HomeMy WebLinkAboutFlood Damage Prevention Ordinance-19841
FLOOD DAMAGE PREVENTION ORDINANCE
OF THE
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COUNTY OF CHOWAN, NORTH CAROLINA
' JUNE, 1984
DCM COPY DCM COPY
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Division of Coastal Management Copy
�- The preparation of this report was financially
aided through a federal grant from the National
Oceanic and Atmospheric Administration The grant
' was made through the North Carolina Department of
Natural Resources and Community Development.
Talbert, Cox & Associates, Inc.
' Engineers, Architects and Planners
ATLANTA,GA BLOUNTVILLE,TN CHARLOTTE, NC COLUMBIA,SC
NASHVILLE, TN RALEIGH, NC WILMINGTON, NC
FLOOD DAMAGE PREVENTION ORDINANCE
PREPARED FOR
CHOWAN COUNTY, NORTH CAROLINA
CHOWAN COUNTY BOARD OF COMMISSIONERS
Alton G. Elmore, Chairman
Joe Hollowell
Mrs. Clara Boswell
Mrs. Barbara Ward
C. A. Phillips
PREPARED BY
CHOWAN COUNTY PLANNING BOARD
Tony Webb, Chairman
T. D. Berryman
A. C. Hudson
Mrs. April Lane
Marvin Smith
W. Percy White
Mrs. Mary Nixon
PLANNING ASSISTANCE PROVIDED
BY
T. Dale Holland, AICP Project Manager
Talbert, Cox & Associates, Inc.
Kenneth Weeden, APA Project Planner
Talbert, Cox & Associates, Inc.
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COUNTY OF CHOWAN
FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND
OBJECTIVES
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of North Carolina has in Article 6,
Chapter 153-A-121, and in Article 21, Chapter 143-215.51, dele-
gated the responsibility to local governmental units to adopt
regulations designed to promote the public health, safety, and
general welfare of its citizenry by regulation of artificial ob-
structions in a floodway. Therefore, the Board of Commissioners
of the County of Chowan, North Carolina, ordain as follows:
SECTION B. FINDINGS OF FACT
1. The flood hazard areas of Chowan County are subject to
periodic inundation which results in loss of life, pro-
perty, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expendi-
tures for flood protection and relief, and impairment of
the tax base, all of which adversely affect the public
. health, safety and general welfare.
2. These flood
losses are caused by the cumulative effect of
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obstructions
in flood plains causing increases in flood
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heights and
velocities, and by the occupancy
in flood
hazard areas
by uses vulnerable to floods or
hazardous to
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other lands
which are inadequately elevated,
flood -
proofed, or
otherwise unprotected from flood
damages.
' SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health,
safety and general welfare and to minimize public and private
losses due to flood conditions in specific areas by provisions
--designed to:
' 1. restrict or prohibit uses which are dangerous to health,
safety and property due to water or erosion hazards, or
which result in damaging increases in erosion or in flood
' heights or velocities;
2. require that uses vulnerable to floods, including facili-
ties which serve such uses, be protected against flood
damage at the time of initial construction;
' 3. control the alteration of natural flood plains, stream
channels, and natural protective barriers which are in-
volved in the accommodation of flood waters;
4. control filling, grading, dredging and other development
which may increase erosion or flood damage; and,
5. prevent or regulate the construction of flood barriers
' which will unnaturally divert flood waters or which may
increase flood hazards to other lands.
SECTION D. OBJECTIVES
The objectives of this ordinance are:
1. to protect human life and health;
' 2. to minimize expenditure of public money for costly flood
control projects;
3. to minimize the need for rescue and relief efforts as-
sociated with flooding and generally undertaken at the
expense of the general public;
4. to minimize prolonged business interruptions;
' 5. to minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and
sewer lines, streets and bridges located in flood
plains;
' 6. to help maintain a stable tax base by providing for the
sound use and development of flood prone areas in such a
manner as to minimize future flood blight areas; and
7. to insure that potential home buyers are notified that
property is in a flood area.
