building means a nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls.
Existing manufactured home park or manufactured home subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot on which the manufactured home is to be affixed (including at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of the ordinance from which this section derives.
Expansion to an existing manufactured home park or subdivision means the preparation of the additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete slabs).
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
2.	The unusual and rapid accumulation of runoff of surface waters from any source.
Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A.
Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
Flood insurance study means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood.
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.
Floor means the top surface of an enclosed area in a building (including basement), that is, the top of slab in a concrete slab construction or the top of wood flooring in a wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.
Functionally dependent facility means a facility that cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture, sales or service facilities.
Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, 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 U.S. 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 state inventory of historic places;
(d)		Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified.
	(1)	By an approved state program as determined by the Secretary of Interior, or
	(2)	Directly by the Secretary of Interior in states without approved programs.

Levee means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Levee system means a flood protection system that comprises a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this article.

Manufactured home means a structure, transportable in one (1) 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 also includes park trailers, travel trailers, and similar transportable structures placed on a site for one hundred eighty (180) consecutive days or longer and intended to be improved property.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this article, the term is synonymous with national geodetic vertical datum.

National geodetic vertical datum (NGVD) as corrected in 1929 means a vertical control used as a reference for establishing varying elevations within the floodplain.

New construction means structures for which the "start of construction" commenced on or after the effective date of the ordinance from which this section derives.

New manufactured home park or 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 slabs) is completed on or after the effective date of this section.

Nonconforming building or use means any legally existing building or use which fails to comply with the provisions of the section.

Recreational vehicle means a vehicle which is:

(a)	Built on a single chassis;
(b)	Four hundred (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.

Remedy a violation means to bring the structure or other development into compliance with state or local 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 this article or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

Start of construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348)), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, 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.

Structure means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, or other manmade facilities or infrastructures.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. See definition of "substantial improvement".

Substantially improved existing manufactured home park or subdivision means where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pad equals or exceeds fifty (50) percent of the value of the streets, utilities and pad before the repair, reconstruction, or improvement commenced.

Substantial improvement means any repair, reconstruction, or improvement of a structure, within any twelve-month period, where the cost equals or exceeds fifty (50) percent of the market value of the structure, either before the improvement or repair is started, or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state and local health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions; or any alteration of a structure listed in the National Register of Historic Places or a state inventory of historic places.

Variance means a grant of relief to a person from the requirements of this article which permits construction in a manner otherwise prohibited by this article where specific enforcement would result in unnecessary hardship.

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 Divisions 2 and 3 of this article is presumed to be in violation until such time as that documentation is provided.

(Ord. of 4-7-87, Art. 2; Ord. of 2-4-92)

Cross reference(s)‑‑Definitions and rules of construction generally, § 1-3.

State law reference(s)‑‑"Manufactured home" defined, G.S. § 143-145(7); definitions relating to floodway regulation, G.S. § 143-215.52.

Sec. 10-52. Statutory authorization.

The legislature of the state has in Part 6, Article 21 of G.S. Chapter 143; Parts 3 and 4 of Article 18 of G.S. Chapter 153A; and Article 6 of G.S. Chapter 153A delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

(Ord. of 4-7-87, Art. 1, § A)

State law reference(s)‑‑Floodway regulation, G.S. § 143-215.51 et seq.; general police power of counties, G.S. § 153A-121 et seq.; county zoning, G.S. § 153A-340 et seq.; county building inspection, G.S. § 153A-350 et seq.

Sec. 10-53. Findings of fact.

(a)	The flood hazard areas of the 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.
(b)	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 hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed, or otherwise unprotected from flood damages.

(Ord. of 4-7-87, Art. 1, § B)

Sec. 10-54. Statement of purpose.

It is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1)	Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in 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 that are involved in the accommodation of floodwaters;
(4)	Control filling, grading, dredging and other development that may increase erosion or flood damage; and
(5)	Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards to other lands.

(Ord. of 4-7-87, Art. 1, § C)

State law reference(s)‑‑Purpose of floodway regulation law, G.S. § 143-215.51.

Sec. 10-55. Objectives.

The objectives of this article are to:

(1)	Protect human life and health;
(2)	Minimize expenditure of public money for costly flood control projects;
(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 interruptions;
(5)	Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in floodplains;
(6)	Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize flood blight areas; and
(7)	Ensure that potential home buyers are notified that property is in a flood area.

(Ord. of 4-7-87, Art. 1, § D)

Sec. 10-56. Lands to which article applies.

This article shall apply to all areas of special flood hazard within the jurisdiction of the county.

(Ord. of 4-7-87, Art. 3, § A)

State law reference(s)‑‑Territorial jurisdiction, G.S. §§ 143-215.57(b), 153A-122.

Sec. 10-57. Basis for establishing areas of special flood hazard.

The areas of special flood hazard identified by the Federal Emergency Management Agency in its flood insurance rate maps, dated May 1980, with accompanying maps and other supporting data, and any revision thereto are adopted by reference and declared to be a part of this article.

(Ord. of 4-7-87, Art. 3, § B)

Sec. 10-58. Establishment of development permit.

A development permit shall be required in conformance with the provisions of this article prior to the commencement of any development activities.

(Ord. of 4-7-87, Art. 3, § C)

Sec. 10-59. Compliance.

No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this article and other applicable regulations.

(Ord. of 4-7-87, Art. 3, § D)

Sec. 10-60. Abrogation and greater restrictions.

This article is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. of 4-7-87, Art. 3, § E)

Sec. 10-61. Interpretation.

In the interpretation and application of this article all provisions shall be:

(1)	Considered as minimum requirements;
(2)	Liberally construed in favor of the Board of Commissioners; and
(3)	Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. of 4-7-87, Art. 3, § F)

State law reference(s)‑‑Other approvals required, G.S. § 143-215.59.

Sec. 10-62. Warning and disclaimer of liability.

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the county or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made under this article.

(Ord. of 4-7-87, Art. 3, § G)

Sec. 10-63. Penalties for violation.

Violation of the provisions of this article 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 article or fails to comply with any of its requirements shall, upon conviction thereof, be punished as provided in section 1-7. Each day such violation continues shall be considered a separate offense. Nothing contained in this section shall prevent the county from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. of 4-7-87, Art. 3, § H)

State law reference(s)‑‑Violations and penalties, G.S. § 143-215.58.

Secs. 10-64‑‑10-75. Reserved.

DIVISION 2. ADMINISTRATION*

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*Cross reference(s)‑‑Administration, Ch. 2.

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Sec. 10-76. Designation of local administrator.

The Director of Inspections is hereby appointed to administer and implement the provisions of this article.

(Ord. of 4-7-87, Art. 4, § A)

Sec. 10-77. Development permit and certification requirements.

