Title
Floodplain Management in the City of Annapolis - For the purpose of amending certain sections of Chapter 17.11 of the Annapolis City Code to comply with updates to new Flood Insurance Rate Maps delineated by the Federal Emergency Management Agency; and all other matters generally relating to floodplain management in the City of Annapolis.
Body
CITY COUNCIL OF THE
City of Annapolis
Ordinance 5-15
Introduced by: Mayor Pantelides
Referred to
Economic Matters
Environmental Matters
Historic Preservation Commission
An ORDINANCE concerning
Floodplain Management in the City of Annapolis
FOR the purpose of amending certain sections of Chapter 17.11 of the Annapolis City Code to comply with updates to new Flood Insurance Rate Maps delineated by the Federal Emergency Management Agency; and all other matters generally relating to floodplain management in the City of Annapolis.
BY repealing and re-enacting with amendments the following portions to the Code of the
City of Annapolis, 2012 Edition
Section 17.11.030
Section 17.11.050
Section 17.11.137
Section 17.11.155
Section 17.11.176
Section 17.11.194
Section 17.11.209
Section 17.11.260
Section 17.11.263
Section 17.11.300
Section 17.11.310
Section 17.11.320
Section 17.11.330
Section 17.11.340
Section 17.11.370
Section 17.11.460
Section 17.11.520
Section 17.11.550
Section 17.11.560
Section 17.11.600
Section 17.11.630
Section 17.11.640
Section 17.11.700
Section 17.11.720
Section 17.11.730
Section 17.11.900
BY adding the following portions to the Code of the City of Annapolis, 2012 Edition
Section 17.11.231
Section 17.11.232
SECTION I: BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the Code of the City of Annapolis shall be amended to read as follows:
Chapter 17.11 - FLOODPLAIN MANAGEMENT
17.11.030 - Statement of purpose.
It is the purpose of this chapter to promote the public health, safety and general welfare, and
to:
(A) Protect human life, health and welfare;
(B) Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future;
(C) Minimize flooding of water supply and sanitary sewage disposal systems;
(D) Maintain natural drainage;
(E) Reduce financial burdens imposed on the community, its governmental units and its residents, by discouraging unwise design and construction of development in areas subject to flooding;
(F) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(G) Minimize prolonged business interruptions;
(H) Minimize damage to public facilities and other utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges;
(I) Reinforce that those who build in and occupy special flood hazard areas should assume responsibility for their actions;
(J) Minimize the impact of development on adjacent properties within and near flood-prone areas;
(K) Provide that the flood storage and conveyance functions of floodplains are maintained;
(L) Minimize the impact of development on the natural and beneficial functions of floodplains;
(M) Prevent floodplain uses that are either hazardous or environmentally incompatible; and
(N) Meet community participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations (CFR) at 44 CFR Section 59.22.
17.11.050 - Basis for establishing special flood hazard areas and BFES.
(A) For the purposes of this chapter, the minimum basis for establishing special flood hazard areas and base flood elevations is the flood insurance study for Anne Arundel County, Maryland and incorporated areas dated October 16, 2012February 18, 2015, or the most recent revision thereof, and the accompanying Flood Insurance Rate Map(s) and all subsequent amendments and revisions to the FIRMs. The FIS and FIRMs are retained on file and available to the public at the Department of Neighborhood and Environmental Programs.
(B) Where field surveyed topography or digital topography indicates that ground elevations are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard on the FIRM, the area shall be considered as special flood hazard area.
(C) To establish base flood elevations in special flood hazard areas that do not have such elevations shown on the FIRM, the Floodplain Administrator may provide the best available data for base flood elevations, may require the applicant to obtain available information from Federal, State or other sources, or may require the applicant to establish special flood hazard areas and base flood elevations as set forth in Section 17.11.320, Section 17.11.330, and Section 17.11.340 of this chapter.
17.11.137 - Coastal A Zone.
An area within a Special Flood Hazard Area, landward of a Coastal High Hazard Area (V Zone) or landward of a shoreline without a mapped Coastal High Hazard Area, in which the principal source(s) of flooding are astronomical tides and storm surges, and in which, during base flood conditions, the potential exists for breaking waves with heights greater than or equal to one and one-half feet. The inland limit of the Coastal A Zone may be delineated on FIRMs as the "lLimit of mModerate wWave aAction (LiMWA)."
17.11.155 - Elevation certificate.
