§ 30-26. Provisions for flood hazard reduction.

(a)

General standards. In all special flood hazard areas the following provisions are required:

(1)

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure;

(2)

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;

(3)

All new construction or substantial improvements 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 floodwaters into the system;

(6)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from systems in the floodwaters;

(7)

On-site waste disposal system 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 which is in compliance with the provisions of this chapter, shall meet the requirements of new construction as contained in this article;

(9)

Nonconforming buildings or uses may not be enlarged, replaced or rebuilt unless such enlargement or reconstruction is accomplished in conformance with the provisions of this chapter. Provided, however, nothing in this chapter shall prevent the repair, reconstruction or replacement of building or structure existing on the effective date of this chapter and located totally or partially within the floodway zone, provided that the bulk of the building or structure below base flood elevation and the floodway zone is not increased and provided that such repair, reconstruction or replacement meets all of the other requirements of this article;

(10)

New solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted in special flood hazard areas. 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 according to subsection 30-25(b)(3).

(b)

Specific standards. In all special flood hazard areas where base flood elevation (BFE) data has been provided, as set forth in subsection 30-3(b), or subsections 30-25(c)(11), (12), the following provisions are required:

(1)

Residential construction. New construction or 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.

(2)

Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or nonresidential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation. Structures located in A-zones may be floodproofed in lieu of elevation provided that all areas of the structure below the required 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 (b) are satisfied. Such certification shall be provided to the official as set forth in subsection 30-25(b)(3).

(3)

Manufactured homes.

a.

New or replacement manufactured homes shall be elevated so that the reference level 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 Regulations for Manufactured/Mobile Homes, 1995 edition, and any revision thereto adopted by the commissioner of insurance pursuant to G.S. 143-143.15 or a certified engineered foundation. 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 other foundation elements of at least equivalent strength. When the elevation of the chassis is above 36 inches in height, an engineering certification is required.

c.

All foundation enclosures or skirting shall be in accordance with subsection 30-26(b)(4).

d.

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 floodprone areas. This plan shall be filed with and approved by the floodplain administrator and the local emergency management coordinator.

(4)

Elevated buildings. New construction or substantial improvements of elevated buildings that include fully enclosed areas that are below the regulatory flood protection elevation shall not be designed to be used for human habitation, but shall be designed to be used only for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises, be constructed entirely of flood resistant materials below the regulatory flood protection level and meet the following design criteria:

a.

In A, AO, AE, and A1-30 zones:

1.

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 standards:

i.

Provide a minimum of two openings on different sides of each enclosed area subject to flooding;

ii.

The total net area of all openings must be at least one square inch for each square foot of each enclosed area subject to flooding;

iii.

If a building has more than one enclosed area, each area must have openings on exterior walls to allow floodwater to directly enter;

iv.

The bottom of all required openings shall be no higher than one foot above the adjacent grade;

v.

Openings may be equipped with screens, louvers, or other openings, coverings or devices provided they permit the automatic flow of floodwaters in both directions;

vi.

Foundation enclosures:

A.

Vinyl or sheet metal skirting is not considered an enclosure for regulatory and flood insurance rating purposes. Therefore such skirting does not require hydrostatic openings as outlined above.

B.

Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires hydrostatic openings as outlined above to comply with this article.

2.

Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (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 areas shall not be partitioned or finished into separate rooms, except to enclose storage areas.

b.

In coastal high hazard areas (VE and V1-30 zones), breakaway walls, lattice work or decorative screening shall be allowed below the regulatory flood protection elevation, provided they are not part of the structural support of the building and are designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used and provided the following design specifications are met:

1.

Material shall consist of open wood lattice or mesh insect screening; or

2.

Breakaway walls meeting the following design specifications:

i.

Design safe loading resistance of each wall shall be not less than ten nor more than 20 pounds per square foot; or

ii.

If more than 20 pounds per square foot, a registered professional engineer or architect shall certify that the design wall collapse would result from a water load less than that which would occur during the base flood event, and the elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). The water loading values used shall be those associated with the base flood. The wind loading values used shall be those required by the North Carolina State Building Code.

(5)

Additions/improvements.

a.

Additions and/or improvements to pre-FIRM structures whereas the addition and/or improvements in combination with any interior modifications to the existing structure:

1.

Are not a substantial improvement, the addition and/or improvements must be designed to minimize flood damages and must not be any more nonconforming than the existing structure.

2.

Are a substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.

b.

Additions to post-FIRM structures with no modifications to the existing structure shall require only the addition to comply with the standards for new construction.

c.

Additions and/or improvements to post-FIRM structures whereas the addition and/or improvements in combination with any interior modifications to the existing structure:

1.

Are not a substantial improvement, the addition and/or improvements must comply only with the standards for new construction.

2.

Are a substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.

d.

Where a firewall or independent perimeter load-bearing wall is provided between the addition and the existing building, the addition shall be considered a separate building and only the addition must comply with the standards for new construction.

(6)

Recreational vehicles. Recreation vehicles placed on sites within a special flood hazard area shall either:

a.

