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(A) Violations to be corrected. When the Floodplain Administrator finds violations of applicable state and local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification.
(B) Actions in event of failure to take corrective action. If the owner of a building or property shall fail to take prompt corrective action, the Floodplain Administrator shall give the owner written notice, by certified or registered mail to the owner’s last known address or by personal service, stating:
(1) That the building or property is in violation of the floodplain management regulations;
(2) That a hearing will be held before the Floodplain Administrator at a designated place and time, not later that ten days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and
(3) That following the hearing, the Floodplain Administrator may issue an order to alter, vacate, or demolish the building; or to remove fill as applicable.
(C) Order to take corrective action. If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator shall find that the building or development is in violation of the flood damage prevention ordinance, he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than 60 days, nor more than 180 calendar days. Where the Floodplain Administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible.
(D) Appeal. Any owner who has received an order to take corrective action may appeal the order to the Flood Management Appeals Board by giving notice of appeal in writing to the Floodplain Administrator and the Town Clerk within ten days following issuance of the final order, In the absence of an appeal, the order of the Floodplain Administrator shall be final. The Flood Management Appeals Board shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.
(E) Failure to comply with order. If the owner of a building or property fails to comply with an order to take corrective action of which no appeal has been made or fails to comply with an order of the Flood Management Appeals Board following an appeal, the owner shall be guilty of a Class 1 misdemeanor pursuant to G.S. §143-215.58 and shall be punished at the discretion of the court.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2020-O3, passed 6-8-2020)
(A) The Flood Management Appeals Board, as established by the Town of Swansboro hereinafter referred to as the Appeal Board, shall hear and decide requests for variances from the requirements of this subchapter.
(B) Any person aggrieved by the decision of the Appeal Board may appeal such decision to the Court, as provided in Chapter 7A of the North Carolina General Statutes.
(C) Variances may be issued for:
(1) The repair or rehabilitation of historic structures upon the
that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure;
(2) Functionally dependent facilities if determined to meet the definition as stated in § 152.405, provided provisions of divisions (I)(2), (3), and (5) of this section have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety; or
(3) Any other type of development, provided it meets the requirements stated in this section.
(D) In passing upon variances, the Appeal Board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this subchapter, and:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the community;
(5) The necessity to the facility of a waterfront location as defined under § 152.405 as a functionally dependent facility, where applicable;
(6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the
and floodplain management program for that area;
(9) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
(11) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
(E) A written report addressing each of the above factors shall be submitted with the application for a variance.
(F) Upon consideration of the factors listed above and the purposes of this subchapter, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purposes and objectives of this subchapter.
(G) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the BFE and the elevation to which the structure is to be built and that such construction below the BFE increases risks to life and property, and that the issuance of a variance to construct a structure below the BFE may result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.
(H) The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the FEMA and the State of North Carolina upon request.
(I) Conditions for variances.
(1) Variances shall not be issued when the variance will make the structure in violation of other federal, state, or local laws, regulations, or ordinances.
(2) Variances shall not be issued within any designated
or non-encroachment area if the variance would result in any increase in flood levels during the base flood discharge.
(3) Variances shall only be issued upon a
that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(4) Variances shall only be issued prior to development permit approval.
(5) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A
that failure to grant the variance would result in exceptional hardship; and
(c) A
that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expenses, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(J) A variance may be issued for solid waste
facilities or sites, hazardous waste management facilities, salvage yards, and
that are located in special flood hazard areas provided that all of the following conditions are met.
(1) The use serves a critical need in the community.
(2) No feasible location exists for the use outside the special flood hazard area.
(3) The reference level of any structure is elevated or flood-proofed to at least the regulatory flood protection elevation.
(4) The use complies with all other applicable federal, state and local laws.
