ORD-2005-127 - Revisions to the Flood Damage Prevention Ordinance

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09/15/2005 34 Within the SFHAs established in Section 42 -37, where no 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 twenty feet each side from top of bank or (5) five times the width of the stream whichever is greater, unless certification with supporting technical data by a North Carolina licensed 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 the requirements of Section 42 -94(1) are adhered to and BFE data are available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this Ordinance and shall be elevated or flood proofed according to elevations established according to Section 42- 69(11 /12). When BFE data are not available from a federal, state, or other source, the reference level, including basement, shall be elevated at least two (2') feet above the HAG. Sec. 42 -95. Standards for areas of shallow flooding (AO zones). Located within the SFHAs established in Section 42 -37, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood 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. The following provisions shall apply within such areas: All new construction and substantial improvements of all structures shall have the lowest floor, including basement, elevated to the depth number specified on the FIRM, 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 regulatory flood protection elevation as defined for the SHMs, where no BFE has been established. 2. All new construction and substantial improvements of non - residential structures shall have the option, in lieu of elevation, to be completely flood proofed together with attendant utilities 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 capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required as per Section 42 -68(3) and Section 42- 92(2). (Ord. of 8 -28 -1995, § 5.5, eff. 8 -28 -1995) Sec. 42 -96. Effect upon outstanding floodplain development permits. Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereoffor which a floodplain development permit has been granted by the Floodplain Administrator or his /her authorized agents before the time of passage o (5) this Ordinance; provided, however, that when construction is not begun under such outstanding permit within a period of six (6) months subsequent to passage of this Ordinance or any revision thereto, construction or use shall be in conformity with the provisions of this Ordinance.