Within any identified floodplain area, any new construction or substantial improvements shall be prohibited. If a floodplain variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with the criteria in Part
8 of this chapter, then the following provisions shall apply:
A. Residential structures.
(1) In AE, A1-30 and AH Zones, any new construction or substantial improvement
shall have the lowest floor elevated up to, or above, the regulatory
flood elevation.
(2) In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor elevated up to, or above, the regulatory flood elevation determined in accordance with §
8-402A of this chapter.
(3) In AO Zones, any new construction or substantial improvement shall
have the lowest floor at or above the highest adjacent grade at least
as high as the depth number specified in the FIRM.
(4) The design and construction standards and specifications contained
in the Uniform Construction Code and the standardized codes adopted
thereunder, including but not limited to the 2009 International Building
Code, the 2009 International Residential Code, and ASCE 24, or latest
edition of each that is incorporated into the Uniform Construction
Code, shall be utilized.
B. Nonresidential structures.
(1) In AE, A1-30 and AH Zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with §
8-402C of this chapter or be designed and constructed so that the space enclosed below the regulatory flood elevation:
(a)
Is floodproofed so that the structure is watertight with walls
substantially impermeable to the passage of water; and
(b)
Has structural components with the capability of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy.
(2) In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with §
8-402C of this chapter.
(3) In AO Zones, any new construction or substantial improvement shall
have their lowest floor elevated or completely floodproofed above
the highest adjacent grade to at least as high as the depth number
specified in the FIRM.
(4) Any nonresidential structure, or part thereof, made watertight below
the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
U.S. Army Corps of Engineers (June 1972, as amended March 1992) or
with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above referenced standards. Such statement shall be submitted
with the floodplain permit application and with the as-built floodproofing
certificate prior to the issuance of the certificate of occupancy.
(5) Any nonresidential structure that will be floodproofed must submit
the following to the Floodplain Administrator along with the nonresidential
floodproofing certificate and prior to the issuance of the certificate
of occupancy:
(a)
An inspection and maintenance plan detailing the annual maintenance
of floodproofed components ensuring that all components will operate
properly under flood conditions. Components that must be inspected
include at a minimum:
[1]
Mechanical equipment such as sump pumps and generators;
[2]
Flood shields and closures;
[3]
Walls and wall penetrations; and
[4]
Levees and berms (as applicable).
(b)
A flood emergency operation plan detailing the procedures to
be followed during a flooding event, and information pertaining to
how all components will operate properly under all conditions, including
power failures. The design professional must produce the emergency
operation plan. An adequate emergency operation plan must include
the following:
[1]
An established chain of command and responsibility with leadership
responsibilities clearly defined for all aspects of the plan.
[2]
A procedure for notification of necessary parties when flooding
threatens and flood warnings are issued. Personnel required to be
at the building should have a planned and safe means of ingress and
should have no other emergency response duties during a flooding event.
Alternates should be assigned in the event that the primary persons
responsible are unable to complete their assigned duties under the
plan.
[3]
A list of specific duties assigned to ensure that all responsibilities
are addressed expeditiously. The locations of materials necessary
to properly install all floodproofing components must be included
in the list.
[4]
An evacuation plan for all personnel or occupants (those without
duties for the flood emergency as well as those with duties for implementing
the plan). All possible ingress and egress routes must be identified.
[5]
A periodic training and exercise program to keep personnel and
occupants aware of their duties and responsibilities. Training drills
should be held at least once a year and should be coordinated with
community officials.
(6) The design and construction standards and specifications contained
in the Uniform Construction Code and the standardized codes adopted
thereunder, including but not limited to the 2009 International Building
Code, the 2009 International Residential Code, and ASCE 24, or latest
edition of each that is incorporated into the Uniform Construction
Code, shall be utilized.
C. Space below the lowest floor.
(1) Basements are prohibited.
(2) Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
(3) Designs for meeting this requirement must either be certified by
a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
(a)
A minimum of two floodwater openings having a net total area
of not less than one square inch for every square foot of enclosed
space installed on two separate walls;
(b)
The bottom of all openings shall be no higher than one foot
above grade; and
(c)
Openings may be equipped with screens, louvers, etc. or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
D. Historic structures. Historic structures undergoing repair or rehabilitation
that would constitute a substantial improvement as defined in this
chapter must comply with all chapter requirements that do not preclude
the structure's continued designation as a historic structure. Documentation
that a specific chapter requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic places must be obtained from the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from chapter
requirements will be the minimum necessary to preserve the historic
character and design of the structure.
E. Accessory structures. Structures accessory to a principal building
need not be elevated or floodproofed to remain dry, but shall comply,
at a minimum, with the following requirements:
(1) The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material, and equipment related to the principal use or
activity.
(2) Floor area shall not exceed 200 square feet.
(3) The structure will have a low damage potential.
(4) The structure will be located on the site so as to cause the least
obstruction to the flow of flood waters.
(5) Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
(6) Permanently affixed utility equipment and appliances such as furnaces,
heaters, washers, dryers, etc. are prohibited.
(7) Sanitary facilities are prohibited.
(8) The structure shall be adequately anchored to prevent flotation or
movement and shall be designed to automatically provide for the entry
and exit of floodwater for the purpose of equalizing hydrostatic forces
on the walls. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect, or meet
or exceed the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space;
(b)
The bottom of all openings shall be no higher than one foot
above grade; and
(c)
Openings may be equipped with screens, louvers, etc. or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
(9) For accessory structures that are 200 square feet or larger in area (footprint) and that are below the base flood elevation, a floodplain variance is required in accordance with Part
8 of this chapter. If a floodplain variance is granted, a signed declaration of land restriction (nonconversion agreement) shall be recorded on the property deed prior to issuance of a certificate of occupancy. No floodplain variances shall be granted for a proposed accessory structure that exceeds 600 square feet in size. A signed nonconversion agreement is required as a condition of receiving the floodplain variance.
