§ 151.47 STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS.

    Within the special flood hazard areas designated as Approximate Zone A and established in § 151.31 of this chapter, where no base flood elevation (BFE) data has been provided by FEMA, the following provisions, in addition to the provisions of § 151.45 shall apply.

   (A)   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 registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

   (B)   The BFE used in determining the regulatory flood protection elevation shall be determined based on one of the following criteria:

      (1)   When 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 chapter and shall be elevated or flood-proofed in accordance with standards in §§ 151.45 and 151.46.

      (2)   When floodway or non-encroachment data is available from a federal, state, or other source, all new construction and substantial improvements within floodway and non- encroachment areas shall also comply with the requirements of §§ 151.46 and 151.49.

      (3)   All subdivision, manufactured home park and other development proposals shall provide BFE data if development is greater than five acres or more than 50 lots/manufactured home sites. Such BFE data shall be adopted by reference in accordance with § 151.31 and utilized in implementing this chapter.

      (4)   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 or floodproofed (nonresidential) to or above the regulatory flood protection elevation, as defined in § 151.05. All other applicable provisions of § 151.46 shall also apply.

(Ord. passed 10-11-2005; Am. Ord. 2020-03, passed 5-12-2020)

§ 151.48 STANDARDS FOR RIVERINE FLOODPLAINS WITH BFE, BUT WITHOUT ESTABLISHED FLOODWAYS OR NON-ENCROACHMENT AREAS.

    Along rivers and streams where BFE data is provided by FEMA or is available from another source 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:

   (A)   Standards of §§ 151.45 and 151.46 of this chapter; and

   (B)   Until a regulatory floodway or non-encroachment area is designated, no encroachments, including fill, new construction, substantial improvements or other development, shall be permitted unless certification with supporting technical data by a registered professional 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.

(Ord. passed 10-11-2005; Am. Ord. 2020-03, passed 5-12-2020)

§ 151.49 FLOODWAYS AND NON-ENCROACHMENT AREAS.

    Areas designated as floodways or non-encroachment areas are located within the special flood hazard areas established in § 151.31 of this chapter. 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 § 151.45 and § 151.46, shall apply to all development within such areas:

   (A)   (1)   No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless:

         (a)   It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood discharge, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Floodplain 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) must also be obtained within six months of completion of the proposed encroachment.

   (B)   If division (A) above is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this chapter.

   (C)   Manufactured homes may be permitted provided the following provisions are met:

      (1)   The anchoring and the elevation standards of § 151.46(C); and

      (2)   The encroachment standards of division (A) of this section.

(Ord. passed 10-11-2005; Am. Ord. 2020-03, passed 5-12-2020)

LEGAL STATUS PROVISIONS

§ 151.60 EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD DAMAGE PREVENTION ORDINANCE.

   (A)   This chapter in part comes forward by re-enactment of some of the provisions of the Flood Damage Prevention Ordinance enacted July 10, 1986 as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this chapter shall not affect any action, suit or proceeding instituted or pending. All provisions of the Flood Damage Prevention Ordinance of the Town of Richlands enacted on July 10, 1986, as amended, which are not reenacted herein are repealed.

   (B)   The date of the initial Flood Damage Prevention Ordinance for Onslow County is March 2, 1987.

(Ord. 2020-03, passed 5-12-2020)

§ 151.61 EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PERMITS.

   Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the Floodplain Administrator or his or her authorized agents before the time of passage of this chapter; provided, however, that when construction is not begun under such outstanding permit within a period of six months subsequent to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of this chapter.

(Ord. 2020-03, passed 5-12-2020)

§ 151.62 EFFECTIVE DATE.

   This chapter shall become effective June 19, 2020.

(Ord. 2020-03, passed 5-12-2020)