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§ 91.21 FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT AND CERTIFICATION REQUIREMENTS.
   (A)   Application requirements. Application for a floodplain development permit shall be made to the Floodplain Administrator prior to any development activities located within Special Flood Hazard Areas. The following items shall be presented to the Floodplain Administrator to apply for a floodplain development permit:
      (1)   A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:
         (a)   The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;
         (b)   The boundary of the Special Flood Hazard Area as delineated on the FIRM or other flood map as determined in § 91.07, or a statement that the entire lot is within the Special Flood Hazard Area;
         (c)   Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in § 91.07;
         (d)   The boundary of the floodway(s) or non-encroachment area(s) as determined in § 91.07;
         (e)   The base flood elevation (BFE) where provided as set forth in § 91.07, § 91.22 or § 91.42;
         (f)   The old and new location of any watercourse that will be altered or relocated as a result of proposed development; and
         (g)   The certification of the plot plan by a registered land surveyor or professional engineer.
      (2)   Proposed elevation, and method thereof, of all development within a Special Flood Hazard Area including but not limited to:
         (a)   Elevation in relation to NAVD 1988 of the proposed reference level (including basement) of all structures;
         (b)   Elevation in relation to NAVD 1988 to which any non-residential structure in Zones A, AE, AB, AO, A99 will be floodproofed; and
         (c)   Elevation in relation to NAVD 1988 to which any proposed utility systems will be elevated or floodproofed.
      (3)   If floodproofing, a Floodproofing Certificate (FEMA Form 086-0-34) with supporting data, an operational plan, and an inspection, and maintenance plan that include, but are not limited to, installation, exercise, and maintenance of f1oodproofing measures.
      (4)   A foundation plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this chapter are met. These details include but are not limited to:
         (a)   The proposed method of elevation, if applicable (i.e. fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear walls); and
         (b)   Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with § 91.41(D)(4) when solid foundation perimeter walls are used in Zones A, AB, AB, AD, A99.
      (5)   Usage details of any enclosed areas below the lowest floor.
      (6)   Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage.
      (7)   Certification that all other local, state and federal permits required prior to floodplain development permit issuance have been received.
      (8)   Documentation for placement of recreational vehicles and/or temporary structures, when applicable, to ensure that the provisions of § 91.41(F) and (G) are met.
      (9)   A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on tile flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.
   (B)   Permit requirements. The floodplain development permit shall include, but not be limited to:
      (1)   A complete description of all the development to be permitted under the floodplain development permit (e.g. house, garage, pool, septic, bulkhead, cabana, pier, bridge, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials, etc.).
      (2)   The Special Flood Hazard Area determination for the proposed development in accordance with available data specified in § 91.07.
      (3)   The regulatory flood protection elevation required for the reference level and all attendant utilities.
      (4)   The regulatory flood protection elevation required for the protection of all public utilities.
      (5)   All certification submittal requirements with timelines.
      (6)   A statement that no fill material or other development shall encroach into the floodway or non-encroachment area of any watercourse unless the requirements of § 91.44 have been met.
      (7)   The flood openings requirements, if in Zones A, AE, AH, AO, A99.
      (8)   Limitations of below BFE enclosure uses (if applicable), (i.e., parking, building access and limited storage only).
      (9)   All materials below BFE/RFPE must be flood-resistant materials.
   (C)   Certification requirements.
      (1)   Elevation certificates.
         (a)   An Elevation Certificate (FEMA Form 086-0-33) is required prior to the actual start of any new construction. It sha1l be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to NAVD 1988. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.
         (b)   A Final Finished Construction Elevation Certificate (FEMA Form 086-0-33) is required after construction is completed and prior to certificate of compliance/occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/Occupancy issuance.
In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy. The Finished Construction Elevation Certificate certifier shall provide at least two photographs showing the front and rear of the building taken within 90 days from the date of certification. The photographs must be taken with views confirming the building description and diagram number provided in Section A. To the extent possible, these photographs should show the entire building including foundation. If the building has split-level or multi-level areas, provide at least two additional photographs showing side views of the building. In addition, when applicable, provide a photograph of the foundation showing a representative example of the flood openings or vents. All photographs must be in color and measure at least three inches by three inches.
      (2)   Floodproofing certificate.
         (a)   If non-residential floodproofing is used to meet the regulatory flood protection elevation requirements, a Floodproofing Certificate (FEMA Form 086-0-34), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to NAVD 1988. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The Floodplain Administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit failure to construct in accordance with the certified design shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy.
         (b)   A final Finished Construction Floodproofing Certificate (FEMA Form 086-0-34), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the issuance of a Certificate of Compliance/Occupancy. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to NAVD 1988. Floodproofing certificate shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The Floodplain Administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to Certificate of Occupancy. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit failure to construct in accordance with the certified design shall be cause to deny a Certificate of Compliance/Occupancy.
