Sec. 9.3.6. FEMA Designated SFHA Standards

  1. FEMA Floodway and FEMA Non-Encroachment Area Standards
    Areas designated as FEMA floodways or FEMA non-encroachment areas are located within SFHAs. These floodways and non-encroachment areas are extremely hazardous areas due to the velocity of flood waters which carry debris and potential projectiles and have erosion potential. The following provisions shall apply within such areas:
    1. No encroachments, including fill, new construction, substantial improvements, and other developments shall be permitted unless:
      1. It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood discharge, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Floodplain Administrator and/or his or her designee prior to issuance of flood permit; or
      2. A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR) also must be obtained within six (6) months of completion of the proposed encroachment.
    2. If Sec. 9.3.6.A.1. is satisfied, all proposed development within FEMA floodways and FEMA non-encroachment areas shall comply with Sec. 11.4.6. and all applicable flood hazard reduction standards in Sec. 9.3.5.
    3. Provided they are not otherwise restricted activities per Sec. 9.3.6.A.1., the following structures and activities are allowed within FEMA floodway and FEMA non- encroachment areas.
      1. General farming, pasture, outdoor plant or nurseries, horticulture, forestry, wildlife sanctuary, game preserves and other similar agricultural wildlife and related activities.
      2. Lawns, yards, gardens, parking areas, play areas and other similar uses.
      3. Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, greenways, bikeways, hiking or horseback-riding trails, botanical gardens, open space and other similar private and public recreational activities.
      4. Any other activity not employing a structure and not subject to floating away during a flood.
      5. Any activity employing a structure, provided all portions of any structure, including foundation and supports, shall be located outside the floodway area and that any structure which overhangs the floodway is elevated above the depth of the 500-year flood.
    4. Legally permitted structures existing and lying within a FEMA floodway or FEMA non- encroachment area may be repaired, improved, strengthened and enlarged; provided that no construction is permitted which will:
      1. Enlarge the foundation area of the structure within the floodway or nonencroachment area;
      2. Increase the bulk of the building or structure within the floodway below the base flood or future conditions flood level; or
      3. Enlarge the surface area perpendicular to the direction of flow of the watercourse to which the floodway relates.
  2. FEMA Floodway Fringe and FEMA Future Conditions Flood Hazard Area Standards
    Areas designated as FEMA floodway fringe or FEMA future conditions flood hazard areas are located within SFHAs. The following provisions shall apply to such areas:
    1. New development applications received after July 19, 2022 proposing development within FEMA floodway fringe areas and FEMA future conditions flood hazard areas are subject to the FEMA Floodway and FEMA Non-Encroachment Area Standards in Sec. 9.3.6.A., unless they qualify for exempt status under Sec. 9.3.6.B.1.a.
      1. New development within the FEMA floodway fringe or FEMA future conditions flood hazard areas are exempt from Sec. 9.3.6.B.1. if one of the following applies:
        1. Any lot 0.5 acre or less in size which was recorded prior to July 19, 2022.
        2. Any lot with existing development that is not subdivided or created by subdivision after July 19, 2022.
        3. Any lots that each individually fall under i. or ii. above may be recombined and maintain exempt status regardless of the size of the lot created.
      2. A variance to Sec. 9.3.6.B.1. may be sought by an applicant following the procedures prescribed in Sec.10.2.10.
    2. New development within the FEMA floodway fringe and FEMA future conditions flood hazard areas must comply with Sec. 9.3.5., Sec. 11.4.6. and the following:
      1. When a structure is constructed on fill and the lowest floor is above the RFPE, the top of the fill shall be no lower than one (1) foot below the RFPE and shall extend in all directions at least fifteen (15) feet beyond the limits of the structure.
      2. Open storage materials subject to floating away during a flood must be placed on fill at least one (1) foot above the RFPE.
    3. For all lots recorded prior to July 19, 2022 or for lots with new development applications received after July 19, 2022 which are exempt lots per Sec.9.3.6.B.1.a., the lot coverage may not exceed 50% of the portion of the FEMA floodway fringe or FEMA future conditions flood hazard areas on that lot, with the following exceptions:
      1. Any lot ½ acre or less in size which was recorded prior to May 2, 2006;
      2. Activities allowed in FEMA floodways or FEMA non-encroachment areas as outlined in Sec. 9.3.6.A.3.; or
      3. Existing or approved structures, for which a building permit has been issued prior to July 19, 2022 are subject to the following:
        1. In the event of damage to such a structure which requires a substantial improvement of said structure, the structure may be repaired or rebuilt with one of the following administrative approvals:
          1. a) An administrative approval by the Floodplain Administrator and/or his or her designee, if all the following are met:
            1. The land use existing at the time of the flood or other casualty remains the same;
            2. The use existing at the time of the flood or other casualty remains the same;
            3. There is no rise in the BFE or, if there is any rise in the BFE, as determined by a flood study identifying upstream and downstream structures that will be impacted, it will:
              1. Not raise the levels of the base flood or future conditions flood onto impacted structures; and
              2. Not redirect velocities of water onto impacted structures.
          2. An administrative approval by the Floodplain Administrator and/or his or her designee for any redevelopment that does not increase the flood elevation and that decreases the bulk of an existing building or structure below the BFE or future conditions flood level by at least 25% of the portion exceeding 50% of the FEMA floodway fringe or FEMA future conditions flood hazard areas. Any additional fill or material being added as a part of the redevelopment shall be included for calculation of the bulk of the proposed redevelopment. A written request for an administrative approval shall be submitted to the Floodplain Administrator and/or his or her designee.
      4. Notwithstanding the preceding exceptions, a variance from the 50% lot coverage threshold in Sec. 9.3.6.B.3. may be sought by an applicant following the procedures prescribed in Sec.10.2.10.
  3. Standards for FEMA Designated SFHAs without FEMA Established BFEs and/or Floodways
    If development is proposed within a FEMA designated SFHA established in accordance with Sec. 9.3.3.B.1., where no BFE data has been provided by FEMA on the FIRM, the following provisions, in addition to the provisions of Sec. 9.3.5., shall apply:
    1. No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of twenty feet (20’) 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 licensed in the State of North Carolina is provided to the Floodplain Administrator and/or his or her designee demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
    2. The BFE used in determining the RFPE shall be determined based on the following criteria:
      1. When BFE data is available from other sources, all new construction and substantial improvements within areas without FEMA established BFEs shall comply with all applicable provisions of this Article and shall be elevated or floodproofed in accordance with the standards in Sec. 11.4.6. and Sec. 9.3.5.
      2. When data is available from a federal, state, or other City-accepted source for unestablished FEMA floodway and non-encroachment areas all new construction and substantial improvements within these floodway and non-encroachment areas established from available data shall comply with the requirements of Sec. 9.3.6.A.
      3. All subdivision, manufactured home park and other development proposals shall provide BFE data if development is greater than five (5) acres or has more than fifty (50) lots/manufactured home sites. Such BFE data shall be adopted by reference in accordance with Sec. 9.3.3.B.1. and utilized in implementing this Article.
      4. When BFE data is not available from a federal, state, or other Cityaccepted source as outlined above, the reference level shall be elevated or floodproofed (nonresidential) to or above the RFPE. All other applicable provisions of Sec. 9.3.5. shall apply.