(10)
The storage of hazardous materials is prohibited in accessory
structures.
The following minimum standards shall apply for all construction
and development proposed within any identified floodplain area:
A. Fill. Unless otherwise permitted by right by this §
8-503A, within any identified floodplain area the use of fill shall be prohibited, and no variance shall be granted. Fill placed to support the improvement, construction, or maintenance of public infrastructure, agricultural crossings by farm vehicles and livestock, or driveways serving single-family detached dwelling units shall be permitted by right provided that a permit is issued in accordance with this chapter and the following provisions shall apply:
[Amended 3-18-2021 by Ord. No. 21-01]
(1) The disturbance to any existing woodlands and degradation of water
quality shall be minimized to the greatest extent practicable;
(2) The fill shall extend laterally at least 15 feet beyond the building
line from all points;
(3) The fill shall consist of soil or small rock materials only; sanitary
landfills shall not be permitted;
(4) The fill shall be compacted to provide the necessary permeability
and resistance to erosion, scouring, or settling;
(5) The fill shall be no steeper than one foot vertical to two feet horizontal
unless substantiated data justifying steeper slopes are submitted
to and approved by the Floodplain Administrator; and
(6) The fill shall be used to the extent to which it does not adversely
affect adjacent properties.
B. Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall ensure proper drainage along streets, and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
C. Water and sanitary sewer facilities and systems.
(1) All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(2) Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(3) No part of any on-site sewage system shall be located within any
identified floodplain area except in strict compliance with all state
and local regulations for such systems. If any such system is permitted,
it shall be located so as to avoid impairment to it, or contamination
from it, during a flood.
(4) The design and construction provisions of the Uniform Construction
Code, FEMA #348 - Protecting Building Utilities from Flood Damages,
and the International Private Sewage Disposal Code, latest edition,
shall be utilized.
D. Other utilities. All other utilities such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
E. Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
F. Storage. All materials that are buoyant, flammable, explosive, or in times of flooding, could be injurious to human, animal, or plant life, and not listed in §
8-504 of this chapter (Development which may endanger human life), shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
G. Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
H. Anchoring.
(1) All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(2) All air ducts, large pipes, storage tanks, and other similar objects
or components located below the regulatory flood elevation shall be
securely anchored or affixed to prevent flotation.
I. Floors, walls and ceilings.
(1) Wood flooring used at or below the regulatory flood elevation shall
be installed to accommodate a lateral expansion of the flooring, perpendicular
to the flooring grain without causing structural damage to the building.
(2) Plywood used at or below the regulatory flood elevation shall be
of a marine or water-resistant variety.
(3) Walls and ceilings at or below the regulatory flood elevation shall
be designed and constructed of materials that are water-resistant
and will withstand inundation.
(4) Windows, doors, and other components at or below the regulatory flood
elevation shall be made of metal or other water-resistant material.
J. Paints and adhesives.
(1) Paints and other finishes used at or below the regulatory flood elevation
shall be of marine or water-resistant quality.
(2) Adhesives used at or below the regulatory flood elevation shall be
of a marine or water-resistant variety.
(3) All wooden components (doors, trim, cabinets, etc.) used at or below
the regulatory flood elevation shall be finished with a marine or
water-resistant paint or other finishing material.
K. Electrical components.
(1) Electrical distribution panels shall be at least three feet above
the base flood elevation.
(2) Separate electrical circuits shall serve lower levels and shall be
dropped from above.
L. Equipment.
(1) Water heaters, furnaces, air-conditioning and ventilating units,
and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation and shall
be anchored to resist flotation, collapse, and lateral movement.
(2) Ductwork shall be elevated to or above the regulatory flood elevation
or floodproofed to remain water-resistant.
M. Fuel supply systems. All gas and oil supply systems shall be designed
to prevent the infiltration of floodwaters into the system and discharges
from the system into floodwaters. Additional provisions shall be made
for the drainage of these systems in the event that floodwater infiltration
occurs.
N. Uniform Construction Code coordination. The standards and specifications
contained and incorporated in the Uniform Construction Code, including
without limitation §§ 801, 1202, 1403, 1603, 1605,
1612, 3402, and Appendix G of the 2009 International Building Code,
or the latest edition thereof, and Sections R104, R105, R109, R323,
Appendix AE101, Appendix E and Appendix J of the 2009 International
Residential Building Code, or the latest edition thereof, shall apply
to the extent that they are more restrictive and supplement the requirements
of this chapter.
All subdivision proposals and development proposals containing
at least 50 lots or at least five acres, and located in identified
floodplain areas where base flood elevation data are not available,
shall be supported by hydrologic and hydraulic engineering analyses
that determine base flood elevations and floodway information. The
analyses shall be prepared by a licensed professional engineer in
a format required by FEMA for a conditional letter of map revision
or letter of map revision. Submittal requirements and processing fees
shall be the responsibility of the applicant.
Within any identified floodplain area, recreational vehicles shall be prohibited; provided, however, if a floodplain variance is obtained (in accordance with the criteria in Part
8 of this chapter) to permit a recreational vehicle in an identified floodplain area, then the following requirements shall apply:
A. Recreational vehicles in A, A1-30, AH and AE Zones must either:
(1) Be on the site for fewer than 180 consecutive calendar days; and
(2) Be fully licensed and ready for highway use; or
(3) Meet the permit requirements for manufactured homes in §
8-506 of this chapter.