(a)			Application for a development permit shall be made to the local administrator on forms furnished by him prior to any development activities. The development permit may include, but not be limited to plans in duplicate drawn to scale showing:
	(1)		The nature, location, dimensions, and elevations of the area in question;
	(2)		Existing or proposed structures; and
	(3)		The location of fill, materials storage areas and drainage facilities.
(b)			Specifically, the following information is required:
	(1)		Where base flood elevation data is provided in accordance with section 10-78(a)(10), the application for a development permit within the Zone A on the flood insurance rate map shall show:
		(a)	The elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures, and
		(b)	If the structure has been floodproofed in accordance with section 10-97(2), the elevation (in relation to mean sea level) to which the structure was floodproofed.
	(2)		Where the base flood elevation data is not provided, the application for a development permit must show construction of the lowest floor at least two (2) feet above the highest adjacent grade;
	(3)		Where any watercourse will be altered or relocated as a result of proposed development, the application for a development permit shall include:
		a.	A description of the extent of watercourse alteration or relocation;
		b.	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
		c.	A map showing the location of the proposed watercourse alteration or relocation.
	(4)		When a structure is floodproofed, the applicant shall provide a certificate from a registered professional engineer or architect that the nonresidential floodproofed structure meets the floodproofing criteria in section 10-97(2);
	(5)		A floor elevation or floodproofing certification is required after the lowest floor is completed. Within twenty-one (21) calendar days of establishment of the lowest floor elevation, or floodproofing by whatever construction means, whichever is applicable, it shall be the duty of the permit holder to submit to the local administrator a certification of the elevation of the lowest floor, or floodproofed elevation, whichever is applicable, as built, in relation to mean sea level. Such certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building, such certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work done within the twenty-one-day calendar period and prior to submission of the certification shall be at the permit holder's risk. The local administrator shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make such corrections required hereby shall be cause to issue a stopwork order for the project.

(Ord. of 4-7-87, Art. 4, § B)

State law reference(s)‑‑Procedures in issuing permits, G.S. § 143-215.57.

Sec. 10-78. Duties and responsibilities of local administrator.

(a)		The director of inspections shall:
	(1)	Review all development permits to ensure that the permit requirements of this article have been satisfied;
	(2)	Advise permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of such permits be provided and maintained on file with the development permit;
	(3)	Notify adjacent communities and the state 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;
	(4)	Ensure that maintenance is provided within the altered or relocated portion of such watercourse so that the flood-carrying capacity is not diminished;
	(5)	Prevent encroachments within floodways unless the certification and flood hazard reduction provisions of Division 3 of this article are met;
	(6)	Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in accordance with section 10-77(b)(5);
	(7)	Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed, in accordance with section 10-77(b)(5);
	(8)	When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with section 10-97(2);
	(9)	Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (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 a boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this division;
	(10)	When base flood elevation data or floodway data has not been provided in accordance with section 10-57, obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, including data developed pursuant to section 10-99(d), in order to administer the provisions of this article;
	(11)	Perform other duties as deemed necessary.
(b)		All records pertaining to the provisions of this article shall be maintained in the office of the local administrator and shall be open for public inspection.

(Ord. of 4-7-87, Art. 4, § C)

State law reference(s)‑‑State civil preparedness agency transferred to department of crime control and public safety, G.S. § 143A-240; department of crime control and public safety, G.S. § 143B-473 et seq.; transfer of civil preparedness functions, G.S. § 143B-475(a)(2).

Sec. 10-79. Procedures, generally.

(a) Inspections of work in progress. As the work pursuant to a permit under this division progresses, the local 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 administrator has a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction at any reasonable hour for the purpose of inspection or other enforcement action.

(b) Stop orders. Whenever a building or part thereof is being constructed, reconstructed, altered or repaired in violation of this article, the administrator may order the work to be immediately stopped. The stop order shall be in writing and directed to the person doing the work. The stop order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Violation of a stop order constitutes a misdemeanor.

(c) Revocation of permits. The local administrator may revoke and require the return of the development permit by notifying the permit holder in writing stating the reason for the revocation.

(1) Permits shall be revoked for:

a. Any substantial departure from the approved application, plans or specifications;

b. Refusal or failure to comply with the requirements of state or local laws; or

c. False statements or misrepresentations made in securing the permit.

(2) Any permit mistakenly issued in violation of an applicable state or local law may also be revoked.

(d) Periodic inspections. The local administrator and each member of his 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 purpose of inspection or other enforcement action.

(e) Violations to be corrected. When the local administrator finds violations of applicable state and local laws, it shall be his duty to notify the owner or occupant of the building of the violation. The owner or occupant shall each immediately remedy the violations of law in the property he owns.

(f) Actions in event of failure to take corrective action. If the owner of a building or property shall fail to take prompt corrective action, the administrator shall give him written notice, by certified or registered mail to his last known address or by personal service, that:

(1) The building or property is in violation of the flood damage prevention ordinance;

(2) A hearing will be held before the local 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

(3) Following the hearing, the local administrator may issue such order to alter, vacate or demolish the building, or to remove fill as appears appropriate.

(g) Order to take corrective action. If, upon a hearing held pursuant to the notice prescribed in subsection (f), the administrator shall find that the building or development is in violation of the flood damage prevention ordinance, he shall make an order in writing to the owner, requiring the owner to remedy the violation, within such period, not less than sixty (60) days, as the administrator may prescribe; provided, that where the administrator finds that there is imminent danger to life or other property, he may order that corrective action be taken in such lesser period as may be feasible.

(h) Appeal. Any owner who has received an order to take corrective action may appeal from the order to the Board of Commissioners by giving notice of appeal in writing to the administrator and the clerk within ten (10) days following issuance of the final order. In the absence of an appeal, the order of the administrator shall be final. The Board of Commissioners shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.

(i) Failure to comply with order. If the owner of a building or property fails to comply with an order to take corrective action from which no appeal has been taken, or fails to comply with an order of the Board of Commissioners following an appeal, he shall be guilty of a misdemeanor and shall be punished at the discretion of the court.

(Ord. of 4-7-87, Art. 4, § D)

State law reference(s)‑‑Inspections of work in progress, G.S. § 153A-360; stop orders, G.S. § 153A-361; revocation of permits, G.S. § 153A-362; periodic inspections for hazardous or unlawful conditions, G.S. § 153A-364; defects in buildings to be corrected, G.S. § 153A-365; action in event of failure to take corrective action, G.S. § 153A-368; order to take corrective action, G.S. § 153A-369; appeal, finality of order not appealed, G.S. § 153A-370; failure to comply with order, G.S. § 153A-371.

Sec. 10-80. Variance procedures.

(a)			The Board of Commissioners shall hear and decide appeals pursuant to this article and the board of adjustment shall hear requests for variances from the requirements of this article.
(b)			Any person aggrieved by the decision of the board of adjustment or any taxpayer may appeal such decision to the court, as provided in G.S. Chapter 7A.
(c)			Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places without regard to the procedures set forth in the remainder of this section.
(d)			In passing upon such applications, the board of adjustment shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this article, and the:
	(1)		Danger that materials may be swept onto other lands to the injury of others;
	(2)		Danger to life and property due to flooding or erosion damage;
	(3)		Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
	(4)		Importance of the services provided by the proposed facility to the community;
	(5)		Necessity to the facility of a waterfront location, where applicable;
	(6)		Availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
	(7)		Compatibility of the proposed use with existing and anticipated development;
	(8)		Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
	(9)		Safety of access to the property in times of flood for ordinary and emergency vehicles;
	(10)		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
	(11)		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.
(e)			Upon consideration of the factors listed in subsection (d) and the purposes of this article, the board of adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.
(f)			Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(g)			Variances shall only be issued upon:
	(1)		A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;
	(2)		A showing of good and sufficient cause;
	(3)		A determination that failure to grant the variance would result in exceptional hardship; and
	(4)		A determination that the granting of a variance will not result in:
		a.	Increased flood heights,
		b.	Additional threats to public safety,
		c.	Extraordinary public expense,
		d.	The creation of a nuisance,
		e.	Fraud on or victimization of the public, or
		f.	Conflict with existing local laws or ordinances.
h.			Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and a written statement that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Such notification shall be maintained with a record of all variance action.
i.			The local administrator shall maintain all records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(Ord. of 4-7-87, Art. 4, § E)

State law reference(s)‑‑Judicial Department Act of 1965, G.S. § 7A-1 et seq.; board of adjustment, G.S. § 153A-345.