FEMA Fform 81-31, on which surveyed elevations and other data pertinent to a property and a building are identified and which shall be completed by a licensed professional land surveyor or a licensed professional engineer, as specified by the Floodplain Administrator. When used to document the height above grade of buildings in special flood hazard areas for which base flood elevation data are not available, the elevation certificate shall be completed in accordance with the instructions issued by FEMA. [Note: FEMA Form 81-31 086-0-33 and instructions are available online at <http://www.fema.gov/library/viewrecord.do?id=1383>]
17.11.176 - Flood opening.
A flood opening (non-engineered) is an opening that is used to meet the prescriptive requirement of one square inch of net open area for every square foot of enclosed area. An engineered flood opening is an opening that is designed and certified by a licensed professional engineer or licensed architect as meeting certain performance characteristics, including providing automatic entry and exit of floodwaters; theTHIS certification requirement may be satisfied by an individual certification FOR A SPECIFIC STRUCTURE or issuance of an evaluation report by the ICC Evaluation Service, Inc. [Note: See NFIP Technical Bulletin #1, "Openings in Foundation Walls and Walls of Enclosures."]
17.11.194 - Floodproofing certificate.
FEMA form 81-65 that is to be completed, signed and sealed by a licensed professional engineer or licensed architect to certify that the design of floodproofing and proposed methods of construction are in accordance with the applicable requirements of Section 17.11.540(B) of this chapter. [Note: FEMA form 81-65086-0-34 is available online at <http://www.fema.gov/library/viewrecord.do?id=1600>.]
17.11.209 - Historic structure.
Any structure that is:
(1) Individually listed in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on the Maryland InventoryREGISTER of Historic Properties maintained by the Maryland Historical TrustPLACES; or
(4) Individually listed on the Inventory of Historic Places Maintained by City of Annapolis whose Historic Preservation Program has been certified by the Maryland Historical Trust or the Secretary of the Interior.
17.11.215 - Letter of Map Change (LOMC).
A Letter of Map Change is an official FEMA determination, by letter, that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:
Letter of Map Amendment (LOMA).
An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a specific property or structure is not located in a special flood hazard area.
Letter of Map Revision (LOMR).
A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A Letter of Map Revision based on fill (LOMR-F), is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.
Conditional Letter of Map Revision (CLOMR).
A Formal Review and Comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A Conditional Letter of Map Revision Based on Fill (CLOMR-F) is a determination that a parcel of land or proposed structure that will be elevated by fill would not be inundated by the base flood if fill is placed on the parcel as proposed or the structure is built as proposed. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA, to revise the effective FIRM.
17.11.231 - Limit of Moderate Wave Action (LiMWA).
Inland limit of the area affected by waves greater than 1.5 feet during the base flood. Base flood conditions between the VE Zone and the LiMWA will be similar to, but less severe than those in the VE Zone.
17.11.232 - Mixed-use structure.
Any structure that is used or intended for use for a mixture of nonresidential and residential uses in the same structure.
17.11.260 - Substantial damage.
Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before damaged condition would equal or exceed fifty percent of the market value of the building or structure before the damage occurred. Also used as "substantially damaged" structures. [Note: See "Substantial Improvement/Substantial Damage Desk Reference" (FEMA P-758).]
17.11.263 - Substantial improvement.
Substantial improvement: Any reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds fifty percent of the market value of the building or structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(1) Any project for improvement of a building or structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local Code Enforcement Official prior to submission of an application for a permit and which are the minimum necessary to assure safe living conditions; or
(2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
[NOTE: SEE "SUBSTANTIAL IMPROVEMENT/SUBSTANTIAL DAMAGE DESK REFERENCE" (FEMA P-758).]
Article III - Administration
17.11.300 - Designation of the Floodplain Administrator.
The Director of the Department of Neighborhood and Environmental Programs is hereby appointed to administer and implement this chapter and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may:
(A) Delegate duties and responsibilities set forth in this chapter to qualified technical personnel, plan examiners, inspectors, and other employees.
(B) Enter into a written agreement or written contract with another Maryland Community or private sector entity to administer specific provisions of this chapter. Administration of any part of this chapter by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations (CFR) at 44 CFR Section 59.22.
17.11.310 - Duties and responsibilities of the Floodplain Administrator.
The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
(A) Review applications for permits to determine whether proposed activities will be located in flood hazard areas. REFER ALL APPLICANTS WITHIN THE COASTAL A ZONE TO THE CHIEF OF HISTORIC PRESERVATION FOR A DETERMINATION OF: (i) HISTORIC STRUCTURE STATUS AS DEFINED IN SECTION 17.11.209; AND (ii) ANY APPLICABLE TAX CREDITS PURSUANT TO SECTION 6.04.230.
