Unified Development Ordinance, 5th supplement, March 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 9 – 26 Effective Date: March 6, 2018 Supp. No. 5 3. Interpretation of the flood hazard soils boundaries shall be based upon hydrologic analysis and hydraulic routing methods used by the Corps of Engineers to establish flood insurance rate maps. These methods are contained in the flood insurance study forWake County as published by FEMA. Approved interpretations of flood hazard soils boundaries may be described by bearings and distances and drawn with elevations in mean sea level datum given for each cross-section used in the routing computations. D. All interpretation requests shall be accompanied with a list of the names, mailing addresses andWake County tax parcel numbers of any property owner, including the petitioner, affected by the requested interpretation. The Public Works Director shall give notice by certified or registered mail, return receipt requested or by personal service to such property owners. The notices required to be given in this section are for the convenience of property owners and any defect or omission shall not impair the validity of any hearing or decision with respect to any interpretation. E. The notice shall inform affected property owners that within 14 days of the date of the letter, they may direct the PublicWorks Director to conduct a public hearing on the matter. All requests for a public hearing shall be directed to the PublicWorks Director. At least 10 days prior to a requested public hearing, the PublicWorks Director must by certified or registered mail-return receipt requested or by personal service give notice of the time and place of the hearing to the petitioner and to affected property owners. Hearings shall follow the procedures prescribed by law for hearings before the Board of Adjustment. The establishment and documentation of field conditions used in interpretations shall be based on certified testimony or information supplied by a licensed registered land surveyor and all calculations shall be made and certified by a registered and qualified professional. F. Upon rendering a decision, the PublicWorks Director shall immediately give notice by certified or registered mail, return receipt requested or by personal service to the petitioner and to affected property owners. Within 15 days after receipt of written notice of the interpretation, any affected property owner, including petitioner, may appeal the decision of the PublicWorks Director to the City Council. G. All approved interpretations of floodprone boundaries shall be described on maps or plats, which shall then be filed with the Clerk of the Superior Court and with the Register of Deeds ofWake County. The map or plats shall show the locations of all cross-sections, the elevation at the boundary of the floodway fringe areas, future conditions flood hazard area and flood storage area at the cross-section, the location of a benchmark used for vertical control; its elevation in reference to mean sea level datum, all floodplain boundaries and the source of the floodplain area. The map or plats shall also bear the name, title and professional seal of the person who supplied the survey and the calculation as well as the date the interpretation was approved by the PublicWorks Director. Sec. 9.3.4. Floodway and Non-Encroachment Areas A. Prohibited Uses 1. No encroachments, including fill, new construction, substantial improvements, structures, manufactured homes, use and other developments, are permitted within the floodway or non-encroachment areas unless it has been demonstrated that the proposed encroachment would not: a. Adversely affect the capacity of the channel's floodway and non- encroachment areas or drainage facilities or systems; b. Redirect velocities of water of the base flood or future conditions flood onto adjacent properties; or c. Result in any increase in flood levels during the occurrence of the base flood or future conditions flood based on hydrologic and hydraulic analyses. Hydrologic and hydraulic analyses shall be performed in accordance with standard engineering practice and presented to the floodplain administrator prior to issuance of flood permit or Conditional Letter of Map Revision has been approved by FEMA. A Letter of Map Revision must also be obtained upon completion of the proposed encroachment. 2. No chemical storage facilities which store or process acetone, acetylene gas, ammonia, benzene, calcium carbide, carbon disulfide, celluloid, chlorine, gasoline, hydrochloric acid, hydrocyanic acid, magnesium, materials or fuel which are flammable or explosive, nitric acid, oxides of nitrogen, petroleum products, phosphorus, potassium, sodium, sulfur or any other item which in time of flooding is buoyant or could be injurious to human, animal or plant life is allowed in the floodway and non-encroachment areas. 3. No new solid waste disposal facilities, hazardous waste management CHAPTER 9. ​NATURAL RESOURCE PROTECTION | Article 9.3. ​Floodprone Area Regulations Sec. 9.3.4. Floodway and Non-Encroachment Areas