Secs. 10-81‑‑10-95. Reserved.

DIVISION 3. FLOOD HAZARD REDUCTION

Sec. 10-96. General standards.

In all areas of special flood hazard 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)		Manufactured homes shall be anchored to prevent flotation, collapse or lateral movement. 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.
(3)		All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(4)		All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damages.
(5)		Electrical, heating, ventilation, plumbing and 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.
(6)		All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems.
(7)		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 floodwaters.
(8)		On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
(9)		Any alteration, repair, reconstruction or improvements to a structure that is in compliance with the provisions of this article, shall meet the requirements of "new construction" as contained in this article.
(10)		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 section. Provided, however, nothing in this section 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 section.

(Ord. of 4-7-87, Art. 5, § A; Ord. of 2-4-92)

Sec. 10-97. Specific standards.

In all areas of special flood hazard where base flood elevation data has been provided, as set forth in section 10-57, or section 10-78(a)(10), the following provisions are required:

(1)	Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated no lower than one (1) foot above the base floor elevation. If solid foundation perimeter walls are 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 one (1) foot 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 below the required 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 effects 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 10-77(b)(5).
(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 a result of a flood, must be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated no lower than two (2) 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 Section 10-97(3)(a) of this section must be elevated so that the lowest floor of the manufactured home is elevated no lower than two (2) 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 sight, 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.
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 local 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 10-77, 10-96, and 10-97.

(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:
	1.	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;
	2.	The bottom of all openings shall be no higher than one (1) foot above grade; and
	3.	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 and 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.
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 development permit, for a temporary structure, the
following requirements must be met:

a.		All applicants must submit to the local 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 ensure 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 local 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 10-96(1); and
d.		Service facilities such as electrical and heating equipment shall be elevated in accordance with Section 10-96(5).

(8) Floodways. Located within areas of special flood hazard established in section 10-57, 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 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 occurrence of the base flood discharge.
b.		If section 10-97(4)(a) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this division.
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 standards of section 10-96(2) and the elevation standards of section 10-97(1) are met.

(Ord. of 4-7-87, Art. 5, § B; Ord. of 4-7-87, Art. 5, § B; Ord. of 2-4-92)

Sec. 10-98. Streams without established base flood elevations and/or floodways.

Located within the areas of special flood hazard established in section 10-57, 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:

(1)		No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of the stream bank equal to the width of the stream at the top of the bank or twenty (20) feet each side from the top of the 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 section 10-98(1) is satisfied and base flood elevation data is available from other sources, all new construction and substantial improvements within such area shall comply with all applicable flood hazard ordinance provisions of this division and shall be elevated or floodproofed in accordance with elevations established in accordance with section 10-78(a)(10). 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.

(Ord. of 4-7-87, Art. 5, § C)

Sec. 10-99. Subdivision proposals.

(a)		All subdivision proposals shall be consistent with the need to minimize flood damage.
(b)		All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(c)		All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.
(d)		Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of fifty (50) lots or five (5) acres.

(Ord. of 4-7-87, Art. 5, § D)

Cross reference(s)‑‑Subdivisions, App. B.

State law reference(s)‑‑County subdivision regulation, G.S. § 153A-330 et seq.

Sec. 10-100. Areas of shallow flooding (AO zones).

Located within the areas of special flood hazard established in section 10-57, are areas designated as shallow flooding. 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. The following provisions shall apply within such areas:

(1)		All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade.
(2)		All new construction and substantial improvements of nonresidential structures shall:
	(a)	Have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade; or
	(b)	Be completely floodproofed together with attendant utility and sanitary facilities to or above that level so that any space below that level is 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.

(Ord. of 4-7-87, Art. 5, § E)

***End Flood Plain Management section ***

15A NCAC 02B.243 (3)
Applicability: This rule shall apply to a 50-foot wide riparian buffer directly adjacent to surface waters along the Catawba River mainstream below Lake James and along mainstream lakes in the Catawba River Basin, excluding wetlands. Wetlands adjacent to surface waters or within 50 feet of surface waters shall be considered as part of the riparian buffer but are regulated pursuant to 15A NCAC 02H.0506. The riparian buffers protected by this rule shall be measured pursuant to Item (4) of this Rule. Riparian buffers adjacent to surface waters of the Catawba River mainstream below Lake James and mainstream lakes shall be subject to this Rule unless one of the following applies.

(a) EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING. This Rule shall not apply to portions of the
riparian buffer where a use is existing and ongoing according to the following:

        (i) A use shall be considered existing if it was present within the riparian buffer as of June 30, 2001. Existing
         uses shall include, but not be limited to, agriculture, buildings, industrial facilities, commercial areas,
         transportation facilities, maintained lawns, utility lines and on-site sanitary sewage systems. Only the portion
         of the riparian buffer that contains the footprint of the existing use is exempt from this Rule. Change of
         ownership through legal purchase or inheritance is not considered a change of use. Activities necessary to
         maintain uses are allowed provided that the site remains similarly vegetated, no impervious surface is added
         within 50 feet of the surface water where it did not previously exist as of the effective date of the Rule, and
         existing diffuse flow is maintained. Grading and revegetating Zone 2 is allowed provided that the health of the
         vegetation in Zone 1 is not compromised, the ground is stabilized and existing diffuse flow is maintained.

        (ii) A use shall be considered as existing if projects or proposed development at a minimum have been
         determined by the Division or the appropriate local government with approved riparian buffer ordinance to meet
         at least one of the following criteria:
                (A) Project requires a 401 Certification/404 Permit and these were issued prior to June 30, 2001;
                (B) Projects that require a state permit, such as landfills, NPDES wastewater discharges, land application of
                 residuals and road construction activities, have begun construction or are under contract to begin
                 construction and have received all required state permits prior to June 30, 2001;
                (C) Projects that have been determined to have a Vested Right by the NC Attorney General's Office; or,
                (D) Projects that have established a Vested Right under North Carolina zoning law as of June 30, 2001.

(b) LOCAL GOVERNMENTS THAT HAVE APPROVED RIPARIAN BUFFER ORDINANCES. All local governments that have land use authority along the Catawba River mainstream below Lake James and along mainstream lakes in the Catawba River Basin may adopt local riparian buffer ordinances to protect water quality. The Division shall approve the local riparian buffer ordinance within 30 days after receiving the request from local governments, if the Division determines that the local riparian buffer ordinance provides equal to or greater water quality protection than this Rule. This Rule shall not apply in any area where a local government has obtained the Division’s approval of the local riparian buffer ordinance, provided that the local government is implementing and enforcing the approved local riparian buffer ordinance. The Division, upon determination that the local government is failing to implement or enforce the approved local buffer ordinance, shall notify the local government in writing of the local program inadequacies. If the local government has not corrected the deficiencies within 90 days of receipt of written notification, then the Division shall implement and enforce the provisions of this Rule.

