The requirements of this section apply to all development proposed within special flood hazard areas identified in § 70-12, Flood Insurance Rate Map use and interpretation.
A.
In all flood zones, subdivision and development proposals shall:
(1)
Be consistent with the need to minimize flood damage and subject
to all applicable standards in these regulations.
(2)
Have utilities and facilities such as sewer, gas, electrical, and
water systems located and constructed to minimize flood damage.
(3)
Have adequate drainage paths provided to reduce exposure to flood
hazards and to guide floodwaters around and away from proposed structures
and utilities.
B.
In all special flood hazard areas, development may not occur where
alternative locations exist due to the inherent hazards and risks
involved. Before a permit is issued, the applicant shall demonstrate
that new structures cannot be located out of the floodplain and that
encroachments onto the floodplain are minimized.
C.
In special flood hazard areas of nontidal waters, proposed subdivisions
shall:
(1)
Place proposed building pads outside of the special flood hazard
area.
(2)
Preserve and dedicate the flood hazard area to natural buffer areas,
open space, recreation, and similar compatible uses by deed restriction,
restrictive covenants, or donation to a land trust. Steep slopes and
forested areas adjacent to watercourses shall be given high priority
for preservation.
(3)
Place the driving surface of new, public access roads at or above
the base flood elevation.
D.
Proposed subdivision in tidal water special flood hazard areas shall locate new lots on the highest natural land available before lower elevation lots are platted to the maximum extent possible. Clustering development outside of the floodplain and preserving the low-lying land and forested areas in natural vegetation should be pursued to the maximum extent possible. All subdivisions and major revision plats that have not received preliminary approval prior to July 20, 2016, shall be required to have a licensed professional complete a certified topographic field survey to indicate ground elevations in accordance with Subsection B of § 70-12.
A.
New and replacement water supply systems shall be designed to minimize
or eliminate infiltration of floodwaters into the systems.
B.
New and replacement sanitary sewerage systems shall be designed to
minimize or eliminate floodwater infiltration into systems and discharges
from systems into floodwaters.
C.
On-site waste disposal systems shall be designed and located to avoid
floodwater infiltration impairment and contaminated discharges during
flooding.
New structures and substantial improvement of existing structures
located, in whole or in part, in a special flood hazard area shall:
A.
Be designed (or modified) and constructed to safely withstand flood
loads reaching the flood protection elevation or the elevation required
by the building code,[1] whichever is greater. Structures shall adhere to building
code standards to ensure that the construction shall provide a complete
load path transferring all loads from their origin through to the
foundation. Structures and their foundations shall be designed, connected
and anchored to resist flotation, collapse or lateral movement due
to flood-induced structural loads and stresses.
B.
Be constructed by methods and practices that minimize flood damage,
as specified in the building code.
D.
Locate electrical systems, equipment and components, and mechanical,
heating, ventilating, air-conditioning, and plumbing appliances, plumbing
fixtures, duct systems, pool controls and pool equipment, and other
service equipment at or above the flood protection elevation. These
systems, components and equipment should not be mounted on walls intended
to break away under flood loads. Electrical wiring is permitted below
the lowest floor elevation, provided it conforms to the building code's
wet location provisions to include separate ground fault interrupting
circuit (GFIC) breakers clearly marked on the circuit breaker panel
board.
E.
Locate new electric circuit breaker panel boards and subpanels at
least two feet above the flood protection elevation.
(1)
Subpanels serving private piers, whether located on the pier itself or within the shoreline development buffer, shall be located at least 36 inches above the height of the pier and follow the National Electrical Code (as adopted by Talbot County Code, § 56-2) standards for ground fault protection for piers. The measurement shall be taken vertically from the top of the pier decking to the bottom of the subpanel. If the subpanel is located within the shoreline development buffer and not on the pier itself, the measurement shall be taken from the top of the pier decking to a horizontal point in space where the subpanel would be located if it were on the pier. There must be at least 36 inches between these two measurement points.
[Added 10-23-2018 by Bill
No. 1406]
G.
Comply with the requirements of the most restrictive designation
if the site occupies more than one flood zone designation (A Zone,
designated floodway, Coastal A Zone, V Zone).
A.
Disposal of fill of any type, including but not limited to soils,
rock, rubble, construction debris, woody debris, and trash, shall
not be permitted in special flood hazard areas.
B.
In Coastal A Zones or coastal high hazard areas (V Zones):
(1)
Fill placement for the purpose of elevating buildings is prohibited.
(2)
Minor grading, and the placement of minor quantities of fill, not
to exceed 50 cubic yards, shall be permitted for landscaping and drainage
purposes under and around buildings and for support of parking surfaces,
pool decks, patios and walkways.
(3)
Grading and the use of fill shall be minimized to the greatest extent
possible.
