Floodplain and Flood Damage Protection Standards

Sec. 8.4. Floodplain and Flood Damage Protection Standards

8.4.1. Purpose

The primary purpose of the floodplain and flood damage protection standards is to preserve and maintain the natural floodplain in an undisturbed vegetated state in order to maintain flood storage capacity, control stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt., improve water quality and conserve plant and wildlife habitat. Additionally, these standards serve to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions within flood prone areas.

In addition, this section serves to facilitate implementation of the Federal Flood Insurance The insurance coverage provided under the National Flood Insurance Program. Program and to minimize the possibility that new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. will sustain damage from flooding by:

A. Restricting or prohibiting uses that are dangerous to health, safety and property due to water or erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. hazards, or which result in damaging increases in erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. or in flood heights or velocities;

B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C. Controlling the alteration of natural floodplains, stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

D. Controlling filling, grading A land disturbing activity that modifies the contours of the land., dredging, or other development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that may increase erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. or flood damage;

E. Preventing or regulating the construction of flood barriers that unnaturally divert flood waters or that may increase flood hazards to other lands;

F. Minimizing damage to public facilities A building or area owned or used by any department or branch of the Durham City Government, Durham County Government, the State of North Carolina, or the Federal Government. and utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in areas of special flood hazard; and

G. Ensuring that property owners Any person having charge of any real property according to the records held by the Register of Deeds. and potential property owners Any person having charge of any real property according to the records held by the Register of Deeds. are notified that property is a Special Flood Hazard Area or Future Conditions Flood Hazard Area The land area that would be inundated by the one percent (1%) annual chance flood based on future conditions hydrology as determined in paragraph 8.4.2, Applicability, of this ordinance..

Commentary: Losses in floodprone areas are the result of the cumulative effects of obstructions When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream., removal of vegetative cover, and construction practices that cause an increase in flood heights and velocities. Increased flood heights and velocities create a greater threat to land uses and structures that are inadequately elevated, floodproofed, or are otherwise unprotected from flood damage. Occupancy in flood prone areas by uses vulnerable to floods or other hazards can result in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of Durham City or County or by any officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

8.4.2. Applicability

This section shall apply to all Special Flood Hazard Areas, Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas, and nearby effected flood hazard areas within the City and County of Durham as identified by the Federal Emergency Management Agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc. (FEMA) or produced A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its FIS dated December 6, 2019, for Durham County and associated DFIRM panels, including any digital data developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. as part of the FIS, which are adopted by reference and declared a part of this ordinance and any revision thereto pursuant to NCGS§ 160D-105. The Special Flood Hazard Areas, Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas, and nearby effected flood hazard areas also include those defined through standard engineering analysis for private development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. or by governmental agencies A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc., but which have not yet been incorporated in the FIRM. This includes, but is not limited to, detailed flood data generated as a requirement of paragraphs 3.21.2B.11 and 12, Duties and Responsibilities.

8.4.3. Standards

A. General

In all Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas the following provisions are required:

1. All new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. and substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. shall be anchored to prevent flotation, collapse, or lateral movement of the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways.;

2. All new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. and substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. shall be constructed with materials and utility equipment resistant to flood damage;

3. All new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. or substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. shall be constructed by methods and practices that minimize flood damages;

4. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. These include but are not limited to HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric meter panels/boxes, utility/cable boxes, appliances (i.e., washers, dryers, refrigerator, etc.), hot water heaters, electric outlets/switches;

5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;

7. On-site waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. disposal When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, is defined as in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;

8. Any alteration, repair, reconstruction, or improvements to a structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. which is in compliance with the provisions of this ordinance, shall meet the requirements of new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures.; and

9. New solid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. disposal When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, is defined as in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. facilities and sites, hazardous waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. management facilities, salvage yards Any non-residential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles, appliances and related machinery., and chemical storage facilities shall not be permitted. A structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. 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 can be located in a Special Flood Hazard Area only if the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. or tank is either elevated or floodproofed to at least the regulatory flood protection elevation and certified according to the certification requirements in Sec. 3.21, Floodplain Development Permit Means any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity..