The entire section 15A NCAC 02B.243 can be found here.

INDEXED SBCCI STANDARD
FOR
FLOODPLAIN MANAGEMENT
SSTD 4-89

SECOND PRINTING
COPYRIGHT@ 1997

BY

SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC.
900 MONTCLAIR ROAD
BIRMINGHAM, ALABAMA 35213-1206
205-591-1853

PRINTED IN U.S.A.

PREFACE

Standard for Floodplain Management © 1989

Floodplain construction standards first appeared in the Standard Building Code in 1980 as Appendix M. Since these provisions were contained to the building code, they were only adopted by those local governments who charged the building official with the responsibility for enforcing floodplain management regulations. The Southern Building Code Congress, recognizing that the responsibility for enforcing floodplain management requirements may be assigned to persons other than the building official, appointed an ad hoc committee to develop a floodplain management standard as a separate document. This standard is a culmination of that committee's efforts. The language was updated in 1986 and in 1988 by the Federal Emergency Management Agency to bring the standard into agreement with the regulations of the National Flood Insurance Program. This standard was developed to provide the criteria to meet the minimum flood plain construction requirements as required by the National Flood Insurance Program. The language contained in this standard complies with all of the floodplain management requirements that a community must adopt in order to participate in the NFIP, and barring any unusual flooding conditions, the adoption of this Standard into a community's building code will meet the portion of the NFIP's minimum requirements for a community to participate in the program. It must be emphasized that the provisions of this Standard are the minimum requirements, and that based on flood conditions that are present, the Federal Emergency Management Agency may require, or a community may elect to adopt, additional or stricter provisions of this standard In addition, a state may have stricter requirements that would take precedence over this Standard. The National Flood Insurance Act of 1968 was enacted to provide previously unavailable flood protection to property owners. This act and subsequent revisions require that communities wishing to participate to the flood insurance program adopt and submit to the Federal Insurance Administration, floodplain management regulations complying with these minimum requirements.

The requirements are presented so that each local government may adopt this standard as it is needed with the latitude to designate the department or agency that will enforce the standard. Additional amendments may be required to satisfy other Federal or state statutes or unique local situations not addressed in this standard. Broken vertical bars to the margin indicate changes made since the 1988 edition. Stars in the margin indicate deletions from the 1988 edition.

TABLE OF CONTENTS

CHAPTER 1 ADMINISTRATION
101 PURPOSE AND OBJECTIVES
102 POWERS AND DUTIES
103 EXISTING STRUCTURES

CHAPTER 2 DEFINITIONS
201 GENERAL
202 DEFINITIONS

CHAPTER 3 PERMITS
301 GENERAL
302 PROCEDURES

CHAPTER 4 RESPONSIBILITIES OF THE AUTHORITY HAVING JURISDICTION
401 GENERAL
402 CERTIFICATION

CHAPTER 5 DEVELOPMENT STANDARDS
501 SUBDIVISION
502 IMPROVEMENTS
503 STORM WATER RETENTIONS

CHAPTER 6 CONSTRUCTION STANDARDS
601 ELEVATION STANDARDS
602 ANCHORING STANDARDS
603 CONSTRUCTION STANDARDS
604 MANUFACTURED HOMES
605 STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES)

CHAPTER 7 FLOODWAYS
701 GENERAL
702 DEVELOPMENT

CHAPTER 8 COASTAL CONSTRUCTION
801 ELEVATION STANDARDS
802 CONSTRUCTION STANDARDS

CHAPTER 9 FLOODPROOFING
901 FLOODPROOFING MEASURES

CHAPTER 10 VARIANCES
1 001 GENERAL

CHAPTER 11 REFERENCES

SAMPLE ORDINANCE

ORDINANCE TO ADOPT
STANDARD FOR FLOODPLAIN MANAGEMENT

AN ORDINANCE TO ADOPT THE STANDARD FOR FLOODPLAIN MANAGEMENT FOR THE INSPECTION ACTIVITIES OF THE OF AND ENFORCEMENT OF BUILDING PROVISIONS AS PROVIDED IN SAID STANDARD

Section I:

WHEREAS, the legislature of the State of ______ , as provided to the statutes , delegates the responsibility to local government units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry, and WHEREAS, the area of special flood hazard of the ____ are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and government services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and

WHEREAS, 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 areas of special flood hazard by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed or otherwise unprotected from flood damages.

NOW, THEREFORE BE IT ORDAINED BY THE ___________OF ________________ that the SBCCI Standard for Floodplain Management is hereby adopted by reference as though it was copied herein fully.

Section 2:
BE IT FURTHER ORDAINED that this Standard shall apply to all areas of special hazard within the jurisdiction of __________________.

Section 3
BE IT FURTHER ORDAINED that no development shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of this Standard and other applicable regulations.

Section 4
BE IT FURTHER ORDAINED that for any matters in said Standard which are contrary to existing Ordinances of _______________, the more stringent restriction shall prevail. However, this Standard is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. Further, the interpretation and application of all provisions of this Standard shall be considered minimum requirements.

Section 5
BE IT FURTHER ORDAINED that within said Standard when reference is made to the duties of certain officials named therein, that designated official who has duties corresponding to those of the named official in said Standard shall be deemed to be the responsible official insofar as enforcing the provisions of the Standard are concerned.

Section 6
BE IT FURTHER ORDAINED that this Ordinance shall take effect and be in force from and after its passage, the public welfare requiring it PASSED AND APPROVED by the_______________ of ______________ on the__________day of____________, ________.

SIGNATURE OF GOVERNING BODY _____________________________

CHAPTER 1
ADMINISTRATION

101 PURPOSE AND OBJECTIVES

101.1 Purpose

The purpose of this Standard is to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas through the establishment of comprehensive regulations for floodplain management, designed to:

1. minimize loss of life and property due to flooding conditions,
2. prevent unnecessary disruption of commerce and public service to times of flooding;
3. restrict or prohibit uses which are dangerous to health, safety and property due to flood or erosion hazards, or which result in increases in flood heights or velocities or erosion potential,
4. require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction,
5. control the alteration of natural floodplains, stream channels, and natural protective barriers,
6. control filling, grading, dredging, and other development which may increase flood damage or erosion potential,
7. prevent or regulate the construction of flood barriers which will divert flood waters or which may increase flood hazards, and
8. contribute to improved construction techniques in the floodplain.

101.2 Objectives

The objectives of this Standard are to protect human life, minimize the expenditure of public money for flood control projects, minimize the need for rescue and relief efforts associated with flooding, minimize prolonged business interruptions, minimize damage to public facilities and utilities, help maintain a stable tax base by providing for the sound use and development of flood-prone areas, contribute to improved construction techniques to the floodplain, and ensure that potential occupants are notified that property is within an area of special flood hazard.

