6.01.1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, & OBJECTIVES
A. Statutory Authorization
The Legislature of the State of North Carolina has in G.S. Ch. 143, Article 21, Part 6 and G.S. Ch. 160D delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of Commissioners of Lillington, North Carolina does ordain as follows:
B. Findings of Fact
1. The flood prone areas within the jurisdiction of Lillington are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
2. These flood losses are caused by the cumulative effect of obstructions in the floodplain causing increases in flood heights and velocities, and by the occupancy in flood prone areas of uses vulnerable to floods or hazardous.
6.01.2 STATEMENT OF PURPOSE
It is the purpose of this article to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions within flood prone areas by provisions designed to:
A. Restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards or that result in damaging increases in erosion or in flood heights or velocities;
B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters;
D. Control filling, grading, dredging, and other development that may increase erosion or flood damage; and
E. Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or which may increase flood hazards to other lands.
6.01.3 GENERAL PROVISIONS
A. Land Applicability
This article shall apply to all special flood hazard areas within the jurisdiction of the Town.
B. Basis for Establishing the Areas of Special Flood Hazard
The special flood hazard areas are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its Flood Insurance Study (FIS) and its accompanying Flood Insurance Rate Maps (FIRM), for the Town dated October 3, 2006, which are adopted by reference and declared to be a part of this article.
C. Warning & Disclaimer of Liability
The degree of flood protection required by this ordinance 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 man-made or natural causes. This ordinance 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 ordinance 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 ordinance or any administrative decision lawfully made hereunder.
6.01.4 ADMINISTRATION
A. Designation of Local Administrator
The Administrator, herein referred to as the Floodplain Administrator, is hereby appointed to administer and implement the provisions of this article.
B. Certification Requirements
1. Elevation Certificates:
a. An elevation certificate (FEMA Form 81-31) or floodproofing certificate (FEMA Form 81-65) is required after the reference level is established. Within 21 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 mean sea level. Elevation certification shall be prepared by, or under the direct supervision of, a Professional North Carolina Land Surveyor or Engineer and certified by same. Any work done within the 21-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.
b. A final as-built elevation certificate (FEMA Form 81-31) 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. Elevation certification shall be prepared by, or under the direct supervision of, a Professional North Carolina Land Surveyor or Engineer and certified by same. The Floodplain Administrator shall review the certificate data submitted. Deficiencies noted 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.
2. If non-residential floodproofing is used to meet the regulatory flood protection elevation requirements, a floodproofing certificate (FEMA Form 81-65) 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 mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a Professional North Carolina Engineer or Architect licensed by the North Carolina Board of Architecture and certified by same. 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. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a certificate of compliance/occupancy.
3. If a manufactured home is placed within Zone A, AO, AE, or A1-30 and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required per "Provisions for Flood Hazard Reduction" of this article.
4. If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to property is 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 or A1-30, are exempt from the elevation/floodproofing certification requirements specified in items 1. and 2. above:
a. Recreational vehicles meeting requirements of "Provisions for Flood Hazard Reduction" of this article;
b. Temporary structures meeting requirements of "Provisions for Flood Hazard Reduction" of this article; and
c. Accessory structures less than 150 square feet meeting requirements of "Provisions for Flood Hazard Reduction" of this article.
C. Duties & Responsibilities of the Local Administrator
The Floodplain Administrator shall perform, but not be limited to, the following duties:
1. Review all floodplain development applications and issue permits for all proposed development within special flood hazard areas to assure that the requirements of this article have been satisfied.
2. Advise applicant that additional federal or state permits (wetlands, endangered species, erosion and sedimentation control, riparian and stream buffers, mining, etc.) may be required, and require that copies of such permits be provided and maintained on file with the zoning permit.
3. Notify adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of Emergency, State Coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse and submit evidence of such notification the Federal Emergency Management Agency (FEMA).
4. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
5. Prevent encroachments within floodways unless the certification and flood hazard reduction provisions of "Provisions for Flood Hazard Reduction" of this article, subsection "Standards for Riverine Floodplains with BFE but without Established Floodways or Non-Encroachment Areas" are met.
6. Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and all utilities of all new or substantially improved structures, in accordance with subsection "Certification Requirements", above.
7. Obtain the actual elevation (in relation to mean sea level) to which the new or substantially improved structures and all utilities have been floodproofed, in accordance with subsection "Certification Requirements", above.
8. Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with subsection "Certification Requirements", above.
9. When floodproofing is utilized for a particular structure, obtain certifications from a Professional North Carolina Engineer or Architect licensed by the North Carolina Board of Architecture and certified by same in accordance with "Floodplain Permit" of Article VII.
10. Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article.
11. When base flood elevation (BFE) data or floodway data has not been provided in accordance with subsection "Basis for Establishing the Areas of Special Flood Hazard" of subsection "General Provisions", obtain, review, and reasonably utilize any base flood elevation (BFE) data, along with floodway data or non-encroachment area data available from a federal, state, or other source, including data developed pursuant to item 2.b. of subsection "Standards for Floodplains without Established Base Flood Elevations" of this article, in order to administer the provisions of this article.
