§ 152.22  RESIDENTIAL AND NONRESIDENTIAL CONSTRUCTION.
   (A)   Residential construction.  New construction or substantial improvement of any residential building (or manufactured home) shall have the lowest floor, including basement, elevated no lower than the design flood elevation. Should solid foundation perimeter walls be used to elevate a structure for crawl space, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of § 152.23.
   (B)   For residential construction inside special stormwater management area(s). The Stormwater Management Guide for Homebuilders in the Old Village Study Area shall be followed and approved by the Town Engineer prior to the issuance of a building permit. Alternative methods of equivalent means to manage and prevent adverse impacts from diffused water as a result of land altering activity shall be considered and evaluated based upon long-term maintenance obligations, acceptance and ownership of the aforementioned commitment by the Town Public Services Department Director.
   (C)   Nonresidential construction.  New construction or substantial improvement of any commercial, industrial or nonresidential building (or manufactured home) shall have the lowest floor, including basement, elevated no lower than the design flood elevation. Buildings located in all A-zones may be floodproofed in lieu of being elevated; provided that all areas of the building below the required elevation are watertight, with walls substantially impermeable to the passage of water, and use 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 subsection are satisfied. Such certification shall be provided to the Building Official as set forth in § 152.51(I).
   (D)   Buildings constructed on fill material.  A residential or nonresidential building may be constructed on permanent land fill in accordance with the following:
      (1)   The top of the fill shall be above the base flood elevation;
      (2)   The lowest floor (including basement) of the building or addition shall be at or above the design flood elevation;
      (3)   The fill shall be designed, installed and tested in accordance with accepted engineering practices, and shall extend at least five feet beyond the foundation of the building before sloping below the base flood elevation; provided, however, the five foot minimum extension of the fill beyond the foundation may be waived if a structural engineer certifies an alternative method to protect the building from damage due to erosion, scour and other hydrodynamic forces; and
      (4)   The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties.
   (E)   Residential accessory buildings.  New construction or substantial improvements to residential accessory buildings that contain habitable space shall meet the requirements of new construction as contained in this chapter. Residential accessory buildings that do not contain habitable space may be exempted from the elevation requirements in AE Zones only, provided the following conditions are met:
      (1)   The building is securely anchored in accordance with § 152.20(A);
      (2)   The building is constructed of flood-resistant materials below the design flood elevation in accordance with § 152.20(C);
      (3)   Exterior perimeter walls are provided with openings to relieve hydrostatic pressure in accordance with § 152.23(A), and the interior is not partitioned or finished into separate rooms;
      (4)   The building is used only for parking of vehicles and/or limited storage of equipment used to service the principal building; and
      (5)   Electrical, heating, ventilation, plumbing, air conditioning, and other service facilities are prohibited, except for essential lighting and power circuits.
(‘81 Code, § 152.05 b.) (Ord. passed 3-5-84; Am. Ord. passed 6-11-91; Am. Ord. passed 12-17-91; Am. Ord. passed 5-19-92; Am. Ord. 07055, passed 9-11-07; Am. Ord. 18039, passed 6-14-18)