(A) Lots lying entirely within a floodplain may not be created as building lots.
(B) Lots to be used for building development must contain an area outside the floodplain sufficient for the placement of the proposed structures as well as any required septic area and wells. Placement of structures shall adhere to the requirements of Chapter 1-19 of this Code.
(C) Floodplains shall be retained in their natural state and comply with § 1-19-9.110 of the zoning ordinance. If the county does not want to incorporate the area into the county park system, the developer may reserve an easement unto a legally constituted community association or homeowners association for the right to use the area in any manner so long as it is not inconsistent with the maintenance and preservation of the area as a historic or annual floodplain, consistent with these regulations.
(D) In all areas not covered by subsection (C), the floodplain may be included within the boundary of the lot if the area of the lot is expanded by an amount sufficient to allow construction of a house, accessory structures, well, septic system (if applicable) and drainage field (again, if applicable). In the event that such land is platted as a part of a buildable lot, there shall be placed on such platted lot a building restriction line which shall be located by bearing and distance so as to provide at least 25 foot setback between any building and the floodplain line and a greater setback, where necessary, to provide positive drainage between the building and the floodplain.
(E) Building materials and other debris shall not be discarded in floodplains. No floodplain shall be graded or improved so as to increase the area of impervious surface and increase the rate of water run-off. No other work shall be done, except that required or authorized by the Division upon advice of the Soil Conservation District or the Department of Natural Resources pursuant to the following:
(1) Clearing, grading and vegetative stabilization where needed to restore the natural state of the floodplain or enhance its channel alignment and shaping so as to contain the 100 year storm flow;
(2) Establish erosion control measures such as energy dissipaters, flumes, riprap, slope revertment and channel liners with appropriate easements where needed for critical area protection.
(F) Floodplain limits shall be clearly defined and shown on preliminary plans and final plats along with the floodplain setbacks and waterbody buffer setbacks as established by Chapter 1-19 of this Code. Notations shall be added to the plat that document the floodplain and waterbody buffer requirements of this section and Chapter 1-19.
(G) All necessary permits must be obtained by the developer prior to commencing work within a floodplain.
(1959 Code, § 38A-75) (Ord. 80-4-156, § 1, 2-13-1980; Ord. 83-18-285, 6-14-1983; Ord. 10-23-558, 10-19-2010; Ord. 14-23-678, 11-13-2014)