ARTICLE 2. DEFINITIONS
Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the meaning they
' have in common usage and to give this ordinance its most reason-
able application.
"Appeal" means a request for a review of the Building Inspector's
interpretation of any provision of this ordinance or a request for
a variance.
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"Area
of Shallow Flooding"
means a
designated AO or VO Zone on the
County's
Flood Insurance
Rate Maps
(FIRM) with base flood depths
from one
to three feet where a clearly
defined channel does not
exist,
where the path of
flooding
is unpredictable and indetermi-
nate,
and where velocity
flow may
be evident.
"Area of Special Flood Hazard" is the land in the flood plain
within a community subject to a one percent or greater chance of
' flooding in any given year.
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"Base Flood" means the flood having a one percent chance of being
equaled or exceeded in any given year.
"Basement" means that portion of a building between floor and
ceiling, which may be partly below and partly above grade.
"Building" means any structure built for support, shelter, or
enclosure for any occupancy or storage.
"Development" means any man-made change to improved or unimproved
real estate, including, but not limited to, buildings or other
structures, mining, dredging, filling, grading, paving, excavation
or drilling operations.
"Existing Mobile Home Park or Mobile Home Subdivision" means a
parcel (or contiguous parcels) of land divided into two or more
mobile home lots for rent or sale for which the construction of
facilities for servicing the lot on which the mobile home is to be
affixed (including at a minimum, the installation of utilities,
either final site grading or the pouring of concrete pads, and the
construction of streets) is completed before the effective date of
this ordinance.
"Expansion to an Existing Mobile Home Park or Mobile Home
Subdivision" means the preparation of additional sites by the
construction of facilities for servicing the lots on which the
mobile homes are to be affixed (including the installation of
utilities, either final site grading or pouring of concrete pads,
or the construction of streets). Any expansion is considered "new
construction."
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"Flood" or Flooding" means a general and temporary condition of
partial or complete inundation of normally dry land areas from:
1. the overflow of inland or tidal waters;
2. the unusual and rapid accumulation of runoff of surface
water from any source.
"Flood Hazard Boundary Map (FHBM)" means an official map of the
County, issued by the Federal Emergency Management Agency, where
the boundaries of the areas of special flood hazard have been
defined as Zone A.
"Flood Insurance Rate Map (FIRM)" means the official map of the
County on which the Federal Emergency Management Agency has delin-
eated both the areas of special flood hazard and the risk premium
zones applicable to the County.
"Flood Insurance Study" is the official report provided by the
Federal Emergency Management Agency. The report contains flood
profiles, as well as the Flood Boundary-Floodway Map and the water
surface elevation of the base flood.
"Floodway" means the channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to dis-
charge the base flood without cumulatively increasing the water
surface elevation more than one foot.
"Floor" means the top surface of an enclosed area in a building
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(including basement), i.e. - top of slab in concrete slab con-
struction or top of wood flooring in wood frame construction. The
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term does not include the floor of a garage used solely for park-
" ing vehicles.
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"New Mobile Home Park or Mobile Home Subdivision" means a parcel
or contiguous parcels of land divided into two or more mobile home
lots for rent or sale for which the construction of facilities for
servicing the lot on which the mobile home is to be affixed (in-
cluding, at a minimum, the installation of utilities, either final
site grading or the pouring of concrete pads, and the construction
of streets) is completed on or after the effective date of this
ordinance.
"Start of Construction" means the first placement of permanent
construction of a structure (other than a mobile home) on a site,
such as the pouring of slabs or footings or any work beyond the
stage of excavation, including the relocation of a structure.
Permanent construction does not include the installation of
streets and/or walkways; nor does it include excavation for a
basement, footings, piers or foundations or the erection of tem-
porary forms; nor does it include the installation on the property
of accessory buildings, such as garages or sheds not occupied as
dwelling units or not a part of the main structure. For a struc-
ture (other than a mobile home) without a basement or poured foot-
ings, the "start of construction" includes the first permanent
framing or assembly of the structure or any part thereof on its
piling or foundation. For mobile homes not within mobile home
parks or mobile home subdivisions, "start of construction" is the
date on which the construction of facilities for servicing the
site on which the mobile home is to be affixed (including, at a
minimum, the construction of streets, either final site grading or
the pouring of concrete pads and installation of utilities) is
completed.
