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§ 155.045 GENERAL STANDARDS.
   In all SFHAs and known flood prone areas the following provisions are required:
   (A)   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)   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.
   (C)   New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the FPG.
   (D)   New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.
   (E)   Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other service facilities shall be located at/above the FPG to prevent water from entering or accumulating within the components below the FPG. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG.
   (F)   New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
   (G)   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
   (H)   On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
   (I)   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.
   (J)   Parking lots, driveways, and sidewalks within the SFHA shall be constructed with permeable materials.
   (K)   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 50 lots or five acres.
   (L)   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.
   (M)   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 feet horizontal to one foot vertical.
   (N)   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.
   (O)   Construction of new solid waste disposal facility, hazard waste management facilities, salvage yards, and chemical storage facilities shall not be permitted in areas of special flood hazard.
   (P)   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 floodplain and in the same property in which the authorized fill or structure is located, provided sufficient space exists. If sufficient space does not exist on the same property, the excavations shall take place in the same floodplain no further than 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 flood water, will not be subject to ponding when not inundated by flood water, 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 flood water.
      (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 flood water.
      (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 § 155.046.
      (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 chapter.
(Ord. 2017-7, passed 8-15-2017; Ord. 2022-10, passed 6-21-2022)
§ 155.046 SPECIFIC STANDARDS.
   In all SFHAs where the base flood elevation data or flood depths have been provided, as set forth in § 155.021, the following provisions are required:
   (A)   In addition to the requirements of § 155.045, all structures to be located in the SFHA shall be protected from flood damage below the FPG. This building protection requirement applies to the following situations:
      (1)   Construction or placement of any structure(residential or non-residential).
      (2)   Addition or improvement made to any existing structure where the cost of the addition or improvement equals or exceeds 40% of the value of the existing structure (excluding the value of the land).
      (3)   Reconstruction or repairs made to a damaged structure where the costs of restoring the structure to it’s before damaged condition equals or exceeds 40% of the market value of the structure (excluding the value of the land) before damage occurred (the costs of any proposed additions or improvements beyond restoring the damaged structure to its before damaged condition must be included in the cost).
      (4)   Installing a travel trailer or recreational vehicle on a site for more than 180 days.
      (5)   Installing a manufactured home on a new site or a new manufactured home on an existing site. This chapter does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage.
      (6)   Reconstruction or repairs made to a repetitive loss structure.
      (7)   Addition or improvement made to any existing structure with a previous repair, addition or improvement constructed since the community’s first floodplain ordinance.
   (B)   Residential structures (excluding manufactured homes). New construction or substantial improvement of any residential structure shall meet provision described in § 155.046(D).
      (1)   In Zone A and Zone AE, new construction or substantial improvement of any residential structure (excluding accessory structures) shall have the lowest floor, including basement, elevated to or above the FPG (two feet above the base flood elevation). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of § 155.046(B)(4). Should fill be used to elevate a structure, the standards of § 155.046 must be met.
      (2)   Fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall meet the following requirement:
         (a)   Designed to preclude finished living space and designed to allow for the automatic entry and exit of floodwaters to equalize hydrostatic flood forces on exterior walls. Flood openings must be designed and installed in compliance with criteria set out in FEMA Technical Bulletin 1. Engineered flood openings must be designed and certified by a registered design professional (requires supporting engineering certification or make/model specific ICC-ES Report), or meet the following criteria for non-engineered flood openings:
            1.   Provide a minimum of two openings on different sides of an enclosure. If more than one enclosed area is present, each must have openings on exterior walls (having a total net area of not less than one square inch for every one square foot of enclosed area);
            2.   The bottom of all opening shall be no more than one foot above the higher of the final interior grade (or floor) and the finished exterior grade immediately under each opening;
            3.   If the floor of the enclosure is below the BFE, the openings must be located wholly below the BFE.
            4.   If the floor of the enclosure is below the BFE, but below FPG, the openings must be located wholly below the FPG;
            5.   Doors and windows do not qualify as openings;
            6.   Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions;
            7.   Openings are to be not less than three inches in any direction in the plane of the wall. This requirement applied to the hole in the wall, excluding any device that may be inserted such as typical foundation air vent device.
         (b)   The floor of such enclosed area must be at or above grade on at least one side.
         (c)   The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.
