(A) Development Restrictions
In general, no development is allowed in Special Flood Hazard Areas or Future Conditions Flood Hazard Areas unless one or more of the following are met:
(1) A special use is approved;
(2) The property/use is exempted from this requirement; and/or
(3) The development is for roads, greenways, pedestrian crossings, park-related equipment, or public utilities and facilities such as wastewater, gas, electrical, and water systems that are located and constructed to minimize flood damage.
Structures for pedestrian crossings (e.g., footbridges, etc.), playground equipment, and other similar items may be permitted if the applicant provides certification by a professional registered engineer, architect, or landscape architect that these encroachments will not result in any increase in flood levels during the base flood.
(B) Development Standards
No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance with the terms of this ordinance and other applicable regulations.
If development or encroachments are permitted, the following standards shall apply in Special Flood Hazard Areas and Future Conditions Flood Hazard Areas.
(1) An engineering study must be performed to determine whether an adverse impact will result from development in the flood fringe portion of the Special Flood Hazard Area or Future Conditions Flood Hazard Area and must be submitted with the floodplain development permit application. For purposes of this Section 14.7.3 an "adverse impact" includes, but is not limited to, a reduction of floodplain storage greater than ten percent (10%), an increase in one hundred (100) year average channel velocities greater than ten percent (10%), any increase in one hundred (100) year water surface elevation, the potential for aggravating a known existing drainage problem or creating a new drainage problem, as determined by the Stormwater Manager.
(2) All new non-residential construction and substantial improvements to existing non-residential construction shall be:
(a) Anchored to prevent flotation, collapse, or lateral movement of the structure; and
(b) Constructed with materials and utility equipment resistant to flood damage; and
(c) Constructed by methods and practices that minimize flood damage.
(3) All new and replacement electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and constructed to prevent water from entering or accumulating in or on the components.
(4) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(5) New and replacement sanitary sewer systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the system into flood waters.
(6) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(7) Nothing in this ordinance shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this ordinance and located totally or partially within the floodway, non-encroachment area, or stream setback, provided there is no additional encroachment below the regulatory flood protection elevation in the floodway, non-encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this ordinance.
(8) New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted in Special Flood Hazard Areas or Future Conditions Flood Hazard Areas, except by variance as specified in Section 3.20. A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a Special Flood Hazard Area or a Future Conditions Flood Hazard Area only if the structure or tank is either elevated or floodproofed to at least the regulatory flood protection elevation and certified according to Section 14.7.3(D)(3) of this ordinance.
(C) Additional Development Standards and Restrictions for Areas with Established Base Flood Elevation Data
(1) Residential Construction
(a) New construction of or substantial improvements to any residential structure shall be located outside Special Flood Hazard Areas and Future Conditions Flood Hazard Areas and shall have the lowest floor, including basement, elevated no lower than the regulatory flood protection elevation as defined. "Substantial improvement" is defined in Chapter 12.
Residential Construction 2'-0" Above Base Flood Elevation
(b) No proposed building lot that is wholly or partly subject to flooding shall be approved unless there is established on the final plat a line representing an actual contour as determined by field survey at elevation of the regulatory flood protection elevation as determined by the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps, or by other studies approved by Cary. Such a line shall be known and identified on the development plan and final plat as the "Building Restriction Flood Line."
(c) Placement of fill within the floodway, non-encroachment area, and/or flood fringe is prohibited unless such activities are authorized through a Special Use Permit.
(2) Non-Residential Construction Approved within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas
(a) New construction of or substantial improvements to any commercial, industrial, or other non-residential structure shall have the lowest floor, including basement, elevated no lower than the regulatory flood protection elevation as defined in Chapter 12, with attendant utilities and sanitary facilities flood-proofed.
(b) For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on the exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must be certified by a registered Professional Engineer or architect, or must meet or exceed the following minimum criteria:
1. 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 shall be provided;
2. The bottom of all openings shall be no higher than one (1) foot above grade;
3. Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters; and
4. A registered professional engineer or architect shall certify to the Floodplain Administrator that the standards of this section are satisfied.
(D) Application Requirements
(1) Application for a floodplain development permit shall be made to the Floodplain Administrator prior to any development activities located within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas. The following items shall be presented to the Floodplain Administrator to apply for a floodplain development permit:
(a) A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:
1. the nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;
2. the boundary of the Special Flood Hazard Area or Future Conditions Flood Hazard Area as delineated on the FIRM or other flood map as determined in Section 14.7.2(A), or a statement that the entire lot is within the Special Flood Hazard Area or Future Conditions Flood Hazard Area;
3. flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in Section 14.7.2(A);
5. the Base Flood Elevation (BFE) or Future Conditions Flood Elevation where provided as set forth in Section 14.7.2;
6. the old and new location of any watercourse that will be altered or relocated as a result of proposed development;
7. certification of the plot plan by a registered land surveyor or professional engineer.