(4)
Fill may also be used for nonstructural shoreline stabilization in accordance with the Maryland Living Shoreline Protection Act of 2008 and Maryland Department of the Environment regulations implementing this Act. Fill used for this purpose may exceed fifty cubic yards and shall comply with § 70-17D below.
C.
Fill placed to raise the ground level to elevate structures in special flood hazard areas (A Zones) that are not Coastal A Zones or coastal high hazard areas (V Zones) shall comply with the floodway requirements in § 70-26A and B, and shall:
(1)
Consist of soil or rock only;
(2)
Extend laterally from the building footprint to provide for adequate
access; the Floodplain Administrator may seek advice from the State
Fire Marshal's Office and/or the local fire services agency;
(3)
Comply with building code requirements and be placed and compacted
to provide stability under flooding conditions and to resist erosion,
scour, and settling;
(4)
Be sloped no steeper than one vertical foot to two horizontal feet,
unless approved otherwise by the Floodplain Administrator;
(5)
Be protected from erosion associated with expected velocities during
the base flood. Unless approved by the Floodplain Administrator, fill
slopes shall be vegetated if expected velocity is less than five feet
per second, and protected by other means certified by a licensed engineer
if expected velocity is five feet per second or more; and
(6)
Be designed to have adequate drainage and no increase in flows to
adjacent properties.
D.
Any fill in a special flood hazard area that would raise a parcel
or structure above the base flood elevation requires a conditional
letter of map revision based on fill (CLOMR-F) from the Federal Emergency
Management Agency before construction, and a letter of map revision
based on fill (LOMR-F) from the Federal Emergency Management Agency
after construction is complete.
E.
In special flood hazard areas of nontidal waters, for proposed development
that includes fill, a hydraulically equivalent excavation volume is
required. Excavations shall be designed to drain freely.
Historic structure repair, alteration, addition, rehabilitation,
or other improvement shall be exempt from the requirements of this
chapter, provided that the proposed work will not preclude the structure's
continued designation as an historic structure. The Floodplain Administrator
may require documentation of a structure's continued eligibility for
designation as an historic structure.
A.
New manufactured homes shall not be placed or installed, and existing
manufactured homes shall not be replaced or substantially improved,
including repair after substantial damage, in floodways or coastal
high hazard areas (V Zones).
B.
In Coastal A areas, new manufactured homes are prohibited. Existing
manufactured homes may be replaced, repaired, or substantially improved,
including repair after substantial damage.
C.
In other special flood hazard areas, new or replacement manufactured
homes are permitted, and manufactured homes may be substantially improved,
subject to all requirements of this chapter.
D.
Where permitted, manufactured homes that are new, replaced or substantially
improved (including repair after substantial damage) shall:
(2)
Be installed in accordance with the building code and manufacturer's
anchor and tie-down requirements and installation instructions and
specifications; and
E.
Owners of manufactured home parks or subdivisions that are partially
or fully within a special flood hazard area must file an evacuation
plan with the local emergency management agency.
F.
New manufactured home parks or subdivisions in nontidal floodplains
shall be designed and provided with an access road elevated above
the base flood elevation.
A.
New critical and essential facilities shall be located outside coastal
high hazard areas (V Zones), Coastal A Zones or floodways.
B.
If located in special flood hazard areas other than coastal high
hazard areas, Coastal A Zones or floodways, they shall be elevated
to the higher of the elevation required by these regulations plus
one foot, the elevation required by the building code, or the elevation
of the 0.2% probability (500-year) flood.
A.
An application for a temporary structure or for temporary storage
of any goods, material and equipment shall specify its duration.
C.
D.
Temporary storage shall not include hazardous materials.
A.
Underground tanks in special flood hazard areas shall be anchored
to prevent, during the base flood, flotation, collapse or lateral
movement resulting from hydrostatic loads, including the effects of
buoyancy.
B.
Aboveground tanks in special flood hazard areas shall be anchored
to a supporting structure and elevated to or above the flood protection
elevation, or shall be anchored or otherwise designed and constructed
to prevent, during the base flood, flotation, collapse, or lateral
movement resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy.
C.
In special flood hazard areas, tank inlets, fill openings, outlets
and vents shall be:
(1)
At or above the base flood elevation or fitted with covers designed
to prevent the floodwater inflow or tank content outflow during conditions
of the base flood; and
(2)
Anchored to prevent, during the base flood, lateral movement resulting
from hydrodynamic and hydrostatic loads, including the effects of
buoyancy.
Functionally dependent uses must conform to these regulations; otherwise they shall be approved only by variances issued pursuant to Article VI. If approved, functionally dependent uses shall be protected by methods that minimize flood damage during the base flood, including measures to allow floodwaters to enter and exit, use of flood-damage-resistant materials, and elevation of electric service and equipment to the extent practical.
