(A) Residential structures. All new construction, relocation and substantial improvements, including the repair of substantial damage, of residential structures shall have the lowest floor, including basement, ductwork and utilities, elevated to two feet above the base flood elevation.
(B) Nonresidential structures. All new construction, relocation and substantial improvements, including the repair of substantial damage, of nonresidential structures shall have the lowest floor, including basement, ductwork and utilities, elevated to two feet above the base flood elevation; or, together with attendant utility and sanitary facilities, be designed so that the structure is water-tight, with walls substantially impermeable to the passage of water from the lowest structural element to two feet above the base flood elevation.
(C) Openings.
(1) For all new construction, relocation and substantial improvements, and the repair of substantial damage, those fully-enclosed areas below the lowest floor that are usable solely for the parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.
(2) Designs for meeting this requirement shall either be certified by a registered professional engineer or meet or exceed the following minimum criteria.
(a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
(b) The bottom of all openings shall be not higher than one foot above grade.
(c) Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(D) Non-conversion agreements.
(1) A non-conversion agreement shall be signed by the applicant on all flood-proofed structures and any elevated structures when the town determines that the area below the first floor could be converted to a nonconforming use (generally applies to enclosed areas below base flood elevation that are five feet high or more).
(2) This agreement shall state:
(a) The area below base flood elevation shall not be converted for use other than for parking, building access or for allowable storage as detailed in this chapter; and
(b) The applicant agrees to notify prospective buyers of the existence of the non-conversion agreement. It shall be the responsibility of the applicant to transfer the agreement at closing to the new owner via notarized signature; a copy of all new agreements shall be provided to the Floodplain Administrator. Failure to transfer the agreement and provide a signed copy to the Floodplain Administrator shall subject the violator to the penalties set forth in § 151.999 of this chapter.
(Ord. passed 6-5-2012) Penalty, see § 151.999