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"Structure" means a walled and roofed building that is principally
above ground, a mobile home, a gas or liquid storage tank, or
other man-made facilities or infrastructures.
"Substantial Improvement"
means,
any
repair, reconstruction, or
improvement of
a structure, the
cost
of which equals or exceeds
fifty percent of the market value of the structure, either (1)
before the improvement or repair is started, or (2) if the struc-
ture has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, "substantial im-
provement" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external
dimensions of the structure. The term does not, however, include
either (1) any project for improvement of a structure to comply
with existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living
conditions, or (2) any alteration of a structure listed on the
National Register of Historic Places or a State Inventory of
Historic Places.
"Variance" is a grant of relief to a person from the requirements
of this ordinance which permits construction in a manner otherwise
prohibited by this ordinance where specific enforcement would
result in unnecessary hardship.
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ARTICLE 3. GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazard
within the jurisdiction of the County of Chowan.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD
The areas of special flood hazard identified by the Federal Emer-
gency Management Agency in its Flood Insurance Study for Chowan
County, dated April 6, 1984, with accompanying maps and
other supporting data, and any revision thereto are adopted by
reference and declared to be a part of this ordinance.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required in conformance with the
provisions of this ordinance prior to the commencement of any
development activities.
SECTION D. COMPLIANCE
No structure or land shall hereafter be located, extended, con-
verted, or structurally altered without full compliance with the
terms of this ordinance and other applicable regulations.
SECTION E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However,
where this ordinance and another conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
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SECTION F. INTERPRETATION
' In the interpretation and application of this ordinance all provi-
sions shall be: (1) considered as minimum requirements; (2)
liberally construed in favor of the governing body; and, (3)
deemed neither to limit nor repeal any other powers granted under
State statutes.
SECTION G. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is con-
sidered reasonable for regulatory purposes and is based on scien-
tific and engineering considerations. Larger floods can and will
occur on rare occasions. Flood heights may be increased by man-
made or natural causes. This ordinance does not imply that land
outside the areas of special flood hazard or uses permitted within
such areas will be free from flooding or flood damages. This
ordinance shall not create liability on the part of the County of
Chowan or by any officer or employee thereof for any flood damages
that result from reliance on this ordinance or any administrative
decision lawfully made thereunder.
SECTION H. PENALTIES FOR VIOLATION
Violation of the provisions of this ordinance or failure to comply
with any of its requirements, including violation of conditions
and safeguards established in connection with grants of variance
or special exceptions, shall constitute a misdemeanor. Each day
such violation continues shall be considered a separate offense.
Nothing herein contained shall prevent the County of Chowan from
ttaking such other lawful action as is necessary to prevent or
remedy any violation.
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IARTICLE 4. ADMINISTRATION
SECTION A. DESIGNATION OF THE BUILDING INSPECTOR
The Chowan County Building Inspector is hereby appointed to admin-
ister and implement the provisions of this ordinance.
SECTION B. PERMIT PROCEDURES
' Application for a Development Permit shall be made to the County
Building Inspector on forms furnished by him, prior to any devel-
opment activities, and may include, but not be limited to, the
' following plans in duplicate drawn to scale showing the nature,
location, dimensions, and elevations of the area in question;
rexisting or proposed structures, fill, storage of materials;
1 drainage facilities, and the location of the foregoing. Specif-
ically, the following information is required.
