In all areas of special flood hazard, the following provisions are required:
(A) All new construction, reconstruction or repairs made to a repetitive loss structure, and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure;
(B) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the FPG;
(C) New construction and substantial improvements must incorporate methods and practices that minimize flood damage;
(D) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be located at/above the FPG for residential structures. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be located at/above the FPG or designed so as to prevent water from entering or accumulating within the components below the FPG for non-residential structures. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG;
(E) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
(F) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
(G) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;
(H) Any alteration, repair, reconstruction, or improvements to a structure that is in compliance with the provisions of this chapter shall meet the requirements of new construction as contained in this chapter;
(I) Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions), which is greater than the lesser of fifty (50) lots or five (5) acres;
(J) Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple base flood elevations, or both, the development activity must comply with the provisions of this chapter applicable to the most restrictive flood zone and the highest base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development;
(K) Fill projects that do not involve a structure must be protected against erosion and scour during flooding by vegetative cover, riprap, or bulk heading. If vegetative cover is used, the slopes shall be no steeper than three (3) feet horizontal to one (1) foot vertical;
(L) Non-conversion agreements shall be required for all new or substantially improved elevated structures with an enclosure beneath the elevated floor, accessory structures, and open-sided shelters;
(M) Construction of new solid waste disposal facilities, hazard waste management facilities, salvage yards, and chemical storage facilities shall not be permitted in areas of special flood hazard; and
(N) Whenever any portion of the SFHA is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the BFE shall be compensated for and balanced by an equivalent volume of excavation taken below the BFE. The excavation volume shall be at least equal to the volume of storage lost (replacement ratio of one to one) due to the fill or structure.
(1) The excavation shall take place in the same floodplain on the same property on which the authorized fill or structure is located, provided sufficient space exists. If sufficient space does not exist on the same property, the excavation shall take place in the same floodplain no further than one thousand (1,000) feet from the site of the authorized fill or structure, provided authorization/permission has been granted by the owners of any property where the excavation is proposed.
(2) Under certain circumstances, the excavation may be allowed to take place outside of but adjacent to the floodplain provided that the excavated volume will be below the regulatory flood elevation, will be in the same property in which the authorized fill or structure is located, will be accessible to the regulatory floodwater, will not be subject to ponding when not inundated by floodwater, and that it shall not be refilled.
(3) The excavation shall provide for true storage of floodwater but shall not be subject to ponding when not inundated by floodwater.
(4) The excavation shall be sufficiently stabilized and compacted to remain firm and resist erosion.
(5) A restrictive covenant which states the approved compensatory cut area (excavation) shall not be altered without approval from the Floodplain Administrator shall be executed and recorded in the County Recorder’s Office that runs with the property.
(6) The fill or structure shall not obstruct a drainage way leading to the floodplain.
(7) The grading around the excavation shall be such that the excavated area is accessible to the regulatory floodwater.
(8) The fill or structure shall be of a material deemed stable enough to remain firm and in place during periods of flooding and shall include provisions to protect adjacent property owners against any increased runoff or drainage resulting from its placement. When a structure is placed on fill it shall follow additional requirements of §§ 152.42(B)(4) and 152.42(C)(4).
(9) Plans depicting the areas to be excavated and filled shall be submitted prior to the actual start of construction or any site work; once site work is complete, but before the actual start of construction, the applicant shall provide to the Floodplain Administrator a certified survey of the excavation and fill sites demonstrating the fill and excavation comply with this subchapter.
(Ord. 2022-11, passed 6-9-22)