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Article 5: Development Standards
Section 5.6. Floodplain Management
5.6.1. Purpose
Morrisville, NC
June 2013
Unified Development Ordinance - Public Hearing Draft
Page 5-21
SECTION 5.6.
FLOODPLAIN MANAGEMENT
316
5.6.1.
Purpose
The purpose of this section is to set forth methods and provisions for minimizing the risks of flooding and
flood damage in the Floodplain Overlay (FO) District. Specifically the standards in this section are
intended to:
A.
Restrict or prohibit development that is dangerous to health, safety, and property due to water or
erosion hazards, or that result in damaging increases in erosion or in flood heights or velocities;
B.
Require development vulnerable to floods, including facilities serving such development, to be
protected against flood damage at the time of initial construction;
C.
Control the alteration of natural floodplains, stream channels, and natural protective barriers, which
help accommodate or channel floodwaters;
D.
Control filling, grading, dredging, and other development that may increase flood damage; and
E.
Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or which
may increase flood hazards in other areas.
5.6.2.
Required Certificates
A.
Elevation Certificates
1.
An Elevation Certificate (FEMA Form 81-31) is required before the actual start of any new
construction. It shall be the duty of the applicant for a Floodplain Development Permit to submit to
the Planning Director a certification of the elevation of the reference level, in relation to mean
sea level. The Planning Director shall review the certificate data submitted. The permit holder
shall correct deficiencies detected by such review before the application for a Floodplain
Development Permit may be approved. Failure to submit the certification or make required
corrections of it shall be cause to deny a Floodplain Development Permit.
2.
An Elevation Certificate (FEMA Form 81-31) is required after the reference level is established.
Within seven calendar days after establishment of the reference level elevation, it shall be the
duty of the holder of a Floodplain Development Permit to submit to the Planning Director a
certification of the elevation of the reference level, in relation to mean sea level. Any work done
within the seven-day calendar period and before submittal of the certification shall be at the
permit holder‘s risk. The Planning Director shall review the certificate data submitted. The permit
holder shall correct deficiencies detected by such review immediately, and before proceeding
further on the work being permitted. Failure to submit the certification or make required
corrections shall be cause to issue a stop work order for the development.
3.
A final as-built Elevation Certificate (FEMA Form 81-31) is required after construction is
completed and before issuance of a Certificate of Compliance/Occupancy. It shall be the duty of
the holder of a Floodplain Development Permit to submit to the Planning Director a certification
of final as-built construction of the elevation of the reference level and all attendant utilities. The
Planning Director shall review the certificate data submitted. The permit holder shall correct
deficiencies detected by such review immediately, and before issuance of a Certificate of
Compliance/Occupancy. In some instances, another certification may be required to certify
corrected as-built construction. Failure to submit the certification or make required corrections shall
be cause to withhold the issuance of a Certificate of Compliance/Occupancy.
316
This carries forward the floodplain management standards in the current Flood Damage Prevention Ordinance (Ch. 26 of the
Code of Ordinances, modified only to clarify wording. Those parts of Ch. 26 pertaining to the Floodplain Development Permit are
located in Article 2: Administration. Those parts of Ch. 26 pertaining to the establishment of the area subject to these floodplain
management standards are in the regulations for the Floodplain Overlay (FO) District, in Article 3: Zoning Districts.