1. elevation in relation to mean sea level of the proposed
lowest floor (including basement) of all structures;
2. elevation in relation to mean sea level to which any
nonresidential structure will be flood -proofed;
1 3. provide a certificate from a registered professional
engineer or architect that the nonresidential flood -
proofed structure meets the flood -proofing criteria in
Article 5, Section B(2);
4. description of the extent to which any watercourse will
be altered or relocated as a result of proposed develop-
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f5. provide a floor elevation or flood -proofing certification
after the lowest floor is completed within 21 calendar
days of establishment of the lowest flood elevation, or
flood -proofing by whatever construction means, it shall
be the duty of the permit holder to submit to the County
' Building Inspector a certification of the elevation of
the lowest floor and flood -proofed elevation, as built,
in relation to mean sea level. Said certification shall
be prepared by or under the direct supervision of a reg-
istered land surveyor or professional engineer and cer-
tified by same. When flood -proofing is utilized for a
particular building, said certification shall be prepared
by or under the direct supervision of a professional
engineer or architect and certified by same. Any work
done within the 21 day calendar period and prior to sub-
mission of the certification shall be at the permit hold-
er's risk. The County Building Inspector shall review
Deficiencies
the floor elevation survey data submitted.
detected by such review shall be corrected by the permit
holder immediately and prior to further progressive work
being permitted to proceed.. Failure to submit the survey
or failure to make said corrections required hereby,
shall be cause to issue a stop work order for the proj-
ect.
SECTION C. DUTIES AND RESPONSIBILITIES FOR THE BUILDING
INSPECTOR
Duties of the Chowan County Building Inspector shall include, but
not be limited to:
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1. Review all development permits to assure that the permit
requirements of this ordinance have been satisfied.
2. Advise permittee that additional Federal or State permits
may be required, and if specific Federal or State permits
are known, require that copies of such permits be pro-
vided and maintained on file with the development per-
mit.
3. Notify adjacent communities and the North Carolina
Department of Natural Resources and Community Development
prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal
Emergency Management Agency.
4. Assure that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood-
. carrying capacity is not diminished.
5. Verify and record the actual elevation (in relation to
mean sea level) of the lowest floor (including basement)
of all new or substantially improved structures, in ac-
cordance with Article 4, Section B. (5).
6. Verify and record the actual elevation (in relation to
mean sea level) to which the new or substantially im-
proved structures have been flood -proofed, in accordance
with Article 4, Section B. (5).
7. When flood -proofing is utilized for a particular struc-
ture, the County Building Inspector shall obtain certifi-
cation from a registered professional engineer or archi-
tect.
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' 8. Where interpretation is needed as to the exact location
of boundaries of the areas of special flood hazard (for
' example, where there appears to be a conflict between a
mapped boundary and actual field conditions) the County
Building Inspector shall make the necessary interpreta-
tion. The person contesting the location of the boundary
shall be given
a reasonable opportunity to appeal the
interpretation
as provided in this article.
9. When base flood
elevation data has not been provided in
accordance with
Article 3, Section B., then the Building
Inspector shall
obtain, review, and reasonably utilize
any base flood
elevation data available from a Federal,
State or other
source, in order to administer the provi-
sions of Article 5.
10. All records pertaining to the provisions of this ordi-
nance shall be maintained in the office of the County
Building Inspector and shall be open for public inspec-
tion.
SECTION D. VARIANCE PROCEDURES
1. The Chowan County Planning Board, as established by
' Chowan County, shall hear and decide appeals and requests
for variances from the requirements of this ordinance.
2. The Planning Board shall hear and decide appeals when
it is alledged there is an error in any requirement,
decision, or determination made by the County Building
Inspector in the enforcement or administration of this
ordinance.
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3. Any person aggrieved by the decision of the Planning
Board, or any taxpayer may appeal such decision to the
Chowan County Superior Court.
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4. Variances may be issued for the reconstruction, rehabili-
tation or restoration of structures listed on the
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National Register of Historic Places or the State Inven-
tory of Historic Places without regard to the procedures
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set forth in the remainder of this section.