102 POWERS AND DUTIES

102.1 Permit Applications

The authority having jurisdiction shall require a development permit prior to the commencement of any development activity and shall review all permit applications to determine whether proposed development sites will be reasonably safe from flooding If a proposed development site is in an area of special flood hazard, all new construction and substantial improvements (including the placement of prefabricated buildings and manufactured homes) shall be:

1. designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrostatic and hydrodynamic loads and the effects of buoyancy, and
2. be constructed with materials and utility equipment resistant to flood damage, and
3. be constructed by methods and practices that minimize flood damage.

102.2 Approval

It shall be the responsibility of the authority having jurisdiction to assure that:

1. All new construction or substantial improvements of structures within the areas of special flood hazard shall have the lowest structural member of the floor, including basement, elevated to or above the level of the base flood elevation, except that nonresidential structures, together with attendant utility and sanitary facilities, may be elevated or flood-proofed up to the level of the base flood protection elevation.

2. Approval of a proposed development shall not be given until proof that necessary permits have been granted by federal or state agencies having jurisdiction over such development.

102.3 Establishing the Area of Special Flood Hazard

The areas of special flood hazard as identified by the federal insurance administrator in an engineering report entitled, "The Flood Insurance Study for _______________ dated_____________ , with accompanying Flood Insurance Rate Maps (FIRM) and Flood Boundary and Floodway Maps (FBFM) and related supporting data along with any revisions thereto, are adopted by reference and declared to be a part of this Standard.

102.4 Technical Basis for Area of Special Flood Hazard

The authority having jurisdiction shall adopt by reference the specific appropriate technical data which establishes the area of special flood hazard.

102.5 Disclaimer

The degree of flood protection required by this Standard is considered reasonable for design purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. This Standard does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This standard shall not create liability on the part of the authority having jurisdiction for any flood damages that result from reliance on this standard or any administrative decisions lawfully made thereunder.

102.6 Violations

Any person, firm, corporation or agent who shall violate a provision of this standard, or fail to comply therewith, or any of the requirements thereof, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this standard is committed or continued, and upon conviction of any such violation such person shall be punished within the limits and as provided by state laws.

103 EXISTING STRUCTURES

103.1 General

Structures and uses of structures which lawfully existed prior to the adoption of the initial floodplain management ordinance to enter the NFIP, and which do not conform with the provisions of this standard, may be continued subject to the following conditions:

1. Existing structures and uses located within a floodway shall not be expanded or enlarged unless the effect of proposed expansion or enlargement does not cause additional increase in floodway elevation during the occurrence of the base flood discharge.
2. Any alteration, repair, reconstruction or improvement of an existing structure within a floodplain, which constitutes substantial improvement shall be undertaken only in full compliance with this standard.
3. Any alteration, repair, reconstruction or improvement of an existing structure within a floodplain which is in compliance with the provisions of this Standard shall be undertaken only in full compliance with this Standard.
4. Any alteration, repair, reconstruction or improvement of an existing structure within a floodplain which is not in compliance with the provisions of this standard shall be undertaken only if said nonconformity is not furthered, extended, or replaced.

CHAPTER 2
DEFINITIONS

201 GENERAL

For the purpose of this standard, certain abbreviations, terms, phrases. words, and their derivatives, shall be construed as set forth in this section.

201.1 Tense, Gender and Neuter
Words used in the present tense include the future. Words in the masculine gender include the feminine and neuter. Words in the feminine and neuter gender include the masculine. The singular number includes the plural and the plural number includes the singular.

202 DEFINITIONS

ADDITION: (to an existing building)-Any walled and roofed expansion to a building in which the addition is connected by a common loadbearing wall other than a fire wall. Any walled and roofed addition which is separated by a fire wall, or an independent perimeter load-bearing wall is new construction.

APPEAL: A request for a review of an interpretation of any provision of this Standard or a request for a variance.

APPROVED: Approved by the authority having jurisdiction.

AREA OF SHALLOW FLOODING: A designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM) with flood depths during the base flood of from one to three feet 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: The land in the floodplain within a community subject to a 1°10 or greater chance of flooding in any given year.

BASE FLOOD ELEVATION: The elevation in relation to mean-sea-level (National Geodetic Vertical Datum -NGVD) expected to be reached by a flood having a 1 % chance of being equalled or exceeded in any given year.

BASEMENT: The portion of a building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALLS: Any type of walls using approved materials which are not a part of the structural support of the building and which are so designed to break away, under abnormally high tides or wave action, without damage to the structural integrity of the building or supporting foundation system on which they are used.

BUILDING: Any structure built for support, shelter or enclosure for any occupancy or storage.

COASTAL HIGH HAZARD AREA: An area within the regulatory floodplain which is subject to high velocity waters, including hurricane wave wash. This area is designated on FIRM as Zone V, VE, or V 1-30.

COMMUNITY: Any city, county or political subdivision which has authority to adopt and enforce flood plain management regulations for the areas within its jurisdiction.

DEVELOPMENT: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, permanent storage of materials, mining, dredging, filling, grading, paving, excavations, operations and other land disturbing activities.

ELEVATED BUILDING: A non-basement building built to have the bottom of the lowest horizontal structural member elevated above the ground level by means of pilings, columns (posts or piers), or shear walls parallel to the flow of water. Except for buildings located in a coastal high hazard area, elevation can also utilize fill or solid foundation perimeter walls.

ESTUARY: A water passage where the tide meets a stream current.

EXISTING CONSTRUCTION: Any structures for which the "start of construction" commenced before the effective date of the first floodplain management code, ordinance, or standard. "Existing construction" may also be referred to as "existing structures "

FLOOD or FLOODING: A general and temporary condition of partial or complete inundation of normally dry land from:
1) the overflow of inland or tidal waters,
2) the unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD HAZARD BOUNDARY MAP (FHBM): An official map of a community, issued by the Federal Insurance Administrator, where the boundaries of the special flood hazard areas have been defined as Zone A.

FLOOD INSURANCE RATE MAP (FIRM): An official map of a community, on which the federal insurance administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY: The official report provided by the federal insurance administrator containing the Flood Insurance Rate Map, the Flood Boundary Floodway Map, the water surface elevation of the base flood and supporting technical data.

FLOODPLAIN: Any land area, including watercourse, susceptible to partial or complete inundation by water from any source.

FLOODPLAIN MANAGEMENT REGULATIONS: Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, erosion control ordinance and court orders) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODPROOFING: A combination of structural modifications which result in a building, including the attendant utility and sanitary facilities, being watertight with walls substantially impermeable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy to the floodproofed design level.

FUNCTIONALLY DEPENDENT FACILITIES: A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading or unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities.

HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction, next to the proposed walls of a building.

LOWEST FLOOR: The floor of the lowest enclosed area, including basement, but excluding any unfinished or flood resistant enclosure, useable solely for vehicle parking, building access, or limited storage.

MANGROVE STAND: An assemblage of mangrove trees which are low trees noted for extensive development of interlacing roots above ground, and contain one or more of the following species: black mangrove (avicennia nitida), red mangrove (rhizophora mangle); white mangrove (longuncularia racemosa); and buttonwood (conocarpus erecta).

MEAN SEA LEVEL: The average height of the sea for all stages of the tide, used as a reference for establishing elevations within the floodplain. For purposes of this standard, the term is synonymous with National Geodetic Vertical Datum (NGVD).