12. When base flood elevation (BFE) data is provided but no floodway nor non-encroachment area data has been provided in accordance with subsection "Basis for Establishing the Areas of Special Flood Hazard" of subsection "General Provisions" (above), obtain, review, and reasonably utilize any floodway data or non-encroachment area data available from a federal, state, or other source in order to administer the provisions of this article.
13. When the exact location of boundaries of the special flood hazard areas conflict with the current, natural topography information at the site, the property owner may apply and be approved for a Letter of Map Amendment (LOMA) by FEMA. Maintain a copy of the Letter of Map Amendment (LOMA) issued by FEMA in the floodplain development permit file.
14. Permanently maintain all records that pertain to the administration of this article and make these records available for public inspection.
15. Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of this article and the terms of the permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action.
16. Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this article, the Floodplain Administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing the work. The stop-work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor.
17. Revoke floodplain development permits as required. The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable state or local law may also be revoked.
18. Make periodic inspections throughout all special flood hazard areas within the jurisdiction of the community. The Floodplain Administrator and each member of his or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.
19. Follow through with corrective procedures of Article XIII "Enforcement & Penalties."
20. Review, provide input, and make recommendations for variance requests.
21. Maintain a current map repository to include, but not limited to, the FIS report, FIRM and/or other official flood maps/studies adopted under subsection "Basis for Establishing the Areas of Special Flood Hazard" of subsection "General Provisions" of this article, including any revisions thereto including Letters of Map Change, issued by state and/or FEMA. Notify state and FEMA of mapping needs.
22. Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based on Fill (LOMR-F) and Letters of Map Revision (LOMR).
D. Provisions for Flood Hazard Reduction
1. 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. 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. 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, etc.), 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; and
h. Any alteration, repair, reconstruction, or improvements to a structure which is in compliance with the provisions of this article, shall meet the requirements for new construction as contained in this article.
i. Nothing in this article shall prevent the repair, reconstruction, or replacement of a building or structure existing on or prior to September 18, 2006 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 ordinance.
j. New solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted in special flood hazard areas, except by variance as specified in subsection "Flood Damage Prevention Variance Procedures" of Article VII of this ordinance. 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 floodproofed to at least the regulatory flood protection elevation and certified according to subsection "Certification Requirements", above, of this article.
k. All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage.
l. All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
m. All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards.
n. All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
2. Specific Standards
In all special flood hazard areas where base flood elevation (BFE) data has been provided, as set forth by the provisions of this article, in addition to subsection "General Standards", 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 Article X "Definitions & Interpretations" of this ordinance.
b. Nonresidential Construction:
New construction or substantial improvement of any commercial, industrial, or nonresidential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in Article X "Definitions & Interpretations" of this ordinance. Structures located in A, AO, AE, and A1-30 Zones may be floodproofed to the regulatory flood protection elevation in lieu of elevation provided that all areas of the structure below the required elevation are watertight 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 Professional North Carolina Engineer or Architect licensed by the North Carolina Board of Architecture and certified by same shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in subsection "Certification Requirements", above, of this article, along with the operational and maintenance plans.
c. Manufactured Homes:
i. 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.
ii. 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. All foundation enclosures or skirting shall be in accordance with subsection "Elevated Buildings."
iii. An evacuation plan shall 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 Emergency Service Director.
d. Elevated Buildings:
Enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation:
i. 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;
ii. Shall be constructed entirely of flood resistant materials below the regulatory flood protection elevation;
iii. 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 floodwaters. To meet this requirement, the openings shall either be certified by a Professional North Carolina Engineer or Architect licensed by the North Carolina Board of Architecture and certified by same 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 shall 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 shall have openings to allow floodwaters 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 floodwaters 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.
iv. Additions & Improvements:
a) 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:
I. Not a substantial improvement, the addition and/or improvements shall be designed to minimize flood damages and shall not be any more nonconforming than the existing structure.
II. A substantial improvement, both the existing structure and the addition and/or improvements shall comply with the standards for new construction.
b) 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.
c) Additions and/or improvements to post-FIRM structures when the addition and/or improvements in combination with and interior modifications to the existing structure are:
I. Not a substantial improvement, the addition and/or improvements only shall comply with the standards for new construction.
