BC 2008 12 15 Regular Meeting - Laserfiche WebLink

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December 15, 2008 (Regular Meeting) Page 1106 (1) No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless: (a) it is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Eloodplain Administrator prior to issuance of floodplain development permit, or (b) a Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMB) must also be obtained upon completion of the proposed encroachment. (c) In addition to the Article 5 Section F Subsection 1, 1(a), 1(b), fill material graded to drain, provided such is protected against erosion. Any fill material on which a structure is to be located shall be extended at grade ten feet beyond the limits of the structure foundation, and shall have a side slope no steeper than two feet horizontal to one foot vertical. All material used as fill within the floodway and non-encroachment area fringe must be derived from adjacent floodway and non- encroachment area fringe and the same deeded parcel as that area being filled. The net result of borrow and fill within the floodway and non-encroachment area fringe area shall constitute no net loss to the flood storage capacity of the floodway and non-encroachment area fringe. A professional engineer must certify that no net loss of storage will occur as a result of the fill activity. (2) If Article 5, Section F(1) is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this ordinance. (3) No manufactured homes shall be permitted, except replacement manufactured homes in an existing manufactured home park or subdivision, provided the following provisions are met: (a) the anchoring and the elevation standards of Article 5, Section B(3); and (b) the no encroachment standard of Article 5, Section F(1). SECTION G Reserved ARTICLE 6. LEGAL STATOS PROVISIONS. SECTION A. EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD DAMAGE PREVENTION ORDINANCE. This ordinance in part comes forward by re-enactment of some of the provisions of the flood damage prevention ordinance enacted November 2, 1994 as amended, and it is not the intention to repeal but rather to re- enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this ordinance shall not affect any action, suit or proceeding instituted or pending. All provisions of the flood damage prevention ordinance of Cabarrus County enacted on November 2, 1999, as amended, which are not reenacted herein are repealed SECTION B. EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PERMITS. Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the floodplain administrator or his or her authorized agents before the time of passage of this ordinance; provided, however, that when construction is not begun under such outstanding permit within a period of six (6) months subsequent to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of this ordinance. SECTION C. SEVERABILITY. If any section, clause, sentence, or phrase of the Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance. SECTION D. EFFECTIVE DATE.