MANUFACTURED HOME: A building that is transportable in one or more sections, built on a permanent chassis and constructed to the Federal Mobile Home Construction and Safety Standards and rules and regulations promulgated by the U S Department of Housing and Urban Development. The term also includes mobile homes, park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

NATIONAL GEODETIC VERTICAL DATUM (NGVD): National elevation reference system as identified by geological survey in 1929.

NEW CONSTRUCTION: Structures for which the "start of construction" commenced on or after the effective date of a community's first floodplain management regulations, code, ordinance or standard.

REGULATORY FLOODPLAIN: The area of the flood plain identified on the official flood plain map along with the water-surface profile of the base flood elevation (Note: The base flood elevation profile and regulatory flood plain is the 100 year frequency flood).

REGULATORY FLOODWAY: The channel of the river, creek, or other watercourse and the adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation and not more than one foot.

RIVERINE: Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

SAND DUNES: Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

START OF CONSTRUCTION: Date of permit issuance, provided actual start of construction is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds that are part of the main building.

STORMWATER DETENTION STORAGE: Stormwater runoff collected and stored for a period of time and released at a rate much less than the inflow rate.

SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value either:
(a) before the improvement or repair is started, or
(b) if the structure has been damaged and is being restored before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building

STRUCTURE: Any walled and roofed building that is principally above ground, as well as a mobile or manufactured home, a gas or liquid storage tank or other man-made facilities. The term does not, however, include any project for improvement of a building that is specifically required to comply with existing health sanitary or safety code specifications which are solely necessary to assure safe living conditions.

VARIANCE: A grant of relief from the requirements of this standard which permits construction in a manner otherwise prohibited by this standard where specific enforcement would result in unnecessary hardship.
VIOLATION-The failure of a structure or other development to be fully compliant with the provisions of this standard. A structure or other development without an elevation certificate or other certifications as required in this standard is presumed to be in violation until such time as that documentation is provided.

CHAPTER 3
PERMITS

301 GENERAL

301.1 Proposed Construction

A permit shall be required prior to the commencement of all proposed construction and other developments including the placement of manufactured homes, within the area of special flood hazard.

302 PROCEDURES

302.1 Application

Application for a development permit shall be made to the authority having jurisdiction on forms provided by that authority and shall include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing and proposed structures, fill, storage areas, and drainage facilities. Specifically, the application should include the following:

1. Elevation to relation to mean sea level of the proposed lowest horizontal structural member of the lowest floor (including basement) of all buildings,
2. Elevation in relation to mean sea level to which any non-residential building will be floodproofed,
3. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

302.2 Construction

As a part of the permit process, the applicant shall provide the elevation of the lowest horizontal structural member of the lowest floor, or floodproofing certification, once the lowest floor is complete. Upon placement of the lowest horizontal structural members of the lowest floor, the applicant shall submit to the authority having jurisdiction certification of the elevation of the lowest horizontal structural member of the lowest floor as built to relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the applicant's risk. The authority having jurisdiction shall review the submitted elevation data, and any deficiencies found shall be corrected by the permit holder immediately and prior to any further work being permitted to proceed.

CHAPTER 4
RESPONSIBILITIES OF THE AUTHORITY HAVING JURISDICTION

401 GENERAL
The responsibilities of the authority having jurisdiction shall include, but not be limited to, the items listed in this Chapter.

401.1 Review

All development permits shall be reviewed to assure that the permit requirements of this standard have been satisfied.

401.2 Required Permits

The authority having jurisdiction shall review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Clean Water Act Amendments of 1972, 33 U S.C 1334 and Section 10 of the Rivers and Harbors Act of 1899, 33 U.S C. 403. Copies of such permits shall be provided and maintained on file with the development permit.

401.3 Issuance

No development or land disturbing activity within an area of special flood hazard shall be undertaken until after issuance of a permit In case of land disturbing activity proposed in conjunction with construction for which a permit application has been filed, a site grading and drainage plan shall be approved prior to issuance of the permit.

401.4 Government Approval

Prior to any alteration or relocation of any watercourse, permits shall be obtained from the appropriate federal or state agency and/or the authority having jurisdiction and notification of such proposal shall be to the proper authorities of all affected adjacent government jurisdictions, as well as appropriate state agencies.

401.5 Engineering Analysis

An engineering analysis shall be required which demonstrates that the flood carrying capacity of the altered or relocated portion of the watercourse will not be decreased. Such water courses shall be maintained in a manner which preserves the channel's flood carrying capacity.

401.6 Determination of Base Flood Elevations

The authority having jurisdiction shall establish the floodplains, floodways and base flood elevations utilizing latest data available from a federal, state or other source. If not available, the party applying for the permit for the proposed development or land disturbing activity shall determine the base flood elevation in accordance with 501 3, using accepted hydrologic and hydraulic engineering techniques. Such analyses shall be undertaken by a professional engineer licensed in this state who shall certify that the technical methods used reflect currently accepted engineering practice. Studies, analyses, and computations shall be submitted in sufficient detail to allow thorough review and approval by the authority having jurisdiction. The accuracy of data submitted for such determination shall be the responsibility of the applicant.

401.7 Verification

It shall be the responsibility of the authority having jurisdiction to verify and record the actual lowest floor elevation and to assign required lowest floor elevation. The notation shall be made on the face of the permit. The lowest horizontal structural member of the lowest floor including basement of new or substantially improved residential construction must be elevated to or above the level of the base flood elevation

401.8 Floodproofing Verification

It shall be the responsibility of the authority having jurisdiction to verify and record the actual elevation to which any new or substantially improved non-residential construction has been elevated or floodproofed. The notation shall be made on the face of the permit.

401.9 Riverine Uses

In riverine situations, until a regulatory floodway is designated, no new construction, substantial improvement or other development, including landfill, shall be permitted unless the applicant demonstrates that the cumulative effect of the proposed use, when combined with all other existing and anticipated uses, will not increase the elevation of the base flood more than one ft. at any point within the community.

401.10 Coastal Areas

In coastal high hazard areas, the authority having jurisdiction shall review plans for the adequacy of breakaway walls in accordance with 802.4.

401.11 Alterations in Coastal Areas

In coastal high hazard areas, no alteration of sand dunes and mangrove stands shall be permitted until the applicant has provided an engineering analysis which demonstrates that the alteration will not increase the potential for flood damage.

401.12 Interpretations

Where interpretation is needed as to the exact location of the boundaries of the special flood hazard areas, the authority having jurisdiction shall make the necessary interpretation.

401.13 Records

All records pertaining to this standard shall be maintained by the authority having jurisdiction, and shall be open for public inspection.

402 CERTIFICATION

402.1 General

The development or building permit shall include the required elevation (NGVD) and actual elevation (NGVD) of the lowest floor (including basement). The actual elevation shall be obtained from the contractor or builder at the time of inspection of the flooring prior to further vertical construction. The authority having jurisdiction shall require that the actual elevation be certified by a registered engineer, land surveyor or architect.

402.2 Floodproofing Certification

For cases when floodproofing is utilized on a non-residential building as specified in Chapter 9, the authority having jurisdiction shall obtain certification from a registered professional engineer or architect that the floodproofing is in accordance with this Standard.

402.3 Coastal Construction Certification

In coastal high hazard areas, certification shall be obtained from a registered professional engineer or architect that the building is designed to be securely anchored to adequately anchored pilings or columns in order to withstand velocity waters, wave action and wind loadings, that are associated with the l % annual chance flood.