(5) The Town of Swansboro has notified the Secretary of the North Carolina Department of Public Safety of its intention to grant a variance at least 30 calendar days prior to granting the variance.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2012-O4, passed 4-17-2012; Am. Ord. 2014-O13, passed 6-17-2014; Am. Ord. 2020-O3, passed 6-8-2020)
PART III: PROVISIONS FOR FLOOD HAZARD REDUCTION
In all special flood hazard areas the following provisions are required:
(A) All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure;
(B) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage in accordance with the FEMA Technical Bulletin 2, Flood Damage-Resistant Materials Requirements;
(C) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damages;
(D) All new electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment shall be located at or above the RFPE or designed and installed to prevent water from entering or accumulating within the components during the occurrence of the base flood. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, water heaters, and electric outlets/switches;
(1) Replacements part of a substantial improvement, electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment shall also meet the above provisions;
(2) Replacements that are for maintenance and not part of a substantial improvement, may be installed at the original location provided the addition and/or improvements only comply with the standards for new construction consistent with the code and requirements for the original structure;
(E) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
(F) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters;
(G) On-site waste
systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;
(H) Nothing in this subchapter shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this subchapter and located totally or partially within the
, non-encroachment area, or stream setback, provided there is no additional encroachment below the regulatory flood protection elevation in the
, non-encroachment area, or stream setback ,and provided that such repair, reconstruction, or replacement meets all of the other requirements of this subchapter;
(I) New solid waste
facilities and sites, hazardous waste management facilities, salvage yards, and
shall not be permitted, except by variance as specified in § 152.429. 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 flood-proofed to at least the regulatory flood protection elevation and certified in accordance with the provisions of § 152.426(C);
(J) All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage;
(K) 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;
(L) All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards;
(M) 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;
(N) When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements; and
(O) When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and the highest BFE shall apply.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2020-O3, passed 6-8-2020)
(A) Residential construction. New construction and 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 § 152.405.
(B) Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or non-residential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in § 152.405. Structures located in Zones A, AE, AH, AO, A99 may be flood-proofed to the regulatory flood protection elevation in lieu of elevation provided that all areas of the structure, together with attendant utility and sanitary facilities, below the regulatory flood protection 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. For AO Zones, the floodproofing elevation shall be in accordance with § 152.447. A registered professional engineer or architect shall certify that the floodproofing standards of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in § 152.426(C), along with the operational plan and the inspection and maintenance plan.
(C) Manufactured homes.
(1) New and replacement manufactured homes shall be elevated so that the reference level of the manufactured home is no lower than the regulatory flood protection elevation, as defined in § 152.405.
(2) Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement, either by certified engineered foundation system, or in accordance with the most current edition of the State of North Carolina Regulations for Manufactured Homes adopted by the Commissioner of Insurance pursuant to G.S. § 143-143.15. 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.
(3) All enclosures or skirting below the lowest floor shall meet the requirements of § 152.441.
(4) An evacuation plan must 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 local emergency management coordinator.
(D) Elevated buildings. Fully enclosed area, of new construction and substantially improved structures, which is below the lowest floor or below the lowest horizontal structural member in VE Zones:
(1) 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 finished or partitioned into separate rooms, except to enclose storage areas;
(2) Shall be constructed entirely of flood resistant materials at least to the regulatory flood protection elevation; and
(3) Shall include, in Zones A, AE, AH, AO, A99flood openings to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet or exceed the following minimum design criteria:
(a) A minimum of two flood openings on different sides of each enclosed area subject to flooding;
(b) The total net area of all flood openings must be at least one square inch for each square foot of enclosed area subject to flooding;
(c) If the building has more than one enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit;
(d) The bottom of all required flood openings shall be no higher than one foot above the higher of the interior or exterior adjacent grade;
(e) Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and
(f) Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above.
(4) Shall, in Coastal High Hazard Areas (Zone VE), meet the requirements of § 152.445.
(E) Additions/improvements.
(1) 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:
(a) Not a substantial improvement, the addition and/or improvements must be designed to minimize flood damages and must not be any more non-conforming that the existing structure; and
(b) A substantial improvement, with modifications/rehabilitations/improvements to the existing structure or the common wall is structurally modified more than installing a doorway, both the existing structure and the addition must comply with the standards for new construction.