(B) Interpret floodplain boundaries and provide available base flood elevation and flood hazard information.
(C) Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of this chapter.
(D) Review applications to determine whether all necessary permits have been obtained from the Federal, State or local agencies from which prior or concurrent approval is required; in particular, permits from MDE for any construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the one hundred-year frequency floodplain of free-flowing nontidal waters of the state.
(E) Verify that applicants proposing an alteration of a watercourse have notified adjacent communities and MDE (NFIP State Coordinator), and have submitted copies of such notifications to FEMA.
(F) Advise applicants for new construction or substantial improvement of structures that are located within an area of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act that Federal Flood Insurance is not available on such structures; areas subject to this limitation are shown on Flood Insurance Rate Maps as Coastal Barrier Resource System Areas (CBRS) or Otherwise Protected Areas (OPA).
(G) Approve applications and issue permits to develop in flood hazard areas if the provisions of this chapter have been met, or disapprove applications if the provisions of this chapter have not been met.
(H) Inspect or cause to be inspected, buildings, structures, and other development for which permits have been issued to determine compliance with this chapter or to determine if non-compliance has occurred or violations have been committed.
(I) Review elevation certificates and require incomplete or deficient certificates to be corrected.
(J) Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for the City of Annapolis, within six months after such data and information becomes available if the analyses indicate changes in base flood elevations or boundaries.
(K) Maintain and permanently keep records that are necessary for the administration of this chapter, including:
(1) Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies and maps and current effective studies and maps) and Letters of Map Change; and
(2) Documentation supporting issuance and denial of permits, elevation certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been floodproofed, other required design certifications, variances, and records of enforcement actions taken to correct violations of this chapter.
(L) Enforce the provisions of this chapter, investigate violations, issue notices of violations or stop work orders, and require permit holders to take corrective action.
(M) Reserved.
(N) Administer the requirements related to proposed work on existing buildings:
(1) Make determinations as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged.
(2) Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct, and prohibit the non-compliant repair of substantially damaged buildings except for temporary emergency protective measures necessary to secure a property or stabilize a building or structure to prevent additional damage.
(O) Undertake, as determined appropriate by the Floodplain Administrator due to the circumstances, other actions which may include but are not limited to: Issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other Federal, State, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and assisting property owners with documentation necessary to file claims for Lincreased Ccost of Ccompliance (ICC) coverage under NFIP Flood Insurance Policies.
(P) Notify the Federal Emergency Management Agency when the corporate boundaries of the City of Annapolis have been modified and:
(1) Provide a map that clearly delineates the new corporate boundaries or the new area for which the authority to regulate pursuant to this chapter has either been assumed or relinquished through annexation; and
(2) If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in this chapter, prepare amendments to this chapter to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place within six months of the date of annexation and a copy of the amended chapter shall be provided to MDE (NFIP State Coordinator) and FEMA.
(Q) Upon the request of FEMA, complete and submit a report concerning participation in the NFIP which may request information regarding the number of buildings in the SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA.
17.11.320 - Use and interpretation of FIRMs.
The floodplain administrator shall make interpretations, where needed, as to the exact location of Special Flood Hazard Areas, Floodplain Boundaries, and Floodway Boundaries. The following shall apply to the use and interpretation of FIRMs and data:
(A) Where field surveyed topography indicates that ground elevations:
(1) Are below the base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as special flood hazard area and subject to the requirements of this chapter;
(2) Are above the base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a letter of map change that removes the area from the special flood hazard area.
(B) In FEMA-identified special flood hazard areas where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified special flood hazard areas, any other flood hazard data available from a Federal, State, or other source shall be reviewed and reasonably used.
(C) Base flood elevations and designated floodway boundaries on FIRMs and in FISs shall take precedence over base flood elevations and floodway boundaries by any other sources if such sources show reduced floodway widths and/or lower base flood elevations.
(D) Other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on FIRMs and in FISs.
(E) If a preliminary flood insurance rate map and/or a preliminary flood insurance study has
been provided by FEMA:
(1) Upon the issuance of a letter of final determination by FEMA, IF the preliminary flood hazard data is more restrictive than the effective data, it shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering this chapter.
(2) Prior to the issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to Section 17.11.050(c) and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.
(3) Prior to issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data is permitted where the preliminary base flood elevations, floodplain or floodway boundaries exceed the base flood elevations and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.