(b) Proposed elevation, and method thereof, of all development within a Special Flood Hazard Area or Future Conditions Flood Hazard Area including but not limited to:
1. Elevation in relation to NAVD 1988 of the proposed reference level (including basement) of all structures;
2. Elevation in relation to NAVD 1988 to which any non-residential structure in Zone AE, A or X (Future) will be flood-proofed; and
3. Elevation in relation to NAVD 1988 to which any proposed utility systems will be elevated or floodproofed;
(c) If floodproofing, a Floodproofing Certificate (FEMA Form 81-65) with supporting data and an operational plan that includes, but is not limited to, installation, exercise, and maintenance of floodproofing measures.
(d) A Foundation Plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this ordinance are met. These details include but are not limited to:
1. The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/ posts/piers/piles/shear walls);
2. Openings to facilitate equalization of hydrostatic flood forces on walls in accordance with Section 14.7.3(E)(1)(c) 1 through 6, when solid foundation perimeter walls are used in the SFHA;
(e) Usage details of any enclosed areas below the regulatory flood protection elevation.
(f) Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage;
(g) Copies of all other Local, State and Federal permits required prior to floodplain development permit issuance (Wetlands, Endangered Species, Erosion and Sedimentation Control, Mining, etc.)
(h) Documentation for placement of Recreational Vehicles and/or Temporary Structures, when applicable, to ensure Section 14.7.3(F)(5)(b) ordinance are met.
(i) A description of proposed watercourse alteration or relocation, when applicable, including 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 a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.
(2) Permit Requirements
The floodplain development permit shall include, but not be limited to:
(a) A complete description of all the development to be permitted under the floodplain development permit. (e.g. house, garage, pool, septic, bulkhead, cabana, pier, bridge, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials, etc.).
(b) The Special Flood Hazard Area or Future Conditions Flood Hazard Area determination for the proposed development per available data specified in Section 14.7.3(A).
(c) The regulatory flood protection elevation required for the reference level and all attendant utilities.
(d) The regulatory flood protection elevation required for the protection of all public utilities.
(e) All certification submittal requirements with timelines.
(f) A statement that no fill material or other development shall encroach into the floodway or non-encroachment area of any watercourse, as applicable.
(g) The flood openings requirements, if in SFHA.
(h) Limitations of below RFPE enclosure uses (i.e., parking, building access and limited storage only) if applicable.
(i) A statement, that all materials below RFPE must be flood resistant materials.
(3) Certification Requirements
(a) Elevation Certificates
1. An Elevation Certificate (FEMA Form 81-31) or a Cary Lowest Floor Certificate within non-FEMA SFHA, is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to NAVD 1988. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.
2. An Elevation Certificate (FEMA Form 81-31) or a Cary Lowest Floor Certificate within non-FEMA SFHA, is required after the reference level is established. Within seven (7) calendar days of establishment of the reference level elevation, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to NAVD 1988. Any work done within the seven (7) day calendar period and prior to submission of the certification shall be at the permit holder's risk. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project.
3. A final as-built Elevation Certificate (FEMA Form 81-31) or a Cary Lowest Floor Certificate within non-FEMA SFHA, is required after construction is completed and prior to Certificate of Compliance/Occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities in relation to NAVD 1988. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/ Occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy.
(b) Floodproofing Certificate
1. If non-residential floodproofing is used to meet the regulatory flood protection elevation requirements, a Floodproofing Certificate (FEMA Form 81-65), with supporting data and an operational plan, is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to NAVD 1988. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The Floodplain Administrator shall review the certificate data and plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy.
2. A final Finished Construction Floodproofing Certificate (FEMA Form 086-0-34), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the issuance of a Certificate of Compliance/Occupancy. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to NAVD 1988. Floodproofing certificate shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The Floodplain Administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to Certificate of Occupancy. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to deny a Certificate of Compliance/Occupancy.
(c) If a manufactured home is placed within the SFHA and the elevation of the chassis is more than thirty-six (36) inches in height above grade, an engineered foundation certification is required per Section 14.7.7(A), (B) and (C).
(d) If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; a professional engineer's certified 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 a map showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance of a floodplain development permit.
