(A) Residential construction.
(1) New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, and attached garages elevation elevated no lower than one foot above the community base flood elevation.
(2) Nonsubstantial improvements notice. Renovations/rehabilitations costing between 25% and 50% of the market value of the existing building and the building having the lowest floor below the flood protection elevation, will require the property owner to record a Notice of Floodplain Improvements (provided in the Floodplain Regulations Technical Guidance Document) with the County Register of Deeds office prior to the issuance of a building permit.
(B) Nonresidential construction. New construction or substantial improvement of any commercial, industrial or nonresidential structure shall have the lowest flood, including basement, elevated no lower than one foot above the level of the community base flood elevation, or be floodproofed 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 effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this division are satisfied. This certification shall be provided to the Floodplain Administrator.
(C) New buildings removed from the FEMA special flood hazard area by fill. When new buildings have been constructed on land that has been removed from the FEMA special flood hazard area by the placement of fill, they must have the lowest floor (including basement) elevated at least one foot above the community base flood elevation.
(D) Non-substantial Improvements Notice. Renovations/rehabilitations costing between 25% and 50% of the market value of an existing building having the lowest floor below the flood protection elevation, will require the property owner to record a Notice of Floodplain Improvements (provided in the Floodplain Regulations Technical Guidance Document) with the Mecklenburg County Register of Deeds Office prior to the issuance of a building permit.
(E) Elevated buildings. New construction or substantial improvement of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of flood waters to automatically equalize hydrostatic flood forces on exterior walls.
(1) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:
(a) Provide 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;
(b) The bottom of all openings shall be no higher than one foot above grade;
(c) Openings may be equipped with screens, louvers, valves or other coverings or devices, provided they permit the automatic flow of flood waters in both directions;
(d) Openings must be on different sides of the enclosed area if possible; and
(e) If the building has more than one enclosed area, each must have openings.
(2) Foundation enclosures:
(a) Vinyl or sheet metal skirting is not considered an enclosure for regulatory and flood insurance rating purposes. Therefore this skirting does not require hydrostatic openings as outlined above.
(b) Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires hydrostatic openings as outlined above to comply with this chapter.
1. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or enter to the living area (stairway or elevator).
2. The interior portion of the enclosed area shall not be partitioned or finished into separate rooms, except to enclosed storage areas.
3. The enclosed area shall be constructed entirely of flood resistant materials at least to the flood protection elevation.
(F) Dryland access. Access to habitable buildings during a flood event is extremely hazardous. Dryland access must be provided to new or substantially improved habitable buildings according to the following criteria.
(1) Dryland access is required if any portion of either the habitable building or vehicular access route, connecting the habitable building to a public street, is within the floodplain. If dryland access cannot be obtained, a variance to the requirement for dryland access may be granted by the Board of Adjustment. Plans and details for the dryland access must be submitted by a registered professional floodplain regulations engineer or surveyor and approved by the Floodplain Administrator.
(2) The following are exempt from the dryland access requirement.
(a) Substantial improvement to an existing habitable building where the property does not have any access to a dry public street.
(b) Construction of a new habitable building where both the habitable building and the access route connecting it to a public street are located entirely outside the community encroachment area and where the property does not have any access to a dry public street. Under this exemption, access from the habitable building to the public street must:
1. Connect to the highest point of the public street adjacent to the property;
2. Be constructed of gravel, pavement or concrete and be at least 12 feet wide; and
3. Be constructed entirely at or above the elevation of highest point of the public street adjacent to the property.
(G) FEMA floodway and community encroachment area. The FEMA floodway and the community encroachment area are very hazardous areas due to the velocity of flood waters which carry debris and potential projectiles and have erosion potential. The following provisions shall apply within these areas.
(1) Community encroachment area.
(a) No encroachments, requiring an individual floodplain development permit, including fill, new construction, substantial improvements and other development shall be permitted within the community encroachment area unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the encroachment would not result in increased flood heights of greater than 0.10 foot during the occurrence of a community base flood. The certification and associated technical data by a registered engineer shall be approved by the Floodplain Administrator. Any change which would cause a rise of more than 0.10 foot in the community base flood elevation will require notification of impacted property owners, and a Community Conditional Letter of Map Revision (CoCLOMR) from the Floodplain Administrator. If approved and constructed, as-built plans must be submitted and approved by the Floodplain Administrator and a Community Letter of Map Revision (CoLOMR) issued. A certificate of occupancy will not be issued without the above stated Community Letter of Map Revision.