(F) If a dispute arises concerning any district boundary, an initial determination shall be made by the Floodplain Administrator. The applicant aggrieved by this decision may appeal to the Building Board of Appeals within thirty calendar days of the decision. The burden of proof is on the appellant. The appeal shall be accompanied by a nonrefundable fee as established by resolution of the City Council. The Floodplain Administrator shall schedule a hearing within thirty calendar days after the filing of the appeal and shall notify the appellant of the hearing date.
17.11.330 - Permits required and expiration.
(A) It shall be unlawful for any person to begin any development or construction which is wholly within, partially within, or in contact with any flood hazard area established in Section 1.5, including but not limited to: Filling; grading; construction of new structures; the substantial improvement of buildings or structures, including repair of substantial damage; placement or replacement of manufactured homes, including substantial improvement or repair of substantial damage of manufactured homes; erecting or installing a temporary structure, or alteration of a watercourse, until a permit is obtained from the City of Annapolis. No such permit shall be issued until the requirements of this chapter have been met.
(B) In addition to the permits required in paragraph (a), applicants for permits in nontidal waters of the State are advised to contact MDE. Unless waived by MDE, pursuant to Code of Maryland Regulations 26.17.04, Construction on Nontidal Waters and Floodplains, MDE regulates the "100-Year Frequency Floodplain of Free-Flowing Waters," also referred to as nontidal waters of the State. To determine the one hundred-year frequency floodplain, hydrologic calculations are based on the ultimate development of the watershed, assuming existing zoning. The resulting flood hazard areas delineated using the results of such calculations may be different than the special flood hazard areas established in Section 17.11.050 of this chapter. A permit from the City of Annapolis is still required in addition to any State requirements.
(C) A permit is valid provided the actual start of work is within one hundred eighty days of the date of permit issuance. Requests for extensions shall be submitted in writing and justifiable cause demonstrated. The Floodplain Administrator may grant, in writing, one or more extensions of time, for additional periods not exceeding ninety days each and provided there has been no amendment or revision to the basis for establishing special flood hazard areas and BFES set forth in Section 17.11.050
17.11.340 - Application required.
Application for a permit shall be made by the owner of the property or the owner's authorized agent (herein referred to as the applicant) prior to the start of any work. The application shall be on a form furnished for that purpose.
(A) Application contents at a minimum, applications shall include:
(1) Site plans drawn to scale showing the nature, location, dimensions, and existing and proposed topography of the area in question, and the location of existing and proposed structures, excavation, filling, storage of materials, drainage facilities, and other proposed activities.
(2) Elevation of the existing natural ground where buildings or structures are proposed, referenced to the datum on the FIRM.
(3) Delineation of flood hazard areas, designated floodway boundaries, flood zones, base flood elevations, and flood protection setbacks. Base flood elevations shall be used to delineate the boundary of flood hazard areas and such delineations shall prevail over the boundary of SFHAS shown on FIRMs.
(4) Where floodways are not delineated or base flood elevations are not shown on the FIRMs, the Floodplain Administrator has the authority to require the applicant to use information provided by the Floodplain Administrator, information that is available from Federal, State, or other sources, or to determine such information using accepted engineering practices or methods approved by the Floodplain Administrator. [Note: See "managing floodplain development in approximate Zone A areas: a guide for obtaining and developing base (100-year) flood elevations" (FEMA 265).]
(5) Determination of the base flood elevations, for development proposals and subdivision proposals, each with at least five lots or at least five acres, whichever is the lesser, in special flood hazard areas where base flood elevations are not shown on the FIRM; if hydrologic and hydraulic engineering analyses are submitted, such analyses shall be performed in accordance with the requirements and specifications of MDE and FEMA.
(6) Hydrologic and hydraulic engineering analyses for proposals in special flood hazard areas where FEMA has provided base flood elevations but has not delineated a floodway; such analyses shall demonstrate that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot or a lower increase if required by MDE.
(7) For encroachments in floodways, an evaluation of alternatives to such encroachments, including different uses of the site or portion of the site within the floodway, and minimization of such encroachment.
(8) If fill is proposed to be placed for a purpose other than to elevate structures, the applicant shall indicate the intended purpose for the fill.
(9) For proposed buildings and structures, including substantial improvement and repair of substantial damage, and placement and replacement of manufactured homes, including substantial improvement and repair of substantial damage:
(a) The proposed elevation of the final grading and lowest floor, including basement, referenced to the datum on the FIRM and a signed agreement to submit an elevation certificate.
(b) The signed declaration of land restriction (nonconversion agreement) that shall be recorded on the property deed prior to issuance of the certificate of occupancy, if the application includes an enclosure below the lowest floor or a crawl/underfloor space that is more than four feet in height.