(e) Certification Exemptions
The following structures, if located within the SFHA, are exempt from the elevation/floodproofing certification requirements specified in items (a) and (b) of this subsection:
1. recreational Vehicles meeting requirements of Section 14.7.3(F)(5);
2. temporary Structures meeting requirements of Section 14.7.3(F)(6); and
3. accessory Structures less than one hundred fifty (150) square feet meeting requirements of Section 14.7.3(H).
(4) Determinations for existing buildings and structures
For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:
(a) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;
(b) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;
(c) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and
(d) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the NC Building Code and this ordinance is required.
(E) Additions/Improvements
(1) Elevated Buildings
Fully enclosed area, of new construction and substantially improved structures, which is below the lowest floor:
(a) shall not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). The interior portion of such enclosed area shall not be finished or partitioned into separate rooms, except to enclose storage areas;
(b) shall be constructed entirely of flood resistant materials below the regulatory flood protection elevation;
(c) shall include, in the SFHA, flood openings to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a qualified professional or meet or exceed the following minimum design criteria;
1. a minimum of two (2) flood openings on different sides of each enclosed area subject to flooding;
2. the total net area of all flood openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding;
3. if a building has more than one (1) enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit;
4. the bottom of all required flood openings shall be no higher than one (1) foot above the adjacent grade;
5. flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and
6. enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above.
(F) Additions/Improvements to Existing Structures
(1) For additions and/or improvements to pre-FIRM structures located within the Special Flood Hazard Area or Future Flood Conditions Hazard Area when the addition and/or improvements in combination with any interior modifications to the existing structure are:
(a) not a substantial improvement, the addition and/or improvements must be designed to minimize flood damages and must not be any more non- conforming than the existing structure.
(b) a substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction contained in Section 14.7.3(B) and (C).
(2) Additions to post-FIRM structures located within the Special Flood Hazard Area or Future Flood Conditions Hazard Area with no modifications to the existing structure other than a standard door in the common wall shall require only the addition to comply with the standards for new construction contained in Section 14.7.3(B) and (C).
(3) Additions and/or improvements to post-FIRM structures located within the Special Flood Hazard Area or Future Flood Conditions Hazard Area when the addition and/or improvements in combination with any interior modifications to the existing structure are:
(a) not a substantial improvement, the addition and/or improvements only must comply with the standards for new construction contained in Section 14.7.3(B) and (C).
(b) a substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction contained in Section 14.7.3(B) and (C).
(4) For either a pre-FIRM or post-FIRM structure located within the Special Flood Hazard Area or Future Flood Conditions Hazard Area, where an independent perimeter load-bearing wall is provided between the addition and the existing building, the addition(s) shall be considered a separate building and only the addition must comply with the standards for new construction contained in Section 14.7.3(B) and (C).
(5) Recreational Vehicles
Recreational vehicles shall either:
(a) be on site for fewer than one hundred and eighty (180) consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions); or
(b) meet all the requirements for new construction.
(6) Temporary Non-Residential Structures
Prior to the issuance of a Floodplain Development Permit for a temporary structure, the applicant must submit to the Floodplain Administrator a plan for the removal of such structure(s) in the event of a hurricane, flash flood or other type of flood warning notification. The following information shall be submitted in writing to the Floodplain Administrator for review and written approval;
(a) a specified time period for which the temporary use will be permitted. Time specified may not exceed three (3) months, renewable up to one (1) year;
(b) the name, address, and phone number of the individual responsible for the removal of the temporary structure;
(c) the time frame prior to the event at which a structure will be removed (i.e., minimum of seventy-two (72) hours before landfall of a hurricane or immediately upon flood warning notification);
(d) a copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure; and
(e) designation, accompanied by documentation, of a location outside the Special Flood Hazard Area or Future Conditions Flood Hazard Area, to which the temporary structure will be moved.
(G) Accessory Structures
When accessory structures (sheds, detached garages, etc.) are to be placed within a Special Flood Hazard Area or Future Conditions Flood Hazard Area, the following criteria shall be met:
(1) Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking or restroom areas);
(2) Accessory structures shall not be temperature-controlled;
(3) Accessory structures shall be designed to have low flood damage potential;
(4) Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;
(5) Accessory structures shall be firmly anchored in accordance with Section 14.7.3(C)(2);
(6) All service facilities such as electrical shall be installed in accordance with Section 14.7.3(C)(2)(a);
(7) Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below regulatory flood protection elevation in conformance with Section 14.7.3(C)(2)(b)1 through 6.
An accessory structure with a footprint less than one hundred fifty (150) square feet that satisfies the criteria outlined above does not require an elevation or floodproofing certificate. Elevation or floodproofing certifications are required for all other accessory structures in accordance with Section 14.7.3(D)(3).