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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)
Structures in CAZs shall be designed and constructed to meet V Zone requirements, including requirements for breakaway walls. However, the NFIP regulations also require flood openings in walls surrounding enclosures below
in CAZs (see Technical Bulletin 1, Openings in Foundation Walls and Walls of Enclosures). Breakaway walls used in CAZs must have flood openings that allow for the automatic entry and exit of floodwaters to minimize damage caused by hydrostatic loads. Openings also function during smaller storms or if anticipated wave loading does not occur with the base flood.
(A) 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. Floodproofing shall not be utilized on any structures in
s to satisfy the regulatory flood protection elevation requirements.
(B) 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 shall meet the following design specifications:
(a) Breakaway walls shall have flood 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 design criteria in § 152.441; and
(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.
(C) Concrete pads, including patios, decks, parking pads, walkways, driveways, etc. must meet the provisions of § 152.445(E).
(D) All new construction and substantial improvements shall meet the provisions of § 152.445(C).
(E) 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 a locally developed V-Zone Certification form.
(F) Recreational vehicles may be permitted in
s provided that they meet the recreational vehicle criteria of § 152.441.
(G) Fill/grading must meet the provisions of § 152.445(J).
(H) Decks and patios must meet the provisions of § 152.445(N) and (O).
(I) In
,
other than buildings and structures must meet the provisions of § 152.445(P).
(Ord. 2020-O3, passed 6-8-2020)
(A) Located within the special flood hazard areas established in § 152.407, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to § 152.440 and § 152.441, all new construction and substantial improvements shall meet the following requirements:
(1) The reference level shall be elevated at least as high as the depth number specified on the Flood Insurance Rate Map (FIRM), in feet, plus a
of two feet above the highest adjacent grade; or at least two feet above the highest adjacent grade if no depth number is specified.
(2) Non-residential structures may, in lieu of elevation, be floodproofed to the same level as required in division (1) of this division (A) so that the structure, together with attendant utility and sanitary facilities, below that level shall be watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required in accordance with § 152.426 and § 152.441.
(3) Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2020-O3, passed 6-8-2020)
Located within the special flood hazard areas established in § 152.407, are areas designated as shallow flooding areas. These areas are subject to inundation by 1%-annual chance shallow flooding (usually areas of ponding) where average depths are one to three feet. Base flood elevations are derived from detailed hydraulic analyses are shown in this zone. In addition to § 152.440 and § 152.441, all new construction and substantial improvements shall meet the following requirements:
(A) Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
(Ord. 2020-O3, passed 6-8-2020)
PART IV: LEGAL STATUS PROVISIONS
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