Be on-site for fewer than 180 consecutive days and be fully licensed and 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 addition); or

b.

Meet all the requirements for new construction, including anchoring and elevation requirements of subsections 14-4(b) and 14-5(a) and (b)(3).

(7)

Temporary structures. Prior to the issuance of a floodplain development permit for a temporary structure, the following requirements must be met:

a.

Applicants must submit to the floodplain administrator a plan for the removal of such structure in the event of a hurricane or flash flood notification. The plan must include the following information:

1.

A specified time period for which the temporary use will be permitted;

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 a trucking company to ensure the availability of removal equipment when needed;

5.

Designation, accompanied by document, of a location outside the special flood hazard area to which the temporary structure will be moved; and

6.

Temporary structures shall not be permitted to remain on any parcel more than 90 days.

b.

The above information shall be submitted in writing to the floodplain administrator for a review and written approval.

(8)

Accessory structures. When accessory structures (sheds, detached garages, etc.) are to be placed within a special flood hazard area, the following criteria shall be met:

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 site so as to offer the minimum resistance to the flow of floodwaters;

d.

Accessory structures shall be firmly anchored in accordance with subsection 30-26(a)(1);

e.

All service facilities such as electrical and heating equipment shall be installed in accordance with subsection 30-26(a)(4);

f.

Openings to relieve hydrostatic pressure during a flood shall be provided below regulatory flood protection elevation in conformance with subsection 30-26(b)(4)a;

g.

An accessory structure with a footprint less than 150 square feet does not require an elevation or floodproofing certificate. Elevation or floodproofing certifications are required for all other accessory structures in accordance with subsection 30-25(b)(3).

(c)

Subdivisions, manufactured home parks and major developments. All subdivision, manufactured home park and major development proposals located within special flood hazard areas shall:

(1)

Be consistent with the need to minimize flood damage;

(2)

Have public utilities 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) data provided if development is greater than the lesser of five acres or 50 lots/manufactured home sites. Such base flood elevation (BFE) data shall be adopted by reference per subsection 30-3(b) to be utilized in implementing this Code.

(d)

Standards for floodplains without established base flood elevations. Within the special flood hazard areas established in subsection 30-3(b), where no base flood elevation (BFE) data has been provided, the following provisions shall apply:

(1)

No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of 20 feet each side from top of bank or five times the width of the stream whichever is greater, unless certification with supporting technical data by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(2)

If subsection 30-26(c)(1) is satisfied and base flood elevation (BFE) data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this article and shall be elevated or floodproofed in accordance with elevations established in accordance with subsections 30-25(c)(11), (12). When base flood elevation (BFE) data is not available from a federal, state, or other source the reference level, including basement, shall be elevated at least two feet above the highest adjacent grade.

(e)

Standards for floodplains with BFE but without established floodways or nonencroachment areas. Along rivers and streams where base flood elevation (BFE) data is provided but neither floodway nor nonencroachment areas are identified for a special flood hazard area on the FIRM or in the FIS, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

(f)

Floodways and nonencroachment areas. Located within the special flood hazard areas established in subsection 30-3(b) are areas designated as floodways or nonencroachment areas. The floodways and nonencroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions shall apply to all development within such areas:

(1)

No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood. Such certification and technical data shall be presented to the floodplain administrator prior to issuance of floodplain development permit. If subsection 30-26(f)(1) is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this article.

(2)

No manufactured homes shall be permitted, except replacement manufactured homes in an existing manufactured home park or subdivision provided the following provisions are met:

a.

The anchoring and the elevation standards of subsection 30-26(b)(3); and

b.

The no encroachment standards of subsection 30-26(f)(1) are met.

(g)

Coastal high hazard areas (VE and V1-30 zones). Coastal high hazard areas are special flood hazard areas established in subsection 30-3(b), and designated as zones VE or V1-30. These areas have special flood hazards associated with high velocity waters from surges and, therefore, in addition to meeting all provisions in this article, the following provisions shall apply to all new construction, substantial improvements and all other development:

(1)

All development shall:

a.

Be located landward of the reach of mean high tide;

b.

Be located landward of the first line of stable natural vegetation; and

c.

Comply with all applicable CAMA setback requirements.

(2)

All development shall be elevated so that the bottom of the lowest supporting horizontal member (excluding pilings or columns) is located no lower than the regulatory flood protection elevation. Floodproofing may not be utilized on any structures in coastal high hazard areas to satisfy the regulatory flood protection elevation requirements.

(3)

All space below the regulatory flood protection elevation shall be open so as not to impede the flow of water.

(4)

Open wood lattice work or mesh insect screening may be permitted below the regulatory flood protection elevation for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action and in accordance with subsection 30-26(b)(4)b. Design plans shall be submitted in accordance with subsection 30-25(b)(1)d.

(5)

All development shall be securely anchored on pilings or columns.

(6)

All pilings and columns and the attached structures shall be anchored to resist flotation, collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all building components.

(7)

A registered professional engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in subsections 30-25(b), 30-26(g)(4), (6) and (8).

