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June 24, 2004 DRAFT Page 542 Lots that are subject to flooding shall not be established in subdivisions for the purpose of creating building sites except as herein provided and in accordance with Flood Damage Prevention Ordinance of Cabarrus County. Flood Determination. If there is any water course of any type runnin9 through or within lS0 feet of the property proposed for subdivision, the prospective subdivider shall provide evidence to the Planning and Zoning Commission, by making reference to maps prepared by the Federal Emergency Management Agency, that the lots within the subdivision will not be flooded. 100 Year Flood Elevation. The subdivider shall make a determination of the crest elevation of a flood of 100-year probable frequency in accordance with generally accepted engineering practice. This determination must reflect the actual conditions imposed by the completed subdivision, and must give due consideration to the effects of urbanization and obstructions. No proposed building lot shown that is wholly subject to flooding shall he approved. No proposed building lot that is partially subject to flooding shall be approved, unless there is established on the lot plan a llne representing an actual contour at an elevation two (2) foot above the 100 year flood. Such line shall be known and identxfied on the lot plan or the "building restriction flood line". All buildings or structures designed or intended for use shall be located on such a lot so that the lowest usable and functional part of the structure shall not be below the elevation of building restriction flood line. Usable and functional part of the structure is defined as being inclusive of living areas, basements, sunken dens, utility rooms, attached carports and mechanical appurtenances such as furnaces, air conditioners, water pumps, electrical conduits and wiring but shall not include water lines or sanitary sewer traps, piping and cleanouts provided openings serving the structure are above the building restriction flood line. Where only a portion of a proposed building lot is subject to flooding, such lot may be approved only if there will be available for building, a usable lot area of not less than 1,500 square feet. The usable lot area shall be determined by deducting from the total lot area the area of the setback required by an applicable zoning district regulation and any remaining area of the lot lying below the building restriction flood line. Construction Standards. During the construction, preparation, arrangement, and installation of subdivision improvements, and facilities in subdivisions located at or along streambed, the developer shall maintain the strea~ed of each stream, creek, or back~ash channel contiguous to the subdivision in an unobstructed state. The developer shall also remove from the channel and banks of the stream all debris, logs, ti~er, Junk and other accumulatlons of a nature that would, in time of flood clog or dam the passage of waters in their downstream course. Installation of appropriately sized storm water drains, culverts or bridges shall not be construed as obstructions in the streams. Section 7. River stream buffer All subdivisions containing or located adjacent to all rivers or streams shown on USGS Quadrangle Maps as a solid blue line shall be subject to all of the regulations set forth in Chapter 4, Part II (River/Stream Overlay Zone) in the Cabarrus County Zoning .Ordinance. Section 8. Sedimentation pollution control ;tll subdivision developments must meet the requirements of the Cabarrus County Sediment s_~d Erosion Control Ordinance. The approval of a sediment and erosion control plan must be received prior to the commencement of any development activity. Final subdivision approval may not be granted to any subdivision that is not in conformance with the Sedi~nt and Erosion Control Ordinance.