      (3)   If a manufactured home is placed within Zones A, AE, AH, AO, A99 and the elevation of tho chassis is more than 36 inches in height above grade, an engineered foundation certification is required in accordance with the provisions of § 91.41(C)(2).
      (4)   If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; a professional engineer's certified report on the effects of the proposed project on the f1ood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance of a floodplain development permit.
      (5)   Certification exemptions. The following structures, if located within Zones A, AE, AH, AO, A99, are exempt from the elevation/floodproofing certification requirements specific in divisions (C)(1) and (C)(2)(a) and (b) of this section:
         (a)   Recreational vehicles meeting requirements of § 91.41(F)(1);
         (b)   Temporary structures meeting requirements of § 91.41(G); and
         (c)   Accessory structures that are 150 square feet or less or $3000 dollars or less and meeting requirements of § 91.41(H).
   (D)   Determinations for existing buildings and structures. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the building official, shall:
      (1)   Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;
      (2)   Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;
      (3)   Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and
      (4)   Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood-resistant construction requirements of the NC Building Code and this chapter is required.
(Ord., passed 8-23-89; Am. Ord., passed 11-22-05; Am. Ord., passed 4-25-18)
§ 91.22 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
   The Floodplain Administrator shall perform, but not be limited to, the following duties:
   (A)   Review all floodplain development applications and issue permits for all proposed development within Special Flood Hazard Areas to assure that the requirements of this chapter have been satisfied.
   (B)   Review all proposed development within Special Flood Hazard Areas to assure that all necessary local, state and federal permits have been received, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
   (C)   Notify adjacent communities and the North Carolina Department of Public Safety, Division of Emergency Management. State Coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).
   (D)   Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained.
   (E)   Prevent encroachments into floodways and non-encroachment areas unless the certification and flood hazard reduction provisions of § 91.44 are met.
   (F)   Obtain actual elevation (in relation to NAVD 1988) of the reference level (including basement) and all attendant utilities of all new and substantially improved structures, in accordance with the provisions of § 91.21(C).
   (G)   Obtain actual elevation (in relation to NAVD 1988) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the provisions of § 91.21(C).
   (H)   Obtain actual elevation (in relation to NAVD 1988) of all public utilities in accordance with the provisions of § 91.21(C).
   (I)   When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with the provisions of § 91.21(C) and § 91.41(B).
   (J)   Where interpretation is needed as to the exact location of boundaries of the Special Flood Hazard Areas, floodways, or non-encroachment areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this subchapter.
   (K)   When BFE data has not been provided in accordance with the provisions of § 91.07, obtain, review, and reasonably utilize any BFE data, along with floodway data or non-encroachment area data available from a federal, state, or other source, including data developed pursuant to § 91.42(B)(3), in order to administer the provisions of this chapter.
   (L)   When BFE data is provided but no floodway or non-encroachment area data has been provided in accordance with the provisions of § 91.07, obtain, review, and reasonably utilize any floodway data or non-encroachment area data available from a federal, state, or other source in order to administer the provisions of this chapter.
   (M)   When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a parcel in a Special Flood Hazard Area is above the BFE, advise the property owner of the option to apply for a Letter of Map Amendment (LOMA) from FEMA. Maintain a copy of the LOMA issued by FEMA in the floodplain development permit file.
   (N)   Permanently maintain all records that pertain to the administration of this chapter and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended.
   (O)   Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action.
   (P)   Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this chapter, the Floodplain Administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing or in charge of the work. The stop-work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor.
   (Q)   Revoke floodplain development permits as required. The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable state or local law may also be revoked.
   (R)   Make periodic inspections throughout the Special Flood Hazard Areas within the jurisdiction of the community. The Floodplain Administrator and each member of his or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.
   (S)   Follow through with corrective procedures of § 91.23.
   (T)   Review, provide input, and make recommendations for variance requests.
   (U)   Maintain a current map repository to include, but not be limited to, historical and effective FIS Report, historical and effective FIRM and other official flood maps and studies adopted in accordance with the provisions of § 91.07, including any revisions thereto including Letters of Map Change, issued by FEMA. Notify state and FEMA of mapping needs.
   (V)   Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based on Fill (LOMR-Fs) and Letters of Map Revision (LOMRs).
(Ord., passed 8-23-89; Am. Ord., passed 11-22-05; Am. Ord., passed 4-25-18)
§ 91.23 CORRECTIVE PROCEDURES.
   (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 mall 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 than 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 this chapter, 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 calendar days, nor more than at least 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 local elected governing body by giving notice of appeal in writing to the Floodplain Administrator and the 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 local governing body shall bear 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 falls to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the governing body 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., passed 11-22-05; Am. Ord., passed 4-25-18)
§ 91.24 VARIANCE PROCEDURES.