(c) A written evaluation of alternative methods considered to elevate structures and manufactured homes, if the location is in nontidal waters of the State and fill is proposed to achieve the elevation required in Section 17.11.530(aA) or Section 17.11.540(aA).
(10) For accessory structures that are three hundred square feet or larger in area (footprint) AND that are below the base flood elevation, a variance is required as set forth in Article VII. If a variance is granted, a signed declaration of land restriction (nonconversion agreement) shall be recorded on the property deed prior to issuance of the certificate of occupancy.
(11) For temporary structures and temporary storage, specification of the duration of the temporary use.
(12) For proposed work on existing buildings, structure, and manufactured homes, including any improvement, addition, repairs, alterations, rehabilitation, or reconstruction, sufficient information to determine if the work constitutes substantial improvement or repair of substantial damage, including but not limited to:
(a) If the existing building or structure was constructed after November 4, 1981, evidence that the work will not alter any aspect of the building or structure that was required for compliance with the floodplain management requirements in effect at the time the building or structure was permitted.
(b) If the proposed work is a horizontal addition, a description of the addition and whether it will be independently supported or structurally connected to the base building and the nature of all other modifications to the base building, if any.
(c) Documentation of the market value of the building or structure before the improvement or, if the work is repair of damage, before the damage occurred.
(d) Documentation of the actual cash value of all proposed work, including the actual cash value of all work necessary to repair and restore damage to the before-damaged condition, regardless of the amount of work that will be performed. The value of work performed by the owner or volunteers shall be valued at market labor rates; the value of donated or discounted materials shall be valued at market rates.
(13) Certifications and/or technical analyses prepared or conducted by a licensed professional engineer or licensed architect, as appropriate, including:
(a) The determination of the base flood elevations or hydrologic and hydraulic engineering analyses prepared by a licensed professional engineer that are required by the Floodplain Administrator or are required by this chapter in: Section 17.11.405 for certain subdivisions and development; Section 17.11.520(A) for development in designated floodways; Section 17.11.520(C) for development in flood hazard areas with base flood elevations but not designated floodways; and Section 17.11.520(E) for deliberate alteration or relocation of watercourses.
(b) The floodproofing certificate for nonresidential structures that are floodproofed as required in Section 17.11.540(B).
(c) Certification that engineered flood openings are designed to meet the minimum requirements of Section 17.11.530(C)(3) to automatically equalize hydrostatic flood forces.
(d) Certification that the proposed elevation, structural design, specifications and plans, and the methods of construction to be used for structures in coastal high hazard areas (V Zones) and Coastal A Zones, are in accordance with accepted standards of practice and meet the requirements of Section 17.11.620(C).
(14) For nonresidential structures that are proposed with floodproofing, an operations and maintenance plan as specified in Section 17.11.540(B)(3).
(15) Such other material and information as may be requested by the Floodplain Administrator and necessary to determine conformance with this chapter, including any applied for variances.
(B) New technical data.
(1) The applicant may seek a Letter of Map Change by submitting new technical data to FEMA, such as base maps, topography, and engineering analyses to support revision of floodplain and floodway boundaries and/or base flood elevations. such submissions shall be prepared in a format acceptable to FEMA and any fees shall be the sole responsibility of the applicant. A copy of the submittal shall be attached to the application for a permit.
(2) If the applicant submits new technical data to support any change in floodplain and designated floodway boundaries and/or base flood elevations but has not sought a Letter of Map Change from FEMA, the applicant shall submit such data to FEMA as soon as practicable, but not later than six months after the date such information becomes available. Such submissions shall be prepared in a format acceptable to FEMA and any fees shall be the sole responsibility of the applicant.
17.11.370 - Submissions required prior to final inspection.
Pursuant to the agreement to submit an elevation certificate submitted with the application as required in Section 17.11.3403.5(A)(9), the permittee shall have an elevation certificate prepared and submitted prior to final inspection and issuance of a certificate of occupancy for elevated structures and manufactured homes, including new structures and manufactured homes, substantially-improved structures and manufactured homes, and additions to structures and manufactured homes.
17.11.460 - Critical and essential facilities.
Critical and essential facilities shall:
(A) Not be located in Coastal High Hazard Areas (V Zones), Coastal A Zones or floodways.
(B) If located in flood hazard areas other than coastal high hazard areas, Coastal A Zones and floodways, be elevated to the higher of elevation required by this chapter plus one foot, the elevation required by the building code, or the elevation of the 0.2 percent chance (five hundred-year) flood.
