(A) Application requirements. Application for a Floodplain Development Permit shall be made to the Floodplain Administrator prior to any development activities located within Special Flood Hazard Areas. The following items shall be presented to the Floodplain Administrator to apply for a Floodplain Development Permit:
(1) A plot 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 Special Flood Hazard Area as delineated on the FIRM or other flood map as determined in § 155.07, or a statement that the entire lot is within the Special Flood Hazard Area;
(c) Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in § 155.07;
(d) The boundary of the floodway(s) or non-encroachment area(s) as determined in § 155.07;
(f) The old and new location of any watercourse that will be altered or relocated as a result of proposed development; and
(g) The certification of the plot plan by a registered land surveyor or professional engineer.
(2) Proposed elevation, and method thereof, of all development within a Special Flood Hazard Area 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 any non-residential structure in Zone AE, A, AH, A99 or AO will be floodproofed; and
(c) Elevation in relation to NAVD 1988 which any proposed utility systems will be elevated or floodproofed.
(3) If floodproofing, a Floodproofing Certificate (FEMA Form 086-0-34) along with supporting data, an operational plan, and inspection and maintenance plan, that includes, but is not limited to, installation, exercise and maintenance of flood proofing 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 and shear walls); and
(b) Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with § 155.41(D), when solid foundation perimeter walls are used in Zones A, AO,AH, AE and A99.
(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 of 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 § 155.41(F) and (G) are met; and
(9) A description of proposed watercourse alteration or relocation, when applicable, including an engineering 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 (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.
(B) Permit requirements. The Floodplain Development Permit shall include, but not be limited to:
(1) A complete description of 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 Special Flood Hazard Area determination for the proposed development per available data specified in § 155.07;
(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) A statement that no fill material shall encroach into the floodway or non-encroachment area of any watercourse, as applicable unless the requirements of § 155.44;
(7) The flood openings requirements, if in Zones A, AO, AE, AH or A99;
(8) Limitations of below BFE enclosures (if applicable) (i.e., paring, building access and limited storage); and
(9) All materials below BFE/RFPE must be flood resistant materials.
(C) Certification requirements.
(1) Elevation certificates:
(a) An Elevation Certificate (FEMA Form 086-0-33) is 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 elevation of the reference level, in relation to NAVD 1988. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a Floodplain Development Permit.
(b) An Elevation Certificate (FEMA Form 086-0-33) is required after the reference level is established. Within 7 calendar days of establishment of the reference level elevation, 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. Any work done within the 7 day calendar period and prior to submission of the certification shall be at the permit holder’s risk. 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 further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project.
(c) A Final Construction Elevation Certificate (FEMA Form 86-0-033) 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 2 photographs showing the front and rear of the building taken within 90 days from the date of the certification. The photographs must be taken with the 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 not less than 3' x 3'. Digital photographs are acceptable.
(2) Flood Proofing 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 is 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 operation plan, and inspection and maintenance plan submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to permit approval and the beginning of construction. 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 (as built) 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 the same. The Floodplain Administrator shall review the certificate date, the operation plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to certificate of occupancy/compliance. 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 occupancy/compliance.
(3) If a manufactured home is placed within Zone A, AO, AE or A99 and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required per § 155.41(C).
(4) 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 Zone A, AO, AE, AH or A99, are exempt from the elevation/floodproofing certification requirements specified in divisions (C)(1) and (2) above:
(a) Recreational vehicles meeting requirements of § 155.41(F)(1);
(b) Temporary structures meeting requirements of § 155.41(G); and
(c) Accessory structures less than 150 square feet meeting requirements of § 155.41(H).
(D) Determinations for existing buildings and structures. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and other improvement of/or work on such buildings and structures, the Floodplain Administrator, in coordination with the Johnston County 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 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 damage and that compliance with the flood resistant construction requirements of the NC Building Code and this chapter is required.
(Ord. passed 9-13-1999; Am. Ord. passed 11-14-2005; Am. Ord. passed 6-11-2018)