§ 11.05  PROVISIONS FOR FLOOD HAZARD REDUCTION.
   11.05.01   General Construction Standards.  In all special flood hazard areas the following provisions are required:
   (A)   All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
   (B)   Manufactured homes shall be anchored to prevent flotation, collapse, and 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;
   (C)   All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;
   (D)   New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage;
   (E)   Electrical, heating, ventilation, plumbing, air condition 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; and if
   (F)   Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.
   (G)   New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
   (H)   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;
   (I)   On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;
   (J)   Any alteration, repair, reconstruction, or improvements to a structure, which is not in compliance with the provisions of this article shall meet the requirements of “new construction” as contained in this article;
   (K)   Any alteration, repair, reconstruction, or improvements to a structure, which is not in compliance with the provisions of this article, shall be undertaken only if said nonconformity is not furthered, extended, or replaced.
   11.05.02   Specific Standards.  In all special flood hazard areas where base flood elevation data have been provided, as set forth in § 11.03.02, the following provisions are required:
   (A)   Residential construction:  New construction and substantial improvement of any residential structure (including manufactured home) shall have the lowest floor, including basement, mechanical equipment, and ductwork elevated no lower than two feet above the base flood elevation.  Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate automatic equalization of hydrostatic flood forces on walls shall be provided in accordance with standards of § 11.05.02(C).
      (1)   In an AO zone, the lowest floor shall be elevated above the highest adjacent grade to a height equal to or higher than the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified.
      (2)   In an A zone, where no technical data has been produced by the Federal Emergency Management Agency, the Floodplain Administrator will determine the method by which base flood elevations are determined.  Methods include, but are not limited to, detailed hydrologic and hydraulic analyses, use of existing data available from other sources, approximate methods, use of historical data, best supportable and reasonable judgment in the event no data can be produced.  The lowest floor shall be elevated no lower than two feet above such base flood elevation.  Title 401 KAR (Kentucky Administrative Regulations) Chapter 4, Regulation 060, Section 5(5)a, states as a part of the technical requirements for a state floodplain permit:  “The applicant shall provide cross sections for determining floodway boundaries (and thereby Base Flood Elevations) at any proposed construction site where FEMA maps are not available.  All cross sections shall be referenced to mean sea level and shall have vertical error tolerances of no more than ± five-tenths (0.5) foot.  Cross sections elevations shall be taken at those points which represent significant breaks in slope and at points where hydraulic characteristics of the base floodplain change.  Each cross section shall extend across the entire base floodplain and shall be in the number and at the locations specified by the cabinet.  If necessary to ensure that significant flood damage will not occur, the cabinet may require additional cross sections or specific site elevations which extend beyond those needed for making routine regulatory floodway boundary calculations.”
      (3)   In all other zones, elevated two feet above the base flood elevation. Upon the completion of the structure, the elevation of the lowest floor (including basement) shall be certified by a registered professional engineer or surveyor, and verified by the community building inspection department to be properly elevated.  Such certification and verification shall be provided to the Floodplain Administrator.
   (B)   Non-residential construction:  New construction and substantial improvement of any commercial, industrial, or non-residential structure (including manufactured homes used for non-residential purposes) shall be elevated to conform with § 11.05.02(A) or together with attendant utility and sanitary facilities:
      (1)   Be floodproofed to an elevation two feet above the level of the base flood elevation so that the structure is watertight with walls substantially impermeable to the passage of water;
      (2)   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy and debris;
      (3)   A registered professional engineer or architect shall certify that the standards of this division are satisfied.  Such certification along with the design and operational maintenance plans shall be provided to the Floodplain Administrator.
      (4)   Manufactured homes shall meet the standards in § 11.05.02(D).
      (5)   All new construction and substantial improvement with fully enclosed areas below the lowest floor (including basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be constructed of flood resistant materials to an elevation two feet above the base flood elevation, and shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood water.  Openings for meeting this requirement must meet or exceed the standards of § 11.05.02(C).
   (C)   Elevated structures:  New construction and substantial improvements of elevated structures on columns, posts, or pilings that include fully enclosed areas formed by foundation and other exterior walls below the lowest floor shall be designed to preclude finished living space and designed to allow for the entry and exit of flood waters to automatically equalize hydrostatic flood forces on exterior walls.
      (1)   Openings for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:
         (a)   Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
         (b)   The bottom of all openings shall be no higher than one foot above foundation interior grade (which must be equal to in elevation or higher than the exterior foundation grade); and
         (c)   Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic flow of flood waters in both directions.
      (2)   Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door), limited storage of maintenance equipment used in connection with the premises (standard exterior door), or entry to the living area (stairway or elevator); and
      (3)   The interior portion of such enclosed areas shall not be finished or partitioned into separate rooms.
   (D)   Standards for manufactured homes and recreational vehicles.
      (1)   All new and substantially improved manufactured homes placed on sites located within A, A1-30, AO, AH, and AE on the community’s Flood Insurance Rate Map (FIRM) must meet all the requirements for new construction, including elevation and anchoring.  Locations include:
         (a)   On individual lots or parcels;
         (b)   In expansions to existing manufactured home parks or subdivisions;
         (c)   In new manufactured home parks or subdivisions; or
         (d)   In substantially improved manufactured home parks or subdivisions;
         (e)   Outside of a manufactured home park or subdivision; and
         (f)   In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred “substantial damage” as the result of a flood.
