Article 7. Flood Hazard Areas

§9-701               FLOOD HAZARD AREAS; DESIGNATED. The Governing Body hereby designates the current Flood Hazard Boundary Map/Flood Insurance Rate Map, and amendments, as the official map to be used in determining those areas of special flood hazard.

§9-702               FLOOD HAZARD AREAS; PERMITS REQUIRED. No person, firm, or corporation shall erect, construct, enlarge or improve any building or structure in the Municipality or cause the same to be done without first obtaining a separate development permit for each building or structure.

(1)        Within Zone(s) A on the official map, separate development permits are required for all new construction, substantial improvements and other developments, including the placement of manufactured homes.

(2)        Application: to obtain a permit, the applicant shall first file an application therefore in writing on a form furnished for that purpose. Every such application shall:


             a.          Identify and describe the work to be covered by the permit for which application is made.


             b.          Describe the land on which the proposed work is to be done by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or work.


             c.          Indicate the use or occupancy for which the proposed work is intended.


             d.          Be accompanied by plans and specifications for proposed construction.


             e.          Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority.


             f.          Within designated flood prone areas, be accompanied by elevations (in relation to a mean sea level) of the lowest floor (including basement) or in the case of floodproofed nonresidential structures, the elevation to which it has been floodproofed. Documentation or certification of such elevations will be maintained by the Building Inspector.


             g.          Give such other information as reasonably may be required by the Building Inspector.

§9-703               FLOOD HAZARD AREAS; PERMIT APPLICATION. The Building Inspector shall review all development permit applications to determine if the site of the proposed development is reasonably safe from flooding and that all necessary permits have been received as required by Federal or State Law.

§9-704               FLOOD HAZARD AREAS; PERMIT EVALUATION. The Building Inspector, in reviewing all applications for new construction, substantial improvements, prefabricated buildings, placement of manufactured homes and other development(s) (as defined in section 9-702) will:

(1)        Obtain, review and reasonably utilize, if available, any regulatory flood elevation data and floodway data available from Federal, State or other sources, until such other data is provided by the Federal Insurance Administration in a Flood Insurance Study; and require within areas designated as Zone A on the official map that the following performance standards be met.

             (a)        Residential Construction - New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to one (1) foot above the base flood elevation.

             (b)        Nonresidential Construction - New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to one (1) foot above the level of the base flood elevation with attendant utility and sanitary facilities, be floodproofed so that below such a level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the local enforcement official.

             (c)        Require for all new construction and substantial improvements - That fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. 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 minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(2)        Require the use of construction materials that are resistant to flood damage.


(2)        Require the use of construction methods and practices that will minimize flood damage.


(3)        Require that new structures be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from bydrodynamic and hydrostatic loads, including the effects of buoyancy.


(4)        New structures be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.


(5)        Assure that all manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with State laws, local building codes and FEMA guidelines. In the event that over-the-top-frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met.


             (a)        Over-the-top ties be provided at each of the four corners of the manufactured homes with two additional ties per side at the intermediate locations and manufactured homes less than fifty (50) feet long requiring one (1) additional tie per side.

             (b)        Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points and manufactured homes less than fifty (50) feet long requiring four (4) additional ties per side.

             (c)        All components of the anchoring system be capable of carrying a force of 4800 pounds.

             (d)        Any additions to manufactured homes be similarly anchored.


   (6)      Require that all manufactured homes to be placed within zones Al -30, AH, and AE on the community̓s FIRM be elevated on a permanent foundation such that the lowest floor of the manufactured home is one (1) foot above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection (6) of this section.

§9-705               FLOOD HAZARD AREAS; SUBDIVISION APPLICATIONS. The Governing Body shall review all subdivision applications and other proposed new developments, including manufactured home parks or subdivisions, and shall make findings of fact and assure that:

(1)        All such proposed developments are consistent with the need to minimize flood damage.

(2)        Subdivision proposals and other proposed new developments (including proposals for manufactured home parks and subdivisions), greater than five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals regulatory flood elevation data in areas designated Zone A.

(3)        Adequate drainage is provided so as to reduce exposure to flood hazards.

(4)        All public utilities and facilities are located so as to minimize or eliminate flood damage.

§9-706               FLOOD HAZARD AREAS; NEW WATER AND SEWER SYSTEMS. New and replacement water and sewer systems shall be constructed to eliminate or minimize infiltration by, or discharge into floodwaters. Moreover, on-site waste disposal systems will be designed to avoid impairment or contamination during flooding.

§9-707               FLOOD HAZARD AREAS; ADDITIONAL REGULATIONS. The Governing Body will insure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. The Municipality will notify, in riverine situations, adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Federal Emergency Management Agency. Moreover, the Municipality will work with appropriate State and Federal agencies in every way possible in complying with the National Flood Insurance Program in accordance with the National Flood Disaster Protection Act of 1973.

§9-708               FLOOD HAZARD AREAS; CONFLICTING PROVISIONS. This Article shall take precedence over conflicting articles or sections. The Governing Body may, from time to time, amend this Article to reflect any and all changes in the National Flood Disaster Protection Act of 1973. The regulations of this Article are in compliance with the National Flood Insurance Program Regulations as published in Title 44 of the Code of Federal Regulations.

§9-709               FLOOD HAZARD AREAS; DEFINITIONS. Unless specifically defined below, words or phrases used in this Article shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Article its most reasonable application.

“Development” - Any man-made change to improved or unimproved real estate, including but not limited to buildings or structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

“Flood” - 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 or runoff of surface waters from any source.

“Floodproofing” - Any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

“Lowest Floor”- Means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building̓s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Article.

“Manufactured Home”- A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term “manufactured home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term “manufactured home” does not include park trailers, travel trailers, and other similar vehicles.

“Manufactured Home Park or Subdivision” - A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

“Regulatory Flood Elevation” - The water surface elevation of the 100-year flood.

“Special Flood Hazard Area” - The land within a community, subject to a one (1) percent or greater chance of flooding in any given year. This land is identified as Zone A on the official map.

“Structure”- A walled and roofed building that is principally above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above ground.

“Substantial Improvement”- Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either (a) before the improvement is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition “substantial improvement” 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 any alteration to comply with existing State or local health, sanitary, building or safety codes or regulations as well as structures listed in National or State Registers of historic Places.

“100-Year Flood”- The condition of flooding have a one (1) percent chance of annual occurrence.