      (3)   A residential structure may be constructed on fill in accordance with the following:
         (a)   Fill shall be placed in layers no greater than one foot deep before compacting to 95% of the maximum density obtainable with either the Standard or Modified Proctor Test method. The results of the test showing compliance shall be retained in the permit file;
         (b)   Fill shall extent ten feet beyond the foundation of the structure before sloping below the BFE;
         (c)   Fill shall 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 inches horizontal to one foot vertical;
         (d)   Fill shall not adversely affect the flow of surface drainage from or onto neighboring properties;
         (e)   Fill shall be composed of clean granular or earthen material.
      (4)   A residential structure may be constructed using a stem wall foundation (all called chain wall, raised-slab-on-grade, and slap-on-stem-wall-with-fill) must be backfilled with compacted structural fill, concrete, or gravel that supports the floor slab. No flood openings are required for this type of construction.
   (C)   Non-residential structures.
      (1)   New construction or substantial improvement of any non-residential structures (excludes accessory structures) shall meet provisions described in § 155.046 and applicable general standards described in § 155.045.
      (2)   In Zone A and Zone AEnew construction or substantial improvement of any commercial, industrial, or non-residential structure(excluding accessory structures) shall either have the lowest floor, including basement, elevated to or above the FPG (two feet above the base flood elevation) or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of § 155.046(D). Should fill be used to elevate a structure, the standards of § 155.046(C)(4) must be met.
      (3)   Fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall meet the following requirement:
         (a)   Designed to preclude finished living space and designed to allow for the automatic entry and exit of floodwaters to equalize hydrostatic flood forces on exterior walls. Flood openings must be designed and installed in compliance with criteria set out in FEMA Technical Bulletin 1. Engineered flood openings must be designed and certified by a registered design professional (requires supporting engineering certification or make/model specific ICC-ES Report), or meet the following criteria for non-engineered flood openings:
            1.   Provide a minimum of two openings on different sides of an enclosure. If more than one enclosed area is present, each must have openings on exterior walls (having a total net area of not less than one square inch for every one square foot of enclosed area);
            2.   The bottom of all opening shall be no more than one foot above the higher of the final interior grade (or floor) and the finished exterior grade immediately under each opening;
            3.   If the floor of the enclosure is below the BFE, the openings must be located, wholly below the BFE;
            4.   If the floor of the enclosure is below the BFE, but below FPG, the openings must be located wholly below the FPG;
            5.   Doors and windows do not qualify as openings;
            6.   Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions;
            7.   Openings are to be not less than three inches in any direction in the plane of the wall. This requirement applied to the hole in the wall, excluding any device that may be inserted such as typical foundation air vent device.
         (b)   The floor of such enclosed area must be at or above grade on at least one side.
         (c)   The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.
      (4)   A non-residential structure may be constructed on fill in accordance with the following:
         (a)   Fill shall be placed in layers no greater than one foot deep before compacting to 95% of the maximum density obtainable with either the Standard or Modified Proctor Test method. The results of the test showing compliance shall be retained in the permit file;
         (b)   Fill shall extend ten feet beyond the foundation of the structure before sloping below the BFE;
         (c)   Fill shall 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 inches horizontal to one foot vertical;
         (d)   Fill shall not adversely affect the flow of surface drainage from or onto neighboring properties;
         (e)   Fill shall be composed of clean granular or earthen material.
      (5)   A non-residential structure may be floodproofed in accordance with the following:
         (a)   A registered professional engineer or architect shall certify that the structure has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The structure design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. Such certification shall be provided to the Floodplain Administrator as set forth in § 155.037(B)(22).
         (b)   Floodproofing measures shall be operable without human intervention and without an outside source of electricity.
      (6)   A non-residential structure may be constructed using a stem wall foundation (also called chain wall, raised-slab-on-grade, and slab-on-stem-wall-with-fill). Any backfilled stem wall foundation must be backfilled with compacted structural fill, concrete, or gravel that supports the floor slab. No flood openings are required for this type of construction.
   (D)   Elevated structures. 
      (1)   New construction or substantial improvements of elevated structures shall have the lowest floor at or above the FPG.
      (2)   Elevated structures with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade 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. Designs must meet the following minimum criteria:
         (a)   Provide a minimum of two openings located in a minimum of two exterior walls (having a total net area of not less than one square inch for every one square foot of enclosed area).
         (b)   The bottom of all openings shall be no more than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher.
         (c)   Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.
         (d)   Access to the enclosed area shall be the minimum necessary to allow for parking for 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).
         (e)   The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.
         (f)   The interior grade of such enclosed area shall be at an elevation at or higher than the exterior grade.
         (g)   Openings are to be not less than three inches in any direction in the plane of the wall. This requirement applies to the hole in the wall, excluding any device that may be inserted such as typical foundation air vent device.