   (A)   The Village Council as established by the Village of Walnut Creek, hereinafter referred to as the "appeal board", shall bear and decide requests for variances from the requirements of this chapter.
   (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 determination 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 § 91.05, provided provisions of divisions (I)(2), (I)(3) and (I)(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 of 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 chapter, 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 § 91.05 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 comprehensive plan 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 chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes and objectives of this chapter.
   (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 S100 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 floodway 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 determination 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 determination that failure to grant the variance would result in exceptional hardship; and
         (c)   A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, 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 disposal facilities or sites, hazardous waste management facilities, salvage yards, and chemical storage facilities 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 floodproofed to at least the regulatory flood protection elevation.
      (4)   The use complies with all other applicable federal, state and local laws.
      (5)   The Village of Walnut Creek 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., passed 8-23-89; Am. Ord., passed 11-22-05; Am. Ord., passed 4-25-18)
PROVISIONS FOR FLOOD HAZARD REDUCTION
§ 91.40 GENERAL STANDARDS.
   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 and 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 disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
   (H)   Nothing in this chapter shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this chapter and located totally or partially within the floodway, non-encroachment area, or stream setback, provided there is no additional encroachment below the regulatory flood protection elevation in the floodway, non-encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this chapter.
   (I)   New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted, except by variance as specified in § 91.24(J). 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 floodproofed to at least the regulatory flood protection elevation and certified in accordance with the provisions of § 91.21(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.
   (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., passed 8-23-89; Am. Ord., passed 11-22-05; Am. Ord., passed 4-25-18)
§ 91.41 SPECIFIC STANDARDS.
   In all Special Flood Hazard Areas where BFE data has been provided, as set forth in § 91.07 or § 91.42 the following provisions, in addition to the provisions of § 91.40, are required:
   (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 § 91.05.
   (B)   Non-residential construction. New construction and substantial improvement of any commercial, industrial, or other non-residential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in § 91.05. Structures located in Zones A, AE, AH, AO, A99 may be floodproofed 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 § 91.45(B). A registered professional engineer or architect shall certify that the floodproofing standards of this division are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in § 91.21(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 § 91.05.
      (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 division (D) of this section.
      (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:
      (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 not be temperature-controlled or conditioned;
      (3)   Shall be constructed entirely of flood-resistant materials at least to the regulatory flood protection elevation; and
      (4)   Shall include, in Zones A, AB, AH, AO, A99 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 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 a 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.
      (5)   Property owners shall be required to execute and record a non-conversion agreement prior to issuance of a building permit declaring that the area below the lowest floor shall not be improved, finished or otherwise converted to habitable space; the Village of Walnut Creek will have the right to inspect the enclosed area. The Village of Walnut Creek will conduct annual inspections. This agreement shall be recorded with the Wayne County Register of Deeds and shall transfer with the property in perpetuity.
      (6)   Release of restrictive covenant. If a property which is bound by a non-conversion agreement is modified to remove enclosed areas below BFE, then the owner may request release of restrictive covenant after staff inspection and submittal of confirming documentation.
   (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 than the existing structure.
         (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.
         (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 ten-year period begins on the date of the first improvement or repair of that building or structure subsequent to the effective date of this chapter. Substantial damage also means flood-related damage sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred. 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 minimum necessary to assume safe living conditions.
         (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 nod ready for highway use (A recreational vehicle is ready for highway use if it is on its wheels or 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.
      (1)   When accessory structures (sheds, detached garages, etc.) are to be placed within a Special Flood Hazard Area, the following criteria shall be met:
         (a)   Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking or restroom areas);
         (b)   Accessory structures shall not be temperature-controlled;
         (c)   Accessory structures shall be designed to have low flood damage potential;
         (d)   Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;
         (e)   Accessory structures shall be firmly anchored in accordance with the provisions of § 91.40(A);
         (f)   All service facilities such as electrical shall be installed in accordance with the provisions of § 91.40(D); and
         (g)   Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below regulatory flood protection elevation in conformance with the provisions of § 91.41(D)(4).
      (2)   An accessory structure with a footprint less than 150 square feet or that is a minimal investment of $3,000 or less and satisfies the criteria outlined above is not required to meet the elevation or floodproofing standards of § 91.41(B). Elevation or f1oodproofing certifications are required for all other accessory structures in accordance with § 91.41(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 § 91.41(B) shall be permitted in 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 floodways and NEAs that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of § 91.44.
      (2)   Retaining walls, sidewalks and driveways in regulated floodways and NEAs. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of § 91.44.
      (3)   Roads and watercourse crossings in regulated floodways and NEAs. 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 floodways shall meet the limitations of § 91.44.
(Ord., passed 8-23-89; Am. Ord., passed 11-22-05; Am. Ord., passed 6-26-13; Am. Ord., passed 4-25-18; Am. Ord., passed 7-24-19)
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