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§ 151.10  INTERPRETATION.
   In the interpretation and application of this chapter, all provisions shall be:
   (A)   Considered as minimum requirements;
   (B)   Liberally construed in favor of the governing body; and
   (C)   Deemed neither to limit, nor repeal, any other powers granted under state statutes.
(Ord. passed 6-6-2005)
§ 151.11  WARNING AND DISCLAIMER OF LIABILITY.
   (A)   The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by human-made or natural causes.
   (B)   This chapter does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the town or by any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(Ord. passed 6-6-2005)
FLOOD HAZARD REDUCTION
§ 151.25  GENERAL STANDARDS.
   In all special flood hazard areas, the following provisions are required.
   (A)   All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
   (B)   All new construction and substantial improvements below the regulatory flood protection elevation shall be constructed with materials and utility equipment resistant to flood damage.
   (C)   All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damages.
   (D)   (1)   Electrical, heating, ventilation, plumbing, air conditioning 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.
      (2)   These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, appliances (washers, dryers, refrigerators, freezers and the like), hot water heaters and electric outlets/switches.
   (E)   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
   (F)   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.
   (G)   On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
   (H)   Any alteration, repair, reconstruction or improvements to a structure, which is in compliance with the provisions of this chapter, shall meet the requirements of “new construction” as contained in this chapter.
   (I)   Nothing in this chapter shall prevent the repair, reconstruction or replacement of a building or structure existing on the effective date of this chapter, and located totally or partially within the floodway, non-encroachment area or stream setback; provided that, the bulk of the building or structure below the regulatory flood protection elevation in the floodway, non-encroachment area or stream setback is not increased; and, provided that, such repair, reconstruction or replacement meets all of the other requirements of this chapter.
   (J)    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 only if the structure or tank is either elevated or flood- proofed to at least the regulatory flood protection elevation and certified according to § 151.41(D) of this chapter.
   (K)   The establishment of new solid waste disposal facilities, hazardous waste management facilities, salvage yards and chemical storage facilities is not subject to the variance procedures of this chapter.
 
   (L)   All development proposals shall be consistent with the need to minimize flood damage.
   (M) All development proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
   (N)   All development proposals shall have adequate drainage provided to reduce exposure to flood hazards.
(Ord. passed 6-6-2005)
§ 151.26  SPECIFIC STANDARDS.
   In all special flood hazard areas where base flood elevation (BFE) data has been provided, as set forth in §§ 151.07 or 151.40(B)(11) and (B)(12) of this chapter, the following provisions, in addition to § 151.25 of this chapter, are required.
   (A)   Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in § 151.05 of this chapter.
   (B)   Non-residential construction. New construction or substantial improvement of any commercial, industrial or other non-residential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in § 151.05 of this chapter. Structures located in A, AO, AE and A1-30 Zones may be flood-proofed to the regulatory flood protection elevation in lieu of elevation; provided that, all areas of the structure below the required flood protection elevation are water-tight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this division (B) are satisfied. Such certification shall be provided to the official as set forth in § 151.41(D) of this chapter, along with the operational and maintenance plans.
   (C)   Manufactured homes.
      (1)   New or replacement manufactured homes shall be elevated so that the reference level of the manufactured home is no lower than the regulatory flood protection elevation, as defined in § 151.05 of this chapter.
      (2)   Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse and lateral movement in accordance with the State of North Carolina Regulations for Manufactured/Mobile Homes, 1995 Edition, and any revision thereto adopted by the Commissioner of Insurance pursuant to G.S. § 143-143.15 or a certified engineered foundation. Additionally, when the elevation would be met by an elevation of the chassis 36 inches or less above the grade at the site, the chassis shall be supported by reinforced piers or engineered foundation. When the elevation of the chassis is above 36 inches in height, an engineering certification is required.
      (3)   All foundation enclosures or skirting shall be in accordance with division (D) below.
      (4)   An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or substantially damaged manufactured home parks or subdivisions located within flood-prone areas. This plan shall be filed with and approved by the Floodplain Administrator and the local Emergency Management Coordinator.
   (D)   Elevated buildings. Enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation:
      (1)   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 partitioned or finished into separate rooms, except to enclose storage areas;
      (2)   Shall be constructed entirely of flood resistant materials below the regulatory flood protection elevation;
      (3)   Shall include, in Zones A, AO, AE and A1-30, measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of flood waters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria;
         (a)   Provide a minimum of two openings on different sides of each enclosed area subject to flooding;
         (b)   The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding;
         (c)   If a building has more than one enclosed area, each area must have openings to allow flood waters to automatically enter and exit;
         (d)   The bottom of all required openings shall be no higher than one foot above the adjacent grade;
         (e)   Openings may be equipped with screens, louvers or other opening coverings or devices; provided, they permit the automatic flow of flood waters in both directions; and
         (f)   Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.