402.4 Certification Records

The certifications required in order to meet the provisions of this standard shall be attached to the permit copy, and be permanently maintained by the authority having jurisdiction .

CHAPTER 5
DEVELOPMENT STANDARDS

501 SUBDIVISION

501.1 Subdivision and New Development Review

Any subdivision proposal or other proposed new development in an area of special flood hazard shall be reviewed to assure that:

1. all such proposals are consistent with the need to minimize flood damage within the area of special flood hazard, and
2. all public utilities and facilities, such as sewer, gas, electric, and water systems are located and constructed to minimize or eliminate flood damage, and
3. adequate drainage is provided to reduce exposure to flood hazards.

501.2 Subdivision Requirements

In addition to those requirements set forth elsewhere in this standard relative to the subdivision of land, the following requirements shall apply in the case of any proposed subdivision, any portion of which lies within an area of special flood hazard
1. The area of special flood hazard shall be delineated on tentative and final subdivision plats.
2. Residential building lots shall be provided with adequate buildable area outside the regulatory floodway.
3. The design criteria for utilities and facilities set forth in this standard shall be met.

501.3 Base Flood Elevations

All subdivision proposals and other proposed developments within the area of special flood hazard, shall include with such proposals the base flood elevation data, as specified to 401.6.

502 IMPROVEMENTS

502.1 General

Development or land disturbing activity shall not be permitted within the boundaries of the regulatory floodway unless the potential effect of such on flood heights is fully offset by accompanying improvements which have been approved by appropriate federal, state, and local authorities.

502.2 Sewer Facilities

All new or replaced sanitary sewer facilities, private sewer treatment plants (including all pumping stations and collector systems) and on site waste disposal systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into the floodwaters. In addition, they shall be located and constructed so as to minimize or eliminate flood damage and impairment.

502.3 Water Facilities

All new or replacement water facilities shall be designed to minimize or eliminate infiltration of flood waters into the system and shall be located and constructed so as to minimize or eliminate flood damage.

502.4 Storm Drainage Facilities

All storm drainage facilities shall be designed to convey the flow of surface waters so as to minimize or eliminate damage to persons or property The system shall ensure drainage away from buildings and on-site disposal sites. The authority having jurisdiction may require a primary underground system to accommodate larger, less frequent floods Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.

502.5 Streets And Sidewalks

Streets and sidewalks shall be designed to minimize potential for increasing or aggravating flood levels.

503 STORM WATER RETENTIONS

503.1 Site Design

Develop a site design that will not cause the pre-development peak runoff from a 10 year storm to increase Individual lots to subdivision developments shall not be considered as separate projects, rather the subdivision development as a whole shall be considered as a single project.

503.2 Mitigating Measures

Provide stormwater detention storage, channel improvement or other mitigating measures.

503.3 Written Permission

Obtain written permission from downstream property owners, unless channel is to an existing city-owned drainage easement, to improve the receiving channel to an adequate channel condition. Such improvements shall extend downstream until an adequate channel section is reached. Cost of such improvements shall be borne by the developer. Sufficient engineering calculations shall accompany the plan, submitted for verification of obtaining adequate channel condition.

503.4 Maintenance Plan

If stormwater detention storage is included, owner must provide the authority having jurisdiction with a plan for the maintenance of the detention facility. Said plan shall set forth the maintenance requirements of the facility and the party responsible for performing the maintenance.

CHAPTER 6
CONSTRUCTION STANDARDS

601 ELEVATION STANDARDS

601.1 Location of the Lowest Structural Member. The lowest horizontal structural members of the lowest floor, including basements, but excluding footings, pilings, columns, pile caps, nonstructural slabs, bracing and grade beams, shall be elevated feet above the base flood elevation in the following types of buildings:

1. Residential buildings including manufactured homes.
2. All other use group buildings, except that buildings to this category need not meet this requirement if the building and its utility and sanitary facilities are floodproofed to or above the base flood elevation in accordance with the flood proofing provisions of Chapter 9.

602 ANCHORING STANDARDS

602.1 General

The structural systems of all buildings and structures, including manufactured homes, shall be designed, connected and anchored to prevent flotation, collapse and permanent lateral movement due to flooding.

603 CONSTRUCTION STANDARDS

603.1 Construction Elevations

603.1.1 All new construction or substantial improvement of residential structures and nonresidential structures within the special flood hazard areas must have the lowest horizontal structural member of the lowest floor including basement elevated to or above the base flood level as specified in 600.1.

603.1.2 A nonresidential structure and its attendant utility and sanitary facilities may be constructed below the base flood elevation provided that the nonresidential structure and its attendant utility and sanitary facilities are floodproofed up to the base flood in accordance with the provisions of Chapter 9.

603.2 Walls Below Base Flood Elevation

All new construction and 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 allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a professional engineer or meet the following minimum criteria a minimum of two openings having a total net area of no less than 1 sq in for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than 1 ft above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. Walls constructed in coastal high hazard areas shall comply with 802.4.

603.3 Uses Below Base Flood Elevation

For all new construction and substantial improvements, the enclosed area below an elevated building shall be used solely for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, and access to the elevated living area. Access to the lower enclosed area shall be the minimum necessary to allow the above uses. The interior portion of the lower enclosed area shall not be partitioned or finished into separate rooms.

603.4 Flood Damage Reduction

All new construction and substantial improvements shall be constructed with materials and mechanical equipment that are resistant to flood damage, and such construction shall utilize methods that minimize flood damage.

603.5 Utility Protection

All utilities such as heating, ventilation, plumbing, air conditioning, electrical and telephone systems and other service facilities shall be designed and located so as to prevent water from entering or accumulating within the components and to minimize the chance of impairment during flooding.

603.6 Water Supply Systems

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

603.7 Sanitary Sewage Systems

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

604 MANUFACTURED HOMES

604.1 Installation

All manufactured homes to be located in a special flood hazard area shall be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to the anchoring requirements provided in Appendix H of the Standard Building Code, which also apply.

604.2 Foundation

All manufactured homes to be located in a special flood hazard area shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation, and be securely anchored to an adequately anchored foundation system to accordance with 604.1.

604.3 Placement of Manufactured Homes

The placement of manufactured homes shall not be permitted within designated floodway or coastal high hazard area.

605 STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES)

605.1 General

Located within the areas of special flood hazard established to 101.3 are areas designated as shallow flooding areas, or AO Zones. These areas have special flood hazards associated with base flood depths of one or more feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate.

605.2 Residential Standards

All new construction and substantial improvements of residential buildings shall have the lowest horizontal structural member, including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade.

605.3 Non-residential Construction

All new construction and substantial improvements of non-residential buildings shall:

1. have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade, or;
2. together with attendant utility and sanitary facilities be completely floodproofed to or above the base flood depth as specified in Chapter 9.

605.4 Drainage

Within AO and AH Zones, adequate drainage paths shall be provided around structures located on slopes to guide flood waters around and away from structures.

CHAPTER 7
FLOODWAYS

701 GENERAL

701.1 Selection

The authority having jurisdiction shall select and adopt a regulatory floodway as defined in 202 based on the authority specified in 102.3.