      All such manufactured homes must be:
         (a)   Elevated on a permanent foundation; and
         (b)   Have its lowest floor elevated no lower than two feet above the level of the base flood elevation; and
         (c)   Be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
      (2)   Except manufactured homes that have incurred substantial damage as a result of a flood, all manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be elevated so that:
         (a)   The manufactured home is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement, so that either:
            1.   The lowest floor of the manufactured home is elevated no lower than two feet above the base flood elevation; or
            2.   The manufactured home chassis is supported by reinforced piers or other foundation elements of at least an equivalent strength, of no less than 36 inches in height above the highest adjacent grade.
      (3)   All recreational vehicles placed on sites located within A, A1-30, AO, AH, and AE on the community’s Flood Insurance Rate Map (FIRM) must either:
         (a)   Be on the site for fewer than 180 consecutive days;
         (b)   Be fully licensed and ready for highway use; or
         (c)   Meet the permit requirements for new construction of this article, including anchoring and elevation requirements for “manufactured homes”.
      A recreational vehicle is ready for highway use if it is licensed and insured in accordance with the State of Kentucky motor vehicle regulations, is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
   (E)   Floodways:  Located within areas of special flood hazard established in § 11.03.02, are areas designated as floodways.  Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and has erosion potential, the following provisions shall apply:
      (1)   Prohibit encroachments, including fill, new construction, substantial improvements, and other developments unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in the base flood elevation levels during occurrence of base flood discharge;
      (2)   If § 11.05.02(E) is satisfied, all new construction and substantial improvements and other proposed new development shall comply with all applicable flood hazard reduction provisions of § 11.05.
   11.05.03   Standards for Streams without Established Base Flood Elevation and/or Floodways.  Located within the special flood hazard areas established in § 11.03.02, where streams exist but where no base flood data has been provided or where base flood data has been provided without floodways, the following provisions apply:
   (A)   No encroachments, including fill material or structures shall be located within special flood hazard areas, unless certification 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.  The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles.
   (B)   New construction and substantial improvements of structures shall be elevated or floodproofed to elevations established in accordance with § 11.03.02.
   11.05.04   Standards for Shallow Flooding Zones.  Located within the special flood hazard areas established in § 11.03.02, are areas designated as shallow flooding areas.  These areas have flood hazards associated with base flood depths of one to three feet, where a clearly defined channel does not exist and the water path of flooding is unpredictable and indeterminate; therefore, the following provisions apply:
   (A)   All new construction and substantial improvements of residential structures shall:
      (1)   Have the lowest floor, including basement, elevated to or above either the base flood elevation or in Zone AO the flood depth specified on the Flood Insurance Rate Map above the highest adjacent grade.  In Zone AO, if no flood depth is specified, the lowest floor, including basement, shall be elevated no less than two feet above the highest adjacent grade.
   (B)   All new construction and substantial improvements of non-residential structures shall:
      (1)   Have the lowest floor, including basement, elevated to or above either the base flood elevation or in Zone AO the flood depth specified on the Flood Insurance Rate Map, above the highest adjacent grade.  In Zone AO, if no flood depth is specified, the lowest floor, including basement, shall be elevated no less than two feet above the highest adjacent grade.
      (2)   Together with attendant utility and sanitary facilities be completely floodproofed either to the base flood elevation or above or, in Zone AO, to or above the specified flood depth plus a minimum of one foot 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.  Certification is required as stated in § 11.05.02(B).
   11.05.05   Standards for Subdivision Proposals.
   (A)   All subdivision proposals shall identify the flood hazard area and the elevation of the base flood and 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; and
   (D)   In areas where base flood elevation and floodway data is not available, base flood elevation and floodway data for subdivision proposals and other proposed development (including manufactured home parks and subdivisions) greater than 50 lots or five acres, whichever is the lesser, shall be provided.
   (E)   All subdivision plans will include the elevation of proposed structure(s) and lowest adjacent grade.  If the site is filled above the base flood elevation, the lowest floor and lowest adjacent grade elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.
   11.05.06   Standards for Accessory Structures in AH Zones Beginning with the Letter ‘A’.  For all accessory structures in special flood hazard areas designated ‘A’ the following provisions shall apply:
   (A)   Must be non-habitable;
   (B)   Must be anchored to resist flotation and lateral movement;
   (C)   Must be provided with flood openings in accordance with the standards of § 11.05.02(C);
   (D)   Must be built of flood resistant materials to two feet above the base flood elevation;
   (E)   Must elevate utilities two feet above the base flood elevation;
   (F)   Can only be used for storage or parking; and
   (G)   Must not be modified for a different use after permitting.
   11.05.07   Critical Facilities.  Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA (100-year floodplain).  Construction of new critical facilities shall not be permissible within the floodway; however, they may be permissible within the SFHA if no feasible alternative site is available.  Critical facilities constructed within the SFHA shall have the lowest floor elevated one foot or more above the base flood elevation at the site.  Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into flood waters.  Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible.
(Ord. O-16-12, passed 8-7-12)