10. Fill material shall be used for all new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. and substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. to create an elevation that is two feet above base flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. elevation or future conditions flood elevation A determination of the water surface elevations of the one percent (1%) annual chance flood based on future conditions hydrology as published in the Flood Insurance Study. This elevation, when combined with the freeboard, establishes the “Regulatory Flood Protection Elevation” in Future Conditions Flood Hazard Areas., except as otherwise authorized pursuant to paragraph 8.4.4, Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas. The fill material shall be required to extend for a distance of 40 feet from the exterior walls of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable.. Where the distance to the property line is less than 40 feet, the fill shall extend to the property line. The required fill material distance shall include a sloped edge with a maximum 3:1 slope [for example, for a fill three feet deep: 31 feet of flat fill plus nine feet of sloped fill] or a retaining wall in lieu of the slope [for example, a side yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. of flat fill and a retaining wall]. Residential accessory structures which are defined as nonhabitable structures by the North Carolina Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Code are exempt from requirements to extend the fill material away from the base but are required to be placed on fill which is two feet, or five feet in Zone A, above base flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. elevation. Exceptions from any of these requirements resulting from special storm water considerations shall be forwarded to the approving authority if other than the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator., with a recommendation from the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator..

11. Nothing in this ordinance shall prevent the repair, reconstruction, or replacement of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. existing on the effective date of this ordinance and located totally or partially within the floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. or non-encroachment area The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report., provided there is no additional encroachment When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. below the Regulatory Flood Protection Elevation The elevation above mean sea level to which the reference level of all structures and other development located within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas must be protected. 1. In Special Flood Hazard Areas where Base Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of freeboard. 2. In Special Flood Hazard Areas where no BFE has been established, this elevation shall be at least five feet above the highest adjacent grade. 3. In Future Conditions Flood Hazard Areas this elevation shall be the Future Conditions Flood Elevation plus two feet of freeboard. in the floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. or non-encroachment area The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report., and provided that such repair, reconstruction, or replacement meets all of the other requirements of this ordinance.

12. When a structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. is partially located in a Special Flood Hazard Area, the entire structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall meet the requirements for new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. and substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure..

13. When a structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. elevations, the provisions for the more restrictive flood hazard risk zone and the highest Base Flood Elevation (BFE) The water surface elevations for the Base Flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Regulatory Flood Protection Elevation in Special Flood Hazard Areas. shall apply.

B. Specific Standards

In all Special Flood Hazard Areas where Base Flood Elevation (BFE) The water surface elevations for the Base Flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Regulatory Flood Protection Elevation in Special Flood Hazard Areas. data has been provided and in Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas where future conditions flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. elevations data has been provided, as set forth in paragraph 8.4.2, Applicability, or paragraph 3.21.2B (11 and 12), Duties and Responsibilities, the following provisions are required:

1. Subdivisions

a. Land in the Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas can be used for the following purposes, provided that such uses are designed and constructed to minimize clearing, grading A land disturbing activity that modifies the contours of the land., erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and water quality degradation and are in compliance with the Sec. 8.4, Floodplain and Flood Damage Protection Standards. Land within Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas shall not serve to meet minimum lot size requirements, except in the Rural Tier and on property zoned RR or RS-20 in the Suburban Tier where at least 50% of the required lot area The total area within the lot lines of a platted lot. is located outside the floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. or non-encroachment area The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report. or floodway fringe The portion of the Special Flood Hazard Area that is outside of the Floodway..

b. When permitted, development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. proposals located within Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas shall:

(1) be consistent with the need to minimize flood damage;

(2) have public utilities A business or service that provides the public with electricity, gas, water and sewer service, telephone or cable television service. A wireless communication facility, unless regulated as a public utility by State or federal regulations, shall not be considered a public utility. and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

(3) have adequate drainage provided to reduce exposure to flood hazards; and,

(4) have Base Flood Elevation (BFE) The water surface elevations for the Base Flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Regulatory Flood Protection Elevation in Special Flood Hazard Areas. data provided if development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. is greater than the lesser of five (5) acres or fifty (50) lots/manufactured home sites. Such Base Flood Elevation (BFE) The water surface elevations for the Base Flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Regulatory Flood Protection Elevation in Special Flood Hazard Areas. data shall be adopted by reference per paragraph 8.4.2, Applicability, to be utilized in implementing this code.