(8)

There shall be no fill used as structural support. Noncompacted fill may be used around the perimeter of a building for landscaping/aesthetic purposes provided the fill will wash out from storm surge, thereby rendering the building free of obstruction prior to generating excessive loading forces, ramping effects, or wave deflection. Design plans shall be submitted in accordance with subsection 30-25(b)(1)d. The floodplain administrator may approve design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect, and/or soil scientist which demonstrates that the following factors have been fully considered:

a.

Particle composition of fill material does not have a tendency for excessive natural compaction;

b.

Volume and distribution of fill will not cause wave deflection to adjacent properties; and

c.

Slope of fill will not cause wave run-up or ramping.

(9)

There shall be no alteration of sand dunes which would increase potential flood damage.

(10)

No manufactured homes shall be permitted except in an existing manufactured home park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring and elevation standards are in compliance with this section.

(11)

Recreational vehicles shall be permitted in coastal high hazard areas provided that they meet the recreational vehicle criteria of subsection 30-26(b)(6)a and the temporary structure provisions of subsection 30-26(b)(7).

(h)

Standards for areas of shallow flooding (AO zone and "B" zone grade elevation 7" MSL or less). Located within the areas of special flood hazard established in subsection 30-3(b), are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. The following provisions shall apply within such areas:

(1)

All new construction and substantial improvements of residential structures have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade.

(2)

All new construction and substantial improvements of nonresidential structures shall:

a.

Have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement shall be elevated at least two feet above the highest adjacent grade; or

b.

Be completely floodproofed together with attendant utility and sanitary facilities to or above that level so that any space below that level is 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.

(i)

Standards of construction for areas susceptible to flooding. The following property is designated as a "floodprone area": Property bounded on the south by North Carolina Highway 58; on the west by Maple Court and the Pine Knoll Waterway; on the north by Cypress Drive (from Pine Knoll Waterway to Fairway Court); and on the east by the Bogue Banks Country Club Golf Course and the western boundary of the Bill Christian Subdivision, and Laurel Court to the Knollwood Drive intersection. The following provisions shall apply within such areas:

(1)

No new construction of any structure or installation of any hardened, nonpermeable materials covering any portion of the lot so as to significantly impede water percolation shall be allowed except to the extent that said structures and impervious surfaces, combined, cover a total surface area of 25 percent or less of the land area of such lot.

(2)

The maximum allowable square footage of "hardened" surfaces for undeveloped lots in this subdivision shall not exceed the square foot allowances 25 percent shown on the attached development density listing for the remaining undeveloped lots in this development. Individual lot numbers and locations are keyed to the attached map.

(3)

No built upon area shall be located within 30 feet from any surface water of the state.

(4)

Neither the town nor any individual lot owner shall construct any defined stormwater collection system, either to service any individual lot within the floodprone area, or any street. As used herein, the term "defined stormwater collection system" shall be as defined by the state in 15NAAC2H.1000 et seq., stormwater regulations adopted by the environmental management commission of the state.

(5)

Street drainage shall be provided only by adjacent vegetated shallow swale type ditches routed to existing natural drainage or relief channels as appropriate. Where improvements of natural drainage channels are required, such channels will also be vegetated shallow swale type ditches, 3:1 HV or less ratio. Minimum dimension culverts will be permitted for road crossings of swale ditches as are required. Driveway crossing of roadside swales shall be by turf stone type blocks (or other approved and similar materials) placed level with the bottom contour of the swale. Check dams shall be constructed in swales and/or relief channels where the hydraulic gradient of said channel is sufficient to cause erosion.

(6)

Natural vegetative cover shall be left intact on all properties to the maximum degree possible consistent with aesthetics and good construction practices.

(7)

To the extent reasonably practical, use of porous or pervious surfaces shall be utilized in constructing driveways, parking hardstands or other nonstructure surfaces required to meet owner needs for beneficial use of property, even though such surfaces, if constructed of totally impervious materials, would still meet the 25 percent built upon or hardened surface limitations imposed by subsection (i)(1) of this section.

(8)

All roof drains (leaders) should be directed to ensure maximum ground absorption of runoff waters.

(9)

Any new subdivision within the floodprone area shall be approved only upon the recordation of restrictive covenants enforceable by the state, the town, and any property owner within such subdivision area, which covenants shall include the following restriction: No more than 25 percent of any lot shall be covered by structures and/or paved surfaces, including walkways or patios of brick, stone, slate or similar materials. This covenant is intended to ensure continued compliance with stormwater runoff rules adopted by the state and the town and therefore benefits may be enforced by the state and the town. This covenant shall run with the land and shall be binding on all parties and all persons claiming under them.

(Code 2001, §§ 1-30(g)—(i), 14-5(a)—(f); Ord. No. 1987-14, §§ A—D, 4-14-1987; Ord. No. 1989-1, 7-12-1988; Ord. No. 1993-6, 9-14-1993; Ord. No. 2003-06, 7-9-2003; Ord. No. 2014-06, 4-10-2014)