§ 150.26  FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT AND CERTIFICATION REQUIREMENTS.
   (A)   Application requirements. Application for a Floodplain Development Permit shall be made to the Floodplain Administrator prior to any development activities. The following items shall be presented to the Floodplain Administrator to apply for a floodplain development permit:
      (1)   A site plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:
         (a)   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;
         (b)   The boundary of the SFHA, Shaded X or X Zone as delineated on the FIRM or other flood map as determined in § 150.07, or a statement that the entire lot is within the SFHA;
         (c)   Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in § 150.07;
         (d)   The BFE and/or RFPE where provided as set forth in §§ 150.07 or 150.27;
         (e)   The old and new location of any watercourse that will be altered or relocated as a result of proposed development;
         (f)   The boundary and designation date of the Coastal Barrier Resource System (CBRS) area or Otherwise Protected Areas (OPA), if applicable; and
         (g)   The certification of the site plan by a registered land surveyor or professional engineer.
      (2)   Proposed elevation, and method thereof, of all development including but not limited to:
         (a)   Elevation in relation to NAVD 1988 of the proposed reference level (including basement) of all structures;
         (b)   Elevation in relation to NAVD 1988 to which any non-residential structure in Zones A, AE, AH, AO, A99, Shaded X or X will be floodproofed; and
         (c)   Elevation in relation to NAVD 1988 to which any proposed utility systems will be elevated or floodproofed.
      (3)   If floodproofing, a Floodproofing Certificate (FEMA Form 086-0-34) with supporting data, an operational plan, and an inspection and maintenance plan that include, but are not limited to, installation, exercise, and maintenance of floodproofing measures.
      (4)   A foundation plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this chapter are met. These details include but are not limited to:
         (a)   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); and
         (b)   Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with § 150.41(D)(3) when solid foundation perimeter walls are used in Zones A, AE, AH, AO, A99, Shaded X or X.
         (c)   The following, in CHHA, in accordance with the provisions of §§ 150.41(D)(4) and 150.42:
            1.   V-Zone Certification with accompanying plans and specifications verifying the engineered structure and any breakaway wall designs; in addition, prior to the certificate of compliance/occupancy issuance, a registered professional engineer or architect shall certify the finished construction is compliant with the design, specifications and plans for VE Zone construction.
            2.   Plans for open wood latticework or insect screening, if applicable; and
            3.   Plans for non-structural fill, if applicable. If non-structural fill is proposed, it must be demonstrated through coastal engineering analysis that the proposed fill would not result in any increase in the BFE or otherwise cause adverse impacts by wave ramping and deflection on to the subject structure or adjacent properties.
      (5)   Usage details of any enclosed areas below the lowest floor.
      (6)   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.
      (7)   Certification that all other local, state and Federal permits required prior to floodplain development permit issuance have been received.
      (8)   Documentation for placement of recreational vehicles and/or temporary structures, when applicable, to ensure that the provisions of § 150.41 (F) and (G) of this chapter are met.
      (9)   In Shaded X and X zones, a survey prepared by a licensed North Carolina surveyor may be used to demonstrate the natural grades of the parcel relative to the RFPE of ten feet.
   (B)   Permit requirements. The Floodplain Development Permit shall include, but is not limited to:
      (1)   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.).
      (2)   The flood zone determination for the proposed development in accordance with available data specified in § 150.07.
      (3)   The regulatory flood protection elevation required for the reference level and all attendant utilities.
      (4)   The regulatory flood protection elevation required for the protection of all public utilities.
      (5)   All certification submittal requirements with timelines.
      (6)   The flood openings requirements, if in Zones A, AE, AH, AO, A99, Shaded X or X Zone.
      (7)   Identify uses of enclosures below the RFPE and a statement that they are limited to the following uses: parking, building access and limited storage only.
      (8)   A statement, if in CHHA, that there will be no alteration of sand dunes which would increase potential flood damage.
      (9)   A statement, if in CHHA, that there will be no fill used for structural support.
      (10)   A statement, that all materials below RFPE will be flood resistant materials.
   (C)   Certification requirements.
      (1)   Elevation Certificates for AE, AO, VE, Shaded X and X Zones.
         (a)   An Elevation Certificate (FEMA Form 086-0-33) for the proposed development must be submitted as part of the permit application materials. 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 or designee shall review the certificate data submitted. Deficiencies with the elevation certificate detected by such review shall be corrected by the permit holder prior to the start of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.