(2) Additions to pre-FIRM or post-FIRM structures that are a substantial improvement with no modifications/rehabilitations/improvements 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.
(3) Additions and/or improvements to post-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:
(a) Not a substantial improvement, the addition and/or improvements only must comply with the standards for new construction consistent with the code and requirements for the original structure; and
(b) A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.
(4) Any combination of repair, reconstruction, rehabilitation, addition or improvement of a building or structure taking place during a one year period, the cumulative cost of which equals or exceeds 50% of the market value of the structure before the improvement or repair is started must comply with the standards for new construction. For each building or structure, the one year period begins on the date of the first improvement or repair of that building or structure subsequent to the effective date of this subchapter. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The requirement does not, however, include either:
(a) Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the Building Official and that are the minium necessary to assume safe living conditions; or
(b) Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure.
(F) Recreational vehicles. Recreational vehicles shall either:
(1) Temporary placement.
(a) Be on site for fewer than 180 consecutive days; or
(b) Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or a jacking system, is attached to the site only by quick disconnect type utilities and has no permanently attached additions.
(2) Permanent placement. Recreational vehicles that do not meet the limitations of temporary placement shall meet all the requirements for new construction.
(G) Temporary non-residential structures. Prior to the issuance of a floodplain development permit for a temporary structure, the applicant must 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:
(1) A specified time period for which the temporary use will be permitted. Time specified may not exceed three months, renewable up to one year;
(2) The name, address, and phone number of the individual responsible for the removal of the temporary structure;
(3) 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);
(4) A copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure; and
(5) Designation, accompanied by documentation of a location outside the special flood hazard area, to which the temporary structure will be moved.
(H) 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:
(1) Accessory structures shall not be used for human habitation ( including working, sleeping, living, cooking, or restroom areas);
(2) Accessory structures shall not be temperature-controlled;
(3) Accessory structures shall be designed to have low flood damage potential;
(4) Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;
(5) Accessory structures shall be firmly anchored in accordance with the provisions of § 152.440(A);
(6) Accessory structures, regardless of the size or cost, shall not be placed below elevated buildings in V and VE Zones;
(7) All service facilities such as electrical shall be installed in accordance with the provisions of § 152.440; and
(8) Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below regulatory flood protection elevation in conformance with the provisions of division (D) of this section.
(9) An accessory structure with a footprint less than 150 square feet or that is a minimal investment of $5,000 or less and satisfies the criteria outlined above is not required to meet the elevation or flood-proofing standards of this section. Elevation or flood-proofing certifications are required for all other accessory structures in accordance with § 152.426(C).
(I) Tanks. When gas and liquid storage tanks are to be placed within a special flood hazard area, the following criteria shall be met:
(1) Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty;
(2) Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated to or above the regulatory flood protection elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area;
(3) Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of this section shall not be permitted in V or VE Zones. Tanks may be permitted in other flood hazard areas provided the tanks are designed, constructed, installed, and anchored to resist all flood-related and other loads, including the effects of buoyancy, during conditions of the design flood and without release of contents in the floodwaters or infiltration by floodwaters into the tanks. Tanks shall be designed, constructed, installed, and anchored to resist the potential buoyant and other flood forces acting on an empty tank during design flood conditions.
(4) Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
(a) At or above the regulatory flood protection elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and
(b) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.
(J) Other development.
(1) Fences in regulated
s and non-encroachment areas that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of § 152.444.
(2) Retaining walls, sidewalks and driveways in regulated
s and non-encroachment areas. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated
s shall meet the limitations of § 152.444.
(3) Roads and watercourse crossings in regulated
s and non-encroachment areas. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated
s shall meet the limitations of § 152.444.