17.11.520 - Development that affects flood-carrying capacity of nontidal waters of the state.
(A) Development in designated floodways.
(1) For proposed development that will encroach into a designated floodway, Section 17.11.340(A)(7) requires the applicant to submit an evaluation of alternatives to such encroachment, including different uses of the site or the portion of the site within the floodway, and minimization of such encroachment. This requirement does not apply to fences that do not block the flow of floodwaters or trap debris.
(2) Proposed development in a designated floodway may be permitted only if:
(a) The applicant has been issued a permit by MDE; and
(b) The applicant has developed hydrologic and hydraulic engineering analyses and technical data prepared by a licensed professional engineer reflecting such changes, and the analyses, which shall be submitted to the Floodplain Administrator, demonstrate that the proposed activity will not result in any increase in the base flood elevation; or
(c) If the analyses demonstrate that the proposed activities will result in an increase in the base flood elevation, the applicant has obtained a Conditional Letter of Map Revision orAND a Letter of Map Revision from FEMA upon completion of the project. Submittal requirements and fees shall be the responsibility of the applicant.
(B) Development that includes the placement of fill in nontidal waters of the State.
For proposed development that includes the placement of fill in nontidal waters of the State, other than development that is subject to paragraph (D), a hydraulically-equivalent volume of excavation is required. Such excavations shall be designed to drain freely.
(C) Development in areas with base flood elevations but no designated floodways.
For development in special flood hazard areas of nontidal waters of the State with base flood elevations but no designated floodways:
(1) The applicant shall develop hydrologic and hydraulic engineering analyses and technical data reflecting the proposed activity and shall submit such technical data to the Floodplain Administrator as required in Section 17.11.340(A)(6). The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a Conditional Letter of Map Revision orand a Letter of Map Revision upon completion of the project. Submittal requirements and fees shall be the responsibility of the applicant.
(2) The proposed development may be permitted if the applicant has received a permit by MDE and if the analyses demonstrate that the cumulative effect of the proposed development, when combined with all other existing and potential flood hazard area encroachments will not increase the base flood elevation more than one foot at any point.
(D) Construction of roads, bridges, culverts, dams and in-stream ponds.
Construction of roads, bridges, culverts, dams, and in-stream ponds in nontidal waters of the State shall not be approved unless they comply with this section and the applicant has received a permit from MDE.
(E) Alteration of a watercourse.
(1) For any proposed development that involves alteration of a watercourse not subject to paragraph (C), unless waived by MDE, the applicant shall develop hydrologic and hydraulic engineering analyses and technical data reflecting such changes, including the floodway analysis required in Section 17.11.340(A), and submit such technical data to the Floodplain Administrator and to FEMA. The analyses shall be prepared by a licensed professional engineer in a format required by MDE and by FEMA for a Conditional Letter of Map Revision orand a Letter of Map Revision upon completion of the project. Submittal requirements and fees shall be the responsibility of the applicant.
(2) Alteration of a watercourse may be permitted only upon submission, by the applicant, of the following:
(a) A description of the extent to which the watercourse will be altered or relocated;
(b) A certification by a licensed professional engineer that the flood-carrying capacity of the watercourse will not be diminished;
(c) Evidence that adjacent communities, the U.S. Army Corps of Engineers, and MDE have been notified of the proposal, and evidence that such notifications have been submitted to FEMA; and
(d) Evidence that the applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of the watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the applicant to enter into an agreement with City of Annapolis specifying the maintenance responsibilities; if an agreement is required, the permit shall be conditioned to require that the agreement be recorded on the deed of the property which shall be binding on future owners.
17.11.550 - Horizontal additions.
(A) A horizontal addition proposed for a building or structure that was constructed after the date specified in Section 17.11.010 shall comply with the applicable requirements of Article IV and this section.
(B) In nontidal waters of the State that are subject to the regulatory authority of MDE, all horizontal additions shall comply with the applicable requirements of Article IV and this section and:
(1) If the addition is structurally connected to the base building, the requirements of paragraph (C) apply.
(2) If the addition has an independent foundation and is not structurally connected to the base building and the common wall with the base building is modified by no more than a doorway, the base building is not required to be brought into compliance.
(C) For horizontal additions that are structurally connected to the base building:
(1) If the addition combined with other proposed repairs, alterations, or modifications of the base building constitutes substantial improvement, the base building and the addition shall comply with the applicable requirements of Article IV and this section.
(2) If the addition constitutes substantial improvement, the base building and the addition shall comply with all of the applicable requirements of Article IV and this section.