         (h)   Property owners shall be required to execute a flood openings/venting affidavit acknowledging that all openings will be maintained as flood vents, and that the elimination or alteration of the openings in any way will violate the requirements of § 155.046(D). Periodic inspections will be conducted by the Floodplain Administrator to ensure compliance. The affidavit shall be recorded, along with the deed, in the office of the Adams County Recorder.
         (i)   Property owners shall be required to execute and record with the structure's deed a non-conversion agreement declaring that the area below the lowest floor (where the interior height of the enclosure exceeds six feet) shall not be improved, finished or otherwise converted; the community will have the right to inspect the enclosed area. The non-conversion agreement shall be recorded in the office of the Adams County Recorder.
   (E)   Standards for manufactured homes and recreational vehicles. Manufactured homes and recreational vehicles to be installed or substantially improved on a site for more than 180 days must meet one of the following requirements:
      (1)   These requirements apply to all manufactured homes to be placed on a site outside a manufactured home park or subdivision; in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood:
         (a)   The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the FPG and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
         (b)   Fully enclosed areas formed by foundation and other exterior walls below the FPG 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 as required for elevated structures in § 155.046(D).
         (c)   Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings.
   (F)   Recreational vehicles placed on a site shall either:
      (1)   Be on site for less than 180 days;
      (2)   Be fully licensed and ready for highway use (defined as being 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); or
      (3)   Meet the requirements for manufactured homes as stated earlier in this section.
   (G)   Freestanding pavilions, gazebos, decks, carports, and similar development. Within SFHAs, new construction or placement of pavilions, gazebos, decks, carports, and similar development must meet the following standards:
      (1)   Shall have open sides (having more than one rigid wall);
      (2)   Shall be anchored to prevent flotation or lateral movement;
      (3)   Shall be constructed of flood resistant materials below the FPG;
      (4)   Any electrical, heating, plumbing, and other service facilities shall be located at/above the FPG;
      (5)   Shall not have subsequent additions or improvements that would preclude the development from its continued designation as a pavilion, gazebo, carport, or similar open-sided development.
   (H)   Accessory structures. Relief to the elevation or dry floodproofing standards may be granted for accessory structures. Such structures must meet the following standards:
      (1)   Shall not be used for human habitation.
      (2)   Shall have a floor area of 400 square feet or less.
      (3)   Use shall be limited to parking of vehicles and limited storage.
      (4)   Shall be constructed of flood resistant materials.
      (5)   Shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters.
      (6)   Shall be firmly anchored to prevent flotation.
      (7)   Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the FPG.
      (8)   Shall be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in § 155.046(D).
      (9)   Shall not have subsequent additions or improvements that would preclude the structure from its continued designation as an accessory structure.
   (I)   Above ground gas or liquid storage tanks. Within SFHAs designated as Zone A, AE on the community’s FIRM, all newly placed aboveground gas or liquid storage tanks shall meet the requirements for a non-residential structure as required in § 155.046.
(Ord. 2017-7, passed 8-15-2017; Ord. 2022-10, passed 6-21-2022)
§ 155.047 STANDARDS FOR 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)   In all areas of special flood hazard where base flood elevation data area not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generate base flood elevations for all subdivision proposals and all other proposed new development (including manufactured home parks and subdivisions), which is greater than the lesser of 50 lots or five acres, whichever is less.
   (E)   All subdivision proposals shall minimize development in the SFHA and/or limit density of development permitted in the SFHA.
   (F)   All subdivision proposals shall ensure safe access into/out of SFHA for pedestrians and vehicles (especially emergency responders).
   (G)   Streets, blocks, lots, parks, and other public grounds shall be located and laid out in such a manner as to preserve and utilize natural steams and channels. Wherever possible the floodplains shall be included within parks or other public grounds.
(Ord. 2017-7, passed 8-15-2017; Ord. 2022-10, passed 6-21-2022)
§ 155.048 CRITICAL FACILITY.
   Construction of new critical facilities shall be, to the extent possible, located outside the limits of the 500-year (0.20% Annual Chance) Flood Hazard Area. Construction of new critical facilities shall be permissible within the 500-year (0.20% Annual Chance) Flood Hazard Area if no feasible alternative site is available. Critical facilities constructed within the 500-year (0.20% Annual Chance) Flood Hazard Area shall have the lowest floor elevated to or above the FPG at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the FPG shall be provided to all critical facilities to the extent possible.
(Ord. 2017-7, passed 8-15-2017; Ord. 2022-10, passed 6-21-2022)
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