      (4)   Shall allow, in Coastal High Hazard Areas (Zones VE and V1-30), breakaway walls, latticework or insect screening below the regulatory flood protection elevation; provided, it is not part of the structural support of the building and is designed so as to breakaway, under abnormally high tides or wave action, without causing damage to the structural integrity of the building on which they are to be used; provided, the following design specifications are met:
         (a)   Material shall consist of open wood latticework or insect screening; or
         (b)   Breakaway walls shall meet the following design specifications:
            1.   Design safe loading resistance of each wall shall be not less than ten, nor more than 20, pounds per square foot; or
            2.   Breakaway walls that exceed a design safe loading resistance of more than 20 pounds per square foot (either by design or when so required by state or local codes) shall be certified by a registered professional engineer or architect certifying that the designed wall will collapse from a water load less than that which would occur during the base flood event, and the elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and non-structural). The water loading values used shall be those associated with the base flood. The wind loading values used shall be those required by the state’s Building Code.
   (E)   Additions/improvements.
      (1)   Additions and/or improvements to pre- FIRM structures 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; or
         (b)   A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.
      (2)   Additions to post-FIRM structures 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.
      (3)   Additions and/or improvements to post- FIRM structures 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; or
         (b)   A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.
      (4)   Where a fire wall or independent perimeter load-bearing wall is provided between the addition and the existing building, the addition shall be considered a separate building and only the addition must comply with the standards for new construction.
   (F)   Recreational vehicles. Recreational vehicles placed on-sites within a special flood hazard area shall either:
      (1)   Be on-site for fewer than 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
      (2)   Meet all the requirements for new construction, including anchoring and elevation requirements of §§ 151.25, 151.26(C) and 151.41(B) through (D) of this chapter.
   (G)   Temporary non-residential structures. Prior to the issuance of a floodplain development permit for a temporary structure, applicants must submit to the Floodplain Administrator a plan for the removal of such structure 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:
      (1)   A specified time period for which the temporary use will be permitted. Time specified should be minimal with total time on-site not to exceed one year;
      (2)   The name, address and phone number of the individual responsible for the removal of the temporary structure;
      (3)   The time frame prior to the event at which a structure will be removed (i.e., minimum of 72 hours before landfall of a hurricane or immediately upon flood warning notification);
      (4)   A copy of the contract or other suitable instrument with a trucking company to ensure the availability of removal equipment when needed; and
      (5)   Designation, accompanied by documentation of a location outside the special flood hazard area, to which the temporary structure will be moved.
   (H)   Accessory structures. When accessory structures (sheds, detached garages and the like) are to be placed within a special 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 flood waters;
      (5)   Accessory structures shall be firmly anchored in accordance with § 151.25(A) of this chapter;
      (6)   All service facilities such as electrical shall be installed in accordance with § 151.25(D) of this chapter;
      (7)   Openings to relieve hydrostatic pressure during a flood shall be provided below regulatory flood protection elevation in conformance with § 151.26(D)(1) of this chapter; and
      (8)   An accessory structure with a footprint less than 150 square feet that satisfies the criteria outlined above does not require an elevation or flood- proofing certificate. Elevation or flood-proofing certifications are required for all other accessory structures in accordance with § 151.41(D) of this chapter.
(Ord. passed 6-6-2005)
§ 151.27  STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS.
   Within the special flood hazard areas established in § 151.07 of this chapter, where no base flood elevation (BFE) data has been provided by FEMA, the following provisions, in addition to § 151.25, shall apply:
   (A)   No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of 20 feet each side from top of bank or five times the width of the stream, whichever is greater, unless certification with supporting technical data by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
   (B)   The BFE used in determining the regulatory flood protection elevation shall be determined based on one of the following criteria set in priority order.
      (1)   If base flood elevation (BFE) data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this chapter and shall be elevated or flood-proofed in accordance with standards in § 151.40(B)(11) and (B)(12) of this chapter.
      (2)   All subdivision, manufactured home park and other development proposals located within special flood hazard areas shall provide base flood elevation (BFE) data if development is greater than five acres or has more than 50 lots/manufactured home sites. Such base flood elevation (BFE) data shall be adopted by reference per § 151.07 of this chapter to be utilized in implementing this chapter.
      (3)   When base flood elevation (BFE) data is not available from a federal, state or other source as outlined above, the reference level shall be elevated at least to highest above highest adjacent grade as stated in the regulatory flood protection elevation definition.
(Ord. passed 6-6-2005)
§ 151.28  STANDARDS FOR RIVERINE FLOODPLAINS WITH BFE BUT WITHOUT ESTABLISHED FLOODWAYS OR NON-ENCROACHMENT AREAS.
   Along rivers and streams where BFE data is provided, but neither floodway nor non-encroachment areas are identified for a special flood hazard area on the FIRM or in the FIS report, the following requirements shall apply to all development within such areas:
   (A)   Standards outlined in §§ 151.25 and 151.26 of this chapter; and
   (B)   No encroachments, including fill, new construction, substantial improvements or other development, shall be permitted unless certification with supporting technical data 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.
(Ord. passed 6-6-2005)
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