(D) For horizontal additions with independent foundations that are not structurally connected to the base building and the common wall with the base building is modified by no more than a doorway, the base building is not required to be brought into compliance.
(E) A horizontal addition to a building or structure that is not substantial improvement, and is not located in nontidal waters of the State, is not required to comply with this section.
[Note: See "Substantial Improvement/Substantial Damage Desk Reference" (FEMA P-758).]
17.11.560 - Accessory structures.
(A) Accessory structures shall be limited to not more than one story in height and three hundred square feet in total floor area.
(B) Accessory structures shall comply with the elevation requirements and other requirements of Section 17.11.530, the floodproofing requirements of Section 17.11.540(B), or shall:
(1) Be useable only for parking of vehicles or limited storage;
(2) Be constructed with flood damage-resistant materials below the base flood elevation;
(3) Be constructed and placed to offer the minimum resistance to the flow of floodwaters;
(4) Be anchored to prevent flotation;
(5) Have electrical service and mechanical equipment elevated to or above the base flood elevation; and
(6) Have flood openings that meet the requirements of Section 17.11.530(C);
(7) Have a statement on the building plans which shall read as follows: "No enlargement or conversion of this area to habitable space is to occur unless the lowest floor is elevated at or above eight feet above mean sea level";
(8) Be constructed so that the floor elevation of the accessory structure does not qualify as a basement and must be constructed on or above grade;
(9) Be designed to have low flood damage potential, including provisions to allow the free flow of water into and out of the structure in order to maintain equal pressure;
(10) Have the applicant made aware that if the accessory structure is built below eight feet above mean sea level and is not floodproofed, that structure may be susceptible to higher insurance premium rates for the structure and its contents.
Article VI - Requirements in Coastal High Hazard Areas (V Zones)
17.11.600 - General requirements.
In addition to the general requirements of article iv, the requirements of this section shall:
(A) Apply in flood hazard areas that are identified as Coastal High Hazard Areas (V Zones) and Coastal A Zones (if delineated).
(B) Apply to all development, new construction, substantial improvements (including repair of substantial damage), and placement, replacement, and substantial improvement (including repair of substantial damage) of manufactured homes.
Exception: In Coastal A Zones, the requirements of Article V shall apply to substantial improvements (including repair of substantial damage), and substantial improvement of manufactured homes (including repair of substantial damage) and replacement manufactured homes.
[Note: See "Coastal Construction Manual" (FEMA P-55).]
17.11.630 - Horizontal additions to structures.
(A) A horizontal addition proposed for a building or structure that was constructed after the date specified in Section 17.11.010 shall comply with the applicable requirements of Article IV and this section.
(B) For horizontal additions, whether structurally connected or not structurally connected, to the base building:
(1) If the addition combined with other proposed repairs, alterations, or modifications of the base building constitutes substantial improvement, the base building and the addition shall comply with the applicable requirements of Article IV and this section.
(2) If the addition constitutes substantial improvement, the base building and the addition shall comply with all of the applicable requirements of Article IV and this section. [Note: The base building is required to comply otherwise it is an obstruction that does not comply with the free-of-obstruction requirement that applies to the elevated addition, see Section 17.11.620(B)(3).]
(C) A horizontal addition to a building or structure that is not substantial improvement is not required to comply with this section.
17.11.640 - Accessory structures.
(A) Accessory structures shall be limited to noT more than one story in height and three hundred square feet in total floor area.
(B) Accessory structures shall comply with the elevation requirements and other requirements of Section 17.11.620 or, if not elevated, shall:
(1) Be useable only for parking of vehicles or limited storage;
(2) Be constructed with flood damage-resistant materials below the base flood elevation;
(3) Be constructed and placed to offer the minimum resistance to the flow of floodwaters;
(4) Be anchored to prevent flotation;
(5) Have electrical service and mechanical equipment elevated to or above the base flood elevation; and
(6) If larger than one hundred square feet in size, have walls that meet the requirements of Section 17.11.620(D)(3) through (6), as applicable for the flood zone; and if located in Coastal A Zones, walls shall have flood openings that meet the requirements of Section 17.11.530(C)(3).
(7) Have a statement on the building plans which shall read as follows: "No enlargement or conversion of this area to habitable space is to occur unless the lowest floor is elevated at or above eight feet above mean sea level."
(8) Be constructed so that the floor elevation of the accessory structure does not qualify as a basement and must be constructed on or above grade.
(9) Be designed to have low flood damage potential, including provisions to allow the free flow of water into and out of the structure in order to maintain equal pressure.