(4) Commercial storage facilities are not considered "limited storage" as noted in this subchapter, and shall be protected to the regulatory flood protection elevation as required for commercial structures.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2020-O3, passed 6-8-2020)
(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; and
(B) The BFE used in determining the regulatory flood protection elevation shall be determined based on the following criteria:
(3) All subdivision, manufactured home park and other development proposals shall provide BFE data if development is greater than five acres or has more than 50 lots/manufactured home sites. Such BFE data shall be adopted by reference in accordance with § 152.407 and utilized in implementing this subchapter; and
(4) When BFE data is not available from a federal, state, or other source as outlined above, the reference level shall be elevated or floodproofed (non-residential) to or above the regulatory flood protection elevation, as defined in § 152.407. All other applicable provisions of § 152.405 shall also apply.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2020-O3, passed 6-8-2020)
Along rivers and streams where BFE data is provided by FEMA or is available from another source but neither
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:
(B) Until a regulatory
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.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2020-O3, passed 6-8-2020)
Areas designated as floodways or
are located within the
established in § 152.407. The floodways and
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 §§ 152.440 and 152.441, shall apply to all
within such areas:
(A) No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless:
(1) 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
(2) 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) Division (A) of this section is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this subchapter.
(C) Manufactured homes may be permitted provided the following provisions are met:
(1) The anchoring and the elevation standards of § 152.441; and
(2) The no encroachment standards of division (A) of this section are met.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2020-O3, passed 6-8-2020)
Coastal high hazard areas are special flood hazard areas established in § 152.407, and designated as Zone VE. These areas have special flood hazards associated with high velocity waters from storm surges or seismic activity and, therefore, all new construction and substantial improvements shall meet the following provisions in addition to the provisions of § 152.440 and § 152.441.
(A) All new construction and substantial improvements shall:
(1) Be located landward of the reach of mean high tide; and
(2) Comply with all applicable CAMA setback requirements.
(B) All new construction and substantial improvements shall be elevated so that the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns) is no lower than the regulatory flood protection elevation. Flood-proofing shall not be utilized on any structures in coastal high hazard areas to satisfy the regulatory flood protection elevation requirements.
(C) All new construction and substantial improvements shall have the space below the bottom of the lowest horizontal structural member of the lowest floor either be free of obstruction or constructed with breakaway walls, open wood latticework or insect screening, provided they are not part of the structural support of the building and are designed so as to breakaway, under abnormally high tides or wave action without causing damage to the elevated portion of the building or supporting foundation system or otherwise jeopardizing the structural integrity of the building. The following design specifications shall be met:
(1) Material shall consist of open wood or plastic lattice having at least 40% of its area open;
(2) Insect screening; or
(3) Breakaway walls which meet the following design specifications:
(a) Breakaway walls shall have flood openings that allow for the automatic entry and exit of floodwaters to minimize damage caused by hydrostatic loads, per § 152.441;
(b) Design safe loading resistance shall be not less than ten nor more than 20 pounds per square foot; or
(c) Breakaway walls that exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by state or local codes) shall be certified by a registered professional engineer or architect that the breakaway wall will collapse from a water load less than that which would occur during the base flood event, and the elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and non-structural). The water loading values used shall be those associated with the base flood. The wind loading values used shall be those required by the North Carolina State Building Code.
(D) All new construction and substantial improvements shall be securely anchored to pile or column foundations. All pilings and columns and the structure attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all building components.
(1) Water loading values used shall be those associated with the base flood.
(2) Wind loading values used shall be those required by the current edition of the North Carolina State Building Code.
(E) For concrete pads, including patios, decks, parking pads, walkways, driveways, pool decks, etc. the following is required:
(1) Shall be structurally independent of the primary structural foundation system of the structure and shall not adversely affect structures through redirection of floodwaters or debris;
(2) Shall be constructed to breakaway cleanly during design flood conditions, shall be frangible, and shall not produce debris capable of causing damage to any structure. The installation of concrete in small segments (approximately four feet x four feet) that will easily break up during the base flood event, or scoring the concrete in four feet x four feet maximum segments is acceptable to meet this standard;
(3) Reinforcing, including welded wire fabric, shall not be used in order to minimize the potential for concreted pads being a source of debris; and
(4) Pad thickness shall not exceed four inches; or
(5) Provide a Design Professional's certification stating the design and method of construction to be used meet the applicable criteria of this section.