2. Residential Construction

3. Non-Residential Construction

New construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. or substantial improvement Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. of any commercial, industrial (other than hazardous, solid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations., salvage yards Any non-residential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles, appliances and related machinery., chemical storage facilities or similar uses which are prohibited) or other non-residential structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall have the reference level The top of the lowest floor for structures within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas designated as Zone AE, A, A99, AO, or X (Future)., including basement The lowest level or story which has its floor sub-grade on at least three sides., elevated no lower than the regulatory flood protection elevation. Structures located in AE and X (Future) Zones can be floodproofed to the regulatory flood protection elevation in lieu of elevation provided that all areas of the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. below the required 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. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in the certification requirements in Sec. 3.21, Floodplain Development Permit Means any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity..

4. Manufactured Homes

a. New or replacement manufactured homes shall be elevated so that the reference level The top of the lowest floor for structures within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas designated as Zone AE, A, A99, AO, or X (Future). of the manufactured home is no lower than the regulatory flood protection elevation.

b. Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement in accordance with the State of North Carolina Regulations for Manufactured/Mobile Homes, 1995 Edition, and any revision thereto adopted by the Commissioner of Insurance pursuant to NCGS §143-143.15 or a certified engineered foundation. Additionally, when the elevation would be met by an elevation of the chassis thirty-six (36) inches or less above the grade A land disturbing activity that modifies the contours of the land. at the site, the chassis shall be supported by reinforced piers or other foundation elements of at least equivalent strength. When the elevation of the chassis is above thirty-six (36) inches in height, an engineering certification is required.

c. All foundation enclosures or skirting shall be in accordance with paragraph 8.4.3B.5, Elevated Buildings A non-basement building: (a) built in a Special Flood Hazard Area to have the top of the elevated floor, above the ground by means of pilings, columns (posts or piers), shear walls parallel to the flow of water or adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood; or (b) elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters..

d. All new, substantially improved Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. or substantially damaged Damage of any origin sustained by a structure during any one year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. manufactured home parks A residential development under single ownership with sites for manufactured homes of Class A or B and various other facilities for the residents of the development. or subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. located within Special Flood Hazard Areas or Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas shall prepare an evacuation plan for evacuation of all residents. The plan shall be filed with the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. and the Emergency Management Coordinator prior to the time of site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval, plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. approval, or building permit A permit issued by the Inspections Department in conformance with the State Building Code., if site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. are not required.

e. Manufactured homes, except replacement manufactured homes located in an existing manufactured home park A residential development under single ownership with sites for manufactured homes of Class A or B and various other facilities for the residents of the development. or subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets., shall not be permitted in the floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. or non-encroachment area The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report.. Permitted manufactured homes shall be subject to the non-encroachment standards of paragraph 8.4.3E, Floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. and Non-Encroachment Areas The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report..

5. Elevated Buildings

a. Measures for complying with this requirement shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. To meet this requirement, the foundation must either be certified by a professional engineer or architect or meet the following minimum design criteria:

(1) Provide a minimum of two openings on different sides of each enclosed area subject to flooding.

(2) The total net area of all openings must be at least one (1) square inch for each square foot of each enclosed area subject to flooding.

(3) If a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. has more than one enclosed area, each area must have openings on exterior walls to allow floodwater to directly enter;

(4) The bottom of all required openings shall be no higher than one (1) foot above the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. grade A land disturbing activity that modifies the contours of the land.; and

(5) Openings can be equipped with screens The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views., louvers, or other opening coverings or devices provided they permit the automatic flow of floodwaters in both directions. For purposes of this provision, vinyl or sheet metal skirting shall not be considered an enclosure for regulatory and flood insurance The insurance coverage provided under the National Flood Insurance Program. rating purposes and therefore shall not require hydrostatic openings.

b. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). The interior portion of such enclosed area shall not be partitioned or finished into separate rooms, except to enclose storage areas.