(b) Projects impacting existing habitable buildings that increase the community base flood elevation more than 0.00 feet will not be allowed without a variance.
(2) FEMA floodway. No encroachments requiring an individual floodplain development permit, including fill, new construction, substantial improvements and other development shall be permitted within the FEMA floodway unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the encroachment would not result in any (0.00 feet) increase in the FEMA base flood elevations during the occurrence of a FEMA base flood and no increase in the community base flood elevations during the occurrence of the community base flood. Such analysis performed by a registered professional engineer shall be approved by the Floodplain Administrator. Any change which would cause a rise in the FEMA base flood elevation or an increase in the FEMA floodway width during the occurrence of the FEMA base flood will require notification of impacted property owners, and a Conditional Letter of Map Revision from FEMA. If approved and constructed, as-built plans must be submitted by the property owner and approved by FEMA and a Letter of Map Revision issued. A certificate of occupancy will not be issued without the above stated Conditional Letter of Map Revision.
(a) Any change which would cause a rise in the community base flood elevation or an increase in the width of the community encroachment area during the occurrence of the community base flood will require notification of impacted property owners, and a Community Conditional Letter of Map Revision (CoCLOMR).
(b) Projects which cause a rise of greater than 0.00 feet in the FEMA base flood elevation and impact an existing habitable building will not be allowed.
(H) Manufactured homes. No manufactured homes shall be permitted, except in an existing manufactured home park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivisions, provided the anchoring and the elevation standards of § 152.060(A) are met.
(I) Additions/improvements.
(1) Additions and/or improvements to non-compliant areas of pre-FIRM structures whereas the addition and/or improvements in combination with any interior modifications to the existing structure:
(a) Are not a substantial improvement, the addition and/or improvements must be designed to minimize flood damages and must not be any more nonconforming than the existing structure; or add additional nonconforming enclosed area to the structure.
(b) Are a substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards of § 152.061.
(2) Additions to post-FIRM structures with no modifications to the existing structure shall require only the addition to comply with the standards of § 152.061.
(3) Additions and/or improvements to post-FIRM structures whereas the addition and/or improvements in combination with any interior modifications to the existing structure:
(a) Are not a substantial improvement, the addition and/or improvements only must comply with the standards for new construction; or
(b) Are a substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards of § 152.061.
(c) Customary maintenance and/or repair are not considered additions or improvements.
(J) Manufactured homes.
(1) New and replaced manufactured homes must be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least one foot above the community base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Manufactured homes that are to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the provisions of § 152.061(C) must be elevated so that the lowest floor of the manufactured home is elevated at least one foot above community base flood elevation, and be securely anchored to an adequately anchored foundation to resist flotation, collapse and lateral movement.
(2) Manufactured homes shall be anchored to prevent flotation, collapse or lateral movement. For the purpose of this requirement, manufactured homes must be anchored to resist flotation, collapse or lateral movement in accordance with the Regulations for Mobile Homes and Modular Housing adopted by the Commissioner of Insurance pursuant to G.S. § 143-143.15. Additionally, when the elevation would be met by raising the chassis at least 36 inches or less above the grade at the site, the chassis shall be supported by reinforced piers or other foundation elements of at least equivalent strength. When the elevation of the chassis is above 36 inches in height, an engineering certification is required.
(3) An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or substantially damaged manufactured home parks or subdivision located within the area of special flood hazard. This plan shall be filed with and approved by the Floodplain Administrator and the local Emergency Management Coordinator.
(4) All enclosures or skirting below the lowest floor shall meet the requirements of § 152.061(D).
(K) Recreational vehicles. A recreational vehicle is ready for highway use if it is on wheels or jacking system, is attached to the site only by quick-disconnection type utilities and security devices, and has no permanent attached additions. Recreation vehicles placed on sites shall either:
(1) Be on site for fewer than 180 days;
(2) Be fully licensed and ready for highway use; or
(L) Temporary structures. Prior to issuance of a floodplain development permit for a temporary structure the following requirements must be met:
(1) All applicants must submit to the Floodplain Administrator a plan for removal of such structure(s) in the event of a hurricane or flash flood notification. The plan must include the following information:
(a) The name, address and phone number of the individual responsible for the removal of the structure;
(b) The time frame prior to the event at which a structure will be removed. The time specified may not exceed three months, and is renewable up to one year;
(c) A copy of the contract or other suitable instrument with a trucking company to insure the availability of removal equipment when needed;
(d) Designation, accompanied by documentation, of a location outside the floodplain to which the temporary structure will be removed; and
(e) A specified time period for which the temporary use will be permitted. The time specified may not exceed three months, and is renewable up to one year.