(10) Have the applicant made aware that if the accessory structure is built below eight feet above mean sea level and is not floodproofed, that structure may be susceptible to higher insurance premium rates for the structure and its contents.
17.11.710 - Application for a variance.
(A) The owner of property, or the owner's authorized agent, for which a variance is sought shall submit an application for a variance to the Floodplain Administrator.
(B) At a minimum, the application shall contain the following information: Name, address, and telephone number of the applicant and property owner; legal description of the property; parcel map; description of the existing use; description of the proposed use; site map showing the location of flood hazard areas, designated floodway boundaries, flood zones, base flood elevations, and flood protection setbacks; description of the variance sought; and reason for the variance request. Variance applications shall specifically address each of the considerations in Section 17.11.720 and shall comply with the requirements of Section 17.11.340
(C) If the application is for a variance to allow the lowest floor (A Zones) or bottom of the lowest horizontal structural member (V Zones and Coastal A Zones) of a building or structure below the applicable minimum elevation required by this chapter, the application shall include a statement signed by the owner that, if granted, the conditions of the variance shall be recorded on the deed of the property.
(D) If the application is for a variance for a historic structure pursuant to Section 17.11.450 of this chapter, the application shall contain documentation that the proposed work does not preclude the structure's continued eligibility and designation as a historic structure. the documentation shall be obtained from a source that is authorized to make such determinations (see definition of "historic structure").
(E) Applications for variances must be submitted in writing to the Director of Neighborhood and Environmental Programs within thirty calendar days of any refusal to issue a permit.
(EF) The Director of Neighborhood and Environmental Programs must take official action on a request for a variance within thirty calendar days of the receipt of the request.
17.11.720 - Considerations for variances.
(A) The Floodplain Administrator shall request comments on variance applications from MDE (NFIP State Coordinator).
(B) In considering variance applications, the Department of Neighborhood and Environmental Programs shall consider and make findings of fact on all evaluations, all relevant factors, requirements specified in other sections of this chapter, and the following factors:
(1) The danger that materials may be swept onto other lands to the injury of others.
(2) The danger to life and property due to flooding or erosion damage.
(3) The susceptibility of the proposed development and its contents (if applicable) to flood damage and the effect of such damage on the individual owner.
(4) The importance of the services to the community provided by the proposed development.
(5) The availability of alternative locations for the proposed use which are not subject to, or are subject to less, flooding or erosion damage.
(6) The necessity to the facility of a waterfront location, where applicable, or if the facility is a functionally dependent use.
(7) The compatibility of the proposed use with existing and anticipated development.
(8) The relationship of the proposed use to the comprehensive plan and hazard mitigation plan for that area.
(9) The safety of access to the property in times of flood for passenger vehicles and emergency vehicles.
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
(11) The costs of providing government services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(12) The comments provided by MDE (NFIP State Coordinator).
(13) Considerations related to the reconstruction, rehabilitation, or restoration of structures listed in the National Register of Historic Places or State Inventory of Historic Places.
17.11.730 - Limitations for granting variances.
The Department of Neighborhood and Environmental Programs shall make an affirmative decision on a variance request only upon:
(A) A showing of good and sufficient cause. Good and sufficient cause deals solely with the physical characteristics of the property and cannot be based on the character of the improvement, the personal characteristics of the owner/inhabitants, or local provision that regulate standards other than health and public safety.
(B) A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of this chapter does not constitute an exceptional hardship to the applicant.
(C) A determination that the granting of a variance for development within any designated floodway, or flood hazard area with base flood elevations but no designated floodway, will not result in increased flood heights beyond that which is allowed in this chapter.
(D) A determination that the granting of a variance will not result in additional threats to public safety; extraordinary public expense, nuisances, fraud or victimization of the public, or conflict with existing local laws.
(E) A determination that the building, structure or other development is protected by methods to minimize flood damages.
(F) A determination that the variance is the minimum necessary to afford relief, considering the flood hazard.
Article IX - Subsequent Amendments
17.11.900 - Subsequent amendments.
All ordinances or parts of ordinances that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. This ordinance shall be amended as required by the Federal Emergency Management Agency, Title 44, Code of Federal Regulations. All subsequent amendments to this ordinance are subject to the approval of the Federal Emergency Management Agency and the Maryland Department of the Environment.
SECTION II: AND BE IT FURTHER ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that this Ordinance shall take effect from the date of its passage.
EXPLANATION
CAPITAL LETTERS indicate matter added to existing law.
Strikethrough indicates matter stricken from existing law.
Underlining indicates amendments.