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5. In passing upon such applications, the Planning Board
shall consider all technical evaluations, all relevant
factors, all standards specified in other sections of
this ordinance, and;
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a. the danger that materials may be swept onto.other
lands to the injury of others;
b. the danger to life and property due to flooding or
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erosion damage;
C. the susceptibility of the proposed facility and its
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dam-
contents to flood damage and the effect of such
age on the individual owner;
d. the importance of the services provided by the pro-
posed facility to the community;
e. the necessity to the facility of a waterfront loca-
tion, where applicable;
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f. the availability of alternative locations, not sub-
ject to flooding or erosion damage, for the proposed
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use;
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g. the compatibility of the proposed use with existing
and anticipated development;
h. the relationship of the proposed use to the compre-
hensive plan and flood plain management program for
that area;
i. the safety of access to the property in times of
flood for ordinary and emergency vehicles;
j. the expected heights, velocity, duration, rate of
rise and sediment transport of the flood waters and
the effects of wave action, if applicable, expected
at the site; and,
k. the costs of providing governmental services during
and after flood conditions including maintenance and
repair of public utilities and facilities such as
sewer, gas, electrical, and water systems, and
streets and bridges.
6. Upon consideration of the factors listed above and the
purposes of this ordinance, the Planning Board may attach
such conditions to the granting of variances as it deems
necessary to further the purposes of this ordinance.
' 7. Variances shall not be issued within any designated
floodway if any increase in flood levels during the base
' flood discharge would result.
8. Conditions for Variances:
a. Variances shall only be issued upon a determination
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Ithat the variance is the minimum necessary, consider-
ing the flood hazard, to afford relief;
b. Variances shall only be issued upon (i) a showing of
' good and sufficient cause; (ii) a determination that
failure to grant the variance would result in excep-
tional hardship to the applicant; and, (iii) a deter-
mination that the granting of a variance will not
result in increased flood heights, additional threats
' to public safety, extraordinary public expense, cre-
ate nuisance, cause fraud on or victimization of the
public, or conflict with existing local laws or ordi-
nances.
c. Any applicant to whom a variance is granted shall be
' given written notice specifying the difference
between the base flood elevation and the elevation to
' which the structure is to be built and stating that
the cost of flood insurance will be commensurate with
the increased risk resulting from the reduced lowest
' floor elevation.
d. The County Building Inspector shall maintain the
' records of all appeal actions and report any varian-
ces to the Federal Emergency Management Agency upon
request.
' ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
' In all areas of special flood hazard the following provisions are
required:
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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 re-
sistant to flood damage;
3. All new construction or substantial improvements shall be
constructed by methods and practices that minimize flood
damage;
4. All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
waters into the system;
5. 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;
6. On -site waste disposal systems shall be located and con-
structed to avoid impairment to them or contamination
from them during flooding;
7. Any alteration, repair, reconstruction, or improvements
to a structure which is in compliance with the provisions
of this ordinance, shall meet the requirements of "new
construction" as contained in this ordinance.
SECTION B. SPECIFIC STANDARDS
In all areas of special flood hazard where base flood elevation
data has been provided, as set forth in Article 3, Section B, or
Article 4, Section C (11), the following provisions are required:
Residential Construction - New construction or substan-
tial improvement of any residential structure shall have
the lowest floor, including basement, elevated no lower
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than the base flood elevation.
2. Non -Residential Construction - New construction or sub-
stantial improvement of any commercial, industrial or
other non-residential structure shall either have the
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including basement, lower than
lowest floor, elevated no
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the level of the base flood elevation or, together with
attendant utility and sanitary facilities, be flood -
proofed so that all areas of the structure below the
required elevation is water tight and with walls substan-
tially impermeable to the
passage of water and with
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structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoy-
ancy. A registered professional engineer or architect
shall certify that the standards of this subsection are
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satisfied. Such certification shall be provided to the
official as set forth in Article 4, Section b(3).
3. Mobile Homes
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a. No mobile home shall be placed in a floodway except
in an existing mobile home park or existing mobile
home subdivision.
b. All mobile homes shall be anchored to resist
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flotation, collapse, or lateral movement by providing
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over -the -top and frame ties to ground anchors.