a. a proposed time period for which the temporary use will be permitted;

b. the name, address, and phone number of the individual responsible for the removal of the temporary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways.;

c. the time frame prior to the event at which a structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. will be removed (i.e. minimum of 72 hours before landfall of a hurricane or immediately upon flood warning notification);

d. a copy of the contract or other suitable instrument with a trucking company to ensure the availability of removal equipment when needed; and

e. designation, accompanied by documentation, of a location outside the Special Flood Hazard Area or Future Conditions Flood Hazard Area The land area that would be inundated by the one percent (1%) annual chance flood based on future conditions hydrology as determined in paragraph 8.4.2, Applicability, of this ordinance. to which the temporary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. will be moved.

9. Accessory Structures

When accessory structures (sheds, detached garages, etc.) are to be placed within a Special Flood Hazard Area or Future Conditions Flood Hazard Area The land area that would be inundated by the one percent (1%) annual chance flood based on future conditions hydrology as determined in paragraph 8.4.2, Applicability, of this ordinance., the following criteria shall be met:

a. Accessory structures shall not be used for human habitation (including work, sleeping, living, cooking or restroom areas);

b. Accessory structures shall be designed to have low flood damage potential;

c. Accessory structures shall be constructed and placed on the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. site so as to offer the minimum resistance to the flow of floodwaters;

d. Accessory structures shall be firmly anchored in accordance with paragraph 8.4.3, General;

e. All service facilities such as electrical and heating equipment shall be installed in accordance with paragraph 8.4.3, Specific Standards;

f. Openings to relieve hydrostatic pressure during a flood shall be provided below regulatory flood protection elevation in conformance with elevated building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. requirements in paragraph 8.4.3, Standards; and

g. An accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. with a footprint less than 150 square feet does not require an elevation or floodproofing Any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation facilities, or structures with their contents. certificate. Elevation or floodproofing Any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation facilities, or structures with their contents. certifications are required for all other accessory structures in accordance with the certification requirements in Sec. 3.21, Floodplain Development Permit Means any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity..

C. Floodplains without Base Flood Elevations

Within the Special Flood Hazard Areas established in paragraph 8.4.2, Applicability, where no Base Flood Elevation (BFE) The water surface elevations for the Base Flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Regulatory Flood Protection Elevation in Special Flood Hazard Areas. data has been provided, the following provisions shall apply:

1. No encroachments When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain., including fill, new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures., substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. or new development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall be permitted within a distance of 20 feet each side from top of bank or five times the width of the stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. whichever is greater, unless certification with supporting technical data by a registered professional engineer is provided demonstrating that such encroachments When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. shall not result in any increase in flood levels during the occurrence of the base flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. discharge.

2. The BFE used in determining the regulatory flood protection elevation shall be determined based on one of the following criteria set in priority order:

a. If Base Flood Elevation (BFE) The water surface elevations for the Base Flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Regulatory Flood Protection Elevation in Special Flood Hazard Areas. data is available from other sources, all new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. and substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. within such areas shall also comply with all applicable provisions of this ordinance and shall be elevated or floodproofed in accordance with standards in paragraph 3.21.2B (11&12).

b. All subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets., manufactured home park A residential development under single ownership with sites for manufactured homes of Class A or B and various other facilities for the residents of the development. and other development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. proposals shall provide Base Flood Elevation (BFE) The water surface elevations for the Base Flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Regulatory Flood Protection Elevation in Special Flood Hazard Areas. data if development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. is greater than five acres or has more than 50 lots/manufactured home sites. Such Base Flood Elevation (BFE) The water surface elevations for the Base Flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Regulatory Flood Protection Elevation in Special Flood Hazard Areas. data shall be adopted by reference per paragraph 8.4.2, Standards, to be utilized in implementing this ordinance. A Letter of Map Revision LOMR A letter issued by the Federal Emergency Management Agency that confirms amendment of a special flood hard area boundary.R) shall be required prior to the approval of construction drawings for development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. requiring BFE data to be provided.

c. When Base Flood Elevation (BFE) The water surface elevations for the Base Flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Regulatory Flood Protection Elevation in Special Flood Hazard Areas. data is not available from a Federal, State, or other source as outlined above, the reference level The top of the lowest floor for structures within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas designated as Zone AE, A, A99, AO, or X (Future). shall be elevated to or above five feet above the highest adjacent Property abutting directly on the boundary of, touching, or sharing a common point. grade A land disturbing activity that modifies the contours of the land..