(F) For swimming pools and spas, the following is required:
(1) Be designed to withstand all flood-related loads and load combinations;
(2) Be elevated so that the lowest horizontal structural member is elevated above the RFPE;
(3) Be designed and constructed to break away during design flood conditions without producing debris capable of causing damage to any structure; or
(4) Be sited to remain in the ground during design flood conditions without obstructing flow that results in damage to any structure.
(5) Registered design professionals must certify to local officials that a pool or spa beneath or near a VE Zone building will not be subject to flotation or displacement that will damage building foundations or elevated portions of the building or any nearby buildings during a coastal flood.
(6) Pool equipment shall be located above the RFPE whenever practicable. Pool equipment shall not be located beneath an elevated structure.
(G) All elevators, vertical platform lifts, chair lifts, etc., the following is required:
(1) Elevator enclosures must be designed to resist hydrodynamic and hydrostatic forces as well as erosion, scour, and waves.
(2) Utility equipment in Coastal High Hazard Areas (VE Zones) must not be mounted on, pass through, or be located along breakaway walls.
(3) The cab, machine/equipment room, hydraulic pump, hydraulic reservoir, counter weight and roller guides, hoist cable, limit switches, electric hoist motor, electrical junction box, circuit panel, and electrical control panel are all required to be above RFPE. When this equipment cannot be located above the RFPE, it must be constructed using flood damage-resistant components.
(4) Elevator shafts/enclosures that extend below the RFPE shall be constructed of reinforced masonry block or reinforced concrete walls and located on the landward side of the building to provide increased protection from flood damage. Drainage must be provided for the elevator pit.
(5) Flood damage-resistant materials can also be used inside and outside the elevator cab to reduce flood damage. Use only stainless steel doors and door frames below the BFE. Grouting in of door frames and sills is recommended.
(6) If an elevator is designed to provide access to areas below the BFE, it shall be equipped with a float switch system that will activate during a flood and send the elevator cab to a floor above the RFPE.
(H) Accessory structures, regardless of size or cost, shall not be permitted below elevated structures.
(I) A registered professional engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions of § 152.426, and § 152.445 on the current version of the North Carolina V-Zone Certification form or equivalent local version. In addition, prior to the certificate of compliance/occupancy issuance, a registered professional engineer or architect shall certify the finished construction is compliant with the design, specifications and plans for VE Zone construction.
(J) Fill/grading.
(1) Minor grading and the placement of minor quantities of non-structural fill may be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways.
(2) The fill material must be similar and consistent with the natural soils in the area.
(3) The placement of site-compatible, non-structural fill under or around an
is limited to two feet. Fill greater than two feet must include an analysis prepared by a qualified registered design professional demonstrating no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent
s and structures.
(4) Nonstructural fill with finished slopes that are steeper than five units horizontal to one unit vertical shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent
s and structures.
(K) There shall be no alteration of
or mangrove stands which would increase potential flood damage.
(L) 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 subdivision provided the anchoring and elevation standards are in compliance with this section of the subchapter.
(M) Recreational vehicles may be permitted in coastal high hazard areas provided that they meet the recreational vehicle criteria of § 152.441.
(N) A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the regulatory flood protection elevation and any supporting members that extend below the regulatory flood protection elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck. The increased loads must be considered in the design of the primary structure and included in the V-Zone Certification required under § 152.426.
(O) A deck or patio that is located below the regulatory flood protection elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures.
(P) In
,
other than buildings and structures shall be permitted only if also authorized by the appropriate state or local authority; if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other
include but are not limited to:
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters.
(3) Docks, piers, and similar structures.
(Q) No more than four electrical outlets and no more than four electrical switches may be permitted below RFPE unless required by building code.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2020-O3, passed 6-8-2020)
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