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Specific requirements shall be that:
i. over -the -top ties be provided at each end of the
mobile home, with one additional tie per side at
an intermediate location on mobile homes of less
than fifty feet and one additional tie per side
for mobile homes of fifty feet or more;
ii. frame ties be provided at each corner of the home
with four additional ties per side at intermed-
iate points for mobile homes less than fifty feet
long and one additional tie for mobile homes of
fifty feet or longer;
iii. all components of the anchoring system be capable
of carrying a force of 4,800 pounds; and
iv. any additions to the mobile home be similarly
anchored.
c. For new mobile home parks and subdivisions; for ex-
pansions to existing mobile home parks and subdivis-
ions; for existing mobile parks and subdivisions
where the repair, reconstruction or improvement of
the streets, utilities and pads equal or exceed fifty
percent of value of the streets, utilities and pads
before the repair, reconstruction or improvement has
commenced; and, for mobile homes or placed in a mob-
ile home park or subdivision require:
i. stands or lots are elevated on compacted fill or
on pilings so that the lowest floor of the mobile
home will be at or above the base flood level;
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ii. adequate surface drainage and access for a hauler
are provided; and
iii. in the instance of elevation on pilings; (1) lots
are large enough to permit steps; (2) piling
foundations are placed in stable soil no more
than ten feet apart; and (3) reinforcement is
provided for pilings more than six feet above the
ground level.
4. Floodways - Located within areas of special flood hazard
established in Article 3, Section B, are areas designated
as floodways. Since the floodway is an extremely hazard-
ous area due to the velocity of flood waters which carry
debris, potential projectiles, and has erosion potential,
the following provisions shall apply:
a. Prohibit encroachments, including fill, new construc-
tion, substantial improvements and other developments
unless certification (with supporting technical data)
by a registered professional engineer is provided
demonstrating that encroachments shall not result in
any increase in flood levels during occurrence of the
base flood discharge;
b. If Article 5, Section b(4)(a), is satisfied, all new
construction and substantial improvements shall com-
ply with all applicable flood hazard reduction pro-
visions of Article 5.
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c. Prohibit the placement of any mobile homes, except in
an existing mobile home park or existing mobile home
subdivision.
SECTION C. STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD
ELEVATIONS AND/OR FLOODWAYS
Located within the areas of special flood hazard established in
Article 3, Section B, where small streams exist but where no base
flood data has been provided or where no floodways have been pro-
vided, the following provisions apply:
1. No encroachments including fill material or structures
shall be located within a distance of the stream bank
equal to times the width of the stream at the
top of bank or twenty feet on each side from top of bank,
whichever is greater, unless certification by a register-
ed 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. New construction of substantial improvements of struc-
tures shall be elevated or flood -proofed in accordance
with elevations established in accordance with Article 4,
Section C.(11).
SECTION D. STANDARDS FOR SUBDIVISION PROPOSALS
1. All subdivision proposals shall be consistent with the
need to minimize flood damage;
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' 2. All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical and water sys-
tems located and constructed to minimize flood damage;
' 3. All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood hazards; and
' 4. Base flood elevation data shall be provided for subdivis-
ion proposals and other proposed development which is
greater than the lesser of fifty lots or five acres.
SECTION E. STANDARDS FOR AREAS OF SHALLOW FLOODING (NO ZONES)
Located within the areas of special flood hazard established in
' Article 3, Section 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; therefore, the following provisions apply:
' 1. All construction and substantial improvements of residen-
tial structures shall 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 (2) feet above the highest adjacent grade.
2. All new construction and substantial improvements of non-
residential 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.
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' If no depth number is specified, the lowest floor,
' including basement, shall be elevated at least two
(2) feet above the highest adjacent grade or,
' b. together with attendant utility and sanitary facili-
ties be completely flood -proofed to or above that
level so that any space below that level is water-
tight with walls substantially impermeable to the
passage of water and with structural components hav-
ing the capability of resisting hydrostatic and
hydrodynamic loads and effects of bouyancy.
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