<div class="chunk-title">Sec. 62-84. - Flood damage prevention.</div>
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               Lots that are subject to flooding shall not be established in subdivisions for the
               purpose of creating building lots except as herein provided.
               
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                  (1)
                  
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               <p class="content2">
                  If there is any watercourse of any type running through or within 150 feet of the
                  proposed subdivision, the prospective subdivider shall furnish reasonable evidence
                  to the planning board that lots within the subdivision will not be flooded according
                  to the flood insurance rate maps as distributed by FEMA.
                  
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                  (2)
                  
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                  The prospective subdivider shall make a determination of the 100-year probable frequency
                  in accordance with generally accepted engineering practice. This determination must
                  reflect the actual conditions imposed by the completed subdivision, and must give
                  due consideration to the effects of urbanization and obstruction.
                  
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               <p class="incr1">
                  (3)
                  
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                  No proposed building lot shown that is wholly subject to flooding shall be approved.
                  
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               <p class="incr1">
                  (4)
                  
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                  No proposed building lot that is partially subject to flooding shall be approved,
                  unless there is established on the lot a line representing an actual contour at an
                  elevation two feet above the 100-year flood. Such line shall be known as the building
                  restriction flood line. No filling shall be permitted in the 100-year flood area.
                  All buildings or structures designed 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. The term "usable and functional
                  part of the structure" is defined as being inclusive of living areas, basements, sunken
                  dens, utility rooms, attached carports and mechanical appurtenances, such as furnaces,
                  air conditioners, water pumps, electrical conduits and wiring, but shall not include
                  water lines or sanitary sewer traps, piping and clean-outs, provided openings serving
                  the structure are above the building restriction flood line. Where only a portion
                  of the proposed building lot is subject to flooding, such a lot may be approved only
                  if there will be available for building a usable lot area of not less than 10,000
                  square feet. The usable lot area shall be determined by deducting from the total area
                  of the setback required by the county zoning ordinance and any remaining area of lot
                  lying below the building restriction flood line.
                  
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                  (5)
                  
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                  During the construction, preparation, arrangement, and installation of subdivision
                  improvements and facilities in subdivisions located at or along a stream bed, the
                  developer shall maintain the stream bed of each stream, creek backwash channel contiguous
                  to the subdivision, in an unobstructed state. The developer shall also remove from
                  the channel and banks of the stream all debris, logs, timber, junk, and other accumulations
                  of a nature that would, in time of flood, clog or dam the passage of waters in their
                  downstream course. Installation of appropriately sized stormwater drains, culverts,
                  or bridges shall not be construed as obstructions in the streams.
                  
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                  (6)
                  
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                  No private or public wells are to be located within the designated floodplain.
                  
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            <p class="historynote0">
               (Ord. of 9-15-1998, app. B, Â§ 807; Ord. of 10-7-2008)
               
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