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on the lot plan or the "building restriction' flood line'. No filling shall be parmittad in the 100 year flood aras. All buildings or structuraa designad 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 dena, utility rooms, attached carports and mechanical appurtenances such as furnaces, sir conditioners, water pumps, electrical conduits and wiring but shall not include water lines or sanitary sewer tr&ps, piping and cleanouts provided openings serving the structure are above the building restriction flood line. Where only · portion of a proposed building lot is subject to flooding, such lot may be approved only if they will be available for building, a usable lot area of not less than 1,200 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 ares of the lot lying bef-ow--t'h-e--bui'l~-ing'r'est-riction flood I'i'ne.' 5. Du ~i ng --t h e- -co n]~T uc t I onT-,~ r-e pa r e t-I-on, ~rr&ngement and inafellat"iOn: ~o'1,-;., subdivi~i*oh!: :im'p£ovement~,_ and . ': facilit;ies-in-subdivi~-i-on.a~-I-oea-ted--a.t or along 'a-- stream bed, t~o'-.Uev~t~opbr--sh~t,*l, m~i~:t~iao;t.he-:slream :bed:of each stream,-~reek .o'~'?~ackwe~h: ~hennel. contiguous: ~o the --. subdiviai'on i'n 'an : unobstructed state. The developer shall a'lso remove [£~m_..tha-.channel__.and. ban.ks_-~)f_..~hs .. stream ell debris,-*: logs, : timber, junk and other accumulations of a nature that would, in time of flood, clog or damn the passage of waters in their downstream course. In~toliation of appropriately sized storm water drains, culverts or bridge~ shall not be construed as obstructions in the streams. SECTION 4.6 SEDIMENTATION POLLUTION CONTROt Upon approval of the preliminary plat the Planning Staff shall notify the North Carolina Department of Natural Resources and Community Development of such approval. All applicable requirements of the North Carolina Sedimentation Pollution Control Act, General Statute tt3A os amended shall ba complied with by the developer. The subdivider is required to submit to the Planning Staff evidence of a state approved erosion and sedimentation control plan before any construction or grading commences, elsa preliminary plat null and void and developer will be charged with violating a county ordinance and be aubjact to whatever legal action may ba available. 18