D. Floodplains with Base Flood Elevations but no Established Floodway or Non-Encroachment Areas

Along rivers and streams A body of concentrated flowing water in a natural low area or natural channel on the land surface. where Base Flood Elevation (BFE) The water surface elevations for the Base Flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Regulatory Flood Protection Elevation in Special Flood Hazard Areas. data is provided but neither floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. nor non-encroachment areas The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report. are identified for a Special Flood Hazard Area on the FIRM or in the FIS, no encroachments When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain., including fill, new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures., substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure., or other development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., 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 Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., when combined with all other existing and anticipated development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., will not increase the water surface elevation of the base flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. more than one foot at any point within the community.

E. Floodway and Non-Encroachment Areas

Located within the Special Flood Hazard Areas established in paragraph 8.4.2, Applicability, are areas designated as floodways The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. or non-encroachment areas The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report., which are extremely hazardous due to the velocity of floodwaters that have erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. potential and carry debris and potential projectiles. In such areas no encroachments When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain., including fill, new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures., substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure., or other development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall be permitted unless the Federal Emergency Management Agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc. (FEMA) authorizes conditional approval of the proposed encroachment When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. via a Conditional Letter of Map Revision (CLOMR) A formal review and comment issued by the Federal Emergency Management Agency as to whether a proposed project complies with the minimum NFIP floodplain management criteria, and direction on revisions that will need to be made to the NFIP maps and/or study upon completion of the project. or a professional engineer registered in the State of North Carolina certifies that such uses will result in no increases in flood levels during the occurrence of a base flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology., as demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice if required by the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator..

F. Standards for Areas of Shallow Flooding (Zone AO)

Located within the Special Flood Hazard Areas established in paragraph 8.4.2, Applicability, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to the general standards in 8.4.3A, all new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. and substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. shall meet the following requirements.

1. The reference level The top of the lowest floor for structures within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas designated as Zone AE, A, A99, AO, or X (Future). shall be elevated at least as high as the depth number specified on the Flood Insurance Rate Map (FIRM) An official map on which the Federal Emergency Management Agency has delineated the areas of special flood hazard, the Future Conditions Flood Hazard Areas and the risk premium zones., in feet, plus a freeboard The height added to the Base Flood Elevation (BFE) or the future conditions flood elevation to account for watershed development as well as limitations of the engineering methodologies for the determination of flood elevations. The Base Flood Elevation plus the freeboard establishes the “Regulatory Flood Protection Elevation.” of two feet, above the highest adjacent Property abutting directly on the boundary of, touching, or sharing a common point. grade A land disturbing activity that modifies the contours of the land.; or at least five feet above the highest adjacent Property abutting directly on the boundary of, touching, or sharing a common point. grade A land disturbing activity that modifies the contours of the land. if no depth number is specified.

2. Non-residential structures may, in lieu of elevation, be floodproofed to the same level as required in paragraph 8.4.3F.1 so that the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., 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 as per paragraph 3.21.6, Certification Requirements, and paragraph 8.4.3B.3, Non-Residential Construction.

3. Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from proposed structures.

8.4.4. Development in Special Flood Hazard Areas and Future Conditions Flood Hazard Areas

A. General

2. The Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. and the Board of Adjustment, as applicable, shall not approve development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that is located below the regulatory flood protection elevation if such development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. is otherwise required to be located at or above the regulatory flood protection elevation or is not permitted within the Special Flood Hazard Areas or Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas.

3. Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. addressed under paragraph 8.4.3C, Floodplains without Base Flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. Elevations, and paragraph 8.4.3D, Floodplains with Base Flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. Elevations but no Established Floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. or Non-Encroachment Areas The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report., shall be deemed floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. for purposes of this section.