         (b)   1.   With the understanding that lesser documentation leads to a greater assumption of risk by the permit holder and property owner, the permit holder has the following options for submission of an under-construction documentation:
               A.   The Town of Duck encourages submission of an under-construction elevation certificate to the Floodplain Administrator at the time a rough-in inspection is scheduled with the Town of Duck Building Inspector;
               B.   In lieu of an elevation certificate, the permit holder may submit alternative documentation from a registered land surveyor or professional engineer regarding the elevation of the reference level in relation to mean sea level; or
               C.   The permit holder may opt not to submit an under-construction elevation certificate or alternative documentation from a registered land surveyor or professional engineer prior to the rough-in inspection.
            2.   If submitted, the Floodplain Administrator shall review the elevation certificate or other documentation and report any deficiencies to the permit holder immediately and such deficiencies shall be corrected immediately prior to further work being permitted to proceed.
         (c)   A final Finished Construction Elevation Certificate (FEMA Form 086-0-33) 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. 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. The finished construction elevation certificate certifier shall provide at least two photographs showing the front and rear of the building taken within 90 days from the date of certification. The photographs must be taken with views confirming the building description and diagram number provided in division (A). To the extent possible, these photographs should show the entire building including foundation. If the building has split-level or multi-level areas, provide at least 2 additional photographs showing side views of the building. In addition, when applicable, provide a photograph of the foundation showing a representative example of the flood openings or vents. All photographs must be in color and measure at least three inches by three inches. Digital photographs are acceptable.
         (d)   In Shaded X and X zones, the proposed and under construction elevation certificates are not needed if a current survey of the parcel is submitted that demonstrates the natural grade of the structure footprint is above the RFPE of ten feet. A finished construction elevation certificate is required at the completion of the project.
      (2)   Floodproofing certificate.
         (a)   If non-residential floodproofing is used to meet the Regulatory Flood Protection Elevation requirements, a Floodproofing Certificate (FEMA Form 086-0-34), with supporting data, an operational plan, and an inspection and maintenance plan are 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, the operational plan, and the inspection and maintenance 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.
         (b)   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.
      (3)   Elevation of chassis. If a manufactured home is placed within Zones A, AE, AH, AO, A99, Shaded X or X and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required in accordance with the provisions of § 150.41 (C)(2).
      (4)   Alterations and relocations. 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.
      (5)   Certification exemptions. The following structures, if located within Zones A, AE, AH, AO, A99, Shaded X or X are exempt from the elevation/floodproofing certification requirements specified in items (a) and (b) of this section:
         (a)   Recreational Vehicles meeting requirements of § 150.41(F); and
         (b)   Temporary Structures meeting requirements of § 150.41(G).
      (6)   V-Zone/CHHA certification. A V-Zone/CHHA Certification with accompanying design plans and specifications is required prior to issuance of a Floodplain Development permit within CHHA. It shall be the duty of the permit applicant to submit to the Floodplain Administrator said certification to ensure the design standards of this ordinance are met. A registered professional engineer or architect shall develop or review the structural design, plans, and specifications for construction and certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this chapter. This certification is not a substitute for an elevation certificate.
      (7)   Non-conversion agreement. A non-conversion agreement shall be required for all new construction and substantial improvements which feature an enclosure area below the RFPE and with walls greater than four feet in height that may be converted after occupancy of the structure. This signed, completed non-conversion agreement shall be completed by the property owner of record (if different than the permit holder) and shall be recorded in the Dare County Register of Deeds. A copy of the recorded agreement shall be provided to the Town of Duck Building Inspector prior to the issuance of the certificate of occupancy. Failure to submit the certification shall be cause to withhold the issuance of a certificate of occupancy.
      (8)   Release of restrictive covenant. If a property which is bound by a non-conversion agreement is modified to remove enclosed areas below RFPE, then the owner may request release of restrictive covenant after staff inspection and submittal of confirming documentation.
      (9)   Acknowledgment form. Acknowledgment forms shall be signed and completed by property owners or authorized agent at the time permits are issued by the Town of Duck Building Inspector. This acknowledgment form indicates the specific flood zone designation for the subject property; outlines the construction standards for elevation of the structure to the regulatory flood elevation and explains the use restrictions associated with the property.
   (D)   Determinations for existing buildings and structures. For applications for building permits to improve buildings and structures, including alterations, movement, relocation, 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:
      (1)   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;
      (2)   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;
      (3)   Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and
      (4)   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 chapter is required.
(Ord. 20-01, passed 5-20-2020)