702 DEVELOPMENT

702.1 Provisions

No encroachments, including fill, new construction, substantial improvements and other development or land disturbing activity shall be permitted within a floodway unless certification, along with supporting technical data, is provided by a registered engineer demonstrating that such development will not cause any increase in flood levels during the occurrence of the base flood discharge.

CHAPTER 8
COASTAL CONSTRUCTION

801 ELEVATION STANDARDS

801.1 Application

The provisions of Chapter 8 apply to structures and development located in a coastal high hazard area. The other provisions of this standard, especially those in Chapter 6, apply to all structures and development in an area of special flood hazard, including those located in coastal high hazard areas.

801.2 Location of the Lowest Structural Member

In coastal high hazard areas, the lowest portion of the structural members of the lowest floor excluding the pilings, or columns, pile caps, nonstructural slabs, bracing and grade beams of all construction shall be elevated feet above the base flood elevation.

802 CONSTRUCTION STANDARDS

802.1 Anchoring

All new construction and substantial improvements within an area identified as a coastal high hazard area shall be elevated on pilings or columns in accordance with 801.2, and securely anchored to resist flotation collapse and permanent lateral movement due to the effects of wind and water loading values shall be that which equals or exceeds the 100 year recurrence interval. The design wind loading value shall be that specified in Section 1606 of the Standard Building Code. Foundations shall have adequate soil penetrations to resist the combined wave and wind loads (lateral and uplift) to which they are likely to be subjected during a flood to the base flood elevation. Embedment depths shall take into account reduced resistance capacity caused by scour of surrounding soil strata. Pile system design and installation shall also be made in accordance with the provisions of Chapter 18 of the Standard Building Code. Mat or raft foundations shall not be permitted where soil materials are subject to scour and erosion from wave velocity conditions.

802.3 Components

All buildings and structures shall have all components including floor frames, walls, roofs, sheathing, and weather boarding securely fastened and adequately interconnected to resist the loads anticipated during flooding to an elevation equal to the base flood level.

802.4 Breakaway Walls

In coastal high hazard areas, all new construction and substantial improvements must have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood latticework, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per sq ft. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per sq ft either by design or when so required by local or state codes may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:

1. breakaway wall collapse shall result from a water load less than that which would occur during the base flood, and
2. the elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components structural and nonstructural. Such enclosed space shall be useable solely for parking of vehicles, building access or storage, and shall not be designed or used for human habitation.

802.5 Use of Fill

In coastal high hazard areas, the use of fill material for structural support is prohibited. Noncompacted fill may be used away from the perimeter of a building for landscaping or aesthetic purposes providing the fill will wash away under storm surge, thereby rendering the building free of obstruction, prior to generating excessive loading forces, ramping effects or wave deflection. The authority having jurisdiction shall approve design plans only after the applicant has provided an analysis by an engineer, architect or soils scientist which demonstrates that:
1. Particle composition of fill material does not have a tendency for excessive natural compaction,
2. Volume and distribution of fill will not cause wave deflection to adjacent properties; and
3. Slope of fill will not cause wave run-up or ramping.

802.6 Coastal Location

All new construction within a coastal high hazard area must be located landward of the reach of mean high tide.

802.7 Certification

A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and construction methods to be used are m accordance with the provisions of 801.2 and 802.1 through 802.4.

CHAPTER 9
FLOODPROOFING

901 FLOODPROOFING MEASURES

901.1 General

Floodprooftng shall comply with classification standards FP1 and FP2, contained to the U S Army Corps of Engineers "Floodprooftng Regulations" or other approved methods.

901.2 Location

Floodproofing shall not be permitted to a designated floodway or m a coastal high hazard area.

901.3 Walls Below Flood Level

All buildings and structures of all use groups except residential may be floodproofed with walls which are substantially impermeable to the passage of water below the base flood level and with structural components capable of resisting hydrostatic and hydrodynamic loads, and particularly, the effects of buoyancy.

901.4 Protective Measures

Floodproofing measures shall be designed consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the base flood. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the base flood elevation and associated flood factors for the particular area.

The following floodproofing measures shall be part of the plan:
1. Anchorage to resist flotation and lateral movement.
2. Installation of watertight doors, bulkheads, and shutters, or similar methods of construction.
3. Reinforcement of walls to resist water pressures.
4. Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.
5. Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup sewage and storm waters into the buildings or structures.
6. Location of all electrical equipment, circuits and installed electrical appliances in a manner which will minimize flooding and provide protection from inundation by the flood.
7. Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to public health, safety and welfare to a manner which will assure that the facilities are situated at elevations above the height associated with the base flood elevation.

CHAPTER 10
VARIANCES

1001 GENERAL

1001.1 Authority

An appeal board as established by the authority having jurisdiction shall hear and decide appeals and requests for variances from the requirements of this standard. This shall include appeals when it is alleged that there is an error in any requirement, decision, or determination made in the enforcement of this standard. The appeal board has the right to attach such conditions to the variance as it deems necessary to further the purposes and objectives of this standard.

1001.2 Exception for Historic Structures

Variances may be issued for the reconstruction, rehabilitation or restoration of buildings listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this chapter, providing that the variance is the minimum necessary so as not to destroy the historic character and design of the building, that the proposed reconstruction, rehabilitation or restoration will not result in the building losing its historical designation.

1001.3 Restrictions

Variances shall specifically not be issued from any construction standards except as specified in 1001.2, nor shall variances be issued from encroachment standards of floodways if any increase in flood levels during the base flood discharge would result.

1001.4 Considerations

In reviewing applications for a variance, the appeal board shall consider all technical evaluations, all relevant factors, all other portions of this standard, and the following:
1. the danger that materials may be swept onto other lands resulting in further injury or damage;
2. the danger to life and property due to flooding or erosion damage,
3. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the owner,
4. the importance of the services provided by the proposed facility to the community,
5. the necessity of the facility to a waterfront location in the case of a functionally dependent facility,
6. the availability of alternate locations for the proposed use that are not subject to flooding or erosion;
7. the compatibility of the proposed use with existing and anticipated development,
8. the relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9. the safety of access to the property in times of flood for ordinary and emergency vehicles;
10. the expected heights, velocity, duration, rate of rise, and debris and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site, and,
11. 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, streets and bridges.

1001.5 Conditions for Issuance

Upon consideration of the factors listed in 1001.4, variances shall only be issued by the authority having jurisdiction from the elevation standards upon:
1. a technical showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site renders the elevation standards inappropriate, and
2. a determination that failure to grant the variance would result m exceptional hardship by rendering the lot undevelopable, and
3. a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances, and
4. a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and
5. submission to the applicant of written notice specifying the difference between the base flood elevation and the elevation to which the building is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation.

1001.6 Records

The authority having jurisdiction shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

CHAPTER 11
REFERENCES

The following is a list of reference publications related to floodplain management:

Coastal Construction Manual, FEMA 55, February 1986
Design Guidelines for Flood Loss Reduction, FEMA 15,December 1981
Elevated Residential Structures, FEMA 54, March 1984
Floodproofing Nonresidential Structures, FEMA 104, April 1986
Manufactured Home Installation in Flood Hazard Areas, FEMA 85, September 1985
Floodproofing Regulations, Corps of Engineers, EP 1165.2.314., June 1972