II. A substantial improvement, both the existing structure and the addition and/or improvements shall comply with the standards for new construction.
d) Where a fire wall or independent perimeter load-bearing wall is provided between the addition and the existing building, the addition(s) shall be considered a separate building and only the addition shall comply with the standards for new construction.
e) Recreational Vehicles:
Recreation vehicles placed on sites within a special flood hazard area shall either:
I. 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
II. Meet all the requirements for new construction, including anchoring and elevation requirements of subsection "Certification Requirements" of "Administration" of this article and subsections "General Standards" and "Manufactured Homes."
f) Temporary Nonresidential Structures:
Prior to the issuance of a floodplain development permit, for a temporary structure, applicants shall submit to the Floodplain Administrator a plan for the removal of such structure(s) 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:
I. 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 12 months;
II. The name, address, and phone number of the individual responsible for the removal of the temporary structure;
III. 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);
IV. A copy of the contract or other suitable instrument with a trucking company to ensure the availability of removal equipment when needed; and
V. Designation, accompanied by documentation, of a location outside the floodplain to which the temporary structure will be moved.
g) Accessory Structures:
When accessory structures (sheds, detached garages, etc.) are to be placed within a special flood hazard area, the following criteria shall be met:
I. Accessory structures shall be used for human habitation (including work, sleeping, living, cooking or restroom areas);
II. Accessory structures shall not be temperature-controlled;
III. Accessory structures shall be designed to have low flood damage potential;
IV. Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;
V. Accessory structures shall be firmly anchored in accordance with subsection "General Standard";
VI. All service facilities such as electrical shall be installed in accordance with subsection "General Standards"; and
VII. Openings to relieve hydrostatic pressure during a flood shall be provided below flood protection elevation in conformance with "Elevated Buildings", Item i., above.
VIII. An accessory structure with a footprint less than 150 square feet that satisfies the criteria outlined above does not require an elevation or floodproofing certificate. Elevation or floodproofing certifications are required for all other accessory structures in accordance with subsection "Certification Requirements" of this article.
E. Reserved
F. Standards for Floodplains Without Established Base Flood Elevations
Within the special flood hazard areas established in subsection "Basis for Establishing the Areas of Special Flood Hazard" of subsection "General Provisions" of this article, where no base flood elevation (BFE) data has been provided by FEMA, the following provisions, in addition to subsection "Provisions for Flood Hazard Reduction", subsection "General Standards", shall apply:
1. 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 Professional North Carolina Engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
2. The BFE used in determining the regulatory flood protection elevation shall be determined based on one of the following criteria set in priority order:
a. 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 ordinance and shall be elevated or floodproofed in accordance with standards in subsection "Administration", subsection "Duties & Responsibilities of the Local Administrator".
b. 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 or manufactured home sites. Such base flood elevation (BFE) data shall be adopted by reference per subsection "Basis for Establishing the Areas of Special Flood Hazard" of subsection "General Provisions" of this article.
c. 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 above the highest adjacent grade as required in the regulatory flood protection elevation definition.
G. 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:
1. Standards outlined in subsection "Provisions for Flood Hazard Reduction", subsections "General Standards" and "Specific Standards"; and
2. No encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless certification with supporting technical data by a Professional North Carolina 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.
H. Floodways & Non-Encroachment Areas
Areas designated as floodways or non-encroachment areas are located within the special flood hazard areas established in subsection "Basis for Establishing the Areas of Special Flood Hazard" of subsection "General Provisions" of this article. The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to standards outlined in subsection "Provisions for Flood Hazard Reduction", subsections "General Standards" and "Specific Standards", shall apply to all development within such areas:
1. No encroachments, including fill, new construction, substantial improvements, and other developments shall be permitted unless it has been demonstrated that:
a. The proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Administrator prior to issuance of floodplain development permit; or
b. A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR) shall also be obtained upon completion of the proposed encroachment.
2. If item a., above, is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this article.
3. No manufactured homes shall be permitted, except replacement manufactured homes in an existing manufactured home park or subdivision, provided the following provisions are met:
a. The anchoring and the elevation standards of subsection "Manufactured Homes" of subsection "Specific Standards"; and
b. The no encroachment standards above, are met.
I. Standards for Areas of Shallow Flooding (Zone AO)
Located within the special flood hazard areas established in subsection "Basis for Establishing the Areas of Special Flood Hazard" of subsection "General Provisions" of this article, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to subsection "Provisions for Flood Hazard Reduction", subsection "General Standards", all new construction and substantial improvements shall meet the following requirements:
1. The reference level shall be elevated at least as high as the depth number specified on the Flood Insurance Rate Map (FIRM), in feet, plus a freeboard of two feet, above the highest adjacent grade; or at least two feet above the highest adjacent grade plus a freeboard of two feet if no depth number is specified.
2. Non-residential structures may, in lieu of elevation, be floodproofed to the same level as required in item a. of subsection "Specific Standards," subsection "Provisions for Flood Hazard Reduction" of this part so that the structure, together with attendant utility and sanitary facilities, below that level shall be watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required as per subsection "Floodplain Permit" of Article III "Development & Subdivision Review, Permitting, & Approval Requirements" and subsection "Nonresidential Construction" of subsection "Specific Standards", above.
3. Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
(Ord. passed 2-14-2017; Ord. 2022-13, passed 10-12-2021; Ord. FY2023-27, passed 5-9-2023)