(2) The above information shall be submitted in writing to the Floodplain Administrator for review and written approval.
(M) Accessory structures. When accessory structures (sheds, detached garages and the like), are to be placed in the floodplain, 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 be designed to have a low flood damage potential;
(3) Accessory structures shall be firmly anchored in accordance with § 152.061(A);
(4) Service facilities such as electrical and heating equipment shall be elevated in accordance with § 152.061(C);
(5) Accessory structures shall have hydrostatic openings per § 152.061(D);
(6) Accessory structures under 150 square feet do not require an elevation or floodproofing certificate; and
(7) Accessory structures shall not be temperature-controlled.
(N) Parking spaces. The lowest elevation of any parking space required for new or substantially improved non-single-family habitable buildings must be no more than 0.5 feet below the Community Base Flood Elevation.
(O) Levees. Levees will be treated as development in the floodplain and are subject to all applicable sections of this chapter.
(1) A levee shall not be constructed solely to protect vacant property from flooding.
(2) With the exception of a levee that protects a building or feature that must be located in the vicinity of a stream to be functional such as a stream monitor, water/sewer facility or other uses approved by the Floodplain Administrator, levees require the approval of the Director of Mecklenburg County Storm Water Services, or his or her designee, regardless of their location within the community special flood hazard area (entire floodplain).
(3) With the exception of a levee that protects a building or feature that must be located in the vicinity of a stream to be functional such as a stream monitor, water/sewer facility or other uses approved by the Floodplain Administrator, the owner of the levee and the Director of Mecklenburg County Storm Water Services, or his or her designee, shall conduct an open house forum prior to consideration of approval. The open house forum initiates a 30-day comment period for the Director or his or her designee to receive comments from the public.
(4) Owners of land adjacent to a proposed levee shall be notified of the open house forum and be provided an opportunity to submit written comments during the 30-day comment period. Notification is to occur through regular mail, as well as a sign being placed at a conspicuous place at the creek and along the public and private road(s) of the properties that would be protected by the proposed levee.
(5) After the end of the 30-day comment period, but no more than 60 days from the end of the comment period, the Director shall approve or disapprove the application or request more information from the owner of the levee. If the Director determines that the additional information is sufficiently significant, the Director may offer an additional 30-day comment period to all parties involved. Consistent with § 152.049, the Director's decision may be appealed to the Zoning Board of Adjustment.
(6) Regardless of whether the proposed levee would meet FEMA certification requirements, floodplain lines and flood elevations will not be modified based on the location, performance or any other aspects of the levee.
(7) An instrument must be recorded in the chain of title for all parcels protected by a levee indicating the level of protection provided by the levee and the maintenance requirements as described in (8)(g) below.
(8) Levee permitting requirements. Prior to the issuance of a floodplain development permit for construction of a proposed levee, the applicant must submit the following information in writing to the Floodplain Administrator for review and written approval:
(a) Plans and/or specifications showing the location of the proposed levee is as far away from the adjacent creek as reasonably possible;
(b) Copy of the written approval for the levee received from the Director of County Storm Water Services;
(c) Verification of notification to owners of land adjacent to the proposed levee (those within 500 feet of the property lines of the parcel on which the proposed levee is to be located or within a distance equal to the length of the proposed levee, whichever is greater). Notification is also to include properties that are in the community special flood hazard area and within the hydraulic modeling limits as described below;
(d) Copies of all written comments received from property owners referenced above;
(e) Hydrologic and hydraulic flood models showing the proposed conditions if the levee is proposed to be located within the community encroachment area and:
1. Show no increase in water surface elevations on any existing habitable building using the current and future discharges for the ten, 25, 50, 100-year frequency flows;
2. Account for all feasible future levees in the area as deemed appropriate by the Floodplain Administrator;
(f) A copy of the contract with the entity responsible for construction of the proposed levee; and
(g) A copy of the maintenance plan for the levee which has been certified by a state professional engineer, which shall include a description of the process by which the levee will be inspected annually and provide for updated plans to be provided annually to property owners and residents intended to benefit from the levee.
(h) Levees constructed on an individual single family residential parcel are exempt from the requirements of § 152.061(M)(2)-(5), (7).
(1995 Code, § 26-67) (Ord. 2009-03, passed 2-10-2009; Ord. 2013-02, passed 3-12-2013; Ord. 2014-00, passed 2-11-2014)