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(A) No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of 20 feet each side from top of bank or five times the width of the stream, whichever is greater, unless certification with supporting technical data by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(B) The BFE used in determining the regulatory flood protection elevation shall be determined based on the following criteria:
(3) All subdivision, manufactured home park and other development proposals shall provide base flood elevation (BFE) data if development is greater than five acres or has more than 50 lots/manufactured home sites. Such base flood elevation (BFE) data shall be adopted by reference in accordance with § 93.21 and utilized in implementing this chapter.
(4) When base flood elevation (BFE) data is not available from a Federal, state, or other source as outlined above, the reference level shall be elevated or floodproofed (nonresidential) to or above the regulatory flood protection elevation, as defined in § 93.05. All other applicable provisions of § 93.42 shall also apply.
(Ord. 08-32, passed 9-3-08; Am. Ord. 19-33, passed 9-3-19; Am. Ord. 21-26, passed 7-12-21) Penalty, see § 93.99
Along rivers and streams where base flood elevation (BFE) data is provided by FEMA or is available from another source but neither floodway nor non-encroachment areas are identified for a special flood hazard area on the FIRM or in the FIS report, the following requirements shall apply to all development within such areas:
(B) Until a regulatory floodway or non-encroachment area is designated, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
(Ord. 08-32, passed 9-3-08; Am. Ord. 19-33, passed 9-3-19; Am. Ord. 21-26, passed 7-12-21) Penalty, see § 93.99
Areas designated as floodways or non-encroachment areas are located within the special flood hazard areas established in § 93.21. The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to standards outlined in §§ 93.41 and 93.42, shall apply to all development within such areas:
(A) No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless:
(1) It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Floodplain Administrator prior to issuance of floodplain development permit; or
(2) A conditional letter of map revision (CLOMR) has been approved by FEMA. A letter of map revision (LOMR) must also be obtained upon completion of the proposed encroachment.
(B) If § 93.45(A) is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this chapter.
(C) No manufactured homes shall be permitted, except replacement manufactured homes in an existing manufactured home park or subdivision, provided the following provisions are met:
(1) The anchoring and the elevation standards of § 93.42(C); and
(2) The no encroachment standard of § 93.45(A).
(Ord. 08-32, passed 9-3-08; Am. Ord. 19-33, passed 9-3-19; Am. Ord. 21-26, passed 7-12-21) Penalty, see § 93.99
Located within the special flood hazard areas established in § 93.21, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to §§ 93.41 and 93.42, all new construction and substantial improvements shall meet the following requirements:
(A) The reference level shall be elevated at least as high as the depth number specified on the flood insurance rate map (FIRM), in feet, plus a freeboard of two feet, above the highest adjacent grade; or at least two feet above the highest adjacent grade if no depth number is specified.
(B) Non-residential structures may, in lieu of elevation, be floodproofed to the same level as required in § 93.46(A) so that the structure, together with attendant utility and sanitary facilities, below that level shall be watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required in accordance with §§ 93.32(C), 93.42(B).
(C) Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
(Ord. 08-32, passed 9-3-08; Am. Ord. 19-33, passed 9-3-19; Am. Ord. 21-26, passed 7-12-21) Penalty, see § 93.99
LEGAL STATUS PROVISIONS
This chapter in part comes forward by re-enactment of some of the provisions of the Flood Damage Prevention Ordinance enacted November 23, 1981 as amended, classified as Chapter 93 of the Code of Ordinances of the City of Albemarle and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this chapter shall not affect any action, suit or proceeding instituted or pending. All provisions of the flood damage prevention ordinance of the City of Albemarle enacted on November 23, 1981, as amended, which are not reenacted herein are repealed. The date of the initial Flood Damage Prevention Ordinance for Stanly County is December 1, 1981.
(Ord. 08-32, passed 9-3-08; Am. Ord. 19-33, passed 9-3-19; Am. Ord. 21-26, passed 7-12-21) Penalty, see § 93.99
Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the Floodplain Administrator or his or her authorized agents before the time of passage of this chapter; provided, however, that when construction is not begun under such outstanding permit within a period of six months subsequent to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of this chapter.
(Ord. 08-32, passed 9-3-08; Am. Ord. 19-33, passed 9-3-19; Am. Ord. 21-26, passed 7-12-21) Penalty, see § 93.99
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