B. Development Allowed

Land can be used for the following purposes, with no special approvals required:

1. Agricultural uses Land used as pasture or in the commercial production of crops, forestry, horticultural products, fish hatcheries or aquaculture, and the keeping of livestock for commercial or noncommercial purposes. Also included in this definition of agricultural uses are agricultural accessory buildings and sales of farm products grown or produced on the premises. This definition does not include domesticated chickens allowed pursuant to Sec. 5.4, Accessory Uses and Structures, the commercial slaughtering of animals for marketing, and farm tenant dwellings., including active agriculture, pasture forestry The act of growing trees, harvesting timber or replanting trees in accordance with a management plan endorsed by the NC Division of Forest Resources., wildlife sanctuary, game farms Land used as pasture or in the commercial production of crops, forestry, horticultural products, fish hatcheries or aquaculture, and the keeping of livestock for commercial or noncommercial purposes. Also included in this definition of agricultural uses are agricultural accessory buildings and sales of farm products grown or produced on the premises. This definition does not include domesticated chickens allowed pursuant to Sec. 5.4, Accessory Uses and Structures, the commercial slaughtering of animals for marketing, and farm tenant dwellings., and similar uses; and

2. Lawns and gardens.

C. Development Requiring Floodplain Administrator Approval

The following shall only require Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. approval in association with any applicable site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided., construction drawings, or building permit A permit issued by the Inspections Department in conformance with the State Building Code. approval.

1. Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of, or substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. to, a single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. or duplex structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., and associated site improvements such as accessory structures, driveways A private roadway located on a parcel or lot used for vehicle access., walkways, and utility crossings, on a single lot of record Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds. recorded Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds. on or before January 1, 2006, or recorded prior to being mapped in the floodway fringe The portion of the Special Flood Hazard Area that is outside of the Floodway., non-encroachment area fringe The area within the special flood hazard area that is adjacent to, but not within, the non-encroachment area and is within the 100 year floodplain and is inundated by the base flood., or Areas of Shallow Flooding Zone A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area.e AO). Such projects can utilize fill, pursuant to a floodplain development permit Means any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity. per Sec. 3.21, Floodplain Development Permit Means any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity., in the floodway fringe The portion of the Special Flood Hazard Area that is outside of the Floodway., non-encroachment area fringe The area within the special flood hazard area that is adjacent to, but not within, the non-encroachment area and is within the 100 year floodplain and is inundated by the base flood., or Zone AO.

2. Floodproofing Any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation facilities, or structures with their contents. or elevation by design in lieu of required fill for new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. or substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. on lots of record Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds. that were recorded on or before January 1, 2006, pursuant to a floodplain development permit Means any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity. issued under Sec. 3.21, Floodplain Development Permit Means any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity.. If the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. approves floodproofed or elevated-by-design construction or improvements rather than use of fill in Zone AE or Zone X (Future), the approval shall specify the minimum foundation opening requirements and limitations on below-BFE enclosures uses, if applicable.

4. The following uses, with the ability to utilize fill in support of the use:

a. Parks, playgrounds A constructed area designated for play and recreation typically for children, surfaced with material recommended by the most current safety handbook published by the U.S. Consumer Product Safety Commission, and consisting of play structures and equipment, including but not limited to, slides, swings, rockers, and climbing apparatus., trails, ballfields, and other similar recreational facilities.

b. Constructed or restored wetlands An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. or riparian buffers for mitigation.

c. Utility crossings to connect to existing facilities where it is the most direct connection, as specified by the Public Works Director, or designee. Crossings shall be perpendicular from the facility to the connection, with an allowable 15 degree variation. A non-perpendicular route shall be used if it is demonstrated to cause less disturbance than the perpendicular route.

d. Crossings by streets, driveways A private roadway located on a parcel or lot used for vehicle access., pedestrian walkways, and railroads where no other option is available. Crossings shall be perpendicular from the facility to the connection, with an allowable 15 degree variation. A non-perpendicular route shall be used if it is demonstrated to cause less disturbance than the perpendicular route.

e. Level spreaders and vegetative filter strip stormwater runoff The direct runoff of water resulting from precipitation in any form. devices.